Judge orders Huntington Beach to pass compliant housing element

State leaders are praising a ruling this week in their well-publicized housing battle with the city of Huntington Beach.

San Diego Superior Court Judge Katherine Bacal issued a minute order Wednesday that Huntington Beach must plan for more housing in the city and pass a housing element compliant with state law within 120 days. But the fight will go on, as city leaders vowed to appeal.

The state had sued Huntington Beach in March 2023 after the conservative majority City Council refused to pass a housing element that would plan for 13,368 units this decade, as dictated by the Southern California Assn. of Governments for the current cycle that runs until 2029.

“Huntington Beach is not above the law — that’s the essence of today’s ruling,� said California Atty. Gen. Rob Bonta in a statement. “Local governments up and down our state should take notice. We are facing a housing crisis of epic proportions, and my office will continue to act with great urgency, working with cities and counties that genuinely want to be part of the solution and holding accountable those that do not.�

Huntington Beach Mayor Gracey Van Der Mark said in a statement the City Council has instructed City Atty. Michael Gates to appeal the ruling, in an attempt to combat “unsustainable and irresponsible high-density housing.�

“As city leaders, our duty includes both land use decisions and environmental protection,� Van Der Mark said. “The state’s ‘mandates’ for high-density housing in our city jeopardizes our groundwater supply, harms our wildlife and wetlands and threatens to escalate pollution and noise. Together with the council, I will persist in resisting state pressure to safeguard our beloved Huntington Beach and its residents. We refuse to surrender our city to Sacramento’s nonsensical and overreaching mandates.�

A draft housing element was prepared by city staff in fall of 2022, but the council majority, newly elected at the time, declined to pass it, then went after the state in a lawsuit.

The four conservative members of the Huntington Beach City Council listen to public comments during the meeting on May 7.

(Eric Licas)

In March 2023, members of the majority declined to sign a statement of overriding considerations, which would have declared that they found that the overriding economic, legal, social, technological or other benefits of the zoning outweighed the environmental impact. In her ruling, however, Bacal said the city can both acknowledge environmental concerns and also comply with its obligation to meet the Regional Housing Needs Allocation (RHNA) number of 13,368 units.

Gates said in a statement Thursday that the case was not over, despite what he called Bonta’s “victory lap.�

“[Wednesday’s] court ruling comes more than a year after the state filed suit demanding swift relief,� Gates said. “The state didn’t get it then and it will have to continue to wait as we’ll be filing an appeal. The trial court ruling rests on at least three areas of law that do not apply to this case, creating an erroneous ruling. We’ll continue the fight to defend Huntington Beach from the Sacramento assault to destroy our great city.�

Huntington Beach had filed its own lawsuit against the the state in federal court, alleging the state had violated 1st Amendment and 14th Amendment protections and highlighting the city’s status as a charter city. U.S. District Judge Fred Slaughter ruled against Huntington Beach last November in that lawsuit, but again, Gates appealed.

Gov. Gavin Newsom said in a statement that California will continue to focus on accountability.

“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,� Newsom said.

Huntington Beach City Atty. Michael Gates, shown at a mayor’s town hall meeting last year, has vowed to continue the city’s fight against what he says is Sacramento overreach.

(File Photo)

Huntington Beach City Council members Dan Kalmick, Natalie Moser and Rhonda Bolton, who are in the minority on the panel, have consistently opposed the city’s decision to sue the state. Still, Kalmick said in a text Thursday that he’s never happy to see the city lose a lawsuit.

“If we wanted to challenge the law, then the majority should have passed a housing element when I motioned for a special meeting to do so right after they were sworn in,� he said. “This is another loss for the city and a loss for all taxpayers in the state of California. Huntington Beach is not sovereign, we must follow state law, whether it’s housing law, the California Public Records Act or now a state audit.�

Moser said the council majority’s commitment to “unleash� Gates against the state has run its course and proven to be a fool’s errand.

“Continuing to fight state laws through costly litigation isn’t just expensive, it’s counterproductive,� she said. “It’s time to restore cooperative government.�