BY NOAH BIESIADA AND HOSAM ELATTAR
May 15, 2024 Updated May 16, 2024
Huntington Beach violated the state’s housing laws by refusing to move forward with a state-mandated housing plan, according to a new ruling from a San Diego Superior Court judge issued on Wednesday evening.
It’s the first definitive ruling after over a year of litigation – in which city officials said the state’s housing mandates don’t apply because they’re a charter city.
For the first time, unless I have missed something, a court in California has ruled that there’s no demonstrable connection between increased density and housing affordability.
If the appellate courts agree, it could be a profound defeat for the free-market Yimby agenda, which holds that any new housing, anywhere, will eventually bring down prices.
“On April 22, 2024, at 11:00 AM, the Honorable Curtis A. Kin in Department 86 of the Los Angeles Superior Court issued a ruling granting a Petition for Writ of Mandate challenging the constitutionality of Senate Bill 9, as applied to charter cities. Senate Bill 9 requires all California cities to ministerially approve an application for a lot split, and up to four total housing units, on a single family residential lot that meets certain specified criteria.”
The town is the first to have its housing element decertified by the state, which means it loses out on key state infrastructure funds. Wealthy Portola Valley earlier this year became one of the first towns in San Mateo County to receive state approval for its plan to build more housing.
Department says that plan isn’t worth anything if the city isn’t following through on it — and, as it turns out, Portola Valley isn’t.
Huntington Beach is likely to lose its state housing lawsuit for its refusal to plan for more housing and must approve new housing projects that come before it, a San Diego Superior Court judge ruled Thursday, March 21.
The judge suspended some of Huntington Beach’s development authority in a ruling that prevents the city from rejecting housing developments that meet state density requirements.
Livermore city staff acted unconstitutionally when they refused to process referendum petitions for a vote of the people. This is another major court decision against the City of Livermore. Winning and losing in court is an occasional occurrence for most cities. Comparatively, this may be the most serious illegal activity the City of Livermore has ever accomplished.
A weekly Zoom call to talk about housing legislation and strategies to preserve local control. Bring your questions and ideas. Informal networking, announcements, and updates. PLEASE NOTE: You have to register in advance the first time to get the new Zoom link. After registering, you will receive a confirmation email containing information about joining the meeting. The Zoom link will work for the rest of the year. REGISTER
A weekly Zoom call to talk about housing legislation and strategies to preserve local control. Bring your questions and ideas. Informal networking, announcements, and updates. PLEASE NOTE: You have to register in advance the first time to get the new Zoom link. After registering, you will receive a confirmation email containing information about joining the meeting. The Zoom link will work for the rest of the year. REGISTER
A weekly Zoom call to talk about housing legislation and strategies to preserve local control. Bring your questions and ideas. Informal networking, announcements, and updates. PLEASE NOTE: You have to register in advance the first time to get the new Zoom link. After registering, you will receive a confirmation email containing information about joining the meeting. The Zoom link will work for the rest of the year. REGISTER
The Great Housing Challenge: WHAT MATTERS TO CONSTITUENTS? A 4-part Town Hall Series on Zoom (August-November) Thursday nights, 5:00-6:30 pm Part 1: Safety Matters! State-imposed density increases fire risk which increases insurance costs. How one Sonoma community is fighting back. You can, too. Presenters: Amy Kalish, president, Citizen Marin, and (invited) Carolyn Scott, filmmaker “Small is Beautiful: The Quest to Save Valley of the Moon (Sonoma)” The California Dream is collapsing into a California Nightmare! Legislators have passed 150 laws since 2017, without increasing the supply of affordable housing. Evidence shows conditions are getting worse. What matters? Affordable housing, of course. And also safety, taxes, elections, and the constitution. SIGN UP FOR THE SERIES TODAY Register Sign up once and re-use your Zoom link throughout the series.
A weekly Zoom call to talk about housing legislation and strategies to preserve local control. Bring your questions and ideas. Informal networking, announcements, and updates. PLEASE NOTE: You have to register in advance the first time to get the new Zoom link. After registering, you will receive a confirmation email containing information about joining the meeting. The Zoom link will work for the rest of the year. REGISTER