By Dianne Anderson

Bucking the system may cost more in the long run for Huntington Beach, which is now fighting for an ordinance against developing more affordable housing, and putting the city in line for potential fines or a lawsuit from the state.

So far, the city has received two letters, one from Attorney General Rob Bonta, and the other from the state Department of Housing and Community Development, both warning that the proposed ordinance to limit affordable housing under the Builder’s Remedy is against state housing law.

Councilmember Rhonda Bolton said the two separate arguments from the majority of the city council are whether the Regional Housing Needs Allocation (RHNA) Plan numbers requiring 13,368 new affordable housing products are correct. Also, if the state is legally able to tell the city to build a certain number of units.

The majority of the city council opposed those RHNA numbers.

If the city fails to comply with an updated Housing Element, a zoning scheme that sets aside parts of the city for various uses, including housing development, Attorney General Bonta’s letter says that the state can take it to court, which will direct the city to complete the zoning plan.

She said more draconian measures in the Housing Accountability Act could follow.

“The state can come in and take over a locality building department and finish the zoning maps, and handle the building permitting process of what’s required under the new zoning plan,” she said.

Bolton voted against the city’s challenge to the state, which she feels has become a sideshow while ignoring the moral obligation to the citizens. She said that housing is out of reach for public servants that can’t afford to live where they work.

“Talking about zoning and state laws, and whether the state laws are constitutional [is] the basis for this city attorney’s lawsuit that he’s planning. But everybody is glossing over the fact that we are talking about roofs over people’s heads,” she said.

She is also concerned that lawsuits and fines add up. The city attorney’s office is small, but the opportunity of cost is at play. She disagrees with the city attorney’s stance that the process is basically free since it’s handled in the office.

“If they’re spending all this time fighting the state about whether or how we’re going to build housing then they’re not working on other stuff they need to be working on,” she said.

If the city loses, it must pay legal fees. She said the city has lost cases filed by third parties before, amounting to millions of dollars.

Under the state’s HAA, third parties can also sue if the city is not in compliance with the Housing Element, such as the Kennedy Commission litigation that was awarded over $3.5 million in 2021 to cover their attorney’s fees for years of advocacy and fighting the city on the issue.

Former Mayor Shirley Dettloff, also a former planning commissioner, said prior city councils laid a foundation for excellent housing programs, and access to affordable housing always goes back to the certified Housing Element.

If the city had moved on its proposed Housing Element rather than fight it, she said it would likely have passed the state and be certified by now, and the Builder’s Remedy and HAA wouldn’t be an issue.

“If we go forward with this ordinance on the Builder’s Remedy then we’re going to face whatever actions the state wishes to take,” said Dettloff, who also co-wrote the city’s Human Dignity Statement, and works with Homeless United Huntington Beach.

Some cringe at affordable housing in their backyard, but she said the housing looks exactly the same.

“I can show you two projects, one project, people from our city council have lived in. You wouldn’t know that it was affordable,” she said. “One is behind City Hall, those are very expensive homes back there and this particular project looks just like them.”

Although Huntington Beach is wealthy, she said adjustments are needed for all residents. In some cases, teachers, nurses, police officers and moderate-income earners find themselves priced out of housing.

The Housing Element lays out how to proceed when a building project comes to town, including setbacks, specific rules and requirements that developers must follow. She said it’s a good set of rules to address housing needs, and puts the city in control of how to protect its citizens against poor planning.

Plus, it’s never a good idea to set the city up to lose potential state funding.

“You don’t want to get in a fight with the state. If you look at the projects you do in a city, many of them are state-funded. Many receive federal funds, you take a chance by attacking [them],” she said.

If the city goes forward with a new ordinance about the Builder’s Remedy and if there is a lawsuit over RHNA numbers, she said it’s hard to tell what will happen.

Even though the RHNA numbers seem high, the city has been warned.

“It was high, but they went to court I don’t know how many times before and didn’t win. Sometimes you just face reality and move on,” she said.

To see the AG Letter,  http://bit.ly/3k6OohT

To see the HCD’s letter,  http://bit.ly/41853lD