In a notable turn of events, the ongoing tussle surrounding Newport Beach's compliance with California's Housing Element Law has reached a decisive moment. A trial court has ruled in favor of Newport Beach over opponents challenging the city's efforts to meet state-mandated housing obligations. This judgment has been welcomed by Attorney General Rob Bonta and Governor Gavin Newsom, whose administrations had backed the coastal city in a joint amicus brief. "As California continues to deal with a housing crisis of epic proportions, Newport Beach has said yes to more homes and is endeavoring to build its fair share of housing under California law," Bonta stated, with a tone of commendation for the city's resolve in the face of legal disputes.
Governor Newsom echoed the sentiment, reinforcing the imperative for every community in the state to partake in the effort to create more housing and combat homelessness. Newport Beach has now set a precedent indicating the primacy of state law over local charter provisions that would otherwise require voter approval prior to zoning changes. The state's Department of Housing and Community Development (HCD) has been forefront in championing the city's actions, with HCD Director Gustavo Velasquez noting the importance of a strong partnership with the Attorney General's office to ensure Californians have "the ability to be full participants in the life of their community."
Housing elements are essential components of city planning, designed to offer housing across all income brackets and to address the lingering shadows of historical marginalization. Updates to these elements are mandated by state law to reflect regional and statewide housing needs. The dispute arose due to a Newport Beach charter provision that seemed to suggest voter approval was necessary before any rezoning efforts to advance housing could take effect. However, the court supported a different interpretation, aligning with the justification provided by Bonta and Newsom's administrations that mandatory obligations under state Housing Element Law cannot be hindered by local vote requirements.
As a part of the process to fulfill its housing element programs, Newport Beach enhanced its land use element and zoning code to allow for more residential development utilizing new overlay zoning districts in various focus areas within the city. Opponents who had sued the city argued that these changes required voter validation before being enacted, irrespective of state Housing Element Law directives. The court ruled otherwise, highlighting that local voter approval measures must not interfere with state-mandated housing objectives, thereby supporting the stance conveyed by the Attorney General and the Newsom Administration. This ruling moves Newport Beach closer to achieving its goal of providing more homes to meet the pressing housing needs of Californians.
