- “Huntington Beach needs to end this pathetic NIMBY behavior.” – Governor Gavin Newsom
By Vanguard Staff
OAKLAND — California Attorney General Rob Bonta and Governor Gavin Newsom announced that the state has secured a major legal victory requiring the City of Huntington Beach to adopt a compliant housing element within 120 days and sharply limiting the city’s land use authority until it does so, marking one of the most forceful judicial interventions yet against a city resisting California’s housing mandates.
The ruling, issued by the San Diego Superior Court, ends a prolonged legal standoff between state officials and Huntington Beach, which has refused for more than four years to adopt a state-compliant housing element. The deadline was October 15, 2021. The court’s order places immediate and direct restrictions on the city’s planning and zoning powers and compels accelerated approval of builder’s remedy and other qualifying projects.
The litigation began on March 9, 2023, when Bonta, Newsom, and California Department of Housing and Community Development Director Gustavo Velasquez filed suit after the city continued to defy state housing element law. The state sought a court order establishing a 120-day compliance deadline and suspending land use authorities until Huntington Beach adopted a substantially compliant housing element.
In May 2024, the San Diego Superior Court found that the city violated California’s Housing Element Law. The court recognized that Huntington Beach’s housing element was inadequate and that the city was required to bring it into substantial compliance. However, the court did not include all the remedies sought by the state. The state petitioned the California Fourth District Court of Appeal, which directed the lower court to impose the requested relief. Huntington Beach then petitioned the California Supreme Court for review, seeking reversal of the appellate court.
Last week, the Supreme Court denied the city’s petition. With that, the appellate decision became final and the case returned to the trial court. The order now implements the state’s requested remedies, including strict compliance deadlines and extensive restrictions on land use authority until compliance is achieved.
“After extensive proceedings in the courts, Governor Newsom, HCD Director Velasquez, and I have secured the relief that we sought all along. The City of Huntington Beach has now been ordered to adopt a compliant housing element within 120 days,” said Attorney General Rob Bonta. “Huntington Beach is not above the law. Its leaders must comply with all our laws, including our state’s housing laws. We remain fully committed to ensuring that Huntington Beach does its part to address our state’s housing crisis. It has been squandering public money for far too long trying to shirk that responsibility.”
“Huntington Beach needs to end this pathetic NIMBY behavior,” said Governor Gavin Newsom. “They are failing their own citizens by wasting time and money that could be used to create much-needed housing. No more excuses, you lost once again — it’s time to get building.”
“This decision once again reaffirms that no one is above the law, and Huntington Beach can no longer refuse to do its part to address California’s crisis of housing affordability and homelessness,” said HCD Director Gustavo Velasquez. “Charter cities are not exempt from state housing law, and the few bad actors who believe so need to stop looking for a way to avoid their responsibilities.”
The court order is sweeping. It mandates that Huntington Beach adopt a sixth-cycle housing element revision that substantially complies with state law, subject to 45-day HCD review and subsequent review after adoption. It then requires the city to adopt all associated zoning code amendments within 120 days of the housing element actions, ensuring zoning consistency.
Until the city complies, the order suspends certain local land use powers and mandates approval timelines for qualifying projects, including builder’s remedy projects. The court specifically prohibits the city from enforcing its planning and zoning laws to deny or reduce density on sites identified in its regional housing needs allocation analysis. It also suspends the city’s authority to issue zoning changes, grant variances, or approve subdivision maps on identified RHNA sites, except where required for compliance.
The order further requires expedited approval of builder’s remedy applications: approval within 60 days for projects with 150 units or fewer and 90 days for projects with more than 150 units. Failure to meet those deadlines results in automatic approval. The decision also mandates fast-track approval of projects that would have qualified for by-right treatment under the city’s own draft housing element.
The ruling makes clear that Huntington Beach’s noncompliance can trigger additional escalating penalties under state law, including potential receivership, if the city remains out of compliance for more than a year. The court cites authority under Government Code Section 65585(l) for these penalty provisions.
The 120-day timeframe and detailed remedial provisions are set forth in the San Diego Superior Court’s December 19, 2025 “Order Granting Petitioners’ First Amended Petition for Writ of Mandate,” signed by Judge Katherine A. Bacal. The order vacates the prior June 20 ruling only to the extent needed to impose the new remedies, grants the petition for writ of mandate, and issues the directives compelling compliance and restricting land use powers.
The order notes that CEQA does not apply to actions necessary for compliance and requires the city to file a return demonstrating compliance once actions are completed. The return must show that the adopted housing element meets statutory requirements and that zoning codes are consistent.
The legal battle over Huntington Beach’s housing obligations has played out in both state and federal courts. In response to the state lawsuit, Huntington Beach filed a federal constitutional challenge to California housing laws. The U.S. District Court dismissed the case. The Ninth Circuit affirmed dismissal unanimously. The Ninth Circuit later denied rehearing en banc. The city has asked the U.S. Supreme Court to review those rulings, and that petition remains pending.
The decision reflects the state’s aggressive enforcement stance against jurisdictions that attempt to evade housing element law. Huntington Beach has become the most prominent example of a city resisting housing mandates, and the ruling signals that continued resistance carries significant legal consequences.
With the 120-day requirement now in effect, Huntington Beach faces immediate pressure to adopt a compliant housing element or risk further sanctions. The order’s restrictions on local control, mandated approval timelines, and threat of escalating penalties leave little room for continued delay.
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