Citywide, Newport Beach, CA
Newport Beach adopted its sixth-cycle housing element on September 13, 2022, and HCD found it in substantial compliance on October 5, 2022. The plan must accommodate a regional housing need of 4,845 homes, 2,386 of them for very low- and low-income households. To carry it out, the council in July 2024 certified an environmental impact report, adopted general plan and coastal program amendments and introduced a Housing Opportunity overlay rezoning with capacity for about 8,174 homes in the Airport Area, West Newport Mesa, Dover-Westcliff, Newport Center and Coyote Canyon; the rezoning ordinances were adopted September 24, 2024. The council did not put the changes to a vote under Charter Section 423, the city's Greenlight measure, after staff said state law precluded one. Still Protecting Our Newport sued on August 8, 2024, and the Newport Beach Stewardship Association sued on September 24, 2024, arguing the charter required a vote. On June 18, 2025, Orange County Superior Court Judge Melissa R. McCormick ruled for the city. An appeal is pending, and the Attorney General and HCD filed an amicus brief backing the city in July 2026. Meanwhile residents collected signatures for the Responsible Housing Initiative, Measure H, which would replace the plan with about 2,900 affordable-only units capped by area. HCD warned in September 2025 that the initiative would cause the city to act inconsistently with its certified housing element. The council placed the measure on the 2026 ballot in November 2025, and the city later asked a court to block it; on August 19, 2026, Judge Julianne Bancroft ordered the city to move forward with the measure for the November 3, 2026 election. Unit figures above are the state housing target.
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Measure H would replace the state-approved housing plan (8,174 units of zoned capacity) with one allowing about 2,900. Backed by SPON and the Newport Beach Stewardship Association; their appeal of the 2025 ruling that the council could adopt the housing element without a Greenlight vote is pending in the Fourth District.
HCD finds the element in substantial compliance on Oct. 5, 2022.
HCD amicus briefThe council certifies the EIR, adopts Resolutions 2024-50 to 2024-53 and 2024-58 (which removes the Charter Section 423 voter-approval reference) and introduces the rezoning ordinances. The vote tally was not found.
City of Newport BeachThe writ petition alleges a violation of Charter Section 423.
Court filingOrdinances 2024-16 and 2024-17 take effect Oct. 25, 2024. The Newport Beach Stewardship Association sues the same day.
Court filingOrange County Superior Court Judge Melissa R. McCormick rules for the city. The plaintiffs appeal.
Newport Beach IndependentHCD says the initiative "would cause the City to take actions inconsistent with its adopted, certified housing element."
HCDThe unanimous vote follows the submission of nearly 9,000 signatures.
Voice of OCThe Attorney General and HCD file an amicus brief in case G065816.
HCDJudge Julianne Bancroft finds the notice was "properly published" and warns of possible "obstructionism" by the city.
Voice of OCThe state's amicus brief: "state law plainly precludes the City from subjecting the Program Action to its local greenlight measure."
"This isn't a question of do we want to bypass the voters. Absolutely not." Also: "We're trying to pass the best possible deal we can get."
After the June 2025 ruling: "In what has been a difficult set of policy decisions in light of State mandates, we have stood on firm legal grounds."
Director Gustavo Velasquez: "HCD is proud to stand with the City against efforts to stall implementation of its housing plan."
"The Responsible Housing Initiative complies with State laws, puts Newport Beach on a path for more responsible growth."
Gave $1 million to the Yes on H campaign from January to mid-October 2026, according to LAist. He did not respond to Voice of OC.
Measure H supporters say it meets state mandates by counting higher-income homes in the pipeline, and that voters should weigh in.
Sued Aug. 8, 2024, arguing the council violated Charter Section 423 by not letting voters decide on the rezoning.
Judge Bancroft: "The Court was required to order the City on multiple occasions to prepare ballot questions and arguments."
Two suits sought to void the rezoning because it was not put to a citywide vote under Charter Section 423, the Greenlight measure added by voters in 2000. The trial court rejected both on June 18, 2025; the appeal is pending.
Measure H would cut the plan's capacity from about 8,174 homes to about 2,900 affordable-only units, capped by area. HCD says it would conflict with the certified housing element. It is on the Nov. 3, 2026 ballot.
Each row is a dated action by a deciding body, taken from the minutes, agenda packet, video, or ruling linked in the source column.
| Date | Body | Action | Vote | Staff recommendation | Source |
|---|---|---|---|---|---|
| August 8, 2024 | Court | lawsuit filed Still Protecting Our Newport v. City of Newport Beach (Charter Section 423). | — | Unknown | Court filing |
| September 24, 2024 | Court | lawsuit filed Newport Beach Stewardship Association v. City of Newport Beach. | — | Unknown | Court filing |
| June 18, 2025 | Court | ruling issued Orange County Superior Court upheld the rezoning against both suits. An appeal is pending. | — | Unknown | Newport Beach Independent |
| August 19, 2026 | Court | ruling issued Ordered the city to move forward with Measure H for the Nov. 3, 2026 ballot. | — | Unknown | Voice of OC |