Huntington Beach can't use Reagan's CEQA; The city violated state housing law, judge rules
Huntington Beach can't use Reagan's CEQA; The city violated state housing law, judge rules
A San Diego judge ruled that Huntington Beach violated California's housing element law, ordering the city to comply within 120 days in a major legal victory for state Attorney General Rob Bonta
The ruling affirms the state's ability to enforce housing laws and hold local governments accountable for meeting regional housing needs, amid an epic shortage of affordable homes.
About the Case
Superior Court Judge Katherine Bacal granted Bonta and the California Dept. of Housing and Community Development's (HCD) petition for a writ of mandate against Huntington Beach while denying their request for declaratory relief.
In March, Bonta, Newsom, and HCD Director Gustavo Velasquez sued the city for failing to adopt a legally compliant housing plan as required for the current planning cycle.
The judge found Huntington Beach had a "ministerial duty" to adopt a compliant 6th cycle housing element by Oct. 15, 2021, but failed to do so despite preparing a draft plan.
The city council deadlocked and ultimately voted to reject the draft housing element revision.
Between the lines
Huntington Beach argued that adopting the housing plan with 13,368 high-density units would violate Former California Governor and US President Ronald Reagan’s California Environmental Quality Act (CEQA), and require a "false statement of overriding considerations."
However, the judge noted that the housing element law exempts cities' allocation of housing needs from CEQA review to avoid conflicts.
She said the city could acknowledge environmental concerns and cite its legal duty to meet housing goals as a valid reason to override them.
"Huntington Beach is not above the law — that's the essence of today's ruling. Local governments up and down our state should take notice," Bonta said, vowing to keep enforcing the law "We can't solve the decades-in-the-making crisis around housing without everyone doing their part, and this result makes clear the state is serious about enforcing the law," added Newsom in the press release.
What’s Next
Bonta has prioritized increasing access to affordable housing, launching a Housing Justice Team, and sponsoring bills to encourage compliance and enhance state law enforcement.
His office also recently settled with Malibu to bring its housing plan into compliance.
Huntington Beach has 120 days to bring its housing element into substantial compliance with state law. The city's demurrer against an advocacy group that joined the suit will be heard in November.