Newsom Administration and Attorney General Bonta Celebrate Newport Beach Win Allowing the City to Comply with State Housing Law

Oakland, CA

Governor Gavin Newsom, California Attorney General Rob Bonta, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez today issued a statement after a trial court sided with Newport Beach and determined that the City's actions to implement its housing element without voter approval are valid, despite a charter provision seeming to require a vote. Last month, Attorney General Bonta and the Newsom Administration filed a joint amicus brief in support of the City of Newport Beach’s efforts to comply with state housing laws after opponents sued the City for taking steps to implement its housing plan, including rezoning, as required under the state’s Housing Element Law.

“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 and create more housing opportunities for its residents,” said Governor Gavin Newsom.  

“As California continues to deal with a housing crisis of epic proportions, Newport Beach has said yes to more homes and is endeavoring to build its fair share of housing under California law,” said Attorney General Rob Bonta. “Today, I celebrate a court decision that clears the way for Newport Beach to continue its work. Cities statewide are obligated to plan for their fair share of housing; my office will continue to hold accountable those who refuse and stick up for localities who are trying to do the right thing.”

“HCD is committed to holding jurisdictions accountable to state housing law, and we are proud to stand behind those communities—like Newport Beach—that are putting in the work to see sufficient housing built for all income levels,” said HCD Director Gustavo Velasquez. “Californians need the ability to be full participants in the life of their community—living, learning, and working in a place they can call home. We are grateful for our strong partnership with the Attorney General to make that a reality.”

Background

The housing element is a crucial planning tool to accommodate housing for all Californians across all household income levels, and to redress historical redlining and disinvestment. Under state law, every city and county in California must periodically update its housing element to meet its share of the regional and statewide housing needs. State law also requires certain housing element programs to be completed by specific deadlines, including any zoning code amendments necessary to accommodate the city or county's share of the regional housing need for each income level. 

To effectuate its housing element programs, Newport Beach amended its land use element and zoning code to allow residential development in more areas of the City using new overlay zoning districts in six focus areas. Opponents sued the City arguing that, regardless of state Housing Element Law, these changes must be approved by voters before they are effective because of a provision in the City’s charter. The Court disagreed and adopted Attorney General Bonta and the Newsom Administration’s position that the City properly interpreted its own charter provision, and that voter approval measures cannot be construed in a way that obstructs mandatory obligations under state Housing Element Law.