The California Department of Justice took legal action Thursday against Half Moon Bay and other cities allegedly not in compliance with state housing law.
The state’s 2009 Housing Element Law requires every city and county to update its housing plan every eight years with how it will meet its share of regional and statewide housing needs.
According to the office of California Attorney General Rob Bonta, the state is currently in its sixth housing element update cycle. Local governments are required to plan for about 2.5 million additional homes statewide in what Bonta described as “the most ambitious housing planning effort in the state’s history.”
Several local governments were found to be out of compliance but came into compliance, Bonta’s office said, and more are expected to do so.
In March, 15 communities received notice that they were more than two years behind and had 60 days to take steps necessary to achieve compliance. Ten have done so.
However, five cities — Half Moon Bay, Calexico, Costa Mesa, Turlock and Ridgecrest — remain out of compliance and the state is suing them.
“California can’t solve the housing crisis while some cities sit on their hands and dare us to do something about it,” said Gov. Gavin Newsom in a release sent out by Bonta’s office Thursday. “These five jurisdictions had every chance to follow the law and plan for their fair share of housing. They chose not to, so now they’ll answer for it in court. Housing law applies statewide, and no city gets a pass.”
In the case filed against Half Moon Bay, the state alleges multiple instances of the city missing deadlines and turning in incomplete housing element updates. Initially due on Jan. 1, 2023, the filed complaint lists three times in as many years that the city turned in its draft and was told that multiple revisions needed to be made in order to reach compliance.
Finally in February of this year, the city was told the draft had met the statutory requirements. However, Half Moon Bay still needed to complete its required rezonings to be fully in compliance. In March, the city said it would submit its rezoning information and local coastal plan amendment by October.
The state decided to sue.
“The city’s 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,” reads the lawsuit.
An attorney for the city did not immediately respond to a request for comment.
