City leaders say they’ll challenge housing mandates as state officials warn Huntington Beach could be violating laws
© Mark Rightmire/The Orange County Register/TNS
Supporters of local control hold signs as Huntington Beach Mayor Tony Strickland, City Attorney Michael Gates, and Councilman Casey McKeon, speak during a news conference at the Huntington Beach Civic Center on Tuesday, February 14, 2023, concerning California State Attorney General Rob Bonta’s threat of litigation if the city refuses the state-mandated housing goals. City officials said they will contest efforts by the state which requires them to add more than 13,000 more housing units to meet the states Housing Accountability Act.
Huntington Beach officials say they are taking a stand for local control as they square off against state leaders in a dispute over housing goals for the coastal town.
On Tuesday, Feb. 14, Mayor Tony Strickland, Councilman Casey McKeon and City Attorney Micheal Gates told a crowd of residents and reporters gathered at City Hall they will contest state mandates requiring city leaders to plan for 13,000 more housing units over the next several years – it’s the city’s allocation in state housing plans to meet future needs. They also said they are on board with a proposed law before the Planning Commission this week that would to exempt Huntington Beach from the so-called builder’s remedy provision of the state’s Housing Accountability Act.
The provision requires local governments without approved housing elements – the plans cities have to submit for how they are zoning to meet their allocation – to accept projects submitted by developers so long as 20% of the homes are earmarked for low-income households or all of the homes are for moderate-income families. The submitted projects must still conform to appropriate building and design standards and comply with environmental impact rules and the California Coastal Act.
“This is a reckless, blank check for developers that if allowed to occur beyond the reach of local zoning controls, will create permanent, potentially disastrous, effects for the city,” McKeon said. “To be clear, these unregulated projects will become permanent fixtures in our city.”
He argued local control is needed to keep the city from becoming overly urbanized with high-rise buildings, saying meeting the mandated housing would double the size of the community.
“The city cannot sit idly by and allow developers to circumvent the local zoning controls and force the city to, in part, choose between environmental protection or housing – all the while, waiting for the state to approve the housing element that we are negotiating in good faith,” he said. “It’s as simple as that.”
But state officials are warning Huntington Beach’s plan to block the use of the builder’s remedy application would be a violation of state law.
“California is facing a housing crisis of epic proportions, and it’s going to take all of us doing our part to ensure that Californians have access to affordable housing,” state Attorney General Rob Bonta said in a letter to the city sent Monday, Feb. 13. “The city of Huntington Beach’s proposed ordinance attempts to unlawfully exempt the city from a state law that creates sorely needed additional housing for low- and moderate-income Californians.
“I urge cities to take seriously their obligations under state housing laws,” Bonta added. “If you don’t, we will hold you accountable.”
The California Department of Housing and Community Development sent a “notice of potential violation” to Huntington Beach officials last month, alerting them the proposed ordinance would likely violate state housing and permitting laws.
Gates, the city’s attorney, submitted the final version of the proposed ordinance, along with a legal memorandum, last week for the Planning Commission to review at its meeting this week, prompting another letter from HCD officials, along with Bonta’s letter, reiterating the agency’s position after reviewing the proposed language of the ordinance.
Both letters warn the city that adopting the proposed ordinance and restricting housing production under the builder’s remedy provision would violate the law.
“We’re not looking for a fight with the state,” but will protect the city’s local control, McKeon said.
Mayor Strickland emphasized the city, while it challenges the 13,000 home mandate, is still working on its housing plan and has 60 to 90 more days to finalize it.
But state approval of a city’s housing element doesn’t invalidate any builder’s remedy applications received during the window when a city is out of compliance. Huntington Beach officials said the city has not received any applications.
“Sacramento wants to urbanize Huntington Beach, and we’re going to fight it,” Strickland said, drawing cheers Tuesday from about a dozen residents dressed in patriotic-colored clothing. “That’s what our residents want us to do. We are not going to allow the governor to do to Huntington Beach what he did to San Francisco. We’re doing what the state is asking us to do, but we’re unleashing the city attorney to sue.”
The question over local vs. state control might require court intervention, Gates said. “We believe there is a question as to whether the state can make these demands.”
Gates said Huntington Beach is one of 121 charter cities and, as part of the California Constitution, he argued that “supersedes state law.”
Laura Sire, a 60-year resident of Huntington Beach, said she isn’t so sure the housing mandates would ruin the city’s character.
“The character of Huntington Beach has gone through many changes through the decades,” she said. “It’s no longer a sleepy coastal town.”
She called the council’s efforts at blocking the state requirements “unrealistic.”
“We have too many people that can’t afford to live, rent or buy here,” she said. “They talk about fighting for us; they’re fighting for the elite.”
Across the plaza from Sire was Russell Neal, wearing a patriotic top hat. The 18-year resident said he was there to “support the new council majority.”
“What they’re doing is fulfilling their promise (during the campaign season), which was ‘stand up against overreach on housing and zoning policies,’” he said.
“The state is saying we need more housing, but they’re not considering the impacts from traffic and other issues,” he said. “You need to take all elements into consideration when you do municipal planning.”
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