HUNTINGTON BEACH – A Los Angeles Superior Court judge struck down changes Huntington Beach officials made to a housing plan for Beach Boulevard and Edinger Avenue that left the city more than 400 units short of required low-income housing sites.
The Kennedy Commission, a nonprofit advocacy group for affordable housing, filed a lawsuit against the city in July. The group alleged that the City Council’s revisions to the Beach and Edinger Corridor Specific Plan – done after residents complained about high-density development – restricted affordable housing and violated state law.
Last week, Judge James Chalfant sided with the Irvine-based group, voiding the council’s changes and restoring the original development plan.
Chalfant’s order directed the city to “cease enforcing, administering or implementing” the changes to the plan. Chalfant found no fault with the city’s overall housing plan, but ruled that the changes undermine “the objective and policies of the general plan.”
Sarah Gregory, attorney for the Public Law Center, which represented the Kennedy Commission, said the ruling stops the city from being able to drag its heels as it mulls changes to its housing plan, and forces it to work with the state and community.
“The overarching message is you can’t just do it haphazardly or disregard the law because it’s politically convenient,” Gregory said.
Huntington Beach in recent months has been updating its housing plan to restore the lost low-income sites and comply with state law.
City attorney Michael Gates said his office is in the process of updating the City Council on its options, including whether to appeal the ruling and continue its current plan.
When the city adopted the Beach-Edinger plan in 2010, it included up to 783 units for low- and very-low-income housing. After changes in June, the number fell to 123 units. The state required 533.
Criticism of projects in the plan, such as an Elan Huntington Beach complex on Ellis Avenue and Beach, prompted the council to slash more than 2,000 housing units – about half – from the proposal.
Many residents complained about the size and aesthetics of the new complexes, as well as their impacts on traffic, parking and noise.
According to the housing advocates, the changes amounted to a de facto moratorium on affordable housing.
“Affordable housing is once again possible in Huntington Beach,” said Cesar Covarrubias, executive director of the Kennedy Commission.
