(The Center Square) – California is suing five cities that the state says failed to comply with the Housing Element Law.
The cities are Calexico, Costa Mesa, Half Moon Bay, Ridgecrest and Turlock.
Enacted in 1969, California’s Housing Element Law requires every city and county to adequately plan to meet the housing needs of all residents. Instead of forcing local governments to build houses directly, the state law requires governments to update zoning and land-use policies so the private market can build enough housing to meet demand.
“I've said before, and I'll say it again, we are in a state of emergency in California when it comes to housing production,” state Attorney General Rob Bonta said Thursday at a press conference in San Francisco. “We need to build more housing immediately, and no single local jurisdiction, no city, no county is responsible for building all of the housing that we need in California. But every city, every county is responsible for building some of the housing that we need.”
The actions taken by Bonta are part of a coordinated effort by Gov. Gavin Newsom and the state Department of Housing and Community Development.
Ninety-five percent of California’s 540 jurisdictions are in compliance, said Bonta, who called the five cities “outliers” and “scofflaws.”
HCD Director Gustavo Velasquez was at the press conference with the Democratic attorney general.
"This isn't about making them build. It’s about planning” and ensuring that land is available to plan for the “adequate amount of housing” that residents and workers need, Velasquez said.
"When local jurisdictions aren't willing to step up, the consequences of our housing and homelessness crisis don't end at city lines," Velasquez told reporters. "They ripple across every region in our state."
Bonta said the five cities were provided multiple opportunities to comply before enforcement. For example, HCD issued notices of violation and written findings and allowed each jurisdiction 30 days to submit a written response. Two meetings were also offered to discuss the violations and potential solutions.
Bonta added that four other cities - Atwater, Grand Terrace, Oakdale and Escalon – have come into compliance after being reached by state officials and agencies.
“They will come into compliance in August, and I just want to point that out because if you are committed to coming into compliance, you can come into compliance,” said Bonta. “If you are dedicated, if you work with us, and Atwater, Grand Terrace, Oakdale, and Escalon have taken a different path, the appropriate path that the five cities we are suing today elected not to take by not coming into compliance at this time with housing laws.”
Newsom was not at Thursday’s press conference. However, the Democratic governor issued a press release saying that Calexico, Costa Mesa, Half Moon Bay, Ridgecrest and Turlock “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,” said Newsom. “Housing law applies statewide, and no city gets a pass.”
The five cities are spread out across California. Calexico and Costa Mesa are in southern portions of the state. Half Moon Bay is near San Francisco. Ridgecrest is about 150 miles northeast of Los Angeles. Turlock is in the state's Central Valley.
There was another development Thursday as Bonta and California Energy Commission Chair David Hochschild sent a Notice of Intent to Sue targeting “an unlawful agreement between the U.S. Department of Interior (DOI) and Invenergy.” The attorney general’s office said the agreement would “thwart California’s offshore wind energy development.”
