Huntington Beach’s long-running battle against the state’s housing mandate has hit another snag: the state Supreme Court on Wednesday, Dec. 10, denied the city’s appeal of a lower court order that required it to plan for more housing, including many affordable units.
In September, a state appeals court gave Huntington Beach 120 days to update its housing element and zone for at least 13,368 units this decade — the city doesn’t have to be the builder of those units, just create an atmosphere for their potential development. The court order allowed state regulators to impose restrictions on the city’s control over permitting and development until it complies with state housing laws.
The city has also appealed the lower court’s ruling to the U.S. Supreme Court.
“Rather than follow the law, the city has been squandering public money to avoid building its fair share of housing,” Attorney General Rob Bonta said in a statement Thursday. “We promised that we would hold Huntington Beach accountable, and we have successfully done so at every turn to date.”
The state high court’s Wednesday decision was the latest defeat for the city in its crusade against the state’s efforts to address the housing shortage and affordability crisis.
Bonta’s office first sued Huntington Beach in 2023 for violating state law by refusing to submit a compliant housing element, which maps out where and how new housing — including affordable housing — can be built. Huntington Beach was supposed to have housing plans in place by October 2021.
The city then filed a federal lawsuit against the state, alleging that, as a charter city, it is not required to abide by certain state laws. A lower court and a federal appeals court rejected that argument.
In a statement posted on social media, Huntington Beach said Wednesday’s decision was “not surprising” given that the California Supreme Court “rarely grants” reviews of cases that are still moving through the trial court.
The city again raised concern that pushing ahead with more housing construction would run afoul of the California Environmental Quality Act.
“The city sought review after the Court of Appeal’s interim decision declined to address the CEQA conflict, leaving the city in a no-win situation: facing penalties unless it adopts a housing element, even though CEQA prohibits adoption until environmental review is completed and lawful findings can be made,” Huntington Beach officials said in their statement. “Because the litigation continues, Wednesday’s denial simply means the Supreme Court is not considering review at this time. The city will continue to vigorously defend its environmental stewardship, its charter-city authority, and its right to fair and evenhanded enforcement of State housing laws in the Superior Court.”
The next hearing is planned for Jan. 16, and the state has sought civil penalties of $50,000 per month against the city for its years-long delay in adopting an updated housing plan.