Los Altos Hills City Council
April 20, 2023

Agreement for Countywide Household
Hazardous Waste Collection Program Page 9 of 26

20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CITY authorizes the CoHHW Program to apply for lead agency grants, including but not limited to Used Oil Payment Program grants, from the California Department of Resources Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude the COUNTY or a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply for the grant opportunity.

21. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster.

The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan.

COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control and will handle wastes in accordance with State law. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis and all payments shall be due COUNTY within thirty days following the receipt of the invoice.

22. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program’s annual report to the participating jurisdictions.
/ /
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 10 of 26

23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY.

COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured.

24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services.

COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year.

It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate.

COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter.

25. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program.

26. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.

DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 11 of 26
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.

Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 above.

CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.

COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.

27. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party.

28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2021 to June 30, 2024, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later.
/ /
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 12 of 26

29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.

30. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument.

31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

32. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designates.

33. NOTICES
All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing:

CITY of City Representative
Representative’s Title
City Address
Santa Clara County Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, California 95112

34. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect City Manager
26379 Fremont Road
Los Altos Hills, CA 94022
LOS ALTOS HILLS Carl Cahill
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 6/17/2021

Agreement for Countywide Household
Hazardous Waste Collection Program Page 14 of 26
ATTACHMENT A: PROJECTED FISCAL YEARS 2022-2024 ANNUAL HHW FEE

FUNDING ALLOCATION BY JURISDICTION
Campbell 18,158 726 40,970 106,521 $ $ 68,093 $ 7,162 $ 42,272 $ 908 $ (11,913) $ 45,525 1,268 1,221 Cupertino 21,050 842 41,603 108,168 $ $ 78,938 $ 4,242 $ 49,004 $ 1,053 $ (25,068) $ 36,963 1,034 723 Gilroy 16,676 667 53,681 139,571 $ $ 62,535 $ 1,086 $ 38,822 $ 834 $ 36,295 $ 23,027 1,038 185 Los Altos 11,677 467 17,678 45,963 $ $ 43,789 $ 4,188 $ 27,184 $ 584 $ (29,781) $ 90,803 1,451 714 Los Altos Hills 3,180 127 9,303 24,188 $ $ 11,925 $ 958 $ 7,403 $ 159 $ 3,743 $ 4,413 259 163 Los Gatos 13,637 545 25,338 65,878 $ $ 51,139 $ 6,784 $ 31,747 $ 682 $ (24,474) $ 66,018 1,216 1,157 Milpitas 22,553 902 100,225 260,586 $ $ 84,574 $ 5,247 $ 52,503 $ 1,128 $ 117,135 $ 24,851 1,303 895 Monte Sereno 1,383 55 1,278 $ 3,323 $ 5,186 $ 789 $ 3,220 $ 69 $ (5,941) $ 11,138 139 135 Morgan Hill 15,350 614 43,759 113,774 $ $ 57,563 $ 2,252 $ 35,735 $ 768 $ 17,456 $ 78,579 1,881 384 Mountain View 36,727 1,469 77,033 200,285 $ $ 137,726 $ 4,700 $ 85,500 $ 1,836 $ (29,478) $ 39,356 1,628 802 Palo Alto 29,298 0 63,437 164,936 $ $ - $ - $ 1,465 $ 163,471 San Jose 336,507 13,460 810,331 2,106,860 $ $ 1,261,901 $ 114,172 $ 783,388 $ 16,825 $ (69,427) $ 476,507 20,026 19,470 Santa Clara 48,975 1,959 160,175 416,455 $ $ 183,656 $ 9,178 $ 114,014 $ 2,449 $ 107,157 $ 121,604 3,920 1,565 Saratoga 11,301 452 19,996 51,990 $ $ 42,379 $ 4,458 $ 26,309 $ 565 $ (21,720) $ 45,244 831 760 Sunnyvale 60,273 2,411 116,128 301,932 $ $ 226,024 $ 6,717 $ 140,316 $ 3,014 $ (74,138) $ 152,321 3,672 1,145 Unincorporated 18,558 742 38,112 99,092 $ $ 69,593 $ 4,640 $ 43,203 $ 928 $ (19,271) $ 57,932 1,677 791 Total 665,303 25,440 1,619,047 4,209,522 $ $ 2,385,019 $ 176,572 $ 1,480,620 $ 33,265 $ 134,047 $ 1,274,282 41,345 30,110 Cities
No of
Households
4% of
Households
Disposal
Tonnage
AB939 HHW Fee
$2.60 per Ton
Fixed Cost $3.75
per HH
SJ Facility $8.29
Surcharge
Variable Cost
$58.20 per Car
Abandoned
Waste Disposal
Cost $.05 per
Household
Discretionary
Fund
Estimated
Augmentation
Anticipated
Participation
Anticipated
Particiation
at SJ
Facility
Notes: Number of HH and Disposal tonnage are based on FY2019-2020 actuals. Anticipated participation and anticipated participation at SJ facility are based on 15% increase from FY2018-2019 actual participation.

DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 15 of 26
ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS
FOR FISCAL YEARS 2022, 2023, AND 2024

FIXED COST
Staff Salary and Benefits $1,568,216
County Admin Overhead $421,899
County Counsel $13,650
Phones and Communications $10,605
Facilities Lease Costs San Jose $176,572
Vehicle Costs $34,125
Office Supplies and postage $1,916
Maintenance, Software $115,500
HHW Hotline $50,000
Garbage & Utilities $36,488
Membership & Dues $15,750
Training & Conference $5,250
Safety Wear $21,840
Printing $13,583
Other Services & Supplies $56,175
ESTIMATED ANNUAL TOTAL $2,541,568
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 16 of 26
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022*
2021/Month Day Date Location Type of Event County Holidays/ Notes July Thurs,Fri 1,2 San Jose Permanent
Saturday 3 No Event No Event 4th OF JULY WEEK
Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent
Fri,Sat 9,10 San Martin Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Saturday 17 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 21,22,23,24 San Jose Permanent
Thurs,Fri,Sat 29,30,31 San Jose Permanent
August Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri,Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Saturday 14 Mountain View Temporary TBD
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
September Wed,Thurs,Fri 1,2,3 San Jose Permanent
Saturday 4 No Event No Event LABOR DAY WEEKEND
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Fri,Sat 10,11 San Martin Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Saturday 18 Santa Clara Temporary TBD
Wed,Thurs,Fri,Sat 22,23,24,25 San Jose Permanent
Thursday 30 San Jose Permanent
October Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
November Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri, Sat 5,6 San Martin Permanent
Fri,Sat 12,13 San Jose Permanent
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Tuesday 23 San Jose Permanent
Thurs,Fri,Sat 25,26,27 No Event No Event THANKSGIVING
December Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Wed,Thurs,Fri,Sat 8,9,10,11 San Jose Permanent
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Tues,Wed,Thurs 21,22,23 San Jose Permanent
Fri,Sat 24,25 No Event No Event CHRISTMAS
Tues,Wed,Thurs 28,29,30 San Jose Permanent
Friday 31 No Event No Event NEW YEAR's DAY
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 17 of 26
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022* (Continued) 2022/Month Day Date Location Type of Event County Holidays/ Notes 2022/Jan Saturday 1 No Event No Event NEW YEAR's DAY
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Fri, Sat 7,8 San Martin Permanent
Wed,Thurs,Fri,Sat 12,13,14,15 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
Saturday 29 Santa Clara Temporary TBD
February Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Thurs,Fri,Sat 24,25,26 San Jose Permanent
March Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Wed,Thurs,Fri,Sat 23,24,25,26 San Jose Permanent
April Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Saturday 9 Los Altos Temporary TBD
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
Saturday 30 Santa Clara Temporary TBD
May Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri, Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri 26,27 San Jose Permanent
Saturday 28 No Event No Event MEMORIAL DAY WEEKEND
June Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs 15,16 San Jose Permanent
Friday 17 No Event No Event JUNETEENTH DAY
Saturday 18 San Jose Permanent
Saturday 25 Milpitas Temporary TBD
Thurs,Fri,Sat 23,24,25 San Jose Permanent
Wed,Thurs 29,30 San Jose Permanent
*SUBJECT TO CHANGE

DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 18 of 26
ATTACHMENT D:

COUNTY HOUSEHOLD HAZARDOUS WASTE

EMERGENCY COLLECTION PLAN

1. PURPOSE
The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction.

Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response.

2. Timing of HHW

While it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster and cleanup process by the designated City HHW Coordinator(s) is essential.

3. Public Information/Notification:

Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public service announcements, social media outlets and television public access stations. Be aware of communities where multiple language outreach efforts will be necessary.

4. State HHW Collection Permits

The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit for special collection of household hazardous waste from DTSC through their expedited approval process.

5. Collection Events
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 19 of 26
Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, within neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected will be transported with a transportation vehicle provided by the HHW Program. In addition, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).

The following options are available to each participating City.  Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility.
 Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events.
 CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF.

The CoHHWCF are located at:  San Martin, 13055 Murphy Ave, San Martin  San Jose, 1608 Las Plumas, San Jose

6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.

The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs.

Services to businesses will be provided on a cost recovery basis and according to Section 12 of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 20 of 26
transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses.

7. State and Federal Assistance and Funds
It is the City responsibility to pursue reimbursement from State or Federal agencies.

State Office of Emergency Services (OES)
The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES.

Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection.

Federal Assistance
If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA.

Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance.

Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA.

REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:

Guidance for local government on disaster debris management, January 1997.

DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 21 of 26
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Recycling and Waste Reduction Division
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967
For Non-Emergency after-hours, contact County Communications at: (408) 977-3220 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations.

Cal OES Public Safety Communications Main Office
601 & 630 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 657-9494
Cal OES
3650 Schriever Avenue
Mather, CA 95655-4203
(916) 845-8510
CHEMTREC Emergency number, (800) 424-9300
Non-emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals.

DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

INSURANCE REQUIREMENTS FOR

ENVIRONMENTAL SERVICES CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest.

Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:

A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.

This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.

B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.

ATTACHMENT E
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.

D. Insurance Required

1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000

2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest

3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:

Additional Insured Endorsement, which shall read:
“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements.

4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.

5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.

6. Contractors Pollution Liability Insurance
Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite.

7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.)
a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate.
b. If coverage contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event.

DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement.

8. Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims.

E. Special Provisions
The following provisions shall apply to this Agreement:

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions.

3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.

4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.

F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County.

DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

DocuSign Envelope ID: CC4684D9-2511- 41A8- 995D- 145F15D6DB2C

FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD

HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program AGREEMENT) by and between the Town of Los Altos Hills ( CITY) and the County of Santa Clara ( COUNTY) previously entered into on, June 17, 2021, is hereby amended as set forth below.

The COUNTY and the CITY agree that:

1. Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read:

16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level.

Additional services shall be made available upon written agreement between the CITY' s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments ( charged at the Variable Cost Per Car rate), door- to- door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.

CITY agrees to augment up to an additional $ 4, 413 to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY' S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

CITY agrees to augment up to an additional $ !", 0 to the Countywide HHW Program during Fiscal Year 2023 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C- 1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate, Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY' S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

Attachment 4

DocuSign Envelope ID: CC4684D9- 2511- 41A8- 995D- 145F15D6DB2C At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take Into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.

I

2. Attachment C- 1 " HHW Schedule For Collection Events for Fiscal Year 2022/ 2023" attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT.

Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect.

IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below:

COUNTY OF SANTA CLARA TOWN OF LOS ALTOS HILLS
Signature: S
DocuSigned by;
yff" V. SM&
0 1940840;
Jeffery V. Smith- Name: r
County Executive Title: U -N llkaocLc
6/ 6/ 2022
Date:

APPROVED AS TO FORM AND LEGALITY
DocuSigned by
LUJI1, LA&
I ... Ntfi
Willie Nguyen
Deputy County Counsel
Date:
6/ 6/ 2022
Date:

At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.

I

2. Attachment C- 1 " HHW Schedule For Collection Events for Fiscal Year 2022/2023" attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT.

Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect.

IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below:

COUNTY OF SANTA CLARA
Signature:

TOWN OF LOS ALTOS HILLS
Si
Jeffery V. Smith Name
County Executive Title: I
Date: Date:

APPROVED AS TO FORM AND LEGALITY
Willie Nguyen
Deputy County Counsel
Date:
er
OR

ATTACHMENT C -l: HHW SCHEDULE OF PERMANENT & i TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2022- 2023*
JV WG6r1 iv . nHidv
nnvv Z WntuuLt I -UK f15UAL YLAK 2022/ 2023"
2022/ Month Day Date Location Type of Event County Holidays/ Notes July Fri 1 San Jose Permanent
Saturday 2 _ Na Event N4went_ 4th bFJULY W' ' SEK
Wed, Thurs, Fri, Sat 6, 7, 8, 9 San Jose Permanent
Fri, Sat 8, 9 San Martin Permanent
Thurs, Fri 14, 15 San Jose Permanent
Wed, Thurs, Fri, Sat 20, 21, 22, 23 San Jose Permanent
Thurs, Fri, Sat 28, 29,30 San Jose Permanent
August Wed, Thurs, Fri, Sat 3, 4, 5, 6 San Jose Permanent Fri, Sat 5, 6 San Martin Permanent
Thurs, Fri 11, 12 San Jose Permanent
Wed, Thurs, Fri, Sat 17, 18, 19, 20 San Jose Permanent
Thurs, Fri, Sat 25, 26, 27 San Jose Permanent
Wed 31 San Jose Permanent
September Thurs, Fri 1, 2 San Jose Permanent
atu a,. - No_.Ev rit No Ewen L_ ABOE- QAY'WEEKEND'
Thurs, Fri, Sat 8, 9, 10 San Jose Permanent
Fri, Sat 9, 10 San Martin Permanent
Wed, Thurs, Fri 14, 15, 16 San Jose Permanent
a
Thurs, Fri, Sat
e
22, 23, 24 San Jose Permanent
Thurs, Fri 29, 30 San Jose Permanent
October Sat 1 San Jose Permanent
Wed, Thurs, Fri, Sat 5, 6, 7, 8 San Jose Permanent
Fri, Sat 7, 8 San Martin Permanent
Thurs, Fri 13, 14 San Jose Permanent
Wed, Thurs, Fri, Sat 19, 20, 21, 22 San Jose Permanent
Thurs, Fri, Sat 27, 28, 29 San Jose Permanent
November Wed, Thurs, Fri, Sat 2, 3, 4, 5 San Jose Permanent Fri, Sat 4, 5 San Martin Permanent
Wed, Thurs 9, 10 San Jose Permanent
FCi 1'_1 No. vent No Eve•n1 VET_ERAWDAY
Saturday 12 San Jose Permanent
Wed, Thurs, Fri, Sat 16, 17, 18, 19 San Jose Permanent
Wednesday 23 San Jose Permanent
Thurs;FrOat
Wed
24, 2$, 9fi
30 o wont
San Jose
No Event_'
Permanent

THANKSGIVING
December Thurs, Fri, Sat 1, 2, 3, San Jose Permanent
Fri, Sat 2, 3 San Martin Permanent
Wed,Thurs, Fri,Sat 7, 8, 9, 10 San Jose Permanent
Thurs, Fri, Sat 15, 16, 17 San Jose Permanent
Wed, Thurs 21, 22 San Jose Permanent
Fri; Sat 23., 24J Nb Event No. Evertt CHMSTMAS
Wed, Thurs 28, 29 San Jose Permanent
Fri, Sat - 36,31 No went No Event NEW,:YEAR' S DAY
JV WG6r1 iv . nHidv

ATTACHMENT C- 1: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2022- 2023* ( Continued) HHW SCHEDULE FOR FISCAL YEAR 202212023 -continued*
f
2023/ Month Day Date Location Type of Event County Holidays/ Notes January Thurs, Fri, Sat 6, 6, 7 San Jose Permanent
Fri, Sat 6, 7 San Martin Permanent
Wed, Thurs, Fri 11, 12, 13 San Jose Permanent
01 -owl,
Wed, Thurs, Fri, Sat 18, 19, 20, 21
F
San Jose Permanent
t
NIP MW
Thurs, Fri 26, 27 San Jose Permanent
February Wed, Thurs, Fri, Sat
aml
1, 2, 3, 4
mgl.

San Jose
I
Permanent
BMM
ln
Fri, Sat 3, 4 San Martin Permanent
Thurs, Fri, Sat 9, 10, 11 San Jose Permanent
Wed, Thurs, Fri, Sat 15, 16, 17, 18 San Jose Permanent
Thurs, Fri, Sat 23, 24, 25 San Jose Permanent
March Wed, Thurs, Fri, Sat 1, 2, 3, 4 San Jose Permanent Fri, Sat 3, 4 San Martin Permanent
Thurs, Fri, Sat 9, 10, 11 San Jose Permanent
Wed, Thurs, Fri, Sat 15, 16, 17, 18 San Jose Permanent
Thurs, Fri, Sat 23, 24, 25 San Jose Permanent
Wed, Thurs, Fri 29, 30, 31 San Jose Permanent
April Sat I San Jose Permanent
Wed, Thurs, Fri, Sat 5, 6, 7, 8 San Jose Permanent
Fri, Sat 7, 8 San Martin
Thurs, Fri 13, 14 San Jose
Permanent
Permanent
5 Wed, Thurs, Fri 19, 20, 21 San Jose Permanent
Thurs, Fri 27, 28 San Jose Permanent
May
1"
Wed, Thurs, Fri, Sat 3, 4, 5, 6 San Jose Permanent
i
Fri, Sat 5, 6 San Martin Permanent
Thurs, Fri, Sat 11, 12, 13 San Jose Permanent
Wed, Thurs, Fri, Sat 17, 18, 19, 20 San Jose Permanent
Wed, Thurs, Fri 24, 25, 26 San Jose Permanent
M L WEEKE i; D;
June Thurs, Fri, Sat 1, 2, 3 San Jose Permanent
Fri, Sat 2, 3 San Martin Permanent
Thurs, Fri 8, 9 San Jose Permanent
Wed, Thurs, Fri, Sat 14, 16, 16, 17 San Jose Permanent
Thurs, Fri, Sat 22, 23, 24 San Jose Permanent
Wed,Thurs, Fri 28, 29, 30 San Jose Permanent

TOWN OF LOS ALTOS HILLS April 20, 2023
Staff Report to the City Council
SUBJECT: REVIEW OF CITY COUNCIL SCHEDULE FOR MAY, JULY AND SEPTEMBER 2023
FROM: Deborah Padovan, City Clerk
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Review the City Council meeting schedule for the months of May, July and September 2023 and cancel a regular City Council meeting or schedule a special City Council meeting as deemed appropriate.

BACKGROUND:

Councilmember Tankha has requested moving the May 18, 2023, regular City Council meeting due to family obligations. A calendar of the month of May is included as Attachment 1 and the Council may consider cancelling the regular meeting and schedule a special meeting for the month of May.

In the past, the City Council has scheduled a meeting recess during one of the summer months to avoid potential conflict with residents’ vacation plans. It has been suggested that perhaps the City Council recess for July with the ability to call a special meeting as needed. A calendar for the month of July 2023 is included as Attachment 2.

Finally, the League of California Cities Annual Expo and Conference is scheduled for September 20-22, 2023, in Sacramento. The conference falls on the week of the regular City Council meeting. A calendar for the month of September is included as Attachment 3 and the Council may consider cancelling the regular meeting and schedule a special meeting for the month of May.

DISCUSSION:

Following City Council direction, the City Clerk will post and distribute the appropriate notices.

ENVIRONMENTAL REVIEW:

This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act.

AGENDA ITEM #5.A
D.P.

P.P.

Staff Report to City Council Page 2
City Council Meeting Schedule
April 20, 2023
2 2023 CITY COUNCIL WORK PLAN
The report is for transparency and was not specified in the City Council’s 2023 workplan.

FISCAL IMPACT:

There is no fiscal impact associated with canceling and scheduling City Council meetings.

ATTACHMENT:

1. Calendar for the month May 2023

2. Calendar for the month of July 2023

3. Calendar for the month of September 2023

Attachment 1
May 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 FIC
4:00 pm
___________
Senior
Commission
4:30 pm
2 EPRC
6:00 pm
___________
Youth
Commission
7:00 pm
3 4
Los Altos
Library
Commission
6:30 pm
__________
Planning
Commission
6:00 pm
5 State of the
Cities Luncheon
11:30
6 7 8 9
EDPC
5:45 pm
10 Open Space
9:00 am
__________
Technology
5:00 pm
_________
SVCE
7:00 pm
11 Cities
Association
7:00 pm
12 13
14 15
Parks and
Recreation
6:00 pm
16 History
3:30 pm
__________
Youth
Commission
7:00 pm
__________
LAHCFD
7:00 pm
17 18
City Council
Meeting
6:00 pm
19 20
21 22
Pathways
6:30 pm
23 CRC
7:00 pm
24 CHAC
4:30 pm
25 Joint
Council/FIC
Study Session
4:00 pm
_________
EIC
6:30 pm
26 27
28 29
Memorial Day
Holiday
30 31

Attachment 2
July 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3
FIC
4:00 pm
4 EPRC
6:00 pm
_________
Youth
Commission
7:00 pm
5 6
Planning
Commission
6:00 pm
7 8
9 10
Senior
Commission
3:30 pm
11 EDPC
5:00 pm
12 Open Space
9:00 am
___________
Technology
5:00 pm
_________
SVCE
7:00 pm
13 14 15
16 17
Parks and
Recreation
6:00 pm
18 History
3:30 pm
___________
Youth
Commission
7:00 pm
___________
LAHCFD
7:00 pm
19 20
City Council
Meeting
6:00 pm
21 22
23 24
Pathways
6:30 pm
25 CRC
7:00 pm
26 27
EIC
6:30 pm
28 29
30 31
Town Hall Closed
Independence
Day

September 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
3 4
FIC
4:00 pm
5 EPRC
6:00 pm
___________
Youth
Commission
7:00 pm
6 7
Planning
Commission
6:00 pm
8 9
10 11
Senior
Commission
3:30 pm
12 EDPC
5:00 pm
13 Open Space
9:00 am
___________
Technology
5:00 pm
_________
SVCE
7:00 pm
14 Cities
Association
7:00 pm
15 16
17 18
Parks and
Recreation
6:00 pm
19 History
3:30 pm
___________
Youth
Commission
7:00 pm
___________
LAHCFD
7:00 pm
20 League of
California
Cities
Conference
All Day
21 City Council
Meeting
6:00 pm
___________
League of Cal
Cities
Conference
All Day
22 League of
California Cities
Conference
All Day
23 24 25
Pathways
6:30 pm
26 CRC
7:00 pm
27 CHAC
4:30 pm
28 EIC
6:30 pm
29 30
Town Hall
Closed –
Labor Day
Attachment 3

TOWN OF LOS ALTOS HILLS April 20, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION NAMING A TOWN PATHWAY THAT CONNECTS

CENTRAL DRIVE WITH MOODY COURT AS THE ART

LACHENBRUCH PATH
FROM: WooJae Kim, Public Works Director
Richard Partridge, Pathways Committee Chair
Kit Gordon, Open Space Committee Chair
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a resolution (Attachment 1) approving the recommendation by the Pathways Committee to name a Town pathway from Central Drive to Moody Court as the Art Lachenbruch (pronounced “lock-en-brook”) Path.

BACKGROUND:

Art Lachenbruch (1925-2021), a world-renowned geophysicist with the United States Geological Survey (USGS), was one of the most influential planning commissioners in Los Altos Hills. Lachenbruch served as a planning commissioner for more than a decade beginning in 1970. He developed the slope density equation that the Town and many other cities use to protect hillsides from developments. The equation is the basis for the Lot Unit Factor (LUF) calculation. His work helped define the character of the Town’s lots by protecting steep slopes from developments, thereby improving land stability and stormwater management and retention, as well as improving water quality in creeks and esthetics of properties. Moreover, Lachenbruch’s belief that the Town should be more impermeable to cars and open to pedestrians is manifested today in the Town’s open spaces and trails. He was an early and ardent supporter of pedestrian and equestrian pathways.

Lachenbruch received a PhD in geophysics from Harvard University. From 1969 to early 1970s, he put his research on pause to actively challenge a hot-oil pipeline project proposed across the frozen permafrost of Alaska, a project that the President of the United States at the time supported. Although Lachenbruch disliked politics and posturing, his modeling of the hot-oil pipeline indicated that the permafrost would eventually melt causing pipes to fail, which would result in an ecological disaster for the state and the country. The pipeline was ultimately re-designed, and a potential catastrophe was averted due to his efforts.

In 1975 he was elected into the National Academy of Sciences for his work. By the time he retired in 1994 after 47 years of government service, his work also gave new understanding to plate tectonics, mechanisms of the faults in the western United States, AGENDA ITEM #5.B
W.K.

P.P.

Staff Report to City Council Page 2
Naming of Art Lachenbruch Path
April 20, 2023
discovery of geothermal energy fields, and the first terrestrial-based evidence of the earth’s warming.

DISCUSSION:

Art and Edie Lachenbruch moved to Buena Vista Drive in Los Altos Hills in 1961 and lived there for 47 years, raising three children. The Town’s pathway segment recommended to honor him is nearby his home, connecting Central Drive with Moody Court. It is an old logging road which is now used both as a pathway and emergency access fire road. Locally, it is referred to as “Dirt Central.” The fire road borders Byrne Preserve and the Patmore property. The Patmores are supportive of honoring their long-time neighbor, planning commissioner, and a friend. Lee Patmore also served on the planning commission.

ENVIRONMENTAL REVIEW
This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2023 CITY COUNCILWORK PLAN:

This action is not identified on the 2023 City Council Work Plan.

Staff Report to City Council Page 3
Naming of Art Lachenbruch Path
April 20, 2023

FISCAL IMPACT
There is no fiscal impact associated with this proposed ordinance.

ATTACHMENT

1. Resolution

RESOLUTION NO.__________

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS

HILLS NAMING A TOWN PATHWAY THAT CONNECTS CENTRAL DRIVE

WITH MOODY COURT AS THE ART LACHENBRUCH PATH
WHEREAS, Art Lachenbruch (1925-2021) is a world-renowned geophysicist with the United States Geological Survey (USGS), who was also one of the most influential planning commissioners in the Town and an early and ardent supporter of pedestrian and equestrian pathways; and
WHEREAS, Lachenbruch served as a Town’s planning commissioner for more than a decade beginning in 1970, and he developed the slope density equation that the Town and many other cities use to protect hillsides from developmenets; and WHEREAS, Lachenbruch played a key role in the redesign of the hot-oil pipeline crossing the frozen permafrost of Alaska in the early 1970’s, saving Alaska and the country from a potential ecological disaster; and
WHEREAS, he was elected into the National Academy of Sciences for his work in 1975; and
WHEREAS, Art and Edie Lachenbruch moved to Buena Vista Drive in Los Altos Hills in 1961 and lived there for 47 years, raising three children; and WHEREAS, the Pathways Committee is recommending that a Town pathway from Central Drive to Moody Court be named after him in his honor.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby name the Town pathway that connects Central Drive with Moody Court as the Art Lachenbruch Path.

The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of April 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Attachment 1

By:

Linda G. Swan, Mayor
ATTEST:

Deborah L. Padovan, City Clerk

TOWN OF LOS ALTOS HILLS April 20, 2023
Staff Report to the City Council
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING AN

UPDATE TO THE HOUSING ELEMENT OF THE GENERAL
PLAN FOR THE PERIOD OF 2023-2031 AND MAKING AN

EXEMPTION DETERMINATION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
FROM: Elaine Ling, Senior Planner
Michael Baker International, Inc.

APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:

That the City Council consider updates to the 2023-2031 Housing Element, receive public comments, and adopt a resolution making a CEQA exemption determination and approving the updates to the Housing Element.

BACKGROUND:

State law requires that a housing element be included in a jurisdiction’s general plan as one of the seven mandatory "elements," or chapters, which express the community's values, goals, and vision for the future. Every eight (8) years, each jurisdiction must adopt an updated Housing Element and submit the element to the California Department of Housing and Community Development (HCD) for review and certification. HCD is required by state law to make findings and provide comments on the submitted Housing Element pursuant to Government Code section 65580 et seq. The statutory deadline for jurisdictions in the Bay Area to adopt a Housing Element is January 31, 2023.

On January 30, 2023, the City Council conducted a public hearing and timely adopted the Town’s 2023-2031 Housing Element through Resolution No. 09-23. Among other things, Resolution No. 09-23 found that the Housing Element substantially complied with state Housing Element Law, and authorized the Planning Director to make all non-substantive changes to the Housing Element to make it internally consistent or to address any nonsubstantive changes or amendments requested by the Department to achieve certification.

The Town then timely submitted the adopted Housing Element to HCD for review on January 31, 2023.

Prior to adoption, the Housing Element was also considered and recommended for adoption by the Planning Commission on January 27, 2023. The Town conducted extensive outreach to receive and incorporate public input, including focus group meetings, surveys, five (5) joint Planning Commission and City Council meetings, and a virtual pop-up event. The AGENDA ITEM #6.A

Staff Report to City Council Page 2
Housing Element Update 2023-2031
April 20, 2023
Town incorporated comments received from HCD through discussions between the Town and HCD and an HCD comment letter dated January 25, 2023.

On March 17, 2023, HCD provided a comment letter to the Town outlining certain areas where the adopted Housing Element could be enhanced to achieve certification as a part of HCD's determination process to make findings of substantial compliance on the Housing Element. These areas include: (1) enhancing analysis and descriptions of base conditions and housing factors in the Town; (2) responding to questions relating to site-specific owner interest in development in the Site Inventory; and (3) enhancing programs to affirmatively further fair housing (AFFH) through programs to address fair housing factors and housing mobility.

As a result of such changes requested by HCD and pursuant to the revision authority provided under Resolution No. 09-23, Town staff and consultants have prepared updates to the Housing Element containing additional revisions to address all of HCD’s requests (the “Update”). The Update contains additional clarifications and programs to serve the policies and goals previously adopted in the 2023-2031 Housing Element. No previously adopted policies and goals are being deleted or altered. The additional clarifications and programs are responsive to changes requested by HCD. Resolution No. 09-23 authorizes the Planning Director to file all necessary material with HCD for the department to find the Housing Element complies with state law, and to make all non-substantive changes to the Housing Element to make it internally consistent and address non-substantive changes or amendments requested by HCD to achieve certification. As such, preparation of the Update is within the revision authority provided under City Council Resolution No. 09-23.

Further, the Town has provided a seven-day public review period for the Update. On April 11, 2023, the Update to the Housing Element was uploaded to the Town’s website for public review and comments, and the link was emailed to all individuals and organizations that have previously requested notices relating to the Town’s Housing Element in writing. Following a seven-day public review period, the Update to the Housing Element is anticipated to be submitted to HCD on April 21, 2023.

NOTICING/PUBLIC OUTREACH
The public was advised of this consideration item in the following ways:
• City Manager Weekly Reports – March 31, April 7, and April 14, 2023 • Public Posting Places – April 14, 2023
• Direct emails to the interested parties – April 10, 11, 14, 2023 • Town Website: draft Housing Element revision– April 11, 2023 • Town Website: April 20, 2023 City Council Meeting Agenda Packet– April 14, 2023
• Social Media: April 14, 2023
To date, staff has received a few public comments, which have been added as supplemental to the packet. Staff continues to accept public comments during the seven-day public comment period.

Staff Report to City Council Page 2
Housing Element Update 2023-2031
April 20, 2023
DISCUSSION:

The March 17, 2023 HCD correspondence requests changes in a few areas where the adopted Housing Element could be enhanced to achieve certification as a part of HCD's determination process to make findings of substantial compliance on the Housing Element, summarized as follows:
• Enhancing analysis and descriptions of base conditions, housing factors, and development projections in the Town, including affordable and fair housing conditions; development project approval process, and ADU and SB 9 units development and incentives.
• Responses to questions relating to site-specific owner interest in development on property listed in the site inventory; and
• Enhanced programs to affirmatively further fair housing (AFFH), such as through programs to address fair housing factors, housing mobility, and variety in housing types and choices.

PROPOSED CHANGES
Pursuant to the revision authority provided under Resolution No. 09-23, the Town prepared the Update to the Housing Element to respond to all of HCD’s requested changes. The proposed revisions included in the Update are summarized as follows:
• Addition of Program A-12 to include a unit-conversion program where existing, conforming single family residences may be converted to a duplex or triplex, subject to objective development standards, in designated areas determined by the City Council through a zoning ordinance amendment process.
• Modification to Program A-1 to, consistent with the multi-family density range identified in the Housing Element, create a multi-family zoning district on the Twin Oaks site instead of a multi-family overlay zone, and to include in said district one additional 2.1-acre parcel adjacent to the Twin Oaks site based on property owner interest.
• Update discussion regarding owner development interests for properties included in the Site Inventory.
• Clarify additional development standards and features to be proposed through the Town’s permanent SB 9 ordinance efforts, which are currently underway. • Addition of marketing and outreach programs to facilitate affordable housing units construction and occupancy (i.e. renting) in the Town.
• Amend Housing Element programs to ensure development standards and review processes do not create constraints on residential projects and affordable housing.

Staff Report to City Council Page 2
Housing Element Update 2023-2031
April 20, 2023
The proposed changes are described in further detail in the Update to the Housing Element and shown in redline, as Attachment 2 to this staff report and also accessible at the following link: https://los-altos-hills-ca.civilspace.io/en/projects/housing-element-update-2023-2031.

ENVIRONMENTAL REVIEW:

Upon review, staff’s assessment continues to be that the Update to the Housing Element is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and 15283 of the CEQA Guidelines and Section 65584 of the California Government Code. The Housing Element is a policy document which does not provide entitlements to any specific land use project and does not contain policies that have potential to result in any direct or indirect physical changes to the environment. Any individual development projects would further undergo additional environmental analysis at the time of future entitlements. Relatedly, CEQA does not apply to regional housing needs determinations made by the city pursuant to CEQA Guidelines section 15283, which further illustrates the concept that adoption of the Housing Element as a policy-level document only for such housing needs does not result in any environmental impacts. Thus, the proposed Housing Element Update is exempt from CEQA both under Sections 15601(b)(3) and 15283 of the CEQA Guidelines.

ATTACHMENTS:

1. Resolution

2. Update to the Housing Element

Resolution CC __-23 Page 1 of 6
RESOLUTION CC __-23

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2023-2031 AND AFFIRMATIVELY FURTHERING FAIR

HOUSING, AND COMPLYING WITH STATE HOUSING ELEMENT LAW
WHEREAS, the California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.); and
WHEREAS, the legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.); and WHEREAS, the legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the Town of Los Altos Hills (“Town”) regional housing need allocation (RHNA) of 489 housing units, comprised of 62 extremely-low income units, 63 very-low income units, 72 low-income units, 82 moderate-income units, and 210 above moderate-income units; and WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and
WHEREAS, under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, under CEQA Guidelines Section 15283, CEQA also does not apply to regional housing need determinations made by municipalities pursuant to Government Code section 65584; and
Attachment 1

Resolution CC __-23 Page 2 of 6
WHEREAS, to comply with State Housing Element Law, the Town prepared the Housing Element Update 2023-2031 (the Housing Element or Housing Element Update) in accordance with California Housing Element Law (Government Code section 65580 et seq.); and WHEREAS, the Housing Element is a policy document only, does not implement any land use projects or issue any entitlements, and does not contain policies that have the potential to result in any direct or indirect physical changes to the environment; and WHEREAS, the Town conducted extensive community outreach over the last twelve months including five community workshops, one virtual pop-up event, and two public meetings before the Planning Commission and the City Council; and WHEREAS, as provided in Government Code Sections 65352 – 65352.5, the Town referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed and no California Native American tribe requested consultation; and
WHEREAS, in accordance with Government Code Section 65585 (b), on October 27, 2022, the Town timely submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, in December 2022 Town staff reached out to HCD to obtain initial feedback on the draft element and, on December 22, 2022, met with HCD staff and received initial comments; and
WHEREAS, Town staff further revised the draft Housing Element based on such initial feedback to include additional information and analysis to address those comments, and the revised Housing Element was sent to HCD for further review and also published for public review on January 23, 2023; and
WHEREAS, January 25, 2023, the Town received a letter from HCD providing its findings and comments regarding the draft Housing Element, and the Town further revised the draft Housing Element to address all such findings and comments; and WHEREAS, on January 26, 2023 the Town published a revised draft Housing Element responding to HCD’s findings and requested public comment on the draft; and WHEREAS, on January 27, 2023 the Planning Commission conducted a duly and properly noticed public hearing, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the Town’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments; and WHEREAS, the Planning Commission determined the Housing Element to be consistent with State law and the General Plan of the Town of Los Altos Hills and recommended the City Council adopt the Housing Element via Resolution No. PC01-23; and

Resolution CC __-23 Page 3 of 6
WHEREAS, on January 30, 2023, the City Council conducted a duly and properly noticed public hearing, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the Town’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments, and adopted Resolution No. 09-23, to (1) find and determine that the 2023-2031 Los Altos Hills Housing Element Update is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and 15283 of the CEQA Guidelines and Section 65584 of the California Government Code; (2) adopt the 2023-2031 Los Altos Hills Housing Element Update; (3) find that the 2023-2031 Los Altos Hills Housing Element Update substantially complies with State Housing Element Law; (4) direct the Planning Director or designee to file all necessary material with HCD for the Department to find that the Housing Element is in conformance with State Housing Element Law; and (5) direct and authorize the Planning Director or designee to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by the Department to achieve certification; and WHEREAS, on March 17, 2023, HCD provided a comment letter to the Town outlining certain areas where the adopted Housing Element could be enhanced to achieve certification as a part of HCD's determination process to make findings of substantial compliance on the Housing Element. These areas include: (1) enhancing analysis and descriptions of base conditions, housing factors and development projections in the Town; (2) responding to questions relating to sitespecific owner interest in development in the Site Inventory; and (3) enhancing programs to affirmatively further fair housing (AFFH) through programs to address fair housing factors and housing mobility; and
WHEREAS, pursuant to the revision authority provided under Resolution No. 09-23, the Town prepared updates to the 2023-2031 Housing Element to address the changes requested by HCD, as shown in Attachment 2 to the accompanying April 20, 2023 staff report to the City Council and accessible at https://los-altos-hills-ca.civilspace.io/en/projects/housing-elementupdate-2023-2031 (the “Update”); this Update contains additional clarifications and programs to serve the policies and goals previously adopted in the 2023-2031 Housing Element, without impacting or deleting previously adopted policies and goals. The additional clarifications and programs are also responsive to changes requested by HCD pursuant to the March 17, 2023 comment letter; as such, preparation of this Update is within the revision authority provided under Resolution No. 09-23; and
WHEREAS, the Town has provided a seven-day public review period for the Update which commenced April 11, 2023; notice was sent to all interested parties who requested notice in writing as required by state law, and such notice and the draft Update were posted on the Town’s website on April 11, 2023 for public review. In addition, the City Council considered the Update pursuant to a public meeting held on April 20, 2023, at which time it considered the entirety of the reports and record before it, and provided an opportunity for members of the public and all interested parties to be heard.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills hereby finds that, based on substantial evidence in the record:

Resolution CC __-23 Page 4 of 6

1. The foregoing recitals are true and correct and are incorporated by reference into this action.

2. Based on the entirety of the record before it, the City Council hereby continues to find and determine that the Update to the 2023-2031 Los Altos Hills Housing Element, as shown in Attachment 2 to the accompanying April 20, 2023 staff report to the City Council and accessible at https://los-altos-hills-ca.civilspace.io/en/projects/housingelement-update-2023-2031, and incorporated herein by this reference (“Update”), is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and 15283 of the CEQA Guidelines and Section 65584 of the California Government Code. The Housing Element is a policy document which does not provide entitlements to any specific land use project and does not contain policies that have potential to result in any direct or indirect physical changes to the environment. Any individual development projects would further undergo additional environmental analysis at the time of future entitlements. Thus, it is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition, CEQA does not apply to regional housing needs determinations made by the City pursuant to Government Code section 65584. Thus, the proposed Update is exempt from CEQA both under Sections 15601(b)(3) and 15283 of the CEQA Guidelines.

3. The Update contains additional clarifications and enhanced programs to serve the policies and goals previously adopted in the 2023-2031 Housing Element. These clarifications and enhancements include: clarifications regarding suitability and development potentials of parcels included in the Site Inventory; modifications and clarifications regarding multi-family zoning and site development capacity; enhanced programs to affirmatively furthering fair housing such as addressing housing mobility and increasing housing choices throughout Los Altos Hills, removing barriers to accessible and affordable housing, increasing housing opportunities and public outreach, and further removing governmental constraints; and inclusion of additional mid-cycle review process to evaluate the Town’s progress in achieving its Housing Element goals. The clarifications and enhancements contained in the Update are consistent with and responsive to the requirements of State Housing Element Law as provided in Government Code section 65580 et seq., including but not limited to Government Code section 65583 (“Housing Element Law”). The 2023-2031 Housing Element and its Update provide clear goals, quantified objectives and schedules of action to, among other things, affirmatively furthering fair housing, removing governmental and nongovernmental constraints, implementing actions regarding special needs and assisted housing, and meeting the Town’s Regional Housing Needs Allocation (“RHNA”) goals at specific income and affordability levels.

4. Pursuant to Government Code sections 65585 (e) and (f) and Resolution No. 09-23, the City Council previously made specific findings under Exhibits A and B to Resolution No. 09-23 to determine the 2023-2031 Housing Element is in substantial compliance with State Housing Element Law. The City Council also determined that, based on

Resolution CC __-23 Page 5 of 6
substantial evidence in the record, including but not limited to: documentation of planned and realized densities of recent and proposed developments, potential of affordable housing in coexistence with institutional uses, the size of suitable development areas and pockets of land on nonvacant sites, large increases in residential and land values, and continued high market demand for residential units and desire to situate in the Los Altos Hills community, that the existing uses on the non-vacant sites identified in the site inventory to accommodate RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period. The City Council finds that the Update contains clarifications and analyses that further support findings made under Resolution No. 09-23 and as such, hereby continues to find and determine that existing uses on non-vacant RHNA sites are likely to be discontinued during the planning period and do not constitute an impediment to planned residential development on the site during the planning period.

5. The City Council continues to find that, based on substantial evidence in the record including Exhibits A and B to this resolution attached hereto and incorporated herein, pursuant to Government section 65585, the 2023-2031 Housing Element and its Update incorporated input from the public and considered the findings, comments, and discussions made by the Department of Housing and Community Development (“HCD”) and by and between the Town and HCD, inclusive of the most recent comment letter from HCD dated March 17, 2023.

6. Consequently, the City Council hereby finds that the Update, as shown in Attachment 2 to the accompanying April 20, 2023 staff report to the City Council and accessible at https://los-altos-hills-ca.civilspace.io/en/projects/housing-element-update-2023- 2031, is determined to be appropriate and responsive to HCD’s requested changes and in furtherance of adopted goals and policies in the Housing Element, all within the revision authority established by Resolution No. 09-23. The City Council hereby approves the Update.

7. The City Council hereby finds that the 2023-2031 Housing Element, inclusive of its Update, continues to be in substantial compliance with State Housing Element Law based on substantial evidence in the record.

8. This Resolution shall become effective upon adoption by the City Council.

9. The Planning Director or their designee is hereby directed to file all necessary material with the HCD for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by the Department to achieve certification.

10. The Planning Director or their designee is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 and 65589.7

Resolution CC __-23 Page 6 of 6
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of April, 2023, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

By: _____________________________
Linda Swan, Mayor
ATTEST:

Deborah Padovan, City Clerk
5336598.1

Findings of Substantial Compliance with
State Housing Element Law
April 2023
Number Gov. Code Section (Reference) Column1 General HE Topic Location in HE Subs. Compliance? 1 65583(a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following: Quantification and Analysis of Need N/A Yes
2 65583(a)(1)
An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.

Quantification and Analysis of
Need 33-46, 70-72 Yes
3 65583(a)(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. Quantification and Analysis of Need 46-59 Yes
4 65583(a)(3)
An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.

Quantification and Analysis of
Need
170-202
85-128
Yes
5 65583(a)(4)(A)
The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:

Zoning for a Variety of Housing
Types
146-148, 229 Yes
6 65583(a)(4)(A)(i) The maximum number of beds or persons permitted to be served nightly by the facility. Zoning for a Variety of Housing Types
146-148 Yes
7 65583(a)(4)(A)(ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.

Zoning for a Variety of Housing
Types
146-148 Yes
8 65583(a)(4)(A)(iii) The size and location of exterior and interior onsite waiting and client intake areas. Zoning for a Variety of Housing Types
146-148 Yes
9 65583(a)(4)(A)(iv) The provision of onsite management. Zoning for a Variety of Housing Types
146-148 Yes
10 65583(a)(4)(A)(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. Zoning for a Variety of Housing Types
146-148 Yes
11 65583(a)(4)(A)(vi) The length of stay. Zoning for a Variety of Housing Types
146-148 Yes
12 65583(a)(4)(A)(vii) Lighting. Zoning for a Variety of Housing Types
146-148 Yes
13 65583(a)(4)(A)(viii) Security during hours that the emergency shelter is in operation. Zoning for a Variety of Housing Types
146-148 Yes
14 65583(a)(4)(B) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). 146-148 Yes 15 65583(a)(4)(C)
A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.

Zoning for a Variety of Housing
Types
N/A Yes
16 65583(a)(4)(D) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.

Zoning for a Variety of Housing
Types
146-148 Yes
Sec. 65583. the housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.

The element shall contain all of the following:
1 Exhibit A

Findings of Substantial Compliance with
State Housing Element Law
April 2023
17 65583(a)(5)
An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).

Actual and Potential
Governmental Constraints 135-161 Yes
18 65583(a)(6)
An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.

Potential and Actual
Nongovernmental Constraints 161-170 Yes
19 65583(a)(7)
An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.

Housing Needs for Special Needs
Populations 62-72 Yes
20 65583(a)(8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system. Miscellaneous 207-209 Yes 21 65583(a)(9)
An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.

Affordable Housing Units AtRisk of Conversion 59-60 Yes 22 65583(a)(9)(A)
The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.

Affordable Housing Units AtRisk of Conversion 59-60 Yes 23 65583(a)(9)(B)
The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.

Affordable Housing Units AtRisk of Conversion 61 Yes
24 65583(a)(9)(C) The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments. Affordable Housing Units AtRisk of Conversion 60-61 Yes 25 65583(a)(9)(D)
The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.

Affordable Housing Units AtRisk of Conversion 202-204 Yes 26 65583(b)(1) A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing. Public Participation 207-211, 125-136, 224-22, 233-242 Yes 27 65583(b)(2)
It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.

Quantification and Analysis of
Need 211 Yes
28 65583(c)
A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:

Schedule of Actions/Programs 212-242 Yes
2

Findings of Substantial Compliance with
State Housing Element Law
April 2023
29 65583(c)(1)
Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.

Schedule of Actions/Programs 214-222 Yes
30 65583(c)(1)(A)
Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.

Schedule of Actions/Programs 214-217 Yes
31 65583(c)(1)(B)
Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.

Schedule of Actions/Programs 214-217,186 Yes
32 65583(c)(1)(C)
Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.

Schedule of Actions/Programs N/A Yes
33 65583(c)(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. Schedule of Actions/Programs 214-222, 237 Yes 34 65583(c)(3)
Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).

Schedule of Actions/Programs 222-227 Yes
35 65583(c)(4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action. Schedule of Actions/Programs 227-228 Yes 36 65583(c)(5)
Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.

Schedule of Actions/Programs 237-244 Yes
37 65583(c)(6)
Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.

Schedule of Actions/Programs 227 Yes
38 65583(c)(7)
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low- , or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.

Schedule of Actions/Programs 218-221, 223, 241-242, 244Yes 39 65583(c)(8) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. Schedule of Actions/Programs 214-244 Yes 40 65583(c)(9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. Public Participation 1-5 Yes
41 65583(c)(10)(A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:

Affirmatively Further Fair
Housing
74-136 Yes
42 65583(c)(10)(A)(i) A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity. Affirmatively Further Fair Housing
78-83 Yes
43 65583(c)(10)(A)(ii)
An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.

Affirmatively Further Fair
Housing
74-136 Yes
44 65583(c)(10)(A)(iii) An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii). Affirmatively Further Fair Housing
123-136 Yes
45 65583(c)(10)(A)(iv) An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.

Affirmatively Further Fair
Housing
126-136 Yes
46 65583(c)(10)(A)(v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.

Affirmatively Further Fair
Housing
126-136 Yes
3

Findings of Substantial Compliance with
State Housing Element Law
April 2023
47 65583(c)(10)(B)
A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.

Affirmatively Further Fair
Housing
N/A Yes
48 65583(c)(10)(C) The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021. Affirmatively Further Fair Housing
N/A Yes
49 65583(d)(1)
A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.

Zoning for a Variety of Housing
Types
N/A Yes
50 65583(d)(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.

Zoning for a Variety of Housing
Types
N/A Yes
51 65583(d)(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following: N/A Yes 52 65583(d)(3)(A) How the joint facility will meet the jurisdiction’s emergency shelter need. Zoning for a Variety of Housing Types
N/A Yes
53 65583(d)(3)(B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility. Zoning for a Variety of Housing Types
N/A Yes
54 65583(d)(3)(C) The amount and source of the funding that the jurisdiction contributes to the facility. Zoning for a Variety of Housing Types
N/A Yes
55 65583(d)(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter. Zoning for a Variety of Housing Types
N/A Yes
56 65583(e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following: N/A Yes 57 65583(e)(1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section. N/A Yes 58 65583(e)(2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02. N/A Yes 59 65583(f)
The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:

N/A Yes
60 65583(f)(1) The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency. N/A Yes 61 65583(f)(2) The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints. N/A Yes 62 65583(f)(3) The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080. N/A Yes
63 The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution. N/A Yes 64 65583(g)(1)
If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

N/A Yes
65 65583(g)(2) A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:

N/A Yes
66 65583(g)(2)(A)
The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

N/A Yes
67 65583(g)(2)(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. N/A Yes 68 65583(g)(3)
The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.

N/A Yes
69 65583(g)(4)
For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.

N/A Yes
70 65583(h) An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure. N/A Yes 71 65583(i)
Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.

N/A Yes
72 65583(j)
On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.

N/A Yes
4

Findings of Substantial Compliance with
State Housing Element Law
April 2023
73 65583.1(a)
The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.

Methods for identifying
adequate sites/site inventory N/A Yes
74 65583.1(b)
Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.

Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.

Methods for identifying
adequate sites/site inventory N/A Yes
75 65583.1(c)(1)
The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the community’s obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:

Methods for identifying
adequate sites/site inventory N/A Yes
76 65583.1(c)(1)(A) Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision. Methods for identifying adequate sites/site inventory N/A Yes
77 65583.1(c)(1)(B) Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.

Methods for identifying
adequate sites/site inventory N/A Yes
78 65583.1(c)(1)(C) Demonstrate that the units meet the requirements of paragraph (2). Methods for identifying adequate sites/site inventory N/A Yes
79 65583.1(c)(2) Only units that comply with subparagraph (A), (B), (C), (D), or (E) qualify for inclusion in the housing element program described in paragraph (1), as follows: Methods for identifying adequate sites/site inventory N/A Yes
80 65583.1(c)(2)(A) Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the community’s stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be “substantially rehabilitated” unless all of the following requirements are met:

Methods for identifying
adequate sites/site inventory N/A Yes
81 65583.1(c)(2)(A)(i)
At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months’ rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.

Methods for identifying
adequate sites/site inventory N/A Yes
82 65583.1(c)(2)(A)(ii) The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 55 years or the time period required by any applicable federal or state law or regulation.

Methods for identifying
adequate sites/site inventory N/A Yes
83 65583.1(c)(2)(A)(iii) Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.

Methods for identifying
adequate sites/site inventory N/A Yes
84 65583.1(c)(2)(B)
Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community’s stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:

Methods for identifying
adequate sites/site inventory N/A Yes
85 65583.1(c)(2)(B)(i) The unit is made available for rent at a cost affordable to low- or very low income households. Methods for identifying adequate sites/site inventory N/A Yes
86 65583.1(c)(2)(B)(ii) At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following: Methods for identifying adequate sites/site inventory N/A Yes
87 65583.1(c)(2)(B)(ii)(I) Low-income households, if the unit will be made affordable to low-income households. Methods for identifying adequate sites/site inventory N/A Yes
88 65583.1(c)(2)(B)(ii)(II) Very low income households, if the unit will be made affordable to very low income households. Methods for identifying adequate sites/site inventory N/A Yes
89 65583.1(c)(2)(B)(iii)
At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months’ rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.

Methods for identifying
adequate sites/site inventory N/A Yes
90 65583.1(c)(2)(B)(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. Methods for identifying adequate sites/site inventory N/A Yes
91 65583.1(c)(2)(B)(v) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years. Methods for identifying adequate sites/site inventory N/A Yes
92 65583.1(c)(2)(B)(vi) For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.

Methods for identifying
adequate sites/site inventory N/A Yes
93 65583.1(c)(2)(C) Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:

Methods for identifying
adequate sites/site inventory N/A Yes
5

Findings of Substantial Compliance with
State Housing Element Law
April 2023
94 65583.1(c)(2)(C)(i) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 55 years.

Methods for identifying
adequate sites/site inventory N/A Yes
95 65583.1(c)(2)(C)(ii) The unit is within an “assisted housing development,” as defined in paragraph (3) of subdivision (a) of Section 65863.10. Methods for identifying adequate sites/site inventory N/A Yes
96 65583.1(c)(2)(C)(iii) The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next eight years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.

Methods for identifying
adequate sites/site inventory N/A Yes
97 65583.1(c)(2)(C)(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. Methods for identifying adequate sites/site inventory N/A Yes
98 65583.1(c)(2)(C)(v) At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income. Methods for identifying adequate sites/site inventory N/A Yes
99 65583.1(c)(2)(D)
Units in a motel, hotel, or hostel that are converted with committed assistance from the city or county from nonresidential to residential by the acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community’s stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:

Methods for identifying
adequate sites/site inventory N/A Yes
100 65583.1(c)(2)(D)(i) The unit is part of a long-term recovery response to COVID-19. Methods for identifying adequate sites/site inventory N/A Yes
101 65583.1(c)(2)(D)(ii) The unit is made available for people experiencing homelessness as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. Methods for identifying adequate sites/site inventory N/A Yes
102 65583.1(c)(2)(D)(iii) The unit is made available for rent at a cost affordable to low- or very low income households. Methods for identifying adequate sites/site inventory N/A Yes
103 65583.1(c)(2)(D)(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. Methods for identifying adequate sites/site inventory N/A Yes
104 65583.1(c)(2)(D)(v) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years. Methods for identifying adequate sites/site inventory N/A Yes
105 65583.1(c)(2)(D)(vi) This subparagraph shall remain in effect only for the sixth revision of the housing element pursuant to Section 65588. Methods for identifying adequate sites/site inventory N/A Yes
106 65583.1(c)(2)(E) All spaces in a mobilehome park, as defined in subdivision (a) of Section 18214 of the Health and Safety Code, that is acquired with committed assistance from the city or county where any of the following apply:

Methods for identifying
adequate sites/site inventory N/A Yes
107 65583.1(c)(2)(E)(i) The mobilehome park will be acquired with financing that includes a loan from the department pursuant to Section 50783 or 50784.5 of the Health and Safety Code. Methods for identifying adequate sites/site inventory N/A Yes
108 65583.1(c)(2)(E)(ii) At least 50 percent of the current residents in the mobilehome park to be acquired are lower-income households and the entity acquiring the park agrees to enter into a regulatory agreement for a minimum of 55 years that requires both of the following:

Methods for identifying
adequate sites/site inventory N/A Yes
109 65583.1(c)(2)(E)(ii)(I) All vacant spaces shall be rented at a space rent that does not exceed 50 percent of maximum rent limits established by the California Tax Credit Allocation Committee at 60 percent of the area median income.

Methods for identifying
adequate sites/site inventory N/A Yes
110 65583.1(c)(2)(E)(ii)(II) The space rent for existing residents at the time of the acquisition of the property, both during the 12 months preceding the acquisition and during the term of the regulatory agreement, shall not increase more than 5 percent in any 12-month period.

Methods for identifying
adequate sites/site inventory N/A Yes
111 65583.1(c)(3)
This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.

Methods for identifying
adequate sites/site inventory N/A Yes
112 65583.1(c)(4)
For purposes of this subdivision, “committed assistance” means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the third year of the planning period that obligates sufficient available funds or other in-kind services to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. “Committed assistance” does not include tenant-based rental assistance.

Methods for identifying
adequate sites/site inventory N/A Yes
113 65583.1(c)(5) For purposes of this subdivision, “net increase” includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.

Methods for identifying
adequate sites/site inventory N/A Yes
114 65583.1(c)(6) For purposes of this subdivision, “the time the unit is identified” means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.

Methods for identifying
adequate sites/site inventory N/A Yes
115 65583.1(c)(7)
In the fourth year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by the end of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2), the city or county shall, not later than the end of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.

Methods for identifying
adequate sites/site inventory N/A Yes
116 65583.1(d)
A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.

Methods for identifying
adequate sites/site inventory N/A Yes
117 65583.2(a)
A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g):

Inventory of land suitable for
development / vacant sites 180-204 Yes
118 65583.2(a)(1) Vacant sites zoned for residential use. Inventory of land suitable for development / vacant sites 196-199 Yes
6

Findings of Substantial Compliance with
State Housing Element Law
April 2023
119 65583.2(a)(2) Vacant sites zoned for nonresidential use that allows residential development. Inventory of land suitable for development / vacant sites N/A Yes
120 65583.2(a)(3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county. Inventory of land suitable for development / vacant sites N/A Yes
121 65583.2(a)(4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county.

Inventory of land suitable for
development / vacant sites 187-196 Yes
122 65583.2(b) The inventory of land shall include all of the following: Inventory of land suitable for development / vacant sites Appendix A; A-1-A-6 Yes
123 65583.2(b)(1) A listing of properties by assessor parcel number. Inventory of land suitable for development / vacant sites Appendix A; A-1-A-6 Yes
124 65583.2(b)(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property. Inventory of land suitable for development / vacant sites Appendix A; A-1-A-6 Yes
125 65583.2(b)(3) For nonvacant sites, a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

Inventory of land suitable for
development / vacant sites 187-196 Yes
126 65583.2(b)(4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.

Inventory of land suitable for
development / vacant sites 199-204 Yes
127 65583.2(b)(5)(A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. Inventory of land suitable for development / vacant sites 169-172, 200 Yes
128 65583.2(b)(5)(B)
Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory.

Inventory of land suitable for
development / vacant sites 169-172, 200 Yes
129 65583.2(b)(6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis. Inventory of land suitable for development / vacant sites Appendix A; A-1-A-6 Yes
130 65583.2(b)(7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan, for reference purposes only. Inventory of land suitable for development / vacant sites 186 Yes
131 65583.2(c)
Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing, and whether the inventory affirmatively furthers fair housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:

Inventory of land suitable for
development / vacant sites 186-200, 216-219 Yes
132 65583.2(c)(1)
If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.

Inventory of land suitable for
development / vacant sites 174-179,184-199 Yes
133 65583.2(c)(2)
The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583, the realistic development capacity for the site, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

Inventory of land suitable for
development / vacant sites 174-179,184-199 Yes
134 65583.2(c)(2)(A)
A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing.

Inventory of land suitable for
development / vacant sites N/A Yes
135 65583.2(c)(2)(B)
A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph, "site" means that portion of parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision.

Inventory of land suitable for
development / vacant sites 175-180, 220 Yes
136 65583.2(c)(2)(C) A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.

Inventory of land suitable for
development / vacant sites N/A Yes
137 65583.2(c)(3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following: Inventory of land suitable for development / vacant sites N/A Yes
138 65583.2(c)(3)(A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.

Inventory of land suitable for
development / vacant sites N/A Yes
139 65583.2(c)(3)(B) The following densities shall be deemed appropriate to accommodate housing for lower income households: Inventory of land suitable for development / vacant sites N/A Yes
140 65583.2(c)(3)(B)(i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre. Inventory of land suitable for development / vacant sites N/A Yes
141 65583.2(c)(3)(B)(ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre. Inventory of land suitable for development / vacant sites N/A Yes
7

Findings of Substantial Compliance with
State Housing Element Law
April 2023
142 65583.2(c)(3)(B)(iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. Inventory of land suitable for development / vacant sites 173 Yes
143 65583.2(c)(3)(B)(iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre. Inventory of land suitable for development / vacant sites N/A Yes
144 65583.2(c)(4)(A) For a metropolitan jurisdiction: Inventory of land suitable for development / vacant sites N/A Yes
145 65583.2(c)(4)(A)(i) At least 25 percent of the jurisdiction’s share of the regional housing need for moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing, but not more than 100 units per acre of housing.

Inventory of land suitable for
development / vacant sites N/A Yes
146 65583.2(c)(4)(A)(ii) At least 25 percent of the jurisdiction’s share of the regional housing need for above moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing. Inventory of land suitable for development / vacant sites N/A Yes
147 65583.2(c)(4)(B) The allocation of moderate-income and above moderate-income housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the following: Inventory of land suitable for development / vacant sites N/A Yes
148 65583.2(c)(4)(B)(i) Deny a project that does not comply with the allocation. Inventory of land suitable for development / vacant sites N/A Yes
149 65583.2(c)(4)(B)(ii) Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof. This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in lieu thereof, pursuant to any other law.

Inventory of land suitable for
development / vacant sites N/A Yes
150 65583.2(c)(4)(B)(iii) The provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites pursuant to this section. Inventory of land suitable for development / vacant sites N/A Yes
151 65583.2(c)(4)(C) This paragraph does not apply to an unincorporated area. Inventory of land suitable for development / vacant sites N/A Yes
152 65583.2(c)(4)(D) For purposes of this paragraph: Inventory of land suitable for development / vacant sites N/A Yes
153 65583.2(c)(4)(D)(i) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5. Inventory of land suitable for development / vacant sites N/A Yes
154 65583.2(c)(4)(D)(ii)
“Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Section 65852.2 or Section 65852.22 or through a local ordinance or other provision implementing either of those sections. This paragraph shall not limit the ability of a local government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report submitted pursuant to Section 65400 or other progress report as determined by the department.

Inventory of land suitable for
development / vacant sites N/A Yes
155 65583.2(c)(4)(E) Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land.

Inventory of land suitable for
development / vacant sites N/A Yes
156 65583.2(d)
For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.

Inventory of land suitable for
development / vacant sites N/A Yes
157 65583.2(e)(1)
Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.

Inventory of land suitable for
development / vacant sites N/A Yes
158 65583.2(e)(2)(A)(i)
Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2028, inclusive.

Inventory of land suitable for
development / vacant sites N/A Yes
159 65583.2(e)(2)(A)(ii) A county subject to this subparagraph shall utilize the sum existing in the county’s housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.

Inventory of land suitable for
development / vacant sites N/A Yes
160 65583.2(e)(2)(B)
A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle, and a third time, on or before December 31, 2027, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.

Inventory of land suitable for
development / vacant sites N/A Yes
161 65583.2(f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban.

Inventory of land suitable for
development / vacant sites N/A Yes
162 65583.2(g)(1)
For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city’s or county’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.

Inventory of land suitable for
development / vacant sites 175-180, 186-199 Yes
163 65583.2(g)(2)
In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.

Inventory of land suitable for
development / vacant sites N/A (see 190) Yes
164 65583.2(g)(3)
Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low- or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915.

Inventory of land suitable for
development / vacant sites N/A Yes
8

Findings of Substantial Compliance with
State Housing Element Law
April 2023
165 65583.2(h)
The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed use if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.

Inventory of land suitable for
development / vacant sites 214-218 Yes
166 65583.2(i)
For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.

Inventory of land suitable for
development / vacant sites N/A Yes
167 65583.2(j) Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply. Inventory of land suitable for development / vacant sites N/A Yes
168 65583.2(k) For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585. Inventory of land suitable for development / vacant sites N/A Yes
169 65583.2(l)(1) The changes to this section made by Chapter 193 of the Statutes of 2020 shall become operative on January 1, 2022. Inventory of land suitable for development / vacant sites N/A Yes
170 65583.2(l)(2) The changes to this section made by Chapter 193 of the Statutes of 2020 shall not apply to a housing element revision that is originally due on or before January 1, 2022, regardless of the date of adoption by the local agency.

Inventory of land suitable for
development / vacant sites N/A Yes
171 65583.2(m) This section shall remain in effect only until December 31, 2028, and as of that date is repealed. Inventory of land suitable for development / vacant sites N/A Yes
172 65583.3(a)
For a housing element or amendment adopted on or after January 1, 2021, the planning agency shall submit to the department an electronic copy of its inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) of this section with the copy of its housing element or amendment submitted pursuant to subdivision (g) of Section 65585. The local government shall ensure, to the best of its knowledge, that the inventory of land submitted to the department is true and correct. Sites inventory Appendix A; A-1-A-6 Yes
173 65583.3(b)
Notwithstanding subdivision (a) of Section 65301, each local government shall prepare the inventory required under paragraph (3) of subdivision (a) of Section 65583 using standards, forms, and definitions adopted by the department. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this subdivision and subdivision (a) of Section 65583.

Any standards, forms, or definitions adopted to implement this subdivision and subdivision (a) of Section 65583 shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Sites inventory
Appendix A; A-1-A-6 Yes
174 65583.4(a)
Notwithstanding subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583, subdivision (c) of Section 65583.2, and subparagraph (C) of paragraph (4) of subdivision (e) of Section 65588, a local government shall have three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element to complete any rezonings required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 and subdivision (c) of Section 65583.2 if all of the following apply:

Statutory deadline / timeframe
to complete any rezonings, if
applicable
N/A Yes
175 65583.4(a)(1) The statutory deadline in Section 65588 for adoption of the sixth revision of the housing element was in the 2021 calendar year.

Statutory deadline / timeframe
to complete any rezonings, if
applicable
N/A Yes
176 65583.4(a)(2) The local government failed to adopt a sixth revision of the housing element that the department had found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element.

Statutory deadline / timeframe
to complete any rezonings, if
applicable
N/A Yes
177 65583.4(a)(3) The local government adopts a sixth revision of the housing element and the department finds the adopted element to be in substantial compliance with this article within one year of the statutory deadline established pursuant to Section 65888 for adoption of the housing element.

Statutory deadline / timeframe
to complete any rezonings, if
applicable
N/A Yes
178 65583.4(b)(1)
The deadline for completing required rezoning pursuant to subdivision (a) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:

Statutory deadline / timeframe
to complete any rezonings, if
applicable
N/A Yes
179 65583.4(b)(1)(A) The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.

Statutory deadline / timeframe
to complete any rezonings, if
applicable
N/A Yes
180 65583.4(b)(1)(B) The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.

Statutory deadline / timeframe
to complete any rezonings, if
applicable
N/A Yes
181 65583.4(b)(1)(C) The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

Statutory deadline / timeframe
to complete any rezonings, if
applicable
N/A Yes
182 65583.4(b)(2) The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.

Statutory deadline / timeframe
to complete any rezonings, if
applicable
N/A Yes
183 65584.0(a)(1)
For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected need for housing for each region pursuant to this article. For purposes of subdivision (a) of Section 65583, the share of a city or county of the regional housing need shall include that share of the housing need of persons at all income levels within the area significantly affected by the general plan of the city or county.

AFFH/RHNA 34, 173 Yes
184 65584.0(a)(2)
It is the intent of the Legislature that cities, counties, and cities and counties should undertake all necessary actions to encourage, promote, and facilitate the development of housing to accommodate the entire regional housing need, and reasonable actions should be taken by local and regional governments to ensure that future housing production meets, at a minimum, the regional housing need established for planning purposes. These actions shall include applicable reforms and incentives in Section 65582.1.

AFFH/RHNA N/A Yes
9

Findings of Substantial Compliance with
State Housing Element Law
April 2023
185 65584.0(a)(3)
The Legislature finds and declares that insufficient housing in job centers hinders the state’s environmental quality and runs counter to the state’s environmental goals. In particular, when Californians seeking affordable housing are forced to drive longer distances to work, an increased amount of greenhouse gases and other pollutants is released and puts in jeopardy the achievement of the state’s climate goals, as established pursuant to Section 38566 of the Health and Safety Code, and clean air goals.

AFFH/RHNA N/A Yes
186 65584.0(b)
The department, in consultation with each council of governments, shall determine each region’s existing and projected housing need pursuant to Section 65584.01 at least two years prior to the scheduled revision required pursuant to Section 65588. The appropriate council of governments, or for cities and counties without a council of governments, the department, shall adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county at least one year prior to the scheduled revision for the region required by Section 65588.

The allocation plan prepared by a council of governments shall be prepared pursuant to Sections 65584.04 and 65584.05.

AFFH/RHNA N/A Yes
187 65584.0(c)
Notwithstanding any other provision of law, the due dates for the determinations of the department or for the council of governments, respectively, regarding the regional housing need may be extended by the department by not more than 60 days if the extension will enable access to more recent critical population or housing data from a pending or recent release of the United States Census Bureau or the Department of Finance. If the due date for the determination of the department or the council of governments is extended for this reason, the department shall extend the corresponding housing element revision deadline pursuant to Section 65588 by not more than 60 days.

AFFH/RHNA N/A Yes
188 65584.0(d) The regional housing needs allocation plan shall further all of the following objectives: AFFH/RHNA N/A Yes 189 65584.0(d)(1) Increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner, which shall result in each jurisdiction receiving an allocation of units for low- and very low income households. AFFH/RHNA N/A Yes 190 65584.0(d)(2) Promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, the encouragement of efficient development patterns, and the achievement of the region’s greenhouse gas reductions targets provided by the State Air Resources Board pursuant to Section 65080. AFFH/RHNA N/A Yes 191 65584.0(d)(3) Promoting an improved intraregional relationship between jobs and housing, including an improved balance between the number of low-wage jobs and the number of housing units affordable to lowwage workers in each jurisdiction. AFFH/RHNA N/A Yes 192 65584.0(d)(4) Allocating a lower proportion of housing need to an income category when a jurisdiction already has a disproportionately high share of households in that income category, as compared to the countywide distribution of households in that category from the most recent American Community Survey. AFFH/RHNA N/A Yes 193 65584.0(d)(5) Affirmatively furthering fair housing. AFFH/RHNA N/A Yes 194 65584.0(e)
For purposes of this section, “affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

AFFH/RHNA N/A Yes
195 65584.0(f) For purposes of this section, “household income levels” are as determined by the department as of the most recent American Community Survey pursuant to the following code sections: AFFH/RHNA N/A Yes 196 65584.0(f)(1) Very low incomes as defined by Section 50105 of the Health and Safety Code. AFFH/RHNA N/A Yes 197 65584.0(f)(2) Lower incomes, as defined by Section 50079.5 of the Health and Safety Code. AFFH/RHNA N/A Yes 198 65584.0(f)(3) Moderate incomes, as defined by Section 50093 of the Health and Safety Code. AFFH/RHNA N/A Yes 199 65584.0(f)(4) Above moderate incomes are those exceeding the moderate-income level of Section 50093 of the Health and Safety Code. AFFH/RHNA N/A Yes 200 65584.0(g) Notwithstanding any other provision of law, determinations made by the department, a council of governments, or a city or county pursuant to this section or Section 65584.01, 65584.02, 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 are exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). AFFH/RHNA N/A Yes 201 65584.09(a)
For housing elements due pursuant to Section 65588 on or after January 1, 2006, if a city or county in the prior planning period failed to identify or make available adequate sites to accommodate that portion of the regional housing need allocated pursuant to Section 65584, then the city or county shall, within the first year of the planning period of the new housing element, zone or rezone adequate sites to accommodate the unaccommodated portion of the regional housing need allocation from the prior planning period.

Rezoning / RHNA N/A Yes
202 65584.09(b) The requirements under subdivision (a) shall be in addition to any zoning or rezoning required to accommodate the jurisdiction’s share of the regional housing need pursuant to Section 65584 for the new planning period. Rezoning / RHNA N/A Yes
203 65584.09(c)
Nothing in this section shall be construed to diminish the requirement of a city or county to accommodate its share of the regional housing need for each income level during the planning period set forth in Section 65588, including the obligations to (1) implement programs included pursuant to Section 65583 to achieve the goals and objectives, including programs to zone or rezone land, and (2) timely adopt a housing element with an inventory described in paragraph (3) of subdivision (a) of Section 65583 and a program to make sites available pursuant to paragraph (1) of subdivision (c) of Section 65583, which can accommodate the jurisdiction’s share of the regional housing need.

Rezoning / RHNA N/A Yes
10

Town of Los Altos Hills Housing Element Update - April 10, 2023 Response to March 17, 2023 HCD Comment Letter # Chapter Topic HCD Comment Section / Page Response
1 Review and
Revision
The element now states rezones in Program 19 (Support Foothill College) were not necessary to meet the Town’s 5th Cycle Regional Housing Needs Allocation (RHNA), however, it generally was not revised to address HCD’s prior finding. For example, as noted in the prior review, rezoning to allow multifamily uses and promote a variety of housing types was essential to meeting statutory requirements, regardless of RHNA. The element should discuss the progress or lack of progress in implementation. Then, the element should discuss the effectiveness of efforts to determine appropriate actions moving forward into the 6th cycle. Please see HCD’s prior review for additional information.

Review of Past
Accomplishments:

Effectiveness at
Serving SpecialNeeds Population /
5th Cycle (2016-
2023) Housing
Programs
p. 14, 24-26
Revised Table 2: Review and Continued Appropriateness of 5th Cycle Programs to describe the lack of progress in implementation of amending the General Plan designation and zoning code to allow multifamily residential on PC (Public College) designated sites. Noted new programs to rezone to MF and other land use changes and actions to meet RHNA, AFFH and provide variety of housing choice, access, mobility.

Noted that the Town fully met its 5th Cycle RHNA including for each income category. 2 Housing Needs,
Resources, and
Constraints
Income and Racial
Concentration of
Affluence (RCAA)
While the element was revised to include some analysis on income and RCAA, the analysis must still address trends, conditions, coincidence with other fair housing factors (e.g., race, highest resource, overpayment), effectiveness or absence of past strategies (e.g., lack of publicly assisted housing and lack of multifamily zoning), local data and knowledge and other relevant factors.

Racially
Concentrated Areas
of Affluence / 101-
104
Included trends and coincidence with other fair housing factors ( race, highest resource, overpayment, income, etc). Noted the historic racial covenants in the past and how that local knowledge contributes to the current demographic makeup of these tracts. Sited programs and actions included promoting housing mobility and lower income housing in higher resource areas. Noted the rezoning to multifamily as a response to the RCAA conditions.
3 Housing Needs,
Resources, and
Constraints
Identified Sites and
Affirmatively
Furthering Fair
Housing (AFFH)
The element now includes some general discussion of identified sites and concentrations of socio-economic characteristics. For example, the element states the entire Town is the highest resource category and all of the sites are in a highest resource area. However, to understand whether identified sites AFFH, the element should discuss the location (e.g., planning area, neighborhood, census tract) of the RHNA by income group then evaluate the impact, including any spreading, mixing, isolation or lack of identifying RHNA in certain neighborhoods.

Please see HCD’s prior review for additional information.

Affirmatively
Furthering Fair
Housing:

Assessment of Fair
Housing - Town
Overview
p.85-88
Added a table to the Town Overview in the AFFH to compare the tracts in the City and to show that there is no significant, pervasive pattern of segregation that could be exacerbated by site selection or location. Cited programs that promote housing mobility and housing options of various income levels in high opportunity areas
4 Housing Needs,
Resources, and
Constraints
Contributing
Factors to Fair
Housing Issues
Based on the outcomes of a complete analysis, the element should re-assess contributing factors and prioritize those factors then formulate appropriate policies and programs.

Affirmatively
Furthering Fair
Housing:

Fairhousing Issues,
Contributing
Factors, and
Meaningful Action
p. 133-143
Revised Table 47 to include Programs to increase lower income housing opportunities in higher resource areas, including
• Program G-2: ADU and SB 9 Education
• Program E-11: Incentives for Lower-Income Housing Development • Program A-12: Conversion to Duplex or Triplex
• Program G-5: Tenant Matching and Outreach
5 Housing Needs,
Resources, and
Constraints
Realistic Residential
Capacity
While the element was revised to utilize a minimum density of 20 dwelling units per acre, the realistic residential capacity must still account for the likelihood that development will occur according to the uses allowed by the proposed multifamily overlay zone as opposed to the base zone. Please see HCD’s prior review.

Housing Resources:

Realistic Capacity /
Affordability -
Density
p. 174-179,
Appendix C
The Twin Oaks site will be rezoned to Multi-Family with a minimum 20 du/ac density, not an overlay zone. The Twin Oaks site is being expanded to include an adjacent 2.15-acre parcel for a total of 14.9 acres.

The Town has already received an application for the development of mixed-income housing including lower-income, seniors and farmworker housing in excess of the projected number of lower-, moderateincome units.

The property owner of the adjacent 2.15-acre parcel has submitted a letter of interest and commitment to build affordable housing within the 8 year period.

The Foothill College and St. Nicholas school sites are infill opportunities within each school campus. No existing school operations would need to be eliminated. New housing would be in addition to, not replacement of existing school uses. The infill areas would make use of vacant or underutilized areas such as parking lots and open space for new residential development. 6 Housing Needs,
Resources, and
Constraints
Suitability of
Nonvacant Sites
The element generally was not revised to address this finding. The element must still demonstrate the potential for redevelopment on nonvacant sites. For example, the element must consider factors including the extent to which existing uses may impede additional residential development, including market demand for the current uses, leases or other indicators of turnover in uses. Please see HCD’s prior review for additional information.

Housing Resources:

Site Descriptions -
Non-Vacant Sites
p. 187-188, 190, 192-
193, 195-196, 198-
199, Appendix C
The existing educational uses will not impede residential development. The Foothill College and St.

Nicholas school sites are infill opportunities within each school campus. No existing school operations would need to be eliminated. New housing would be in addition to, not replacement of existing school uses. The infill areas would make use of vacant or underutilized areas such as parking lots and open space for new residential development.

The Foothill College and St. Nicholas School sites each have available vacant and underutilized areas suitable for infill housing development within each school's campus. New housing would be in addition to, not a replacement of existing school uses. The infill areas would make use of vacant or underutilized areas such as parking lots and open space for new residential development. 1 of 5
Exhibit B

Town of Los Altos Hills Housing Element Update - April 10, 2023 Response to March 17, 2023 HCD Comment Letter # Chapter Topic HCD Comment Section / Page Response
7 Housing Needs,
Resources, and
Constraints
Suitability of
Nonvacant Sites
In addition, regarding owner interest in development, the element indicates owner interest but the documentation does not appear to match or is irrelevant to the element’s conclusion. For example, the element includes a letter from the College but the letter does not affirmatively state an interest in development. Instead, it mentions a willingness to work with the Town if housing is pursued. The element should either provide affirmatively documentation of interest in residential development in the planning period or other analysis demonstrating the potential for redevelopment in the planning period.

Housing Resources:

Site Descriptions -
Non-Vacant Sites
p. 187-188, 190, 192-
193, 195-196, 198-
199, Appendix C
The Town has already received an application for the development of mixed-income housing on Twin Oaks, including lower-income, seniors and farmworker housing in excess of the projected number of lower-, moderate-income units.

The property owner of the adjacent 2.15-acre parcel has submitted a letter of interest and commitment to build affordable housing within the 8 year period.

The Foothill College and St. Nicholas School sites each have available vacant and underutilized areas suitable for infill housing development within each school's campus. New housing would be in addition to, not a replacement of existing school uses. The infill areas would make use of vacant or underutilized areas such as parking lots and open space for new residential development.

Included new letters of interest from Foothill College, Twin Oaks, and Arastradero in Appendix C These plans demonstrate market interest, feasibility, and development potential for the Twin Oaks site as well as for the other RHNA sites.
8 Housing Needs,
Resources, and
Constraints
Suitability of
Nonvacant Sites
Finally, while the element notes that greater than 50 percent of the lower-income RHNA is identified on vacant sites, upon a complete analysis of identified sites, if this conclusion changes, specific actions are necessary if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period.

Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA. While the resolution of adoption includes the appropriate findings, any changes to the analysis should be reflected in future re-adoption of the element.

Housing Resources:

Site Descriptions -
Non-Vacant Sites
p. 184-185, 187-188,
Appendix C
The percent of Lower-Income RHNA units provided on non-vacant sites remains unchanged at 35%.

Therefore, no finding in the adoption resolution is required. However, since adoption of the prior draft on January 31, 2023, the Town has received substantial evidence demonstrating that the existing uses do not impede development of housing during the planning period.

The Town has received development for one of the sites that would meet and exceed the projected LIH and Moderate-income RHNA.

It has also received a request to include an adjacent 2.15-acre parcel in the proposed rezone from R-A to Multifamily and a commitment to building affordable housing during the next 8 years.

The Town has also received a letter from Foothill College that confirms its interest and affirmative actions, including $200 million in funding for housing for the period between January 1, 2023 through December 31, 2027.
9 Housing Needs,
Resources, and
Constraints
Large Sites While the element was revised to add Program A-11 (Large Sites) to encourage development on large sites, it must still provide analysis as to how development will occur on smaller portions of the large sites listed in the inventory, how this development will accommodate the lower income RHNA and modify Program A-11 as appropriate, including establishing additional incentives. Please see HCD’s prior review for additional information.

Housing Resources:

Affordability - Large
Sites
p. 174, 178-179
This section has been revised to clarify that the proposed development sites are less than 10 acres.

Program A-11 and further incentives are not needed. Noted that the Town has already received an application to develop high density housing meeting or exceeding the projected lower, moderate and above moderate RHNA units. Added clarification of how development will occur on smaller development site portions of the non-vacant college and school properties, including ownership and the site plan review process.
10 Housing Needs,
Resources, and
Constraints
Senate Bill 9
(Statutes of 2021)
Projections
While the element was revised to include a site-specific inventory of sites where SB 9 projections are being applied, it must still include programs and policies that implement incentives to encourage and facilitate SB 9 development.

Programs: B-10
(225), G-2 (242), and
G-5 (244)
The element was revised to include programs that remove constraints to SB 9 unit development and facilitate the creation of SB 9 units. The following programs were amended or added:
- Program G-5 includes developing materials for residents seeking tenants for ADU and SB9 units. - Program B-10 was revised to ensure that the SB 9 ordinance complies with all SB 9 standards in as prescribed in State Law.
- Program G-2 was modified to include an educational component for SB 9 units. The Town will also provide a pamphlet with detailed information on SB 9 opportunities in the City. This will include a FAQ and detailed guidance on how to utilize SB 9 in the City. 11 Housing Needs,
Resources, and
Constraints
Accessory Dwelling
Units (ADU)
The element now incorporates survey information into the ADU projection analysis, but it must still add and analyze market rents from comparable and nearby communities. Additionally, projections and affordability assumptions still do not appear to consider other relevant factors such as availability of units for rent.

Housing Resources:

Sites Descriptions -
Ability to Meet the
RHNA
p. 199
Added and analyzed market rents from comporable and nearby communities including Santa Clara County. The rent charged for the majority of Los Altos Hills ADUs and JADUs align with Santa Clara County affordability parameters for moderate- income and below moderate-income households. All the studio units were being rented at the extremely low- to moderate- income categories and 83 percent of 1- bedroom units are affordable to extremely low- to low-income households. Nearly 93 percent of 2-bedroom units were affordable to below moderate-income households.

Identified the number of units available for rent. There are currently four ADUs listed on Zillow for rent in Los Altos Hills including two 1-bedroom and two 2-bedroom ADUs with a median asking rent of $3,100. The rent and availability data support the ADU projections and affordability assumptions. 2 of 5

Town of Los Altos Hills Housing Element Update - April 10, 2023 Response to March 17, 2023 HCD Comment Letter # Chapter Topic HCD Comment Section / Page Response
12 Housing Needs,
Resources, and
Constraints
Electronic Sites
Inventory
For your information, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. While the Town has submitted the electronic sites inventory in the appropriate form. Any changes to the inventory should be incorporated and re-submitted as part of re-adoption or future submittals. For more information, please reach out to HCD for technical assistance at [email protected].

N/A The Town has received a letter from Foothill College that confirms the interest and affirmative actions, including $200 million in funding for housing for the period between January 1, 2023 through December 31, 2027.
13 Housing Needs,
Resources, and
Constraints
Zoning for a Variety
of Housing Types
(Emergency
Shelters)
The element now clarifies that emergency shelters are permitted in the R-A without discretionary action, and revised Program E-2 (Emergency Shelters) to include a broad commitment to adopt development standards in compliance with statute. However, the element must still evaluate the impacts of development standards on development capacity. For example, the analysis should account for proximity criteria. In addition, the Program should specifically commit to address identified constraints, as opposed to a broad commitment. For example, the program should specifically commit to address spacing or proximity provisions, bed limits and parking requirements. Finally, as stated in HCD’s prior review, statute was recently amended to specify how to demonstrate suitable sites and sufficient capacity to accommodate the need for emergency shelters. Future submittals may need to address these requirements. For more information and applicable timing, see HCD’s AB 2993 memorandum at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339- notice.pdf.

Constraints on
Housing:

Governmental
Constraints -
Providing for a
Variety of Housing
Types (Emergengy
Shelters)
p. 149-150
The Emergency Shelters section was revised and expanded upon to evaluate the impacts of development standards on development capacity as well as included the amended Program E-2 which removes identified constraints pursuant to AB 139.

Added analysis to demonstrate suitable sites and sufficient capacity for emergency shelters pursuant to AB 2993.
14 Housing Needs,
Resources, and
Constraints
Land Use Controls . Constraining:

Development
Review and
Permitting
Procedures -
Grading Policy, Story
Pole Policy.
p. 157
Added analysis indicating that story poles are not a constraint to development. They are conducted concurrently within the required review process and do not extend time, and their cost is relatively small in comparison to full entitlement and construction costs. 15 Housing Needs,
Resources, and
Constraints
Land Use Controls In addition, while the adopted element was revised to include some analysis on SB 9 and ADU development on lots marginally smaller than one acre, the analysis must address the one-acre minimum lot size’s impact on housing supply, choices and affordability. Program actions also should commit to adopting appropriate development standards to facilitate intended densities and establish a variety of lot sizes and densities.

Constraints on
Housing:

Governmental
Constraints - Land
Use Controls
p. 141-142
Noted that the one-acre minimum lot size limits the total housing supply in Los Altos Hills, thereby limiting a variety of housing types, increasing the percentage of land as a cost of housing, and limiting housing choice based on cost and qualifying income. The Town is addressing these constraints directly by creating new multifamily zoning in three locations that have the potential for more than twice the total RHNA, and more than 5 times the Lower-Income RHNA and increase the total housing units in Los Altos Hills by 33%. The Town is also facilitating construction of smaller, more affordable and more housing units by permitting, promoting and incentivizing ADUs, SB9, and conversion of existing single family homes to duplexes and triplexes broadly throughout the Town. These changes will affirmatively further fair housing.
16 Housing Needs,
Resources, and
Constraints
Land Use Controls Finally, the element was not revised to analyze standards relating to Government Code sections 65852.21 and 66411.7 (SB 9). Please see HCD’s prior review for additional information.

Constraints on
Housing: Providing
for a Variety of
Housing Types (148-
150) Programs B-10
(225), G-2 (242), and
G-5 (244)
Program B-10 was revised to ensure that the SB 9 ordinance complies with all SB 9 standards in as prescribed in State Law. This includes he following revisions: The Town is in the process of adopting a revised, permanent SB 9 ordinance. The permanent SB 9 ordinance will:
• Allow units beyind the 800 square foot limitation
• Allow units of all income levels, rather than only affordable units. • Allow a newly created SB 9 lot to be consistent with the constrained lot development standards • Allow a SB 9 Lot to propose a house up to a maximum of 2,500 square feet 17 Housing Needs,
Resources, and
Constraints
Fees and Exaction While the element was revised to list the various fees included in the total cost per unit, it should provide the cost for each fee and evaluate their impact on housing cost.

Constrainins on
Housing:

Development
Review and
Permitting
Procedures - Impact
Fees.
p. 157 - 158
Included a total for all fees per project type (Single-Family homes, BP, ADU, residential subdivision).

Added more description on how impact fees are calculated. Described the total cost of impact fees for a typical SFR development.

There are no Multi-Family fees. Future fee schedule will ensure Multi-Family units are not paying more per unit than Single-Family. Proposed that fees be based on the square footage of the Multi-Family unit so smaller units are not penalized by paying same as larger, more expensive units. 18 Housing Needs,
Resources, and
Constraints
Processing and
Permit Procedures
While the element was revised to list the stages of the site development and design review process, it must still provide typical approval findings, typical number of hearings if applicable, and timing and evaluate their impacts on housing supply, cost, feasibility and approval certainty.

Constrainins on
Housing:

Development
Review and
Permitting
Procedures - Permit
Processing times.
p. 155
Noted the number of applications for each type (e.g. SF building permits, ADUs) and the average and median lengths from application to entitlement, time from entitlement to building permit application, time from building permit issuance to completion, total time from application for entitlement to completion. Four of the last 165 permits that have been issued have either been delayed or have had their building permits expired.

Referenced Programs 15 and 4 to address permit streamlining. 3 of 5

Town of Los Altos Hills Housing Element Update - April 10, 2023 Response to March 17, 2023 HCD Comment Letter # Chapter Topic HCD Comment Section / Page Response
19 Housing Needs,
Resources, and
Constraints
Approval Times While the adopted element was revised to provide the length of time it takes to receive a building permit (2-6 months), it must still identify the length of time between receiving approval for housing development and submittal of application for building permits and discuss any hindrances on construction.

Constrainins on
Housing:

Development
Review and
Permitting
Procedures - Permit
Processing times.
p. 155
Noted the number of applications for each type (e.g. SF building permits, ADUs) and the average and median lengths from application to entitlement, time from entitlement to building permit application, time from building permit issuance to completion, total time from application for entitlement to completion.
20 Housing Programs As noted in Finding B2, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs to address an additional shortfall of sites or zoning available to encourage a variety of housing types. Additionally, the element should be revised as follows:

Programs / Program
A-1, Program A-3,
Program A-14,
Program A-12
p. 214-217, 221-222
The element was revised to include a complete sites analysis. Multiple programs were added or revised including:
- Program A-1 to commit to a rezone to multi-family
- Program A-3 noting that no Town-owned parcels were included towards meeting the RHNA -Program A-14 aimed towards identiying a list of backup sites, including a webpage where property owners can volunteer their property for future rezoning Revisions to the programs were also made to address fair housing conditions surrounding site selection.

This includes
-Program A-12 to allow existing, conforming single family residences to be converted to up to three units (i.e., into a duplex or triplex) to increase housing mobility in higher resource areas 21 Housing Programs Shortfall of Sites While Program A-1 (Availability of Adequate Sites for New Housing to meet the RHNA) commits to allowable densities and appropriate development standards, it must still commit to acreage and meeting all the by-right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). Please see HCD’s prior review for additional information.

Programs / Program
A-1
p. 214-215
Program A-1 was revised to commit to acreages for the rezone and overlay zone. 15 acres will be rezoned to a Multi-Family zone. At least 19 acres will be included in the high density multifamily infill overlay zone on institutional parcels.

It was also revised to state that the Town will amend the zoning code to ensure compliance all by-right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (I).

Program A-4 ensures compliance with Government Code section 65583.2 (h) and (I). 22 Housing Programs Program A-3 (Townowned Sites)While the Program commits to identifying sites and comply with the Surplus Land Act, it must still include a schedule of actions to facilitate development, including numerical objectives with affordability.

Programs / Program
A-3
p. 216-217
There are no Town-owned parcels in the RHNA sites inventory. Program A-3 does not, and has not in any previous draft committed to identifying Town-owned sites in the RHNA; the Program was revised to clarify that there are no Town-owned sites in the RHNA and to review Town-owned sites for their housing potential in the planning period.

The Program was revised as follows: There are no Town-owned properties included in the RHNA. Should a Town-owned property be identified as surplus through the annual review, the City will establish a schedule and process for disposition via an RFP process within 6 months of identification of surplus land. The City will develop a list of active nonprofit housing developers in the region to receive RFPs (by Q1 2025).
23 Housing Programs Program E-2
(Emergency
Shelters)
The Program should specifically commit to the development standards that will be removed or modified (e.g., spacing or proximity provisions, bed limits and parking requirements) and, if necessary, identify an additional zone based on a complete analysis as described in Finding B3.

Program E-2
p. 232
Program E-2 was revised to identify the specific standards to be amended as follows:

Specifically, Section 10-1.702.j of the Zoning Ordinance will be revised to ensure compliance with state law (AB 139) as follows:
• Remove the requirements that emergency shelters be within 1,000 feet of a public transit stop • Require that parking requirements are set based on staff level only Ensure that all standards that apply to emergency shelters are objective 24 Housing Programs Program E-9 (Single
Room Occupancy
(SRO))
While the Program was revised to include actions to allow SROs as an “accessory use” in the proposed multifamily housing overlay, it should further explore and establish additional zoning opportunities given the lack of results in the prior planning period.

Programs / Program
A-12
p. 221
To allow for additional zoning opportunities, Program A-12 was added to allow existing, confirming single family swelling units to be converted into a duplex or a triplex. 25 Housing Programs While the element was revised to include some actions to inform developers of opportunities and incentives to develop units affordable to extremely low income (ELI), these actions alone are not adequately significant and specific given the Town’s lack of implementation and results in the prior planning periods. Please see HCD’s prior review for additional information.

Programs / Program
E-11
p. 237
Program E-11: Incentives for lower income housing development was added. Specific actions includes:
-A density bonus beyond state law for the development of ELI housing units - Develop a program that would provide for financial assistance for infrastructure studies related to sewer and water improvements necessary for affordable housing. 4 of 5

Town of Los Altos Hills Housing Element Update - April 10, 2023 Response to March 17, 2023 HCD Comment Letter # Chapter Topic HCD Comment Section / Page Response
26 Housing Programs As noted in Findings B3 and B4, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the Town may need to revise or add programs and address and remove or mitigate any identified constraints.

Programs / Program
B-10, Program B-15
p. 225, 226
The element was revised to include a complete constraints analysis. Multiple programs were added or revised including:
- Adding Program B-15 to limit committee reviews to one meeting and 30 days. Committee review shall be related to specific, Objective Design standards.
- Revising Program B-10 to remove constraints on SB 9 unit development and ensure compliance with state law.
27 Housing Programs AFFH As noted in Finding B1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, discrete timing, geographic targeting and metrics or numerical targets. Programs, as appropriate, must address housing mobility enhancement, new housing choices and affordability in higher opportunity areas (throughout the Town), placebased strategies for community preservation and revitalization and displacement protection. For example, the element must add significant and meaningful housing mobility and new housing choices and affordability actions (not limited to the RHNA) to overcome the existing patterns in the Town related to the broader region.

Programs / Program
G-2, Program E-11,
Program G-5,
Program A-12
p. 221, 237, 242-244
Included programs to increase lower income housing opportunities in higher resource areas and promote housing mobility inthese areas, including
• Program G-2: ADU and SB 9 Education
• Program E-11: Incentives for Lower-Income Housing Development including adopting a set of density bonus incentives beyond state law for ELI housing units and providing for financial assistance for infrastructure studies related to sewer and water improvements necessary for affordable housing. • Program G-5: Tenant Matching and Outreach to provide applicants at the time they apply for a building permit or ADU permit with contact information for housing service providers that serve lowerincome tenants in the surrounding region. Interested residents can use these materials to find prospective tenants in a larger market area beyond Town limits, including residents of all races, ethnicities, ages, and abilities
•Program A-12 to revise zoning to allow the conversion of existing, conforming, Single-Family homes to duplex or triplex units. This will be applicable to the majority of lots in the Town. 5 of 5

6 th CYCLE

HOUSING PLAN
Town of Los Altos Hills
2023–2031 Housing Element
Adopted January 30, 2023
Updated April 10, 2023 In Response to March 17, 2023, HCD Review Letter
Attachment 2

Town of Los Altos Hills Housing Element
Introduction 1
Table of Contents
INTRODUCTION....................................................................................................................... 8 Purpose and Content................................................................................................................. 8 Relationship to Other Elements and Plans .............................................................................. 8 Public Participation.................................................................................................................... 8 REVIEW OF PAST ACCOMPLISHMENTS................................................................................ 14 Purpose of Review ................................................................................................................... 14 Housing Production................................................................................................................. 14 Previous RHNA Progress (as of December 2021)..........................................................................14 Effectiveness at Serving Special-Needs Populations............................................................. 15 5 th Cycle (2016-2023) Housing Programs ............................................................................... 16 Overall Assessment ................................................................................................................. 40 HOUSING NEEDS ASSESSMENT ............................................................................................ 41 Projected Housing Needs........................................................................................................ 42 Existing Housing Needs........................................................................................................... 43 Population, Employment, and Household Characteristics..........................................................43 Housing Stock Characteristics.........................................................................................................54 Housing Age and Condition.............................................................................................................62 Overpayment.....................................................................................................................................63 Overcrowding....................................................................................................................................67 Assisted Housing Units at Risk of Converting to Market-Rate Rents...........................................67 Special Housing Needs ............................................................................................................ 70 Elderly Persons..................................................................................................................................71 Persons with Disabilities ..................................................................................................................73 Farmworkers .....................................................................................................................................75 Large Households .............................................................................................................................75 Female-Headed Households............................................................................................................76 Homeless Population .......................................................................................................................76 Extremely Low-Income Households................................................................................................78 Summary of Housing Needs ................................................................................................... 81 AFFIRMATIVELY FURTHERING FAIR HOUSING ................................................................... 82 Introduction.............................................................................................................................. 82 Public Outreach........................................................................................................................ 82 Outreach Activities............................................................................................................................82 Organizations Contacted and Consulted.......................................................................................82 Results and Analysis of Outreach ...................................................................................................83

Town of Los Altos Hills Housing Element
Introduction 2
Assessment of Fair Housing.................................................................................................... 86 Town Overview..................................................................................................................................86 Fair Housing Enforcement and Outreach Capacity......................................................................90 Findings..............................................................................................................................................91 Integration and Segregation ................................................................................................... 91 Race Ethnicity ....................................................................................................................................91 Income ...............................................................................................................................................95 Familial Status................................................................................................................................ 100 Persons with Disabilities ............................................................................................................... 103 Findings........................................................................................................................................... 107 Racially & Ethnically Concentrated Areas of Poverty and Affluence.................................. 108 R/ECAPs ........................................................................................................................................... 108 Racially Concentrated Areas of Affluence................................................................................... 109 Disparities in Access to Opportunities ................................................................................. 114 California Tax Credit Allocation Committee (TCAC)................................................................... 114 Transportation............................................................................................................................... 120 CalEnviroScreen 4.0....................................................................................................................... 122 Findings........................................................................................................................................... 124 Disproportionate Housing Needs......................................................................................... 125 Substandard Housing ................................................................................................................... 125 Overcrowding................................................................................................................................. 127 Homelessness................................................................................................................................. 128 Displacement.................................................................................................................................. 130 Findings........................................................................................................................................... 130 Other Contributing Factors ................................................................................................... 131 Historic Land Use Practices .......................................................................................................... 131 Historic Use of Racial Covenants ................................................................................................. 131 Community Opposition to Housing Development..................................................................... 132 Lending Patterns............................................................................................................................ 132 Fair Housing Issues, Contributing Factors, and Meaningful Action................................... 134 CONSTRAINTS ON HOUSING.............................................................................................. 145 Governmental Constraints.................................................................................................... 145 Land Use Controls ......................................................................................................................... 146 Providing for a Variety of Housing Types.................................................................................... 154 Development Review and Permitting Procedures...................................................................... 160 Housing for Persons with Disabilities.......................................................................................... 169 Code Enforcement ......................................................................................................................... 170 On- and Off-Site Improvement Requirements ........................................................................... 170

Town of Los Altos Hills Housing Element
Introduction 3
Nongovernmental Constraints ............................................................................................. 171 Requests to Develop Below the Anticipated Density.................................................................. 171 Land Costs ...................................................................................................................................... 171 Construction Costs......................................................................................................................... 173 Financing Availability .................................................................................................................... 173 Federal and State Programs......................................................................................................... 174 Environmental and Infrastructure Constraints ......................................................................... 174 HOUSING RESOURCES......................................................................................................... 181 Housing Allocation................................................................................................................. 181 No Net Loss Buffer................................................................................................................. 181 Realistic Capacity.................................................................................................................... 182 Housing Production History.................................................................................................. 182 Affordability............................................................................................................................ 183 Density............................................................................................................................................. 183 Large Sites....................................................................................................................................... 183 Site Inventory and Strategy................................................................................................... 188 Existing Capacity and Future Potential ....................................................................................... 188 RHNA Shortfall ............................................................................................................................... 191 RHNA Strategy ................................................................................................................................ 192 Site Descriptions .................................................................................................................... 194 Non-Vacant Sites............................................................................................................................ 195 Vacant and Single-Family Homes (Rezone Sites) ....................................................................... 204 Ability to Meet the RHNA....................................................................................................... 207 Constraints ............................................................................................................................. 207 Infrastructure ................................................................................................................................. 208 Topography .................................................................................................................................... 208 Fire Hazard Areas .......................................................................................................................... 209 Flooding .......................................................................................................................................... 210 Financial Resources ............................................................................................................... 212 Countywide Programs................................................................................................................... 212 Statewide Programs ...................................................................................................................... 214 Energy Conservation.............................................................................................................. 214 HOUSING GOALS, POLICIES, AND PROGRAMS................................................................. 217 General Strategy .................................................................................................................... 217 Encourage New Housing Production........................................................................................... 217 Removal of Governmental Constraints....................................................................................... 218 Conserve, Preserve, and Improve the Housing Stock ................................................................ 219

Town of Los Altos Hills Housing Element
Introduction 4
Special Housing Needs and Assistance ....................................................................................... 219 Affirmatively Furthering Fair Housing ......................................................................................... 220 Housing Awareness, Education and Outreach........................................................................... 220 Quantified Objectives .................................................................................................................... 221 Programs ................................................................................................................................ 221 PROGRAMS........................................................................................................................... 222 A. Housing Production........................................................................................................ 222 B. Constraint Removal........................................................................................................ 230 C. Housing Preservation and Improvement..................................................................... 235 D. Housing Assistance......................................................................................................... 237 E. Special Housing Needs................................................................................................... 239 F. Affirmatively Furthering Fair Housing........................................................................... 245 G. Education and Outreach................................................................................................ 249 APPENDIX A: RHNA SITES LIST............................................................................................... 1 APPENDIX A: VACANT LOTS WITH POTENTIAL SB 9 UNITS................................................. 6 APPENDIX A: LOTS < 1 ACRE SUBJECT TO CDP...................................................................... 0 APPENDIX B: ONLINE SURVEY RESULTS................................................................................ 1 APPENDIX C: OWNER, DEVELOPER INTEREST....................................................................... 1 List of Figures
Figure 1: Population Age Distribution........................................................................................ 45 Figure 2: Regional Racial/Ethnic Composition........................................................................... 47 Figure 3: Regional Employment by Industry ............................................................................. 49 Figure 4: Households by Size...................................................................................................... 51 Figure 5: ADU Rent by Number of Bedrooms ........................................................................... 57 Figure 6: Median Sales Price Over Time .................................................................................... 59 Figure 7: Elderly Households with a Disability .......................................................................... 72 Figure 8: Disability by Type ......................................................................................................... 74 Figure 9: Households by Household Income Level................................................................... 80 Figure 10: Census Tracts and RHNA Sites.................................................................................. 87 Figure 11: Racial and Ethnic Majority, 2019............................................................................... 92 Figure 12: Percentage of the Population that is Non-White, 2010 and 2018 ......................... 93 Figure 13: Non-White Population Comparison of RHNA Units by Town Acreage.................. 94 Figure 14: Low to Moderate Income Population, 2015 ............................................................ 97 Figure 15: Low-Moderate Income Population Comparison of RHNA Units by Town Acreage ........................................................................................................................................... 98

Town of Los Altos Hills Housing Element
Introduction 5
Figure 16: Poverty Status, 2014 and 2019 ................................................................................. 99 Figure 17: Housing Choice Vouchers, 2010 ............................................................................. 100 Figure 18: Children in Female-Headed Households and RHNA Sites, 2019 ......................... 101 Figure 19: Percent of Children in Female-Headed Households Comparison of RHNA Units by Town Acreage ........................................................................................................... 102 Figure 20: Children in Married Couple Households, 2019 ..................................................... 103 Figure 21: Disability Characteristics, 2020............................................................................... 104 Figure 22: Population with a Disability, 2019 .......................................................................... 106 Figure 23: Population with a Disability Comparison of RHNA Units by Town Acreage ....... 107 Figure 24: Presence of a R/ECAP Comparison of RHNA Units by Town Acreage ................. 108 Figure 25: Regionally Concentrated Areas of Affluence ......................................................... 113 Figure 26: TCAC Economic Score, 2021.................................................................................... 115 Figure 27: TCAC Education Score, 2021 ................................................................................... 116 Figure 28: TCAC Environmental Score, 2021 ........................................................................... 117 Figure 29: Regional TCAC Environmental Score, 2021............................................................ 118 Figure 30: TCAC Composite Score and RHNA Sites,................................................................ 119 Figure 31: TCAC Composite Score Comparison of RHNA Units by Town Acreage............... 120 Figure 32: Transit Route Map, 2022 ......................................................................................... 121 Figure 33: Marguerite Shuttle Map .......................................................................................... 122 Figure 34: CES Percentile and RHNA Sites, 2021..................................................................... 123 Figure 35: CalEnviroScreen Percentile Scores Comparison of RHNA Units by Town Acreage ......................................................................................................................................... 124 Figure 36: Housing Problems by Tenure and Race/Elderly/Housing Size, 2018 .................. 125 Figure 37: Cost Burden by Tenure and Race/Elderly/Housing Size, 2018............................. 126 Figure 38: Overpayment by Owners, 2014 and 2019 ............................................................. 127 Figure 39: Overpayment by Renters, 2014 and 2019 ............................................................. 127 Figure 40: Overcrowded Households, 2010 ............................................................................ 128 Figure 41: Application to Building Permit Issuance ................................................................ 166 Figure 42 Los Altos Hills Draft Fire Severity Zones in LRA...................................................... 176 Figure 43: RHNA Site Inventory ................................................................................................ 194 Figure 44 Foothill College Parcels ............................................................................................ 199 Figure 45 St. Nicholas Catholic School Parcels........................................................................ 202 Figure 46 Twin Oaks Court and Arastradero Road Rezone Sites........................................... 205 Figure 47 Los Altos Hills Draft Fire Hazard Severity Zones in LRA......................................... 210 Figure 48 Los Altos Hills Special Flood Hazard Area............................................................... 211 Figure 49 Flood Hazard Foothill College .................................................................................. 212 List of Tables
Table 1: Progress Toward 5th Cycle RHNA ................................................................................. 15

Town of Los Altos Hills Housing Element
Introduction 6
Table 2: Review and Continued Appropriateness of 5th Cycle Programs................................ 17 Table 3: Los Altos Hills RHNA, 2023–2031 ................................................................................. 42 Table 4: Regional Population Change, 2010–2020.................................................................... 43 Table 5: Annual Average Population Growth, 2000–2020........................................................ 44 Table 6: Los Altos Hills Population by Age, 2000–2019 ............................................................ 44 Table 7: Racial and Ethnic Composition, Los Altos Hills, 2010–2019....................................... 46 Table 8: Employment Trends, Los Altos Hills ............................................................................ 48 Table 9: Number of Households, 2000–2019............................................................................ 50 Table 10: Regional Average Household Size ............................................................................. 50 Table 11: Household Size by Tenure, 2019 ............................................................................... 52 Table 12: Household Income Level by Tenure, 2018................................................................ 53 Table 13: Median Household Income by Tenure...................................................................... 54 Table 14: Change in Number of Housing Units, 2000–2019 .................................................... 54 Table 15: Type of Housing Units................................................................................................. 55 Table 16: Average Monthly Rent by Unit Size, 2021 ................................................................. 56 Table 17: Affordable and Fair Market Rent for Low-Income Households, 2021 .................... 58 Table 18: Gross Rent as a Percentage of Household Income, 2019........................................ 58 Table 19: Median Sales Prices, Santa Clara County .................................................................. 60 Table 20: Occupancy Status, 2019.............................................................................................. 61 Table 21: Year Housing Built....................................................................................................... 62 Table 22: Housing Tenure by Date of Occupancy, 2019........................................................... 63 Table 23: Overpayment by Tenure, 2018 .................................................................................. 64 Table 24: Overcrowding by Tenure............................................................................................ 67 Table 25: Units at Risk of Converting to Market Rate............................................................... 68 Table 26: Replacement Cost ....................................................................................................... 69 Table 27: Overview of Households with Special Needs, 2018 ................................................. 70 Table 28: Inventory of Services for Special Needs Populations............................................... 70 Table 29: Median Household Income for Elderly Households ................................................ 71 Table 30: Householders by Age.................................................................................................. 71 Table 31: Population by Disability Status, 2019 ........................................................................ 73 Table 32: Persons with Developmental Disabilities by Age Group.......................................... 74 Table 33: Regional Number of Farmworkers and Farms ......................................................... 75 Table 34: Large Households by Tenure ..................................................................................... 76 Table 35: Female-Headed Households by Tenure.................................................................... 76 Table 36: Homeless Population, 2019 ....................................................................................... 77 Table 37: Income Range by Area Median Income..................................................................... 78 Table 38: Extremely Low-Income Households by Overpayment, 2018 .................................. 79 Table 39: Extremely Low-Income Households by Overcrowding, 2018.................................. 79 Table 40: Comparison of Fair Housing with Respect to Location............................................ 89 Table 41: Dissimilarity Index for Race, 2020.............................................................................. 95 Table 42: Dissimilarity Index for Income, 2010 and 2015 ........................................................ 96

Town of Los Altos Hills Housing Element
Introduction 7
Table 43: Population by Disability Status, 2019 ...................................................................... 103 Table 44: RCAA Coincidence with Other Fair Housing Factors by Tract................................ 111 Table 45: Overcrowding, 2020.................................................................................................. 128 Table 46: Regional Point in Time Count, 2019......................................................................... 129 Table 47: Mortgage Applications and Acceptance by Race, 2018-19 .................................... 133 Table 48: Contributing Factors ................................................................................................. 134 Table 49: AFFH Actions Matrix.................................................................................................. 136 Table 50: Town of Los Altos Hills, Residential Zone Standards ............................................. 149 Table 51: Estate Homes Setbacks............................................................................................. 152 Table 52: Parking Requirements .............................................................................................. 153 Table 53: Permit Processing Time & Level of Review ............................................................. 164 Table 54: Related Fees and Deposits for Typical New Primary Residence ........................... 167 Table 55: Fees for Single Family Residence - Regional Comparison ..................................... 168 Table 56: Single-Family Land Sale, up to 1 Acre, Last 3 Years................................................ 172 Table 57: Recent Vacant Lot Sales in Los Altos Hills ............................................................... 173 Table 58: Disposition of Home Loans - Santa Clara County, 2020 ........................................ 174 Table 59 Los Altos Hills RHNA................................................................................................... 181 Table 60 No Net Loss Buffer..................................................................................................... 182 Table 61 Recent Single Family Development Trends.............................................................. 188 Table 62 ADUs Toward the RHNA ............................................................................................ 189 Table 63 ADU Affordability Assumptions ................................................................................ 189 Table 64 RHNA Shortfall............................................................................................................ 192 Table 65: Lower-Income Site Capacity ..................................................................................... 198 Table 66 Foothill College Site Profile........................................................................................ 200 Table 67 St. Nicholas Catholic School Site Profile ................................................................... 203 Table 68 Twin Oaks Court & Arastradero Rezone Site Profile ............................................... 206 Table 69 Housing Capacity........................................................................................................ 207 Table 70: Total Quantified Objectives Los Altos Hills, 2023 – 2031 ....................................... 221

Town of Los Altos Hills Housing Element
Introduction 8
Introduction
Purpose and Content
The Town of Los Altos Hills 2023–2031 6
th Cycle Housing Element has been prepared in
compliance with the State of California Government Code Section 65302 and in conformance with the Housing Element Guidelines as established by the California Department of Housing and Community Development (HCD). This Housing Element sets forth the Town’s overall housing objectives in the form of goals, policies, and programs. This format will facilitate the periodic update of the Housing Element, as required by State law.

Relationship to Other Elements and Plans
This Housing Plan identifies goals, policies, and programs that guide housing policy for the Town from January 2023 to January 2031. The goals, policies, and programs are consistent with the direction of the other General Plan elements. Each goal is followed by one or more policies that are designed to provide direction to the policy makers that will enable progress toward the goals. Consistency will be reviewed as part of the annual General Plan implementation as required under Government Code Section 65400. Listed after the goals and policies are the programs designed to implement the specific goals and policies.

The Housing Element goals, policies, and programs aim to:
▪ Encourage the development of a variety of housing opportunities and provide adequate sites to meet the 2021-2029 Regional Housing Needs Allocation (RHNA). ▪ Assist in the development of housing to meet the needs of lower- and moderateincome households. ▪ Address and, where appropriate and legally possible, remove governmental constraints to housing development.
▪ Conserve, preserve, and improve the condition of the existing housing stock. ▪ Promote equal housing opportunity for all residents to reside in the housing of their choice. These objectives are required by and delineated in State law (California Code Section 65583 [c][1]).

Public Participation
The Town of Los Altos Hills made a diligent effort to encourage public participation in the development of the Housing Element. Outreach for the Housing Element update began in January 2022. This involved engaging community members, stakeholders, service providers, educators, and the Town’s Planning Commission and City Council in identification of housing issues and involved a diverse group of individuals in the planning process. The public participation program included:

Town of Los Altos Hills Housing Element
Introduction 9
▪ An interactive housing element update website launched in February 2022 accessed through the Town’s webpage that included a description of the project, how to provide input, workshop dates and materials, and a link to the Housing Element update survey.
▪ An online community survey was heavily promoted through email list notification, project website, stakeholder interviews as well as community workshops. ▪ One virtual community workshop was conducted on February 10, 2022. Residents and other interested individuals were provided an opportunity to ask questions of staff regarding the proposed housing element update and the website was updated to include information from the workshop.
▪ Updates on the status of the housing element update were provided at the February 3, 2022, March 3, 2022, and June 15, 2022, Planning Commission meetings, and public comments were accepted. The website was updated to include the most current information on the status of the Housing Element.
▪ Three joint study sessions with the Planning Commission and City Council were conducted on January 19, 2022, March 24, 2022, and June 20, 2022. Staff sent emails to notify individuals on the mailing list which included stakeholders, community service providers, and members of the public. Decisions were made on the RHNA sites inventory at the June 20 meeting. Upon conclusion of each meeting, the website was updated to include information discussed at these meetings. ▪ All the efforts of notifying the public that were made for the community meetings and the study sessions. The links to the presentation and video recording were posted on the Housing Element Update website.
▪ Focus Group Interviews. The Housing Element team reached out to 31 individuals and/or organizations (13 community stakeholders and 18 local service providers) to take part in the focus group interviews. Out of the 31 individuals and groups that were contacted, 9 people participated in the focus groups (4 community members, 1 Town Senior Committee member, 1 faith-based institution representative, and 3 regional advocacy group representatives). Of those participants, the community members came from a wide range of age demographics, from young professionals to retirees.

Included residents also spanned income demographics, from those that have owned property in Los Altos Hills for generations, to those who expressed their families could not afford to live in the Town had it not been for the availability of affordable ADUs.

Three focus groups consisting of nine community participants were held on April 18 at 12 p.m., April 19 at 6 p.m., and April 25 at 11 a.m. to gather input from community members and housing service providers. Participants included residents, service providers, representatives from local faith-based institutions, and Town Committee Representatives.

Town of Los Altos Hills Housing Element
Introduction 10
In a diligent effort to include all demographic segments of the Los Altos Hills community, the Housing Element team contacted 10 homeless interest groups, 8 housing and policy advocates, 6 representatives from local faith-based and educational institutions, 1 Town representative, 1 affordable housing developer and 5 homeowners/renters from various income levels.

Summary of Public Participation and Outreach
During the outreach process the Town heard comments ranging from concerns over housing affordability, complexity of the zoning and permitting process for homeowners, lack of affordable and multifamily housing, access to transit and other services, farm-worker housing, ADU incentivization, lack of student housing for Foothill College, and preference on locations for future housing. Many of the programs proposed as well as the RHNA sites inventory in the Housing Element Update reflect the community input. In summary, the community engagement and input yielded the following themes and feedback:
▪ High Housing Costs/Costs of Living: Participants expressed that their children will not be able to afford homes in Los Altos Hills or the larger region. They also noted that people have large capital gains on their properties and are choosing to stay in their houses rather than selling them. Program A-6 establishes an Inclusionary Housing Ordinance, which will require new developments to reserve up to 15 percent of total units for lower- and moderate-income households, allowing the potential for affordable housing options in the Town.
▪ Development Process: Participants expressed frustration in navigating the development process in terms of time, cost, and certain development requirements (story poles and restrictions on home expansions, Senate Bill 9 ordinance, contour line formula, and triggering public hearings). The Town has created an online interactive LUF, MDA and MFA calculation form and posted it on the Town’s website. Programs B1, B-4, and B-7 aim to streamline the development and permitting processes by establishing expedited permit processing for affordable housing projects, and by compiling all development standards, plans, fees, and nexus studies in an easily accessible online location.
▪ Accessory Dwelling Unit (ADU) Incentivization: Participants expressed frustration in their experience trying to build ADUs and recommended ADU incentivization strategies such as preapproved plans, fee waivers, elimination of the 800-square-foot maximum (the Town currently allows up to 1,200 sq. ft.), searching for innovative funding sources, and community education. Program A-7 will allow the Town to annually assess what strategies are necessary to increase ADU production by tracking and monitoring their affordability and production rate. Through Program G-2, the Town will also develop a marketing and education program to advertise the ability of homeowners to create ADUs.

Town of Los Altos Hills Housing Element
Introduction 11
Public Comments on the August 8, 2022, Draft Housing Element Update The Town of Los Alto Hills held a 30-day public review period on the draft Housing Element from August 10, 2022, to September 8, 2022. Twenty-five comment letters and emails were received during the review period. All twenty-five letters contained suggestions and concerns regarding the RHNA site selection and housing element programs and constraints. Several suggested general considerations consistent with housing law and HCD guidelines which are already included in the draft Housing Element.

Comments fell into several categories including:
▪ Code amendments to remove regulatory constraints:
o Complex and cumbersome development standards (see Program B-4) o Grading permit limited to 6 months out of the year (see Program B-11) ▪ ADU promotion and incentives (see Program A-7, A-8, G-2) ▪ Strategies to improve the existing permit process (see Program B-1, B-12) ▪ Tools, techniques, and funding sources to increase affordable housing (see Program F-2, F-3)
The Town of Los Altos Hills received comments from affordable housing advocates and residents as a response to the public review of the Housing Element. Concerns included RHNA sites, constraints on development, absence of multifamily housing, ADU production, and the permitting process.

Code Amendments
The Town received a number of letters with examples and suggestions of possible approaches to code amendments to remove regulatory constraints for developing housing.

The Town has conducted an extensive constraints analysis and had identified recommended code amendment designed to remove or revise these regulatory constraints. It is possible that additional code amendments and revisions will be prepared during implementation of the program. Proposed code amendments are provided in Program B-4.

ADUs
Commenters called for more programs and strongly suggested incentives for ADU production, through methods like expedited review of ADU permits through pre-approved designs and relaxed development standards. The Town has included a program to track and monitor its ADU production to ensure that annual production matches the RHNA assumption. This program also commits the Town to providing preapproved plans to expedite development review as an incentive to production. See Programs A-7 and A-8.

Town of Los Altos Hills Housing Element
Introduction 12
Permitting
A number of the letters expressed concerns regarding the development process in the Town and the constraints that result from the process. Commenters recommended several strategies to improve the transparency and turn-around time for getting permits approved.

The Town has included Programs B-1 and B-12 to streamline the permitting process for affordable housing and to improve the existing permit tracking system for applicants.

Affordable Housing
Several commenters expressed a desire for the Town to provide multifamily housing as well as provide examples of funding sources and other tools to support the development of multifamily housing. In response, the Town has included Programs A-1, A-2, A-5, and A-6 to create a multifamily overlay zone, rezone , allow by right approval for 20 percent affordable housing developments, establish minimum densities for low-income development, and conduct an inclusionary zoning feasibility study respectively.

HCD Review and Housing Element Adoption
On October 27, 2022, the Town submitted a revised draft to HCD for review, following the 30-day public review period.

The Town met with HCD on December 22, 202,22022, to receive and discuss detailed initial review comments. In response to the initial review comments, the Town submitted a revised draft to HCD for review and consideration on January 9, 2023. This draft was published for public review on the Town’s webpage and copies were emailed to all residents and agencies that had previously requested a copy or future notification on January 23, 2023.

The Town received HCD’s formal review comment letter on January 25, 2023. The contents of the letter were consistent with and were refinements of those received on December 22, 2022. The Town revised the Housing Element to reflect the formal comments of the HCD letter to provide greater clarity and make minor changes to ensure internal consistency.

These refinements were published on January 26, 2023, and January 27, 2023.

The Planning Commission and the City Council considered the Housing Element during their public hearings on January 27 and January 30, respectively, and received and considered additional public comments and correspondences. The comments discussed alternative site strategies, ADU and SB 9 unit methodologies, and different zoning and development standards. The Planning Commission and City Council determined that the Housing Element adequately addressed the comments received and already contained sufficient strategies and appropriate methodologies responsive to the public comments received. The City Council adopted the Housing Element via Resolution No. 09-23 with no further revisions.

On March 17, 2023, HCD provided a comment letter to the Town outlining certain areas where the adopted Housing Element could be enhanced to achieve certification as a part of HCD's determination process to make findings of substantial compliance on the Housing

Town of Los Altos Hills Housing Element
Introduction 13
Element. These areas include: (1) enhancing analysis and descriptions of base conditions and housing factors in the Town; (2) responding to questions relating to site-specific owner interest in development in the Site Inventory; and (3) enhancing programs to affirmatively further fair housing (AFFH) through programs to address fair housing factors and housing mobility.

As a result of such changes requested by HCD and pursuant to the revision authority provided under Resolution No. 09-23, Town staff and consultants have prepared updates to the Housing Element containing additional revisions to address all of HCD’s requests (the “Update”). The Update contains additional clarifications and programs to serve the policies and goals previously adopted in the 2023-2031 Housing Element. No previously adopted policies and goals are being deleted or altered. The additional clarifications and programs are responsive to changes requested by HCD. Resolution No. 09-23 authorizes the Planning Director to file all necessary material with HCD for the department to find the Housing Element complies with state law, and to make all non-substantive changes to the Housing Element to make it internally consistent and address non-substantive changes or amendments requested by HCD to achieve certification. As such, preparation of the Update is within the revision authority provided under City Council Resolution No. 09-23.

The Town provided additional public input and comment opportunities on the Update document. On April 7, 2023, the Update to the Housing Element was uploaded to the Town’s website for public review and comments, and the link was emailed to all individuals and organizations that have previously requested notices relating to the Town’s Housing Element in writing. On April 10, 2023, the City Council reviewed the proposed Update, considered all public comments and testimony, and approved the Update via resolution. The Town continued to receive public comments through the seven-day review period prior to submitting the Update to HCD.

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 14
Review of Past Accomplishments
Purpose of Review
State law (California Government Code Section 65588[a]) requires each jurisdiction to review its housing element as frequently as is appropriate and evaluate:
▪ The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state’s housing goals
▪ The effectiveness of the housing element in attainment of the community’s housing goals and objectives
▪ The progress in implementation of the housing element According to the State HCD, the review is a three-step process:
▪ Review the results of the previous element’s goals, objectives, and programs. The results should be quantified where possible but may be qualitative where necessary. ▪ Compare what was projected or planned in the previous element to what was actually achieved. Determine where the previous housing element met, exceeded, or fell short of what was anticipated.
▪ Based on the above analysis, describe how the goals, objectives, policies, and programs in the updated element are being changed or adjusted to incorporate what has been learned from results of the previous element.

Housing Production
Previous RHNA Progress (as of December 2021)
The Town of Los Altos Hills had a total RHNA allocation of 121 units in the 5th Cycle. As of December 2021, 153 new units had been built, permitted, or approved during the 5th Cycle, exceeding the overall allocation of 121 units. The Town did not submit annual progress reports (APRs) for every year of the 5th Cycle, and as such the information shown on the APR dashboard differs from Town records. As a part of Program A-2, the Town will submit all APRs from the years they are missing.

Many of the housing projects in Los Altos Hills involve the demolition of an existing unit, and then the construction of one or more new units. When calculating the number of units permitted over the 5th Cycle, the Town used the number of net new units for each housing project. For example, in 2021, the Town issued 62 building permits for 21 primary residences and 41 ADUs. Of the 21 new primary dwellings, 16 were replacement structures. Therefore, only 5 new primary residences are counted as net new housing units towards meeting the Town’s overall RHNA goals. However, all 41 ADUs are net new units and are counted towards meeting the Town’s RHNA.

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 15
In the years 2015-2020, the Town determined the affordability of new ADUs based on a 2014 survey which resulted in the following parameters for ADU affordability: 60% of the ADUs were occupied by very low-income households, 25% were low income, and 15% were moderate income. However, for the year 2021, ADU affordability was based on draft ABAG Housing Technical Assistance Team’s Affordability of Accessory Dwelling Units document dated September 8, 2021. The report recommends ADU affordability as follows: 30% very low income, 30% Low income, 30% moderate income, and 10% above moderate.

Using the above assumptions, and as reported in the APRs for 2015-2022, the Town exceeded each of the individual RHNAs by household income and doubled the total 5th Cycle RHNA. the only income category that was not exceeded by the end of 2021 was the moderate-income category. However, based on the most recent permitting trends (41 ADUs permitted in 2021), the town will exceed its Moderate-income obligation prior to the end of the planning period.0F0F
1 Single-family homes were all assumed to be affordable to abovemoderate households.

Table 1: Progress Toward 5th Cycle RHNA
Very LowIncomeLowIncomeModerate
Income
Above-Moderate
Income Total
RHNA 46 28 32 15 121
Units
Produced 4958 2837 2434 52112 153241
Remaining
RHNA 0 (+312) 0 (+9) 80 (+2) 0 (+3797)
0 (+32120)
Effectiveness at Serving Special-Needs Populations
This section reviews the Town’s progress on assisting populations with special housing needs during the 5th Cycle. The Town provides financial support for the Community Services Agency of Mountain View, Los Altos, and Los Altos Hills (CSA). CSA provides multiple services for special needs populations in the area, especially homeless individuals and seniors. CSA implements multiple programs that assist persons in need: Key CSA programs include:
▪ Homelessness Prevention Services, including financial assistance for housing and utilities.
▪ Homeless Services, including case management and financial and nutritional assistance
▪ Senior Services, including case management and nutritional assistance 1 41 𝑢𝑛𝑖𝑡𝑠 × 30% = 12 𝑚𝑜𝑑𝑒𝑟𝑎𝑡𝑒 𝑖𝑛𝑐𝑜𝑚𝑒 𝑢𝑛𝑖𝑡𝑠 𝑒𝑥𝑝𝑒𝑐𝑡𝑒𝑑 𝑖𝑛 2022

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 16
▪ The “Community Navigator Program,” where community leaders are trained to provide assistance in other areas, including “immigration, domestic violence, and tenant rights…”1F1F
2 According to the 2021 CSA Annual Report, the CSA assisted 4,996 individuals with homeless prevention services from 2020-2021. It also provided homeless service to 674 individuals, and senior services to 252 individuals. While many of these individuals were likely located outside of Los Altos Hills, the continued funding demonstrates Los Altos Hills’ commitment to providing funding that assists special needs populations.

In addition to providing funding for CSA, Los Altos Hills supports the Community Health Awareness Council (CHAC). CHAC provides a variety of mental health and wellness services in Santa Clara County, including at schools and clinics. CHAC also maintains multiple family resources centers, which provide assistance and training on parenting, literacy, as well as facilitate other family and youth-focused activities.

The Town has also provided annual funding of $10,000 to support educational programs at Hidden Villa, an environmental education facility, and continues to discuss options for housing services on the site with the site administrators.

The amount provided to these organizations has increased from $10,000 to over $100,000 in the 2021-22 budget. The Town will continue to provide funding to these crucial community organizations, as well as implement new programs to further assist special needs populations.
5 th Cycle (2016-2023) Housing Programs
Table 2 illustrates the Town’s Accomplishments and status in implementing the housing programs during the 5th Cycle, as well as the continued appropriateness of the program for the 6th Cycle. Programs that have been successfully completed or that consist of routine staff functions are marked as “remove,” as these programs are no longer necessary for the 6th Cycle. Previous programs that are continued with no changes or with minor modifications are marked as “continue.” Finally, programs marked as “modify” or “consolidate” are programs that will be continued, but have updated goals and metrics, and may involve combining multiple existing programs into a single 6th Cycle program for ease of use and streamlining.
2 2021 CSA Annual Report, Page 5.

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 17
Table 2: Review and Continued Appropriateness of 5th Cycle Programs Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
1 Review all new residential
development and reconstruction
and rehabilitation of existing
residences through the Site
Development Permit review
process, which focuses on
development siting as well as
issues of grading, drainage,
access, and landscape screening
as visual mitigation.

Ongoing
The Town continues to utilize this
process for new single-family
homes and from 2020 onward,
has adopted objective standards
for all ADUs. In total, the Town
has permitted 153 net new
dwelling units through this
process since 2015.

Remove – This is
a routine staff
function and not
considered a
Housing Element
Program.
2 Work with County of Santa Clara,
mid-peninsula cities, the Midpeninsula Regional Open Space District and other public agencies
to promote open space
programs that are compatible
with the Town’s goals and
policies, especially within the
Town and its Sphere of Influence.
(Policies A - D)
Ongoing
The Town routinely reviews the
comprehensive plans prepared
by the Mid-peninsula Regional
Open Space District, including
the fire management plans and
multi-year trail plans, and has
preserved the open space
easements and open space
parcels within the recently
annexed Ravensbury Island
Annexation.

Remove –- This is
a routine staff
function and not
considered a
Housing Element
Program.

Relocate to openspace element of
the General Plan–
This is a routine
staff function and
not considered a
Housing Element
Program..

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 18
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
3 Participate through Santa Clara
County in the Federal Housing
and Community Development
Block Grant Program to provide
housing rehabilitation loans for
low and moderate income
housing units/households. Make
available to the Town’s residents’
information about CDBG funds
on the Town Website
Ongoing
The Town has not utilized CDBG
funds during the 8 years of the
housing element.

Continue and
Modify -- –
Increase
specificity about
new possible
CDBG programs.

C-2
4 Enforce the California Building
Standards Code through an ongoing program of enforcement and abatement based on
complaints from Town residents.

Ongoing
Since 2015, the Town’s Building
Inspection and Code
Enforcement Divisions have
annually processed 15 to 20 code
complaints related to
unpermitted construction and
substandard housing units.

Remove --–
This is a routine
staff function and
not considered a
Housing Element
Program.
5 Continue to facilitate and
expedite the development of
new dwelling units and the
rehabilitation and reconstruction
of existing units.

Ongoing (Yearly
Update)
The Town has issued permits for
153 net new housing units and
an additional 115 new singlefamily homes were replacement structures on previously
developed properties.

Additionally, the Town has
provided guidance on the
conversion of detached
Modify – Increase
program
specificity,
language, and
metrics regarding
facilitating new
residential
development to
meet the RHNA in
Program A-1, as
A-1, A-9,
B-1

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 19
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
structures to ADUs to encourage
new affordable units.
well as facilitate
development on
the RHNA Sites
through A-2 and
A-9.
6 Continue the annexation of lands
within the Town’s Sphere of
Influence to increase the Town’s
supply of lands suitable for
residential secondary dwelling
unit development.

Ongoing
Within the last housing cycle, the
Town completed 7 annexations
totaling 22 properties.

Remove – The
Town is not
considering
annexation of
unincorporated
lands.
7 Analyze the potential annexation
of the pre-zoned 95 lots within
the Spalding/Magdalena
neighborhood, potentially
including an evaluation of the
desire of residents to be
annexed.

Ongoing
The Town has considered and is
still determining whether the
annexation is desirable.

The Town did pre-zone the land
for potential annexation.

However, there are preexisting
issues with several roadways in
the area and there are potential
infrastructure constraints.

Remove – The
Town is no longer
considering the
annexation of the
Spalding/Magdale
na
Neighborhood.
8 Modify the Zoning Ordinance to
comply with the California
Employee Housing Act.

Allow non-residential uses with
approved use permits to provide
on-site affordable housing for up
Ordinance change
December 2016
The Town has not completed a
zoning ordinance amendment to
comply with the Employee
Housing Act. The Town will be
focusing on implementing this
Continue. E-8

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 20
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
to six employees. In accordance
with the Employee Housing Act
(Health and Safety Code Section
17000 et seq.), the employee
housing shall be regulated in the
same manner as single-family
dwellings in the same zoning
district. Through this revision,
non-residential uses will be able
to create opportunities for a
number of employees of these
non-residential uses to live onsite in Los Altos Hills. This will help in the creation of affordable
housing opportunities, including
housing for extremely low
income households, while
helping in the reduction of
commute traffic.
program following adoption of
the Housing Element update.
9 Continue to encourage room
rentals as means of providing
affordable housing options
within existing housing stock.

Ongoing
The Town has implemented the
state definition of a family. In
addition, there are no
restrictions on the rental of
primary residences or ADUs to
non-related individuals.

Retain, Revise –
The definition will
be revised to
remove
subjective
language that
could be
misinterpreted as

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 21
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
a requirement
that would limit
unrelated
individuals from
forming a
household. The
revised housing
element
programs are
focused on
promoting new
unit production
(meeting the US
Census and CA
HCD definition).

The Town will
continue to
encourage the
development of
ADUs and JADUs.
10 Maintain and make available on
the City’s website information on
the construction of new, and
rehabilitation of existing,
residential units.

Ongoing
The Town holds a public hearing
and publishes its annual
progress report through its
meeting dockets. The Town also
has recently created a housing
element website to provide
Continue and
Modify –
Consolidate with
information
transparency and
accessibility
programs.

B-7

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 22
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
information on new and
rehabilitated units.
11 Continue to provide a review
process to allow staff approval of
all residential second units.

Since the adoption of the 1998
Housing Element, the Town has
successfully adopted an
administrative review process for
residential second units whereby
any second unit that conforms to
development standards may be
approved at staff level. This has
resulted in an expedited process
and the production of 40
secondary dwelling units during
the last planning period from
2007 through 2014. The Town
will continue to encourage and
facilitate the production of
second units through the
expedited administrative review
process.

Ongoing
The Town has successfully
reviewed ADUs administratively
with objective standards and has
produced 105 ADUs since 2015.

In 2020, the Town adopted an
ADU ordinance that complies
with state law and provides for
ministerial review.

Continue and
Modify –
Consolidate with
other ADU
Programs.

G-2
12 Develop a residential secondary
dwelling unit brochure for
placement on the Town’s
website, to be made available at
Ongoing. Review
effectiveness of
incentives on an
annual basis.

The Town has created a
dedicated ADU webpage and
prepared a brochure that is used
Continue and
Modify –
Consolidate with
other ADU
A-3
G-2

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 23
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
the Town’s public information
counter and provided to each
applicant for development of a
residential parcel within the
Town, to existing residents
interested in developing new
second units or converting
portions of existing primary
units, and to seniors seeking
opportunities to remain in Los
Altos Hills. The second unit
brochures shall also be provided
to all owners of property prezoned and annexed to the Town of Los Altos Hills. Brochures shall
include information regarding
incentives for construction of
secondary units, such as an
expedient administrative review
process; waiver of the housing
fee, and under specified criteria,
the building permit and sewer
hook-up fees; and modified
parking requirements. The Town
will annually review these
incentives to evaluate their
effectiveness in encouraging
second units affordable to
to inform residents about the
program.
incentive
programs.

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 24
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
extremely low, very low, low, and
moderate income households
and report to State HCD as part
of the Town’s annual Housing
Element review. To the extent
these incentives appear
ineffective; the Town will adopt
additional incentives and revise
its Housing Element accordingly.
13 Develop and adopt reasonable
criteria for reducing or waiving
building permit and sewer hookup fees for second units.

December 2015
The Town adopted a resolution
to reduce the Pathway Impact
fee to $3,826 as compared to
$10,943 and also waived the fee
until January 1, 2023.

Remove –
Completed.
14 Evaluate the use of existing legal
nonconforming parking areas to
meet the parking requirement
for a secondary dwelling unit
December 2016
Completed. The Town adopted
an ADU ordinance in 2020
allowing parking in setbacks.

Remove –
Completed.
15 Consider development of an
amnesty program to legalize
existing unpermitted secondary
dwelling units and ensure that
the second unit meets current
health and safety codes and
current setback and parking
requirements.

December 2016
Completed. The Town adopted
language in its ADU ordinance
that allows for amnesty and
legalization of unpermitted
second dwelling units (ADUs).

City Ordinance has no sunset
date and goes beyond the 2025
sunset date in state law.

Remove – this is a
requirement of
state law.

Completed.

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 25
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
16 Evaluate an amendment to the
Zoning Ordinance allowing
attached secondary dwelling
units on properties that are less
than one acre in area.

December 2016
Completed. The Town adopted
an ADU ordinance in 2020 to
comply with the most recent
changes in state law.

Remove –
Completed.
17 Evaluate an amendment to the
Zoning Ordinance that would
allow for secondary dwelling
units up to a maximum floor
area of 1,200 square feet.

December 2016
Completed. The Town adopted
an ADU ordinance in 2020
allowing ADUs with a maximum
floor area of 1,200 square feet.

Remove –
Completed.
18 Evaluate the factors that could
facilitate the qualification of
existing structures to allow them
to be recognized as secondary
dwelling units.

December 2016
The Town adopted language in
its ADU ordinance that allows for
amnesty and legalization of
unpermitted second dwelling
units (ADUs) and the Town
actively encourages conversion
of detached pool houses and
guest cottages to ADUs.

Remove –
Completed.
19 Support Foothill College in
potential future development of
affordable student, faculty, and
employee housing on the College
properties, and provide
incentives for development
through an expedited review
process, establishment of
Identify incentives
and provide
expedited review
process –
December 2017
and Ongoing.

Communicate to
college officials
Foothill College was not relied
upon to meet the 5th Cycle RHNA,
but would have created a variety
of housing types, increased
access, opportunity and mobility.

This objective was not completed
in the last planning cycle. The
Town is now committing to
Continue and
modify.

A-1, B-4

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 26
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
enabling provisions in the
General Plan and Zoning, and
provision of funding support.

The Town will meet annually
within the planning period in an
effort to explore the possibility of
student and employee housing
including affordable housing for
extremely low income
households. The Town will
amend the General Plan to
change the Foothill College
designation from P (Public
School) to PC (Public College) and
identify multi-family residential
as a permitted use. In addition,
the Zoning Code will be
amended to permit sites
designated PC in the General
Plan to allow multi-family
residential at densities of 20
units/acre. When there is an
appropriate opportunity, the
Town will meet with multi-family
housing developers and the
college to discuss the proposal
and work to find ways to
expedite the processing of
annually during the
planning period.

General Plan and
Zoning Code Text
Amendments –
December 2017
Identify funding
sources annually
and apply for
funding – Ongoing
(at pre-application
phase of projects)
rezone 34 acres to allow high
density residential to meet the
6 th Cycle RHNA. It is also
proposing a package of
programs to provide increased
housing variety, access, mobility
and opportunity and to
affirmatively further fair housing.

The Town has already contracted
a consultant to prepare the new
MF zone and Infill Overlay Zone,
including objective design
standards and EIR.

The Town largely met the 5
th
Cycle RHNA without meeting
frequently with Foothill College
or with affordable housing
developers until 2021. The Town
has meet with Foothill College
seven times since 2022 and
received a letter summarizing its
efforts, priorities and
investments toward affordable
housing,
Town staff continues to engage
with the College and have has
included a new program A-1 and

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 27
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
permits. Apply to the Santa Clara
County Office of Affordable
Housing for CDBG and HOME
funds, and to the Housing Trust
Fund of Santa Clara County in
support of development of
housing affordable to extremely
low, very low and low income
households at the college.

B-4 to address the absence of
multifamily housing in the Town.
20 At least once every eight years
participate in the determination
of the Town’s local housing
needs.
2022
Completed. The Town completed
an ADU Survey in 2021, as well as
a Housing Element Survey in
2022 for the 6th Cycle to help
assess the housing needs.

Remove –
Completed as a
part of the
Housing Element
Update.
21 Maintain an inventory of sites,
either manually or by
computerized data base, suitable
for residential development,
based on available
environmental and infrastructure
information.

Ongoing
The Town maintains an inventory
of sites suitable for residential
development. The Town provides
this data to any interested party.

Retain and
Modify
Modify
– to comply with
new SB 166
requirements.

A-2
22 At least once at the beginning
and once at the end of the eightyear timeframe of the Housing Element, conduct Town-wide
surveys to ascertain information
2014, 2022
Completed. The Town completed
an ADU Survey in 2021, as well as
a Housing Element Survey in
2022 for the 6th Cycle to help
assess the housing needs.

Retain and –
change timelines
to provide for a
mid-cycle
assessment.

A-7

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 28
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
on rental rates of rooms and
second units, occupancy status,
structural condition of unit or
room.
23 Maintain an inventory of second
units and provide monthly and
yearly updates on the
construction of second units.

At mid-point in the timeframe of
the Housing Element, the Town
will compare the results of the
tracking system with its regional
housing needs allocation (RHNA)
for extremely low, very low, low,
and moderate-income families. If
RHNA is not being met, the City
will develop alternative strategies
for addressing the housing
needs of very low, low, and
moderate-income families.

Annually – Ongoing
Yearly updates are done through
the Annual Progress Report
(APR). Monthly Building Permit
reports are posted on the Town’s
website.

The Town maintains a digital list
of ADUs using TRAKiT database
software.

The ADU progress based on the
APR, ADU survey and rental data
indicates that the Town was
generally successfully in meeting
the housing needs of very low,
low, and moderate income
households.

Retain and
Modify –
consolidate with
other ADU
programs for
tracking,
affordability, and
production.

A-7
24 Review and revise as appropriate
all building and planning fees on
a regular basis to assure that the
fees charged provide for but do
not exceed the Town’s costs of
delivering services and adjust
accordingly. The Town
Annually
Completed. The Town conducted
a user fee study in Fiscal Year
2019-2020, and adjusted its
planning, building, and
engineering fees based on the
results of the fee study.

Remove –
Completed.

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 29
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
completed a review of
development fee charges in 2014
that resulted in the
recommendation to modify
building permit fees for new
single-family residences and
residential second units. Town
Council approved the
recommended changes and
adopted the Ordinance in June
2014.
25 Develop, maintain, and make
available pamphlets, brochures,
and other written information on
the Town’s development and
environmental constraints and
permitting process.

Ongoing (Yearly
Update)
Completed. The Town maintains
written brochures that outline
the site development and
building permit process on the
Town websites along with fillable
PDFs of applicable forms.

Retain and
Modify –
Consolidate and
modify with other
programs
providing a
transparent and
easy process.

G-2
26 The Town shall annually review
the Land Use Element of the
General Plan for those areas
subject to flooding as identified
by the Flood Plan prepared by
the Federal Management Agency
or the Department of Water
Resources (DWR). Upon any
Ongoing (Annual
Review)
The Town has no coastal
frontage and flood zones are
limited to the immediate areas
along creek channels. Staff uses
the most current FEMA maps
when reviewing projects and
best management practices are
used in the development of
Remove – Not a
Housing Element
Program. Move
to the Land Use
Element or Safety
Element.

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 30
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
amendment to the General Plan,
the Housing Element will be
reviewed for internal consistency
and amended as appropriate.
housing near or within flood
zones.
27 Enforce the use of energy
conserving features required by
the latest edition of the
California Building Standards
Code and applicable provisions
of the California Government
Code.

Ongoing
Every 3 years, the Town adopts
and implements the latest
version of the California Building
Standards Code. In addition, in
2019, the Town adopted “Reach
Codes” requiring that all new
residences utilize more efficient
electric water and space heating
to reduce greenhouse gases
(GHGs) and improve indoor air
quality.

Retain and
Modify –
Combine with
Program 28
below for a more
comprehensive
energy efficiency
program.

C-4
28 Refer interested residents to
PG&E for information on energy
conservation.

Ongoing
In 2017, The Town agreed to join
a Community Owned Power
Provider known as Silicon Valley
Clean Energy (SVCE). SCVE is
dedicated to increasing energy
efficiency, reducing GHGs, and
promoting all electric homes.

SVCE provides ongoing
programs, grants, and has
monthly meetings with the
member agencies.

Retain and
Modify –
Combine with
Program 27
above for a more
comprehensive
energy efficiency
program.

C-4

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 31
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
The Town refers questions to
SVCE which has a robust
outreach program.
29 Monitor the results of the Town’s
Development Area bonus
program for solar panels to
quantify the number of new
solar panels constructed
annually.

Ongoing
The development area bonus for
rooftop solar expired in 2016.

The Town continues to exempt
up to 500 square feet of ground
mounted solar and all new
residences are required to install
PV systems per the building
code.

Remove – This
program is
implemented by
the building-code
and is not a
Housing Element
Program.
30 Monitor the results of the
pervious surface Development
Area credit program.

Ongoing
The Town monitors the program
and ensures that the credits
given for specific pervious
surfaces are installed prior to
occupancy. The requirements for
stormwater retention and
dissipation are enforced at the
building permit stage.

Continue. C-4
31 Monitor the results of the Town’s
Green Building Ordinance and
consider updating the code to
include residential additions.

Ongoing
The Town fully complies and
enforces the CALGreen Building
Code along with “Reach codes”
for electrification of space and
water heating systems in new
residences. The Town is currently
considering new codes to
encourage electrification of
Retain and
Modify –
Combine with
Program 27
above.

C-4

Town of Los Altos Hills Housing Element
Review of Past Accomplishments 32
Program Objective Time Frame Accomplishments/
Effectiveness
Continued
Appropriateness
New
Program/
Location
heating and cooking systems in
major additions/remodels.
32 Publicize the County Water-Wise
Audit and Lawn removal
incentive program. Under the
program, residents can receive
up to a $1,000 rebate and
commercial, industrial, and
institutional properties can
receive up to a $10,000 rebate by
replacing high water using plants
such as turf grass, with low water
using plants from our Approved
Plant List or by installing
permeable hardscape.

Ongoing
The Town works closely with the
two private water purveyors to
reduce the amount of water
used for irrigation by enforcing
the Town’s adopted Water
Efficiency Landscape Ordinance
(WELO) regulations.

Adopted ordinance that provides
more water efficient landscape.

Publicized through conditions of
approval and documents
available at the counter and on
the website.

Continue. C-5
33 Continue to provide financial
support to the Community
Services Agency and the Los
Altos Senior Center for the
provision of such services as
emergency assistance, nutrition
and hot meal programs,
information and referral, and
senior care management.

Ongoing
The Town continues to provide
financial support for the local
Community Services Agency
(CSA) which provides food and
services to low income and
homeless individuals and the
Community Health Awareness
Council (CHAC) which provides
affordable mental health care for
homeless individuals and
seniors. The amount provided
has increased from $10,000 to
Retain and
Modify – Include
additional
metrics and
assistance.

C-5