Press Release: YIMBY Law Moves To Intervene in Manhattan Beach Lawsuit - Argues 79 New Homes Must Be Approved

Contact: Jae Garner

San Francisco, CA— YIMBY Law has moved to intervene in a lawsuit on behalf of the City of Manhattan Beach to ensure 79 homes are approved and the city’s housing plan is implemented. The intervention aims to strengthen the legitimacy of statewide housing elements, or housing plans, that local jurisdictions complete every eight years.

The lawsuit challenges the Highrose El Porto/Verandas Project, which is included in the city’s housing element as a pipeline project. Plaintiffs claim the project is subjected to the California Environmental Quality Act (CEQA), despite its status as a pipeline project which by law exempts the project from this process.

“YIMBY Law is stepping in because the successful implementation of housing elements is crucial for ending California’s housing shortage and affordability crisis,” said Jae Garner, communications director at YIMBY Law. “What good is a housing plan if it’s not implemented?”

YIMBY Law cites the combination of a Manhattan Beach city ordinance and California state housing law as reasons the project must be approved. The city ordinance allows any project that uses a state density bonus to be built by-right, meaning it does not require discretionary review before it is approved. Under California law, by-right projects are exempt from CEQA. Because this project uses a density bonus, it must be allowed to be built by-right, YIMBY Law argues.

When the Manhattan Beach City Council attempted to block the project in October 2022, the California Department of Housing and Community Development (HCD) notified the city that they were in violation of state housing law and that the homes must be approved. YIMBY Law, along with two allied pro-housing nonprofits, also sent the city a warning letter. Manhattan Beach then reversed course to allow the project to move forward. But the project is now stalled due to a February 21, 2023 lawsuit filed by “Chill the Build,” which aims to thwart the development. YIMBY Law and Californians for Homeownership requested consent to intervene on March 28th, 2023 and was not permitted to do so by Chill the Build. YIMBY Law has since formally moved to intervene. The intervention hearing will be held on Thursday, September 14th.

This intervention would mark YIMBY Law’s seventh lawsuit filed in 2023. YIMBY Law will continue to monitor city and county behavior to ensure housing element compliance and implementation across the state, with the support of over 600 volunteer watchdogs.

“Housing elements are plans, not dreams” said Sonja Trauss, executive director of YIMBY Law. “We’re here to make sure that Manhattan Beach and the rest of California doesn’t lose sight of these contracts between the state and local jurisdictions. They’re critical to overcoming our housing shortage.”

Press Release: YIMBY Law Files Suit Against the City of Redondo Beach for Failing to Recognize the Builder's Remedy

Contact: Jae Garner

San Francisco, CA— YIMBY Law has filed suit against the city of Redondo Beach, California following the city’s illegal rejection of a builder’s remedy project with 2,700 homes. The suit aims to reinforce the legitimacy and effectiveness of housing elements, or housing plans, that cities across the state create every eight years.

“Redondo Beach has ignored state law as well as their own municipal code by not treating their housing plan as a meaningful, effective part of the general plan,” said Rafa Sonnenfeld, policy director at YIMBY Law. “Because of their actions, they don’t have a compliant housing plan and the builder’s remedy applies in the city. These homes must be approved.”

By not treating the housing element as a meaningful or effective piece of law, Redondo Beach officials bypassed their own local charter which requires them to bring major changes to the General Plan, including the Housing Element, to the voters for approval. Without voter approval, the city’s housing plan—although approved by HCD—has not been locally passed or enacted. In other words, it is not in effect. This allows consequences including the builder’s remedy to come into effect until the city completes the steps outlined in Redondo Beach’s local law.

The builder’s remedy project proposed in Redondo Beach would add 2,700 homes, including 540 homes reserved for people with low incomes, to a lot that was previously a power plant. If approved, this project would add a larger number of affordable homes than the city has allowed in the last ten years combined. Additionally, YIMBY Law’s case would open up the city to allow more builder’s remedy projects which could add thousands more homes to the community.

The builder’s remedy requires cities without a compliant housing plan to approve any housing project that meets affordability requirements of reserving 20% of homes for low-income households or 100% for moderate-income households. Specifically, if a California city has not passed a “substantially compliant” housing element, the California Housing Accountability Act indicates that the jurisdiction cannot use its zoning or general plan standards to disapprove any housing project that meets the affordability requirements. 

Redondo Beach is one of dozens of California cities that have not met requirements for their housing plans. This lawsuit, along with five other housing element lawsuits YIMBY Law filed earlier in 2023, aims to bring the city of Redondo Beach into compliance and to facilitate projects that fall under the builder’s remedy in the meantime.

“Housing elements are more than policy documents: they’re a part of the General Plan and have immediate impacts on what can be built in each city,” said Sonja Trauss, Executive Director of YIMBY Law. “Cities in California have to pass compliant housing elements locally, or else lose local control of land use. Redondo Beach is no different.”

Press Release: YIMBY Law Files Lawsuit Against City of Sausalito For Noncompliant Housing Plan

Contact: Jae Garner

San Francisco, CA— YIMBY Law has filed suit against the city of Sausalito, California following the city’s adoption and self certification of a housing element YIMBY Law argues is noncompliant with state law. The suit aims to bring more housing to Sausalito and marks YIMBY Law’s first legal challenge to the substance of a city’s housing plan.

“Sausalito has blatantly ignored state housing law by including an infeasible site inventory and bypassing necessary environmental review,” said Keith Diggs, Attorney at YIMBY Law. “This lack of compliance subjects the city to the builder’s remedy so much-needed housing can be built anyway.”

Bypassing the environmental review process will obstruct every housing project that comes before the city. Additionally, infeasible sites listed in Sausalito’s housing plan will also create barriers to building new homes. Both obstacles will make achieving state housing goals impossible, YIMBY Law argues.

The builder’s remedy requires cities without a compliant housing plan to approve any housing project that meets affordability requirements of reserving 20% of homes for low-income households or 100% for moderate-income households. Specifically, if a California city does not have a “substantially compliant” housing element, the California Housing Accountability Act indicates that the jurisdiction cannot use its zoning or general plan standards to disapprove any housing project that meets the affordability requirements. 

Every eight years, California cities and counties are required to create housing elements (or housing plans) that adhere to state criteria and include enough homes for the community. In the Bay Area, the deadline to create these plans was January 31, 2023. Since then, YIMBY Law and other allied pro-housing legal nonprofits have filed twelve lawsuits against cities that did not meet the deadline.

Sausalito is one of dozens of Bay Area cities that have not met the deadline or have otherwise not met state requirements. This lawsuit, along with housing element lawsuits previously filed, aims to bring the city of Sausalito into compliance with state housing laws and to facilitate projects that fall under the builder’s remedy.

“It’s unfortunate that suing the City of Sausalito is necessary to ensure legal compliance,”   said Sonja Trauss, Executive Director of YIMBY Law. “Fortunately, the Builder’s Remedy exists for just this circumstance: to make sure the housing people need will still get built.”

Contact: Jessamyn Garner • jessamyn@yimbyaction.org • (760) 846-2525