\u201cThese five jurisdictions had every chance to follow the law and plan for their fair share of housing. They chose not to, so now they\u2019ll answer for it in court. Housing law applies statewide, and no city gets a pass.\u201d<\/p>\n
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Gov. Gavin Newsom, back, with Orange County officials and city leaders from Costa Mesa and Newport Beach celebrate the opening of a housing project on Newport Boulevard in 2024. Newsom\u2019s office announced Tuesday it has sued Costa Mesa for not complying with state housing laws.<\/p>\n
(Courtesy of John Stephens)<\/p>\n
Such legal action stems from the fact that Costa Mesa has failed to adopt a revised housing element within the city\u2019s general plan that would accommodate, through zoning, the addition of 11,760 residential units by the end of a sixth housing cycle that runs from 2021 to 2029.<\/p>\n
Filed in Orange County Superior Court, the state\u2019s lawsuit<\/a> seeks a judicial order that would compel Costa Mesa to adopt a compliant housing element and complete any required rezoning within 120 days.<\/p>\n \u201cThe city\u2019s failure to act is arbitrary, capricious, entirely lacking in evidentiary support, contrary to established public policy, unlawful, procedurally unfair, an abuse of discretion and a failure to act as required by law,\u201d the complaint reads.<\/p>\n Although Costa Mesa submitted a draft document to the Department of Housing and Community Development (HCD) in March 2023 that was deemed compliant, implementing its provisions has been a long and arduous process.<\/p>\n Officials campaigned for Measure K in 2022, an initiative that allowed for the rezoning of certain commercial and industrial parcels for residential uses \u2014 effectively overriding an earlier citizen-backed initiative that would have subjected such a process to a citywide vote.<\/p>\n The narrowly passed measure opened the doors for a revisioning of housing opportunity zones, but actually amending the city\u2019s zoning code has taken several more years to complete.<\/p>\n Staff are now introducing the sweeping changes to the public in a campaign called \u201cNeighborhoods Where We All Belong\u201d and conducting hearings at the planning commission level before seeking adoption by the City Council.<\/p>\n Stephens said city officials have been working directly with HCD staff throughout the process to hash out a timeline for compliance, submitting the proposed zoning updates in an effort of good faith.<\/p>\n \u201cAs we speak,d we\u2019re waiting for HCD to comment on those. We\u2019re not refusing to comply with housing element laws, we\u2019re moving forward,\u201d he said.<\/p>\n The mayor further pointed out the city\u2019s efforts to open Mesa Vista, a conversion of an old Motel 6 on Newport Boulevard into 86 units of permanent supportive housing for at-risk seniors and veterans, as well as a second location, Avon River Apartments, on Bristol Street.<\/p>\n Since 2019, Costa Mesa\u2019s bridge shelter has taken in unhoused residents, finding permanent homes for 513 people and reducing the city\u2019s homeless count by around two-thirds.<\/p>\n \u201cI have no idea why we would be named in a lawsuit under these circumstances,\u201d Stephens said.<\/p>\n A statement offered in Thursday\u2019s release by California Atty. Gen. Rob Bonta did not offer Costa Mesa much in the way of condolence.<\/p>\n \u201cCalifornia\u2019s housing crisis demands actions, not excuses,\u201d he said. \u201cJurisdictions that remain out of compliance with our Housing Element law are standing in the way of homes Californians need. We are well past the halfway point of the current housing planning cycle, and timely compliance is not optional.\u201d<\/p>\n Thursday\u2019s announcement follows previous legal action<\/a> taken by the state against the city of Huntington Beach, which refused to comply with housing mandates and in May was ordered by a judge to pay $160,000 in penalties, with fines escalating to $50,000 per month until compliance was reached.<\/p>\n