News Summary
Huntington Beach, California is challenged by legal hurdles as it resists a state-approved housing development plan. The U.S. Court of Appeals has denied the city’s rehearing request, further complicating its efforts against state mandates. With the possibility of U.S. Supreme Court involvement, city officials explore options while California’s Attorney General condemns the city’s actions as wasteful. Amid this turmoil, a new mixed-use development proposal aims to enhance local housing, yet concerns over environmental safety linger as the city navigates complex legal and developmental obstacles.
Huntington Beach, California, is facing significant legal challenges as it resists the implementation of a state-approved housing development plan, which has left the city with limited options to remediate the situation. The U.S. Court of Appeals for the Ninth Circuit has recently denied Huntington Beach’s request for a rehearing in a federal lawsuit that contests the state’s authority to mandate an official housing plan. This lawsuit, initiated by the city in early 2023, has encountered various setbacks, leaving the local government in a precarious position.
A three-judge panel from the appellate court made a unanimous decision to reject the city’s complaint in late October 2023, following an earlier dismissal by a District Court judge in November 2023. The appellate court’s ruling is a significant blow to Huntington Beach, which attempted to convince the court to hear the case as an en banc review—a process that would have involved a larger group of judges from the circuit. The city’s leadership is now considering the possibility of petitioning the U.S. Supreme Court to pursue further legal action.
In addition to its struggles in federal court, Huntington Beach has also faced challenges in state court. In May 2023, San Diego Superior Court Judge Katherine Bacal ruled that the city must develop a new housing plan, emphasizing the urgency for compliance with state housing laws. California’s Attorney General Rob Bonta has expressed disappointment with the city’s legal maneuvers, arguing that the ongoing lawsuit represents a misuse of public funds and a baseless attempt to evade the established housing regulations.
Meanwhile, Governor Gavin Newsom has criticized city leaders for their failure to address pressing housing needs, urging them to focus on their responsibilities rather than engage in what he referred to as frivolous lawsuits. California cities have been required to formulate housing plans as part of their general plans since 1969, and many wealthier municipalities have historically been non-compliant. However, the introduction of a provision called the Builder’s Remedy has allowed developers to bypass local zoning restrictions in cities that fail to meet housing requirements, resulting in a noticeable surge of project applications across the state.
Huntington Beach remains one of the few cities that have yet to comply with these state mandates, standing alongside other historically non-compliant cities like Beverly Hills and Santa Monica, which have successfully adopted state-approved housing plans. The city’s prior legal arguments posited that charter cities like Huntington Beach are not subject to state law, a claim that was rejected by the appellate panel.
City officials express their commitment to challenge state laws and the governor’s authority concerning housing developments. Michael Vigliotta, the city’s new attorney, has underscored this determination as Huntington Beach seeks to navigate its legal predicaments.
In related development news, California Resources Corp. (C.R.C.) has submitted an application to rezone a 92-acre site along the Pacific Coast Highway, with intentions to shift from industrial use to a mixed-use community plan. This proposed development includes up to 800 residential units, a hotel, and designated open space, with at least 10% of the residential units planned to be affordable housing. The project aims to diversify housing options and address local housing shortages.
For the rezoning application to be approved, it must receive the backing of the Huntington Beach Planning Commission and City Council, with additional changes requiring approval from the California Coastal Commission. C.R.C. intends to facilitate the redevelopment by removing existing oil and gas facilities from the site and restoring the area, although actual construction is not anticipated to commence for several years.
Public reactions to a recently approved environmental change for another controversial project near a former landfill have been mixed. The new development is slated to include affordable housing alongside a hotel, prompting concerns over the environmental safety of housing in proximity to potentially toxic sites. To alleviate these worries, stipulations for air and soil monitoring will be enforced throughout the project’s development phase.
As Huntington Beach navigates through these complex legal and developmental challenges, the outcome will play a pivotal role in shaping the city’s housing landscape amid increasing pressure from state authorities.
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Additional Resources
- Commercial Observer: Huntington Beach Housing Rejection
- Wikipedia: Huntington Beach, California
- OC Register: 800-Unit Housing Development Proposal
- Encyclopedia Britannica: California
- LA Times: Huntington Beach Oil Parcel Development
- Google Search: Huntington Beach housing development
- Courthouse News: Zoning Change Approval
