Citywide, Costa Mesa, CA (largest site: Fairview Developmental Center, 2501 Harbor Boulevard)
Costa Mesa's sixth-cycle housing element must plan for 11,760 homes, including 4,713 for very low- and low-income households. The city adopted the element on February 1, 2022 and re-adopted it on November 15, 2022, but HCD has never found it in substantial compliance; in May 2023 HCD said the element met statutory requirements but could not be found compliant until the city completed its rezoning. Measure Y, approved by voters in 2016, requires citywide votes on major land-use changes, and HCD called it "clearly a constraint on development" in December 2021. Measure K, which passed by 22 votes on November 8, 2022, partly lifted Measure Y on the commercial corridors. HCD issued a notice of violation on August 22, 2025, rejecting the city's proposed September 2026 rezoning timeline. In March 2026 owners pulled sites with about 5,863 units of capacity after an appellate ruling against Redondo Beach's overlay zoning. The council adopted Ordinance 2026-03, a rezoning it declared exempt from Measure Y, on April 7, 2026 by a 5-2 vote. On July 16, 2026 the Attorney General and HCD sued, asking the court to order a compliant element, rezoning within 120 days and penalties. The council then adopted a housing element amendment adding 95 sites with about 6,996 units of capacity (September 1, 7-0) and capped the Fairview Developmental Center at 2,300 units, 920 of them affordable, below the 3,450 units staff called financially feasible. A citywide rezoning package went before the council on October 20, 2026. According to a closed-session agenda reported by Costa Mesa First, the parties have begun settlement talks and the city's answer is due October 23, 2026. Unit figures above are the state housing target.
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The state sued July 16, 2026 seeking a compliant housing element and rezoning within 120 days. HCD said in August the city's proposed revisions would suffice once adopted; on Sept 15 the council capped the Fairview site at 2,300 units. Formal adoption and certification are pending.
"However, the Measure is clearly a constraint on development and conflicts with meeting state requirements."
HCDThe council re-adopts it on Nov. 15, 2022.
City of Costa MesaIt partly lifts Measure Y's vote requirement on the commercial corridors.
Spectrum NewsHCD says the element meets statutory requirements but cannot be found in compliance until rezoning is done.
Court filingHCD rejects the city's proposed September 2026 rezoning timeline.
HCDAbout 5,863 units of capacity are lost (month only).
CP&DROrdinance 2026-03 declares itself exempt from Measure Y; Buley and Pettis vote no.
City of Costa MesaThe petition asks the court to order a compliant element, rezoning within 120 days and penalties.
Court filingThe amendment adds 95 sites with about 6,996 units of capacity.
Costa Mesa First920 of the units are to be affordable. The Planning Commission had backed up to 4,000, and staff had called 3,450 financially feasible.
HoodlineMeasure K and housing element rezoning covering more than 1,000 properties.
Costa Mesa FirstDirector Gustavo Velasquez: "Every jurisdiction that fails to meet its obligations is simply shifting the burden and asking everyone else to make up for that difference."
"California can't solve the housing crisis while some cities sit on their hands and dare us to do something about it."
"We are done with delays."
"This is not the comprehensive planning process many residents believed Measure K was intended to deliver."
No ruling as of Oct. 20, 2026; the city's answer is due Oct. 23, 2026.
Adopted Ordinance 2026-03 (April 7, 2026, 5-2, Buley and Pettis opposed), a housing element amendment adding 95 sites (Sept. 1, 2026, 7-0) and a 2,300-unit cap at Fairview Developmental Center.
"In light of the substantial and ongoing efforts, we view this action as entirely unwarranted." Also: "Indeed, we are currently waiting for the state's comments to our most recent submission"
On Measure Y: "It made it so that any change to the general plan would require a vote of the people."
Measure Y (2016) requires citywide votes on major land-use changes; HCD called it "clearly a constraint on development" in December 2021. Measure K (2022) partly lifted it on the corridors, and the 2026 rezoning declares itself exempt.
Capped Fairview Developmental Center at 2,300 units, below the 3,450 units staff called financially feasible; staff warned the cap may force another housing element revision.
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 |
|---|---|---|---|---|---|
| April 7, 2026 | City Council | approved Adopted Ordinance 2026-03, housing element rezoning declared exempt from Measure Y. | 5–2 | Unknown | City of Costa Mesa |
| July 16, 2026 | Court | lawsuit filed People ex rel. Bonta and HCD v. City of Costa Mesa, Orange County Superior Court. | — | Unknown | Court filing |
| September 1, 2026 | City Council | approved Adopted a housing element amendment adding 95 sites. | 7–0 | Unknown | Costa Mesa First |