An Orange County planning entity is seeking intervention from the California Supreme Court regarding the state’s requirement for Southern California cities and counties to plan for the construction of 1.34 million new homes by the end of the decade. The Orange County Council of Governments unanimously decided to file a Supreme Court appeal after their lawsuit, challenging the excessive housing goal imposed by the state, was dismissed by lower courts. The lawsuit, filed in 2021 and joined by several Los Angeles County cities, argued that the state Legislature’s amendments in 2004 made the “Regional Housing Needs Assessment” process immune to judicial intervention. The recent ruling by the appeals court, upholding the superior court’s decision, frustrates Orange County leaders as it overlooks the merits of their lawsuit. The leaders claim that state housing and community development officials did not follow the law when determining the region’s housing needs for this decade.
Buena Park Mayor Art Brown, a member of the Orange County Council of Governments and the chair of the Southern California Association of Governments (SCAG), believes that the appeal is necessary to express their dissatisfaction and disagreement with the state’s housing allocation. He states, “We feel it’s just too many housing units.” Attorney Fred Galante, representing the Orange County inter-governmental body, disputes the appeals court’s finding that cities are prohibited from challenging their state-housing mandates based on the 2004 legislative amendments. He argues that there is nothing in the law that prevents challenges when the housing and community development department does not comply with the law. The state Attorney General’s Office, representing the housing and community development department, did not respond to requests for comment.
The state’s Regional Housing Needs Assessment law, established 53 years ago, requires all municipalities within the state to plan and zone for necessary housing across different income levels within their jurisdictions. Consequences were introduced for jurisdictions failing to meet their mandated housing goals. The law determines residential needs for each region, with planning bodies like SCAG allocating a portion of the mandated housing goal to each city and county. The 1.34 million-unit mandate applies to all city and county jurisdictions within the Southern California Association of Governments, including Los Angeles, Orange, Riverside, San Bernardino, Ventura, and Imperial counties. Los Angeles County has the largest housing allotment, with 812,060 new homes, while Orange County has 183,861 homes and the Inland Empire has 305,461 units. Over half of the 1.34 million homes, 782,560 units, must be affordable for low- and moderate-income households.
Mission Viejo Councilmember Wendy Bucknum, who chairs the Orange County inter-governmental council, expressed concerns about the allocation process, stating, “We don’t believe HCD followed the statute in reaching that allocation.” She emphasizes the need for local control despite the obligation to meet housing projections. The council of governments has until September 5th to file the appeal, and the Supreme Court will decide whether to review the appeals court decision. If the high court declines, the 1.34 million homebuilding mandate will become final. Galante hopes that the Supreme Court will take up the case, as it is an important issue that needs correction.
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