Judge rules Newport Beach did not have to put housing element compliance to a vote
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Newport Beach did not violate its own charter last year, when it adopted a housing plan calling for the rezoning of numerous areas to accommodate high-density residential uses without putting the changes before voters, a judge ruled this week.
Orange County Superior Court Judge Melissa R. McCormick on Wednesday determined Newport Beach officials acted within the parameters of local laws in July 2024, when they approved a series of general plan and zoning code amendments needed to implement the city’s housing element.
Two lawsuits — one filed in August by the nonprofit Still Protecting Our Newport and a second one month later from the Newport Beach Stewardship Assn. — sought to overturn the city’s actions and put them to a vote of the people. McCormick applied her determination to both cases.
Plaintiffs separately cited Section 423 of the city charter, which states voter approval is required for any amendments to the Newport Beach General Plan, and indicated city officials promised a vote but later reneged.
“The city made numerous statements recognizing that a Section 423 vote was required to amend other portions of the general plan to align with the housing element,” SPON’s Aug. 8 legal complaint reads.
“[But] despite these numerous promises and representations to local residents, the city council abruptly reversed course and declined to submit the proposed amendments to the city’s general plan to the local residents for a vote.”
Still Protecting Our Newport says voters should have had a say on development matters. City officials say potentially allowing the updates to fail at the polls would violate state housing laws.
City officials maintained the same section of the charter indicates the voter mandate would not apply if state or federal laws were to conflict with, and therefore preclude, local law.
Judge McCormick agreed, stating Section 423 conflicted with a state law requiring Newport Beach officials to adopt and implement a housing plan to comply with a mandate to accommodate, through rezoning, 4,845 residential units inside city limits.
“Section 423 contradicted and was inimical to the implementation requirements of the housing element law. [That] statute provides the city no discretion whether to comply,” she wrote, adding that it’s not up to the discretion of local voters to decide whether a city should follow state law.
Newport Beach City Atty. Aaron Harp said city officials analyzed the local charter and determined state housing mandates precluded an election so went ahead with implementing the necessary general plan amendments.
“We’re very happy with the decision,” Harp said Thursday of the ruling. “We’ll now be moving forward with considering housing projects — we actually have one [the Irvine Co.’s Newport Center project] going forward on Tuesday.”
The changes approved by Newport Beach City Council streamlines the approval of the Irvine Company’s future projects in the Newport Center area and extends their rights to develop it through 2042.
In a city statement issued Thursday, Mayor Joe Stapleton reflected on the win.
“In what has been a difficult set of policy decisions in light of state mandates, we have stood on firm legal grounds. The decision yesterday affirms that,” he said. “We move forward today and everyday doing what is right for our residents.”
SPON President Charles Klobe said Friday members were meeting that day to consider their options, including whether to appeal McCormick’s ruling. In a statement provided to the Pilot, members called it a “sad week for Newport Beach residents.”
“We are profoundly disappointed in the ruling, but it was not unexpected,” it read, decrying that the city’s rezoning plan would impact a total of 8,174 parcels, a number far greater than the state mandate.
“SPON has been fighting to keep Newport Newport for over 50 years. We will continue to pursue justice for the residents and businesses of Newport Beach.”
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