In a major legal victory for housing development across California, a trial court has upheld Newport Beach’s efforts to comply with state housing mandates without requiring prior voter approval. The ruling comes amid growing pressure on local governments to meet their housing obligations as California faces a worsening housing crisis.
California Attorney General Rob Bonta, Governor Gavin Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez praised the decision, calling it a critical step toward creating more housing opportunities and reinforcing state housing laws.
The case arose when opponents challenged Newport Beach’s housing element implementation, arguing that the city needed voter approval before making zoning changes. Despite a charter provision that appeared to support that view, the court ruled in favor of the City. The judge concluded that such voter requirements cannot override California’s Housing Element Law, which mandates timely updates to local housing plans and necessary zoning amendments.
Attorney General Rob Bonta celebrated the decision, stating, “Newport Beach has said yes to more homes and is fulfilling its obligation under California law. Today’s court ruling reaffirms that cities must meet their share of the housing burden, and my office will stand by those working to do the right thing.”
Governor Gavin Newsom echoed the sentiment, emphasizing that “every community must do their part to build housing and address homelessness. We support Newport Beach’s efforts to comply with the law and create more housing opportunities.”
HCD Director Gustavo Velasquez added that the Department remains committed to ensuring jurisdictions follow state housing law. “Newport Beach is doing the work, and we are proud to stand behind them. Californians need homes where they can live, learn, and thrive.”
The housing element is a crucial tool used by cities and counties across California to plan for housing that meets the needs of all income levels, while addressing historical inequalities such as redlining and disinvestment. Under state law, municipalities must periodically update their housing elements and rezone land where needed to meet assigned housing targets.
Newport Beach responded to these requirements by amending its land use and zoning codes to allow for residential development in six designated focus areas. This included the introduction of new overlay zoning districts designed to meet regional housing needs. The city’s plan was initially met with resistance from opponents who filed a lawsuit, claiming the city charter required voter approval. The court sided with Newport Beach, affirming that local charter provisions cannot be used to circumvent the obligations of state housing laws.
The ruling is seen as a significant win for the state’s broader efforts to tackle the housing shortage and push back against legal hurdles that hinder progress. It also sets a precedent for other cities facing similar opposition when attempting to meet state housing goals.
As California intensifies efforts to resolve its housing crisis, the collaboration between local governments, the Attorney General’s office, and HCD continues to play a vital role in ensuring communities comply with the law and build housing for residents of all income levels.