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.
Court · Orange County Superior Court
| Date | Event | What the record shows |
|---|---|---|
| September 13, 2022 | Council Adopts Sixth Cycle Housing Element | HCD finds the element in substantial compliance on Oct. 5, 2022. HCD amicus brief: https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/newportbeach-g065816.pdf |
| July 23, 2024 | Council Approves Rezoning Without a Greenlight Vote | The 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 Beach: https://newportbeachca.gov/government/departments/community-development/planning-division/general-plan-codes-and-regulations/general-plan-update/6th-cycle-housing-element-implementation |
| August 8, 2024 | Still Protecting Our Newport Sues Over Bypassed Vote | The writ petition alleges a violation of Charter Section 423. Court filing: https://oag.ca.gov/system/files/attachments/press-docs/SPON%20Brief.pdf |
| September 24, 2024 | Rezoning Ordinances Adopted, Second Suit Filed | Ordinances 2024-16 and 2024-17 take effect Oct. 25, 2024. The Newport Beach Stewardship Association sues the same day. Court filing: https://oag.ca.gov/system/files/attachments/press-docs/NBSA%20Brief.pdf |
| June 18, 2025 | Judge Upholds Housing Plan, Rejects Both Suits | Orange County Superior Court Judge Melissa R. McCormick rules for the city. The plaintiffs appeal. Newport Beach Independent: https://www.newportbeachindy.com/?p=67441 |
| September 18, 2025 | HCD Warns Initiative Would Break Certified Plan | HCD says the initiative "would cause the City to take actions inconsistent with its adopted, certified housing element." HCD: https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/newport-beach-hau-2031-ta-091825.pdf |
| November 18, 2025 | Council Sends Housing Initiative to 2026 Ballot | The unanimous vote follows the submission of nearly 9,000 signatures. Voice of OC: https://voiceofoc.org/?p=3220835 |
| July 29, 2026 | State Backs City in Greenlight Appeal | The Attorney General and HCD file an amicus brief in case G065816. HCD: https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/newportbeach-g065816.pdf |
| August 19, 2026 | Judge Orders Housing Initiative Onto Ballot | Judge Julianne Bancroft finds the notice was "properly published" and warns of possible "obstructionism" by the city. Voice of OC: https://voiceofoc.org/2026/08/judge-orders-newport-beach-to-move-forward-with-ballot-initiatives/ |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| August 8, 2024 | Court | lawsuit filed | — | Unknown | Court filing: https://oag.ca.gov/system/files/attachments/press-docs/SPON%20Brief.pdf |
| September 24, 2024 | Court | lawsuit filed | — | Unknown | Court filing: https://oag.ca.gov/system/files/attachments/press-docs/NBSA%20Brief.pdf |
| June 18, 2025 | Court | ruling issued | — | Unknown | Newport Beach Independent: https://www.newportbeachindy.com/?p=67441 |
| August 19, 2026 | Court | ruling issued | — | Unknown | Voice of OC: https://voiceofoc.org/2026/08/judge-orders-newport-beach-to-move-forward-with-ballot-initiatives/ |
Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.