Huntington Beach, Calif., is looking to contest a provision of state law known as “builder’s remedy” that would allow developers to bypass local zoning laws on some projects.
The provision is part of the state’s 1982-passed Housing Accountability Act and kicks in if a city fails to have a state-mandated affordable housing plan.
Huntington Beach’s plan—known as a Housing Element—is still not approved, after missing deadlines in both 2021 and 2022.
As a consequence, under state law, the builder’s remedy provision kicked in for the city in October of 2022 and now allows developers to ignore local zoning laws if their projects include 20 percent low-income or all moderate-income units.
Mayor Tony Strickland and Councilman Casey McKeon held a press conference with the city’s attorney Feb. 14 saying the city intends to abide by the state’s rule regarding having a housing plan and expects to have a compliant version soon.
But, they said, passing an ordinance negating builder’s remedy would ensure protection against any unwanted developments in the meantime.
“This is a reckless blank check for developers, that if allowed to occur—beyond the reach of local zoning controls—will create permanent potentially disastrous effects for the city,” McKeon said to a few dozen residents and members of the media during the press conference.
The city’s planning commission voted in favor of the ordinance also Feb. 14, leaving approval of it up to the full city council, which will take up the issue at its next meeting Feb. 21.
During the press conference, McKeon said the state’s mandated requirement for the city to zone for 13,368 units of new housing would urbanize Huntington Beach and eliminate the suburban coastal community that defines the city.
“We’re not going to sit idly by and allow builder’s remedy projects to come to the city,” McKeon said at the press conference. “This ordinance just makes that clear, as a message to the development community and our planning staff, that we will not accept any builder’s remedy projects.”
Some members of the council say with the city already 95 percent built out, more housing would cause problems.
“I think it’s pretty clear that Sacramento wants to urbanize Huntington Beach. [Residents] don’t want this to be an urban community. They like the suburban coastal community that it is today,” Strickland said.
The state’s Attorney General Rob Bonta threatened suit against Huntington Beach, in a Feb. 13 news release, if they pass the ordinance.
“The city of Huntington Beach’s proposed ordinance attempts to unlawfully exempt the city from state law that creates sorely needed additional housing for low- and moderate-income Californians,” Bonta said. “I urge cities to take seriously their obligations under state housing laws. If you don’t, we will hold you accountable.”
Councilman Dan Kalmick already went on record in December—when the council began discussing challenging builder’s remedy—that he would vote against the ordinance.
“I don’t see a lot of these projects being built that people are worried about. It’s a big bogeyman for a lot of people who are scared about something I don’t see coming to fruition, or that it will immediately,” Kalmick told City News Service Feb. 13.
Patti Pappas, a Huntington Beach resident for 43 years, told The Epoch Times she supports the ordinance.
“We want the city to remain the way that it is and not be another Santa Monica,” she said.
Cathey Ryder, a resident since 1985, told The Epoch Times the city needs to allow more development, specifically workforce housing, so that those who are employed in the city can afford to live there too.
“Most of the apartment complexes in our city require a $75,000 minimum annual income,” she said. “If you’re working for the city, and you make $5000 to $6,000 a month, do that math. ... That won’t qualify you to even rent a piece of property, let alone buy something in our city.”
She said although she supports more development that would allow for more affordable housing units, she said she is against builder’s remedy.
