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Huntington Beach faces $50k monthly fine for ignoring state housing mandate
Huntington Beach must pay $50,000 for each month it continues to fail to comply with the state’s mandate to zone for more housing, according to a recent court ruling. For several years now, the city has been waging a court battle against the state's order to make way for 40,000 new homes.
The judge ruled that the city should be penalized $10,000 per month going back to January 2025, and then fined $50,000 per month, starting next month, until the city gets a compliant housing element approved.
The backstory
State law requires California cities and counties to plan for enough housing to meet the expected demand over an eight-year time period, including for low-income housing. Huntington Beach, citing its independence as a charter city, has fought its most recent housing allocation all the way up to the U.S. Supreme Court, which declined to review the case last year.
Does the state require cities to actually build that many homes?
No. Cities are not required to actually build housing, but rather to make sure their zoning and land use codes accommodate the amount of housing assigned to them through what’s known as the Regional Housing Needs Assessment (RHNA).
What does the city say?
In a statement, Casey McKeon, the city’s mayor, said the city “strongly opposes these penalties and will continue fighting for the rights of our residents and for the principle of local control against ongoing efforts by the Attorney General to centralize land use authority in Sacramento.”
Is Huntington Beach an outlier?
Yes. Huntington Beach is an outlier in its aggressive fight against the state housing mandates. More than 90% of California’s 539 jurisdictions are in compliance with the state requirement to plan for the amount of housing assigned to them through the latest RHNA cycle.
What’s next?
The city recently posted draft revisions to its housing plan — for the first time since 2021. That’s significant because the city’s efforts to come into state compliance have been paused for years.
One complication with compliance: Huntington Beach residents voted to require any major changes to the city’s zoning, including its state-mandated housing plan, to be put up for a public vote. That could mean more delays in coming into state compliance, and consequently, more fines, at a time when the city is facing a budget crunch.
How to weigh in Huntington Beach’s housing plan
You can find the city’s housing plan, including draft revisions, on the city’s website.
The public has until May 21 at 5 p.m. to comment on the revised plan by sending an email to housingelement@surfcity-hb.org.
How to attend Huntington Beach City Council meetings
- Huntington Beach holds City Council meetings on the first and third Tuesday of each month at 6 p.m. at City Hall, 2000 Main St.
- You can also watch City Council meetings remotely on HBTV via Channel 3 or online, or via the city’s website. (You can also find videos of previous council meetings there.)
- The public comment period happens toward the beginning of meetings.
- The city generally posts agendas for City Council meetings on the previous Friday. You can find the agenda on the city’s calendar or sign up there to have agendas sent to your inbox.
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