What is the RHNA appeals process?

The release of draft RHNA allocations initiated 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 formed a subregion that conducted its own appeals process). See the ABAG 2023-2031 RHNA Appeals Procedures for more details.

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.
• The ABAG Administrative Committee conducted a public hearing to consider appeals and comments on six dates in September and October:

  • RHNA Appeals Day 1, Friday, September 24, 2021: Day 1 Listing of Appellants, 

    Link to Day 1 Recording, Link to Day 1 Transcript

  • RHNA Appeals Day 2, Wednesday,  September 29, 2021: Day 2 Listing of Appellants, Link to Day 2 Recording, Link to Day 2 Transcript
  • RHNA Appeals Day 3, Friday, October 8, 2021:  Day 3 Listing of Appellants, Link to Day 3 Recording, Link to Day 3 Transcript
  • RHNA Appeals Day 4, Friday, October 15, 2021: Day 4 Listing of Appellants, Link to Day 4 Recording, Link to Day 4 Transcript
  • RHNA Appeals Day 5, Friday, October 22, 2021: Day 5 Listing of Appellants, Link to Day 5 Recording, Link to Day 5 Morning Transcript, Link to Day 5 Afternoon Transcript
  • RHNA Appeals Day 6, Friday, October 29, 2021: Day 6 Listing of Appellants, Link to Day 6 Recording, Link to Day 6 Transcript
  • Please visit the ABAG meetings page for the hearing agenda for each appeals day.
• On November 12, 2021, the ABAG Administrative Committee ratified a written final determination on each appeal. The Committee denied all appeals submitted by local jurisdictions, with the exception of the appeal submitted by the County of Contra Costa.
  • The Administrative Committee partially granted the appeal for the County because an area annexed to Pittsburg in 2018 (LAFCO 17-08) was incorrectly included as part of unincorporated Contra Costa County in the Plan Bay Area 2050 Final Blueprint.
  • Reducing the County’s total households in 2050 (the baseline allocation for RHNA methodology) by the 412 households that the Final Blueprint forecasted in that area results in a reduction in the County’s total RHNA of 35 units. As allowed by Government Code Section 65584.05(e)(1), the Administrative Committee determined that 35 RHNA units should be transferred to the City of Pittsburg, and this transfer of units has been reflected in the Final RHNA Plan.
  • The appeals process did not affect the allocations for any jurisdictions other than the County of Contra Costa and the City of Pittsburg.

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

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.