OAKLAND, Calif. — California Attorney General Rob Bonta and Governor Gavin Newsom celebrated a court ruling Thursday that clears the way for the city of Newport Beach to implement its housing element without a public vote, rejecting a legal challenge based on a local charter provision.
The decision affirms the city’s interpretation that it can amend its land use and zoning policies to comply with state housing mandates without requiring voter approval, even if the city charter appears to say otherwise.
Last month, Bonta and the Newsom administration filed a joint amicus brief in support of Newport Beach after opponents sued the city for moving forward with its state-required housing plan.
“As California continues to deal with a housing crisis of epic proportions, Newport Beach has said yes to more homes,” said Bonta. “Today, I celebrate a court decision that clears the way for Newport Beach to continue its work.”
Governor Newsom also praised the ruling, stating, “Every community must do their part to build housing and address homelessness. We will continue to support Newport Beach’s efforts to follow the law.”
California Department of Housing and Community Development Director Gustavo Velasquez added that HCD is committed to enforcing state housing law while backing jurisdictions that are taking steps to meet their obligations.
The lawsuit challenged Newport Beach’s use of overlay zoning districts to allow residential development in six areas of the city, arguing the changes required voter approval under the city’s charter.
The court sided with the city, agreeing with the state that charter provisions cannot obstruct compliance with mandatory state housing laws.
State officials described the housing element as a key tool to ensure housing availability for all income levels and to redress patterns of exclusion and disinvestment, such as those created by redlining.
Under California law, cities and counties must regularly update their housing elements and adopt necessary zoning amendments to meet regional and statewide housing goals.
How does this decision relate to Measure J?
I don’t have the answer to that, but I found it very interesting.