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State housing lawsuit against Huntington Beach put on pause

September 24, 2024

A San Diego Superior Court judge put a pause on the state’s lawsuit against Huntington Beach, in which it accused the city of violating housing laws by not planning for more units to get built.

Judge Katherine Bacal on Thursday, Sept. 19, issued a stay on the case following several appeals in both state and federal court related to the battle over housing requirements.

The pause will delay any enforcement action against the city for not adopting a compliant housing element, a policy document outlining where new housing can be built. A compliant housing element would see Huntington Beach allowing at least 13,368 housing units to be built this decade. However, private developers would have to want to build in the city to see those homes become a reality.

The pause also stops the clock for the year the city will have to get a new housing element in place, according to City Attorney Michael Gates.

Gates said there are no looming penalties or land-use restrictions for the city. He called it a “black eye” to the attorney general’s office, which had sought an order from the judge to require compliance within months.

“The state has gotten nothing out of this case,” Gates said.

The state filed the lawsuit in March 2023. Bacal ruled against Huntington Beach in the case in May, declaring that it had violated state law when officials refused to plan for more housing in the city. Bacal then ruled in July that the city would have a year to update its housing plans.

The court has canceled upcoming hearings for the case, with a status conference now set for March.

Huntington Beach voters this November will also decide if residents should have a stronger role in approving new housing plans. Measure U, if approved, would require voter approval each time to carry out zoning changes associated with a new housing element when there are “significant and unavoidable” environmental impacts.

Gov Gavin Newsom this month called out Huntington Beach as not doing enough when he signed several laws aimed at boosting housing production in the state and increasing penalties for cities that refuse.

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