The state is suing Costa Mesa and four other cities for failing to have a “compliant” plan for meeting their share of regional housing needs.
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California Attorney General Rob Bonta announced Thursday, July 16, that his office, with the California Department of Housing and Community Development, is pursuing enforcement actions against the cities as part of a broader effort to “achieve statewide compliance” with California’s housing element law by the end of the year.
The state law requires cities to update their housing plans every eight years to zone for additional homes and do their part to help solve the housing crisis. The current sixth housing element cycle, which lasts from 2021 to 2029, requires cities to collectively plan for 2.5 million more homes statewide.
The other jurisdictions being sued are Calexico, Half Moon Bay, Ridgecrest and Turlock.
“California’s housing crisis demands action, not excuses,” Bonta said in a statement. “Jurisdictions that remain out of compliance with our housing element law are standing in the way of the homes Californians need. We are well past the halfway point of the current housing planning cycle, and timely compliance is not optional.”
Governor Gavin Newsom said no city is exempt from state housing mandates. Huntington Beach city leaders have been unsuccessful in their attempts to convince California courts otherwise.
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“California can’t solve the housing crisis while some cities sit on their hands and dare us to do something about it,” Newsom said in a statement. “These five jurisdictions had every chance to follow the law and plan for their fair share of housing. They chose not to, so now they’ll answer for it in court.”
Costa Mesa submitted its housing element in 2022. A year later, the state informed then-City Manager Lori Ann Farrell Harrison that the plan was out of compliance with state law because the city had not “completed necessary rezones to make prior identified sites available.” The letter cited the Fairview Development Center and a group home as sites that should be part of the rezoning program.
Mayor John Stephens said the lawsuit was disappointing and unwarranted, noting that Costa Mesa has been a “model in terms of addressing homelessness and the housing issues” in the state.
The city submitted the required rezoning documents in April to state housing officials, Stephens said, and is still waiting for comments on those zoning ordinances. He added that he’s personally met with HCD representatives to talk about needing to expedite zoning programs.
“We have never refused to comply with the housing element law or anything regarding that,” Stephens said. “There’s absolutely no reason why a lawsuit is necessary.”
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This is a developing story, please check back for updates.