An Orange County Superior Court judge has upheld the City of Newport Beach’s State-mandated housing plan, rejecting lawsuits filed by two community groups.
On Wednesday, June 18, Hon. Melissa R. McCormick ruled in favor of the City in legal cases filed by Still Protecting Our Newport (SPON) and the Newport Beach Stewardship Association (NBSA), which sought to overturn the City’s State-mandated housing plan.
The ruling upholds the City’s 2022 Housing Element update and the 2024 adoption of amendments to its general plan and zoning code to comply with California law. The law requires cities to adopt plans and zoning code changes to allow for additional housing in an effort to address the statewide housing crisis.
“In what has been a difficult set of policy decisions in light of State mandates, we have stood on firm legal grounds,” said Mayor Joe Stapleton. “The decision yesterday affirms that. We move forward today and everyday doing what is right for our residents.”
Without the mandated housing plan in place, Stapleton added, the City could have faced severe consequences, including court-imposed fines of as much as $600,000 a month, legal action by the State, and the loss of local control over where and how housing is developed in Newport Beach.
As part of California’s 2021–2029 housing cycle, Newport Beach was required by the State to plan for 4,845 new housing units. The City adopted its updated Housing Element in 2022, which was certified by the California Department of Housing and Community Development.
In 2024, following extensive public outreach and input, the City adopted amendments to its general plan and zoning code to implement the Housing Element and ensure compliance with State law.
