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Who Killed the Building? · Case brief · October 22, 2026

Costa Mesa Housing Element and Rezoning

Costa Mesa · Orange County · California · https://whokilledthebuilding.com/projects/costa-mesa-housing-element-2022

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.

Project facts

JurisdictionCosta Mesa, Orange County
StatusLitigated
Project typeMixed Residential
AddressCitywide, Costa Mesa, CA (largest site: Fairview Developmental Center, 2501 Harbor Boulevard)
Units proposed11,760
Date filedFebruary 1, 2022
Housing elementNot in compliance (HCD)

Mechanism and what it did

Decision-making bodies

City Council · Court · Orange County Superior Court · Costa Mesa City Council

Timeline

DateEventWhat the record shows
December 3, 2021HCD Flags Measure Y as a Housing Constraint"However, the Measure is clearly a constraint on development and conflicts with meeting state requirements." HCD: https://www.hcd.ca.gov/community-development/housing-element/docs/oracostamesadraftout120321.pdf
February 1, 2022Council Adopts Housing ElementThe council re-adopts it on Nov. 15, 2022. City of Costa Mesa: https://www.costamesaca.gov/government/departments-and-divisions/economic-and-development-services/planning/housing-element-update
November 8, 2022Measure K Passes by 22 VotesIt partly lifts Measure Y's vote requirement on the commercial corridors. Spectrum News: https://spectrumnews1.com/ca/la/politics/2022/12/13/high-recount-costs-cause-opponents-to-back-off-on-costa-mesa-measure-k
May 9, 2023State Says Plan Complete but Rezoning OwedHCD says the element meets statutory requirements but cannot be found in compliance until rezoning is done. Court filing: https://oag.ca.gov/system/files/attachments/press-docs/costa-mesa.pdf
August 22, 2025HCD Issues Notice of ViolationHCD rejects the city's proposed September 2026 rezoning timeline. HCD: https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/costa-mesa-he-nov-082225.pdf
March 1, 2026Owners Pull Sites After Redondo Beach Overlay RulingAbout 5,863 units of capacity are lost (month only). CP&DR: https://www.cp-dr.com/post/cp-dr-news-briefs-april-14-2026
April 7, 2026Council Adopts Rezoning Ordinance 5-2Ordinance 2026-03 declares itself exempt from Measure Y; Buley and Pettis vote no. City of Costa Mesa: https://www.costamesaca.gov/home/showpublisheddocument/63488/639165396180770000
July 16, 2026State Sues Costa Mesa Over Housing PlanThe petition asks the court to order a compliant element, rezoning within 120 days and penalties. Court filing: https://oag.ca.gov/system/files/attachments/press-docs/costa-mesa.pdf
September 1, 2026Council Adopts Housing Element Amendment 7-0The amendment adds 95 sites with about 6,996 units of capacity. Costa Mesa First: https://www.costamesa1st.com/post/costa-mesa-city-hall-update-for-september-2026-thousands-of-future-housing-units-move-forward-as-r
September 15, 2026Council Caps Fairview at 2,300 Homes920 of the units are to be affordable. The Planning Commission had backed up to 4,000, and staff had called 3,450 financially feasible. Hoodline: https://hoodline.com/2026/09/costa-mesa-caps-fairview-housing-at-2-300-units-spares-golf-course/
October 20, 2026Council Takes Up Citywide Rezoning PackageMeasure K and housing element rezoning covering more than 1,000 properties. Costa Mesa First: https://www.costamesa1st.com/post/city-council-meets-tuesday-for-a-hearing-that-could-impact-every-neighborhood-in-the-city

Decisions

DateBodyActionVoteStaff rec.Source
April 7, 2026City Councilapproved
Adopted Ordinance 2026-03, housing element rezoning declared exempt from Measure Y.
5–2UnknownCity of Costa Mesa: https://www.costamesaca.gov/home/showpublisheddocument/63488/639165396180770000
July 16, 2026Courtlawsuit filed
People ex rel. Bonta and HCD v. City of Costa Mesa, Orange County Superior Court.
—UnknownCourt filing: https://oag.ca.gov/system/files/attachments/press-docs/costa-mesa.pdf
September 1, 2026City Councilapproved
Adopted a housing element amendment adding 95 sites.
7–0UnknownCosta Mesa First: https://www.costamesa1st.com/post/costa-mesa-city-hall-update-for-september-2026-thousands-of-future-housing-units-move-forward-as-r

Sources

  1. HCD review of Costa Mesa draft housing element, California Department of Housing and Community Development, December 3, 2021 [Planning Document]. https://www.hcd.ca.gov/community-development/housing-element/docs/oracostamesadraftout120321.pdf
  2. High recount costs cause opponents to back off on Costa Mesa Measure K, Spectrum News 1, December 13, 2022 [News Article]. https://spectrumnews1.com/ca/la/politics/2022/12/13/high-recount-costs-cause-opponents-to-back-off-on-costa-mesa-measure-k
  3. Notice of Violation to the City of Costa Mesa, California Department of Housing and Community Development (David Zisser), August 22, 2025 [Planning Document]. https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/costa-mesa-he-nov-082225.pdf
  4. Ordinance 2026-03, City of Costa Mesa, April 7, 2026 [Planning Document]. https://www.costamesaca.gov/home/showpublisheddocument/63488/639165396180770000
  5. CP&DR News Briefs, April 14, 2026, California Planning & Development Report, April 14, 2026 [News Article]. https://www.cp-dr.com/post/cp-dr-news-briefs-april-14-2026
  6. In failing to plan for new housing, Costa Mesa finds itself in state's legal crosshairs, LAist (David Wagner), July 16, 2026 [News Article]. https://laist.com/news/housing-homelessness/costa-mesa-housing-element-lawsuit-california-state-attorney-general-bonta-newsom
  7. Petition for Writ of Mandate, People ex rel. Bonta and HCD v. City of Costa Mesa, California Attorney General, July 16, 2026 [Court Filing]. https://oag.ca.gov/system/files/attachments/press-docs/costa-mesa.pdf
  8. California Sues Costa Mesa Over Lack of 'Compliant' Housing Plan, Voice of OC (Spencer Custodio), July 16, 2026 [News Article]. https://voiceofoc.org/2026/07/california-sues-costa-mesa-over-lack-of-compliant-housing-plan/
  9. City Council meets Tuesday for a hearing that could impact every neighborhood in the city, Costa Mesa First (Cynthia McDonald), October 17, 2026 [Other]. https://www.costamesa1st.com/post/city-council-meets-tuesday-for-a-hearing-that-could-impact-every-neighborhood-in-the-city
  10. Costa Mesa housing element, HousingWire [News Article]. https://www.housingwire.com/articles/costa-mesa-housing-element/
  11. Costa Mesa caps Fairview housing at 2,300 units, spares golf course, Hoodline [News Article]. https://hoodline.com/2026/09/costa-mesa-caps-fairview-housing-at-2-300-units-spares-golf-course/
  12. Costa Mesa City Hall update for September 2026, Costa Mesa First [Other]. https://www.costamesa1st.com/post/costa-mesa-city-hall-update-for-september-2026-thousands-of-future-housing-units-move-forward-as-r
  13. Costa Mesa's biggest growth decision in years: why Tuesday's vote matters, Costa Mesa First (Cynthia McDonald) [Other]. https://www.costamesa1st.com/post/costa-mesa-s-biggest-growth-decision-in-years-why-tuesday-s-vote-matters
  14. Housing Element Update, City of Costa Mesa [Planning Document]. https://www.costamesaca.gov/government/departments-and-divisions/economic-and-development-services/planning/housing-element-update

Data quality

Rating 3 of 5. Multiple sources, including at least one primary record. Corrections: https://whokilledthebuilding.com/corrections.