2023-2031 RHNA Appeals Process

2023-2031 RHNA Appeals Process

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:
  • 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

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