Seal Beach moving toward housing-element adoption but must finish rezoning to avoid builder's‑remedy projects

Seal Beach city leaders heard a presentation on state housing law risks and timelines on Oct. 11, 2025, during a study session where consultants and staff said the city has adopted a draft housing element but must complete rezoning and obtain formal state sign‑off to limit exposure to enforcement and so‑called builder’s remedy projects.

The housing element is adopted locally, but not yet certified by the California Department of Housing and Community Development (HCD). "A housing element cannot be declared substantially compliant with state housing law until you not only adopt the housing element, but also complete the required rezonings to ensure that you have capacity for your full RHNA allocation," said Diana Verrett, a housing attorney with Richards Watson Gershon, in a presentation to the City Council and staff.

The lack of HCD certification carries several potential consequences: reduced eligibility for some state funding pools, heightened risk of enforcement actions by HCD or the Attorney General, third‑party litigation, and exposure to developer projects that use the Housing…