California Attorney General Rob Bonta, Governor Gavin Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez have expressed support for Newport Beach following a court ruling in favor of the city. The trial court decided that Newport Beach’s actions to implement its housing element without voter approval are valid, despite a charter provision suggesting otherwise. This decision follows legal action against the city by opponents who argued that changes required voter approval.
Attorney General Bonta stated, “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. 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.”
Governor Gavin Newsom added, “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.”
HCD Director Gustavo Velasquez emphasized HCD’s commitment: “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. 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.”
The background context involves California’s requirement for cities and counties to update their housing elements periodically. This planning tool aims at accommodating diverse income levels while addressing historical issues like redlining. State laws mandate specific deadlines for these updates and necessary zoning code amendments.
Newport Beach amended its land use element and zoning code through new overlay zoning districts across six focus areas as part of these requirements. Opponents sued on grounds that such changes needed voter approval due to a city charter provision; however, the court sided with Attorney General Bonta’s position that mandatory obligations under state Housing Element Law take precedence over local voter approval measures.
