2023-2031 RHNA Appeals Process

2023-2031 RHNA Appeals Process

What is the RHNA appeals process?
The release of draft RHNA allocations initiates the appeals phase, the final step in the RHNA process. Government Code Section 65584.05 allows a jurisdiction or HCD to appeal the draft RHNA allocation for any Bay Area jurisdiction (except Solano County and its cities, where jurisdictions have formed a subregion that will conduct its own appeals process).

The major steps in the appeals process are:

  • Local jurisdictions and HCD had until July 9, 2021 to submit an appeal in writing. ABAG received 28 appeals from Bay Area jurisdictions by the July 9th deadline. In addition, a number of jurisdictions sent ABAG comment letters about RHNA, in lieu of submitting an appeal.
  • Jurisdictions, HCD and members of the public had until August 30, 2021 to comment on the appeals filed.

  • September and October: ABAG must conduct a public hearing to consider appeals and comments. The public hearing will occur on six dates in September and October, with the ABAG Administrative Committee presiding over the appeals hearing:

    • RHNA Appeals Day 1

      Friday, September 24, 2021, 9:00 a.m. to 5:00 p.m. (remotely) 

      Link to Meeting

       

    • RHNA Appeals Day 2

      Wednesday,  September 29, 2021, 9:00 a.m. to 5:00 p.m. (remotely) 

    • RHNA Appeals Day 3

      Friday, October 8, 2021, 2:00 p.m. to 5:00 p.m. (remotely, with in-person option) Link to Meeting TBD or 

      375 Beale St, San Francisco 

    • RHNA Appeals Day 4

      Friday 10/15/2021, 1:00p to 5:00p 

      (remotely, with in-person option) Link to Meeting TBD or 

      375 Beale St, San Francisco 

       

    • RHNA Appeals Day 5

      Friday 10/22/2021, 9:00a to 5:00p 

      (remotely, with in-person option) Link to Meeting TBD or 

      375 Beale St, San Francisco 

       

    • RHNA Appeals Day 6

      Friday 10/29/2021, 9:00a to 5:00p 

      (remotely, with in-person option) Link to Meeting TBD or 

      375 Beale St, San Francisco 

    • Please visit the ABAG meetings page for the hearing agenda for each appeals day.

    • Meeting attendees may opt to attend in person through a zoom-linked portal provided at 375 Beale Street for days 3-6 of the appeal proceedings.  In-person attendees must pass required health screenings and adhere to posted public health protocols while in the building.  A series of questions will be presented on an I-Pad provided by the 375 Beale Street Security team and all guests must attest to the statements indicated on the attached form before gaining access to public meeting spaces. 

  • October or November: ABAG will ratify a written final determination on each appeal and issue Final RHNA Allocations that adjust allocations as a result of any successful appeals.

  • December: ABAG Executive Board conducts public hearing to adopt Final RHNA Plan.

See the ABAG 2023-2031 RHNA Appeals Procedures for more details about the requirements for an appeal and how ABAG will conduct the public hearing.

Who submitted an appeal? What comments were received about appeals?
ABAG received 28 appeals from the jurisdictions listed below by the July 9, 2021 deadline.

ABAG also received almost 450 comments about the appeals submitted. Some comments encompassed all of the appeals submitted, while others were in response to the appeal filed by a particular jurisdiction. View a list of all comments received

Comments in Reference to All Appeals

 

Jurisdiction Appeals

Comments on Jurisdiction Appeals

City of Alameda None Received
City of Belvedere Comments
City of Clayton None Received
City of Dublin None Received
City of Lafayette None Received
City of Larkspur Comments
City of Los Altos Comments
City of Mill Valley Comments
City of Monte Sereno None Received
City of Palo Alto Comments
City of Pleasant Hill Comments
City of Pleasanton None Received
City of San Ramon None Received
City of Saratoga Comments
City of Sausalito Comments
County of Contra Costa Comments
County of Marin Comments
County of Santa Clara Comments
County of Sonoma (appeal #1) Comments
County of Sonoma (appeal #2)
Town of Corte Madera Comments
Town of Danville None Received
Town of Fairfax Comments
Town of Los Altos Hills Comments
Town of Ross Comments
Town of San Anselmo Comments
Town of Tiburon Comments
Town of Windsor Comments

In addition to the appeals submitted, Moraga, Mountain View, Napa County, San Bruno, San Rafael, and St. Helena sent comment letters about RHNA in lieu of submitting an appeal.

How will ABAG conduct the public hearing to consider RHNA appeals?
Housing Element Law requires ABAG to hold a public hearing to consider RHNA appeals. As a result of the number of appeals ABAG received, the hearing will occur over multiple days. RHNA appeals will be heard by the ABAG Administrative Committee, which will have final authority for decisions on appeals. A committee member must recuse him/herself on an appeal affecting his/her jurisdiction.

The basic structure of the appeals hearing is for the applicant to make an initial argument, to which ABAG-MTC staff provides a response, followed by an opportunity for rebuttal by the applicant.

Following the rebuttal, there is time for public comment in advance of the Committee’s discussion and preliminary vote on the appeal. The Administrative Committee will issue a preliminary determination on each appeal and then review and ratify its final decisions at a meeting after the close of the public hearing to ensure it was uniform in its decision-making.

See the ABAG 2023-2031 RHNA Appeals Procedures for more details.

What happens to the units if the appeal of a jurisdiction’s draft RHNA allocation is successful?
Housing Element Law requires ABAG to allocate all of the 441,176 units assigned to the Bay Area by HCD. If the appeal of a jurisdiction’s draft RHNA allocation is successful, ABAG must redistribute the units to other local governments in the region.

In most cases, ABAG will redistribute units to all local governments in the region in proportion to a jurisdiction’s share of the RHND after appeals are determined and prior to the required distribution. Applicants whose appeals are upheld are not excluded from redistribution.

See Section I of the ABAG 2023-2031 RHNA Appeals Procedures for more details.