Despite Official Warnings, Huntington Beach Intends To Press On With Its Housing Campaign
In a contentious move that has caught the attention of both local and state officials, the city of Huntington Beach is gearing up for a legal battle over housing requirements. The city’s stance has ignited a race to the courthouse, with both the state of California and Huntington Beach preparing lawsuits against each other.
The City’s Legal Strategy
Michael Gates, the city attorney for Huntington Beach, announced at a news conference on Tuesday that his office was drafting a lawsuit against the state. This lawsuit challenges the state’s requirement of 13,368 units for the Regional Housing Needs Allocation. On a 4–3 vote, the City Council gave him permission to proceed on December 20. Gates indicated that the case would be made public in the coming weeks, adding fuel to the ongoing Huntington Beach affordable housing lawsuit debate.
The Council’s Perspective
Councilman Casey McKeon stated during the same press conference that the city was collaborating with the state Department of Housing and Community Development to reach the required minimum of units. McKeon, along with Mayor Tony Strickland and other newly elected conservatives on the City Council, campaigned for “unleashing” Gates to fight against what they consider excessive state housing requirements.
The Mayor’s Take
Mayor Tony Strickland declared that the city’s strategy involves two steps. “We are complying with the state’s minimum requirements, but we also consider Huntington Beach to be the victim here,” he said. Strickland, who has worked in both the state Assembly and the state Senate of California, believes that Sacramento wants to urbanize Huntington Beach. “Residents here appreciate the community’s current suburban and coastal setting, and we intend to preserve that,” he added.
Waiting for State Response
McKeon stated that the city would need to wait 60 to 90 days for the state to respond with information regarding the specifics of its housing strategy. The delay has made the city vulnerable to “builder’s remedy” applications, which bypass municipal zoning regulations. Despite warnings from state lawmakers that allowing these applications would violate California law, the Planning Commission recommended an ordinance to ban them.
The Charter City Argument
In April 2021, the former City Council decided against suing the state. However, Gates believes that Huntington Beach’s status as one of 121 charter cities in the state gives it special authority that outweighs state law. “We’re defending our right to local sovereignty,” McKeon remarked.
State’s Countermove
Meanwhile, the state seems to be gearing up to sue Huntington Beach. Deputy Attorney General David Pai, writing on behalf of Attorney General Rob Bonta, sent a letter notifying Gates that the proposed zoning text alteration violated the state’s Housing Accountability Act. “We will hold you accountable if you don’t comply,” Pai warned.
The Planning Commission’s Vote
On Tuesday, the Planning Commission voted 4 to 2 in favor of approving the “builder’s remedy” zoning text change, despite receiving a letter from the state attorney general the day before the vote. This has raised questions about whether Huntington Beach is safe to live given the potential for legal repercussions.
The Community’s Concerns
Oscar Rodriguez, a planning commissioner who grew up in Huntington Beach’s Oak View area, criticized the item’s vagueness and called it “a direct attack on affordable housing in the city.” He warned that such actions would only result in further lawsuits and tarnish the city’s reputation.
By taking a stand against state housing requirements, Huntington Beach is entering uncharted legal waters. The city’s actions could set a precedent for other municipalities grappling with similar issues, making this a case to watch closely in the coming months.
