HomeMy WebLinkAbout2020-8 - Opposing the Modified Regional Housing Needs Assessment Allocation Methodology Approved by the Southern California Association of Governments Regional CouncilRESOLUTION NO. 2020-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, OPPOSING THE
MODIFIED REGIONAL HOUSING NEEDS ASSESSMENT
ALLOCATION METHODOLOGY APPROVED BY THE
SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS REGIONAL COUNCIL
WHEREAS, California state housing law requires that each city and county plan
for existing and future housing needs in accordance with the outcome of the Regional
Housing Needs Assessment ("RHNA") process;
WHEREAS, the Southern California Association of Governments ("SCAG") is
responsible for developing a uniform methodology for the distribution of the RHNA
allocation among member cities and counties;
WHEREAS, a transparent and collaborative approach to regional planning,
involving opportunity for informed stakeholder input and thoughtful deliberation, is critical
to achieving desirable and equitable outcomes;
WHEREAS, the SCAG process to develop the allocation methodology for the sixth
(6th) cycle RHNA, covering the planning period from October 2021 through October 2029,
included opportunities for stakeholder engagement throughout, including detailed
discussion of three (3) draft allocation methodology options during a series of public
meetings and hearings intended to ensure robust participation by the public and affected
agencies;
WHEREAS, the City of Newport Beach ("City") has expended significant local
resources over the past decade toward addressing housing related issues and has far
surpassed the total number of units stipulated by its fifth (5th) cycle jurisdictional RHNA
allocation, and has similarly been a cooperative and active participant in the fourth (4th)
and fifth (5th) cycle RHNA, providing comments on the draft SCAG methodologies;
WHEREAS, based in part on stakeholder input, SCAG staff developed a single
recommended RHNA allocation methodology which was introduced in September 2019,
at a public workshop, subsequently reviewed by the SCAG RHNA Subcommittee
(including the Orange County representative) and SCAG Community, Economic, and
Human Development ("CEHD") Committee, and ultimately recommended for SCAG
Regional Council consideration and submittal to the California Department of Housing
and Community Development ("HCD");
Resolution 2020-8
Page 2 of 4
WHEREAS, at the November 7, 2019 meeting of the SCAG Regional Council to
consider the recommended RHNA allocation methodology, a substitute motion was made
by the City of Riverside introducing a modified RHNA methodology, which effectively would
shift a significant portion of the sixth (6t") cycle RHNA regional allocation away from
developing areas such as Riverside and San Bernardino County and toward already
congested and impacted coastal areas including predominately Orange County
jurisdictions;
WHEREAS, the modified RHNA allocation methodology was approved for
submittal to HCD by the SCAG Regional Council on a contested vote of 43-19 (opposed
by all Orange County SCAG representatives), despite a lack of detail regarding the
associated impacts of the proposed methodology changes, supporting documentation as
to the merit of the proposed changes, nor any opportunity for informed stakeholder input;
WHEREAS, the City of Newport Beach did not receive sufficient or adequate
advance notice that SCAG would entertain a substantially modified methodology and,
until November 7, 2019, SCAG had consistently and repeatedly set forth certain
methodologies upon which the City has relied in developing its plans and position on the
RHNA allocation process;
WHEREAS, the modified methodology fails to adequately account for local input,
growth forecast data and other government agencies' laws and regulations affecting
housing growth. Due to the late introduction by substitute motion, the modified
methodology was not fully analyzed for potential impacts by SCAG staff before a vote of
the Regional Council;
WHEREAS, the modified methodology would increase the City's affordable
housing target by approximately one -hundred and seventy-five (175) percent, as
compared to the proposed methodology that was vetted and recommended by SCAG
staff;
WHEREAS, adopting future policies to accommodate the increased target RHNA
allocation would be detrimental to the health, safety and welfare of Newport Beach
residents and its millions of visitors, while also undermining community character and any
future vision that is not wholly housing -centric;
WHEREAS, this increased target, that does not take into account the City and
other government agencies' laws and regulations, is untenable for a mid-sized suburban
coastal community with tremendous environmental and topographical constraints such
as Newport Beach;
Resolution 2020-8
Page 3 of 4
WHEREAS, the ramifications of this abrupt, unvetted methodology shift are
further compounded by and should be viewed in the context of recently passed state
housing laws with which local jurisdictions are obligated to comply, including, but not
limited to, SB 35 streamlining requirements, which purport to preempt the full exercise of
local land use authority over development applications proposing affordable housing
production for jurisdictions that fail to make sufficient progress toward meeting their
RHNA allocations;
WHEREAS, HCD has reviewed SCAG's Draft RHNA methodology and found that
it furthers the five (5) statutory objectives of RHNA, as described in its letter to SCAG
dated January 13, 2020; and
WHEREAS, the City disagrees with HCD's findings for the reasons stated in the
letter from Newport Beach Mayor Will O'Neill to HCD dated December 23, 2019.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council is a strong advocate of the development of housing,
including affordable housing, and of local control as the best means to protect the City of
Newport Beach, its residents and business owners, and promote the goals and priorities
of the community. The modified RHNA allocation methodology undermines the integrity
of what is mandated to be a collaborative RHNA process, negating months of local
participation conducted in good faith and posing a significant threat of lasting damage to
the region as well as City of Newport Beach if permitted to stand. The City Council
therefore publicly states its opposition to the modified RHNA allocation methodology
approved by the SCAG Regional Council and intends to file an appeal of the RHNA
allocation methodology.
Section 2: The City's Community Development Director is hereby directed to
take all reasonable steps to reduce the allocation resulting from the modified RHNA
allocation methodology and to take the action described in Section 1.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution 2020-8
Page 4 of 4
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of January, 2020.
ATTEST:
BrownLeilani 1.
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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Will O'Neill
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-8, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 28th day of January, 2020; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 291h day of January, 2020.
Leilani I. Brown
City Clerk
Newport Beach, California
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