Former Newport Beach Mayor Submits Signed Petitions for Responsible Housing Initiative that Will Put Major Housing Decisions into Voters’ Hands

City of Newport Beach – October 2, 2025: Today the Coalition for Responsible Housing submitted all necessary signatures to present its Responsible Housing Initiative to the voters of Newport Beach. The ballot measure will return major housing decisions to Newport Beach voters, instead of politicians. The signatures were submitted by Marshall “Duffy” Duffield—the former Mayor, two-term City Councilmember, and proponent of the Initiative— and the leaders of SPON (Still Protecting Our Newport). The City of Newport Beach will now have 30 days to review the signatures and set the Initiative for an upcoming local election in June 2026.

For months the Coalition has been educating our community on the flawed housing strategy adopted by the Newport Beach City Council in July 2024. In 2024, local politicians approved a massive wave of new housing that will worsen our town’s quality of life for decades. This was nothing more than a giveaway to rich, well-connected developers. To make matters worse, “our” politicians were only able to pass this plan by ignoring the Greenlight Initiative— a law this community passed in 2000 that requires voter approval of all major housing changes.

The Initiative will give local voters the chance to undo this politician-driven and developer- funded housing plan. And the results so far speak for themselves. In just 25 days, the Coalition obtained more than 8,900 signatures from local residents supporting the Initiative. Working with SPON and other community partners, the Coalition assembled a broad range of support in only a few weeks. Our supporters’ message is clear: We will not back down to rich developers and politicians who want to change our community to make a quick buck.

The next step is for the government to verify the signatures and set the Initiative for a vote in the next local election. Assuming the City follows the law, we should have more good news to share soon.

In the coming months, the Coalition will continue informing voters about the importance and benefits of the Responsible Housing Initiative and expanding its network of supporters and partnerships. If you want to learn more about the Initiative, please visit newportbeachstewardshipassociation.org, or check out Duffy Duffield’s recent Guest Column in StuNews: The future of Newport Beach is in your hands. You can also contact the Coalition at: info@newportbeachstewardshipassociation.org.

The Responsible Housing Initiative is supported by the Coalition for Responsible Housing, SPON, and Newport Beach Stewardship Association, among many others.

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS

The People of the City of Newport Beach do hereby ordain as follows:

Section 1. Title

This initiative measure shall be known as the “Responsible Housing Initiative” (the “Initiative”).

Section 2. Purpose and Findings.

1. Purpose. This Initiative seeks to balance responsible urban development with protecting the environment, public health and safety, and the quality of life for the residents and businesses of the City of Newport Beach (the “City”). This Initiative amends the City’s General Plan to allow for more residential housing in a manner that fully satisfies, but does not unduly exceed, the requirements of California housing laws, including the State Housing Element Law and Housing Accountability Act.
2. Findings. The residents of the City find that this Initiative promotes the public interest in light of its Purpose and the following facts and circumstances:

1. In November 2000, City residents voted to approve the Greenlight Initiative, which added Section 423 to the Newport Beach City Charter. Section 423 prevents the Newport Beach City Council from amending the City’s General Plan to significantly increase allowed development without first securing approval from City residents. Section 423 specifically requires, among other things, that any amendment to the City’s General Plan allowing for the development of more than 100 dwelling units must be approved by a majority vote in a City election.
2. When the City was preparing its 2021 – 2029 6th Cycle Housing Element (the “Housing Element”) in response to State law, the City repeatedly assured the community it would allow new development only to extent required by State law. Under State law, the City was asked to update its Housing Element to allow for 4,845 new dwelling units at varying levels of affordability (e.g., low income, moderate income). This is commonly referred to as the City’s Regional Housing Needs Allocation or “RHNA.”
3. In September 2022, the City adopted the Housing Element. That Housing Element specified that implementation of the Housing Element “will require a companion Land Use Element amendment that will be subject to a vote of the electorate pursuant to Charter Section 423.” In October 2022, the California Department of Housing and Community Development (“HCD”) reviewed the City’s Housing Element and informed the City that it must implement all programs identified in the Housing Element, including “Initiating a Ballot Measure for a Charter Section 423 Vote.”
4. Between October 2022 and April 2024, City officials and staff worked to implement the Housing Element. The City stated that such implementation would require several major land use approvals, including significant amendments to the Land Use Element of the City’s General Plan, the City’s Zoning Ordinance, and the City’s Local Coastal Program. These approvals were referred to collectively as the “Housing Element Implementation Program Amendments.”
5. Throughout the process to implement the Housing Element, the City consistently told residents they would have an opportunity to vote on proposed amendments to the Land Use Element, as required by Section 423. Prior to July 2024, the City never suggested to voters that the Newport Beach City Council (“City Council”) would not send this issue to a vote under Charter Section 423.
6. In April 2024, the Housing Element Implementation Program Amendments were presented to the Newport Beach Planning Commission for review and recommendation. The Planning Commission recommended approval of the Housing Element Implementation Program Amendments. The Resolution adopted by the Planning Commission stated that final adoption would “require a majority vote of the electorate” under Section 423. (Resolution No. PC2024- 006.)
7. The Housing Element Implementation Program Amendments presented to the Planning Commission proposed allowing for development of at least 8,174 new dwelling units. That proposal reflected a 68% increase above the RHNA requirement, or 3,329 excess dwelling units.
8. On July 23, 2024, the City Council held a meeting purporting to approve the proposed Housing Element Implementation Program Amendments and purporting to authorize a dramatic increase in the scale, height and density of residential development in Newport Beach. The City Council also purported to adopt proposed amendments to the Land Use Element. Those purported amendments include the addition of Policy LU 4.4, which is intended to exceed the City’s RHNA through the adoption of Housing Opportunity (HO) Overlay Zoning Districts and other land use policies. Local voters did not approve of any of those purported amendments.
9. During that same July 23 meeting, the City Council asserted without legal support that a Charter Section 423 vote on the proposed Land Use Element amendments was purportedly “precluded” by State law.
10. On September 24, 2024, the City Council adopted— again, without voter approval—Ordinance No. 2024-16, which purports to amend the City’s Zoning Code and associated maps to add HO Overlay Zoning Districts. These HO Overlay Zoning Districts alone purport to allow for more than eight thousand additional dwelling units to be developed throughout six large areas of Newport Beach.
11. The decision to adopt any major amendment authorizing thousands of additional dwelling units belongs to the voters, not the City Council.
12. Unlike Newport Beach, the City of Yorba Linda chose to honor its local voter approval requirements when adopting its Housing Element implementation strategy. In November 2024, Yorba Linda voters overwhelming approved Measure JJ, a measure the Yorba Linda City Council placed on the ballot in June 2024 to comply with Yorba Linda’s “Right-to-Vote Amendment” (Measure B). Under Measure JJ, Yorba Linda will satisfy its RHNA of 2,415 units by relying on pipeline projects (181 units) and underutilized sites (569 units), and then rezoning specific properties to accommodate additional units (1,747 units). In total, Yorba Linda plans to accommodate 2,497 units through its Housing Element and associated implementation program. This will result in no more than 82 units beyond what State law requires, or an approximately three percent (3%) increase above Yorba Linda’s RHNA of 2,415 units.
13. Like the approach taken by the City of Yorba Linda, this Initiative would allow the City to achieve housing objectives while ensuring the local community has a voice in major land use decisions.
14. The table below shows how this Initiative would meet the requirements of State
    

Section 3. Amendment to the City of Newport Beach General Plan.

The voters hereby amend and readopt Policy LU 4.4 of the Land Use Element (Chapter 3) of the City of Newport Beach General Plan as follows (new language to be inserted into the General Plan is shown as underlined text; language shown in regular or bold (not underlined) type reflects the existing General Plan text and is provided for informational/reference purposes only):

LU 4.4 Rezoning to Accommodate Housing Opportunities

Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatory policy.

The following areas are intended to be consistent with the Housing Element’s focus areas. Properties within each overlay district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites or adjustments may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites Citywide to accommodate the City’s overall allocation of the Regional Housing Needs Assessment:

• Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,577 929 total dwelling units within the area. All dwelling units must be affordable to “moderate income” households, and at least 692 units must be affordable to “low income” households, as those terms are defined in Government Code 65582.
• West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 1,107 406 total dwelling units within the area. All dwelling units must be affordable to “moderate income” households, and at least 302 units must be affordable to “low income” households, as those terms are defined in Government Code 65582.
• Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 870 total dwelling units within the area. All dwelling units must be affordable to “moderate income” households, and at least 648 units must be affordable to “low income” households, as those terms are defined in Government Code 65582.
• Dover / Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 521 174 total dwelling units within the area. All dwelling units must be affordable to “moderate income” households, and at least 130 units must be affordable to “low income” households, as those terms are defined in Government Code 65582.
• Coyote Canyon: the intent is to allow a density between 20 and 60 50 dwelling units per gross acre of viable land to accommodate up to 1,530 521 total dwelling units within the area. All dwelling units must be affordable to “moderate income” households, and at least 388 units must be affordable to “low income” households, as those terms are defined in Government Code 65582.
• The maximum number of dwelling units for each focus area set forth above shall serve as the Development Limit for each overlay district. The Development Limits shall not include density bonus units.  Once the maximum number of units have been approved under the applicable focus area’s Development Limit, no housing opportunity overlay zoning district or other land use regulatory policies or programs developed pursuant to this Policy (LU 4.4) shall be available for future development in that focus area unless City voters approve a further major amendment to the General Plan.

Section 4. Implementation of this Initiative.

1. This Initiative is considered adopted and effective upon the earliest date legally possible after the elections official certifies the vote on the Initiative by the voters of the City (the “Effective Date”). Upon the Effective Date of this Initiative, the City is directed to promptly take all appropriate actions needed to implement this Initiative, including but not limited to taking any administrative steps necessary to update any and all City ordinances, codes, maps, figures, and any other documents maintained by the City so they conform to the legislative policies set forth in this Initiative. Such administrative steps shall include, but not be limited to, amending Section 20.28.050 of the City of Newport Beach Zoning Code to be consistent with this Initiative.
2. Upon the Effective Date of this Initiative, the General Plan provisions of Section 3 of this Initiative are hereby inserted into the General Plan; except that if the four amendments of any mandatory element of the General Plan permitted by State law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the General Plan amendments set forth in this Initiative shall be the first amendments inserted into the General Plan on January 1 of the next year. The City may reorganize, renumber, and/or reformat the General Plan provisions set forth in Section 3 of this Initiative, provided that the full text is inserted into the General Plan Land Use Element without alteration.
3. The General Plan in effect on the date of filing of the Notice of Intention to Circulate Petition (“Filing Date”), and the General Plan as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the City. To ensure that the City’s General Plan remains an integrated, internally consistent, and compatible statement of policies for the City, any provision of the General Plan that is adopted between the Filing Date and the Effective Date of the General Plan amendment adopted by this Initiative shall, to the extent that such interim-enacted provision is inconsistent with or would diminish, render invalid, defeat, or impair the General Plan amendment adopted by this Initiative, be amended as soon as possible and in the manner and time required by State law to ensure consistency with this Initiative.

Section 5.  Effect of Other Measures on the Same Ballot.

If this Initiative and another measure on the same subject matter appear on the same ballot, and a majority of the voters vote in favor of both measures but this Initiative receives more votes than the other measure, this Initiative alone shall become valid, binding and adopted in its entirety, and the other measure shall be null and void in its entirety. If a majority of the voters vote in favor of both measures but this Initiative receives less votes than the other measure, only those provisions of the other measure that are in direct and irreconcilable conflict with the provisions of this Initiative shall control, and all other provisions of this Initiative shall become valid, binding and adopted. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure.

Section 6. Interpretation, Severability, and Legal Defense.

1. This Initiative must be interpreted so as to be consistent with all federal and State laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub-section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, parts, or portions are found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application.
2. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the City of Newport Beach indicate our strong desire that: (i) the Newport Beach City Council use its best efforts to sustain and re-enact that portion, and (ii) the Newport Beach City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with this Initiative.
3. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purpose set forth in this Initiative.
4. The People of the City of Newport Beach desire that this amendment to the General Plan, if approved by the voters and thereafter challenged in court, be defended by the City. The People, by approving this General Plan amendment, hereby declare that the proponent(s) of this General Plan amendment have a direct and personal stake in defending it from constitutional or statutory challenges to its validity or implementation. In the event the City fails to defend this General Plan amendment, or the City fails to appeal an adverse judgment against its constitutionality, statutory permissibility or implementation, in whole or in part, in any court of law, the proponents shall be entitled to assert their direct personal stake by defending its validity and implementation in any court of law and shall be empowered by the People through this measure to act as agents of the People.

Section 7. Amendment or Repeal.

General Plan Policy LU 4.4 as amended by this Initiative can be amended or repealed only by a majority of the voters of the City voting in an election held in accordance with applicable State and City law. For the avoidance of doubt, this Section only limits the power to amend General Plan Policy LU 4.4 and does not limit the power of the City to amend or repeal other portions of the City of Newport Beach General Plan in a manner that is consistent with this Initiative.

Section 8. Judicial Enforcement.

Any aggrieved person shall have the right to bring an action to enjoin any violation of this Initiative or to enforce the duties imposed on the City by this Initiative. The proponents of this Initiative may defend the provisions of this Initiative in any litigation brought to challenge the Initiative.