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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 qt-- -t-AaronfCHarp City A 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 `0-_0 R MX-!!