Huntington Beach faces updated suit by Attorney General Bonta on housing

By RIA ROEBUCK JOSEPH THE CENTER SQUARE CONTRIBUTOR

(The Center Square) - “California is in the midst of a housing crisis, and time and time again, Huntington Beach has demonstrated they are part of the problem by defiantly refusing every opportunity to provide essential housing for its own residents,” said California Attorney General Rob Bonta.

The city of Huntington Beach is facing a lawsuit which aims to hold the city accountable for violating California’s Housing Element Law. The lawsuit, which was amended April 10, asserts that recent decisions taken by the City Council on the building of housing for low, moderate-, and very low-income residents jeopardizes critical affordable housing opportunities for Huntington Beach residents.

Huntington’s ban on the processing of SB 9 and Accessory Dwelling Unit (ADU) applications was originally challenged by Gov. Gavin Newsom, Mr. Bonta, and the California Department of Housing and Community Development in a March 8 lawsuit. This was amended on April 10 following the city’s April 4 meeting when the Huntington City Council failed to adopt a Housing Element.

of personal income).

• Debt Service as a Share of Tax Revenue.

• Public Employees Per 10,000 of Population (full-time equivalent).

• State Liability System Survey (tort litigation treatment, judicial impartiality, etc.).

• State Minimum Wage (federal floor is $7.25).

• Average Workers’ Compensation Costs (per $100 of payroll).

• Right-to-Work State? (option to join or support a union).

• Number of Tax Expenditure Limits.

At the bottom of the rankings is. New York, the worst state by ALEC’s metrics. Vermont is ranked 49th, Minnesota is 48th, and New Jersey is 47th. Illinois comes in at 46th, and California ranks as 45th.

The amendment adds a violation of the state’s Housing Element Law, and alleges that the Huntington Beach City Council’s recent April 4 vote not to approve a proposed Housing Element was intended to evade judicial review. It also strikes claims and allegations that are no longer relevant.

A statement released by Gov. Newsom’s office explained “State law requires local governments to include housing elements in their general plans. A housing element must include, among other things, an assessment of housing needs, an inventory of resources and constraints relevant to meeting those needs, and a program to implement the policies, goals, and objectives of the housing element. The housing element is a crucial tool for building housing for moderate-, low-, and very low-income Californians. Huntington Beach has been out of compliance on its housing element since October 15, 2021, and last week in a 4-3 vote the City Council once again refused to adopt a draft housing element prepared by the city’s own staff. As a result, the state is seeking injunctive relief and penalties against the city for their

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as Dodge has discontinued its successful Challenger and Daytona cars, and taxpayers are transferring $7,500 to wealthier Americans to buy expensive EVs [electric vehicles].”

Mr. Payne continued: “The Biden Administration is radically transforming auto/energy sectors in a comprehensive effort to eliminate fossil fuel use. The effort appears blind to the fact that China is championing global EV adoption because they are the Saudis of battery minerals.

The U.S. spent 50 years becoming energy independent and is now poised to become dependent on China for its energy sector production.”

The American Fuel & Petrochemical Manufacturers also raised concerns about being dependent on China for EVs.

“It’s unconscionable that the Administration would propose this knowing full well that China controls 80% of global battery production capacity,” Mr. Thompson said. “ ... and even with robust U.S. investment to fortify our own electric grid and grow our battery supply chains by a magnitude of 10, we will not come close to overtaking China’s dominant position and will be left more dependent and financially beholden to them as a result.”

Tim Carroll, EPA spokesperson, responded to the criticism

“These proposals do not mandate or ban specific technologies; they are performance-based standards for emissions, allowing each automaker to choose what set of emissions control technologies is best suited for their vehicle fleet to meet the standards,” Mr. Carroll said in an email to The Center Square. “EPA’s analysis indicates that one pathway the industry could take is to meet the standards by increasing the percentage of electric vehicles. The proposed standards are complementary with the direction the auto industry and consumers are already headed, given manufacturers’ public announcements of plans to transition their fleets to zero emission vehicles, which are supported by the historic financial incentives under the Bipartisan Infrastructure Law and Inflation Reduction Act.” ongoing failure to comply with state housing law.”

In 2021 Gov. Newsom moved to push local governments and hold them accountable to meet their housing targets, with a statewide goal of reaching 2.5 million new units by 2030 – 1 million of which must be affordable. To this end he introduced the Housing Accountability Unit. In concert with the governor, Mr. Bonta created a Housing Strike Force as part of the California Department of Justice’s new effort to advance housing access, affordability, and equity in California.

Mr. Bonta commented on the suit, saying “The City’s refusal last week to adopt a housing element in accordance with state law is just the latest in a string of willfully illegal actions by the city….We’ll use every legal tool available to hold the city accountable and enforce state housing laws.”

Cities that do not have a compliant housing element, under California’s Housing Accountability Act, allows project developers to submit housing projects with deed-restricted 20% low-income or 100% moderate-income without regard to local zoning and general plan standards under California’s Housing Accountability Act. This action has become known as the “Builder’s Remedy.”

Last fall Santa Monica fell prey to the Builder’s Remedy solution when it failed to pass a Housing Element, clearing the way for builders to submit plans without regard for zoning which the city was forced to approve. As a result, 16 new developments amounting to 4,250 new units are to be built in Santa Monica.

Mr. Bonta warned Huntington’s planning commission in February that attempts to circumvent the Builder’s Remedy would violate state law. The AG and HCD are monitoring the city’s actions on any Builder’s Remedy project applications submitted to the city, and stand ready to take legal action if necessary.

The most recent amendment exposes Huntington to the same fate as Santa Monica.

“Every city and county needs to do their part to bring down the high housing and rent costs that are impacting families across this state. California will continue taking every step necessary to ensure everyone is building their fair share of housing and not flouting state housing laws at the expense of the community,” Gov. Newsom said.

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