Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 8 January 12, 2023
Special Housing Needs: While the element quantifies some of the Town’s special needs populations, it must also estimate the number of persons experiencing homelessness in the Town. In addition, the element reports data but must also analyze the special housing needs. For a complete analysis of each population group, the element should quantify the needs, evaluate trends and characteristics (e.g., tenure, income) of housing needs, discuss disproportionate challenges faced by the population, the existing resources to meet those needs, assess any gaps in resources or effectiveness of past strategies, describe the magnitude of the remaining need and appropriate propose policies and programs.
For additional information and a sample analysis, see the Building Blocks at https://www.hcd.ca.gov/planning-and-community-development/housingelements/building-blocks.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which 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... (Gov. Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and achieve the goals and objectives of the housing element, programs should have specific commitment toward housing outcomes and discrete and early timing (e.g., at least annually or by Jan 2025).
Examples of programs to be revised include:
• Program K Small Multi-Unit Housing: The Program should include a timeline of when zoning code will be updated.
• M Lot Consolidation: The Program should include a quantification of approximately how many lot consolidations the town plans to facilitate. • Program R Development Impact and Permit Fees: The Program should include a completion timeline.
• Program S Affordable Housing Development: The Program should include quantification of approximately how many units will be incentivized. • Program T Purchase Affordability Covenants in Existing Apartments: The element should clarify the timeline to establish and implement the program (e.g., by 2024 and at least annually).
• Program AC Housing Opportunities for Persons Living with Disabilities: The Program must include a completion timeframe.
• Program AK Housing Conditions Survey: Program should be revised to include a specific timeline for when the housing condition survey will be conducted.
Additionally, the element should describe how often funding will be applied for (e.g., annually).
Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 9 January 12, 2023
• Program AR CDBG and Other Housing Rehabilitation Programs: The Program should clarify how often the Town will participate in the County of Santa Clara Community Development Block Grant Joint Powers Authority (e.g. annually, biannually).
• AS Countywide Home Repair Programs: The Program should include a numerical target (e.g., how many minor home repairs).
• AU Residential Rehabilitation Program: The Program should include a timeline commitment.
2. 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 Government Code section 65584.09. Sites shall be identified as needed 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. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, 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 a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
Program D Additional Housing Capacity: Currently the element identifies a shortfall of adequate sites to accommodate the RHNA within the planning period. Program D appears to be intended to rezone sites to accommodate a shortfall of sites for the lowerincome- RHNA. However, the Program must be revised to meet all requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). For example, the Program must commit to permit owner-occupied and rental multifamily uses by-right (without discretionary action) for developments in which 20 percent or more of the units are affordable to lower-income households.
Replacement Housing Requirements: The housing element must include a program to provide replacement housing. (Gov. Code, § 65583.2, subd. (g)(3).) The replacement housing program must adhere to the same requirements as set forth in Government Code section 65915, subdivision (c), paragraph (3).
3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) Program S (Affordable Housing Development): While the program targets extremely low income and other special needs groups, it should also include very low- and low-income
Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 10 January 12, 2023
households. The Program should be revised to include outcome-oriented commitments such as annual outreach with developers and identification of development or housing opportunities.
4. 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. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding 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.
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... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the Town may need to revise or add or modify goals and actions. 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, milestones, geographic targeting and metrics or numerical targets and, as appropriate, address housing mobility enhancement, new housing choices and affordability in higher opportunity or higher income areas, placebased strategies for community revitalization and displacement protection. For example, the element must add significant and meaningful housing mobility actions to overcome the existing patterns in the Town related to the broader region.
6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).) Program U Accessory Dwelling Units (ADU): While the element includes a program to incentivize ADU development by waiving fees when an ADU is deed restricted for very low-, and low-income households, it should also provide other incentives that incentivize and promote the creation of ADUs that can be offered at affordable rent. The element could consider other ADU incentives such as exploring and pursuing funding, modifying development standards, and reducing fees beyond state law, pre-approved plans, and homeowner/applicant assistance tools. Finally, the program should commit to monitor the production and affordability of ADUs (e.g., every other year) and make adjustments, if necessary, by a date certain (e.g., within six months).
Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 11 January 12, 2023
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element did not address this requirement. The element must include quantified objectives to establish an estimate of housing units by income category, including extremely low-income households, that can be constructed, rehabilitated, and conserved over the planning period.
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element described various efforts to achieve public participation in the preparation of the housing element update, it should also describe how comments were considered and incorporated into the element.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision process, the Town must continue to engage the community, especially organizations that represent lower-income and special needs households, including local neighborhood groups and commenters on this review such as Silicon Valley@Home, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
F. General Plan Consistency
The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).) The Town must discuss how internal consistency will be maintained and achieved with other elements of the general plan throughout the planning period.
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Town of Los Gatos Response to HCD Comment Letter: Page 1 HCD 1/12/23 Comments on Los Gatos Draft Housing Element with Responses Comment
Number HCD Comment (1/12/23 Letter) Response
1 A. Review and Revision
Review the previous element to evaluate the
appropriateness, effectiveness, and progress in
implementation, and reflect the results of this review in the revised element. (Gov. Code, §65588 (a) and (b).)
The review requirement is one of the most important
features of the element update. The review of past
programs should describe progress in implementation of
previous actions, including results compared to objectives and evaluate the effectiveness of actions to make
appropriate adjustments in the current planning period.
In the most cases, the element does not describe any
progress in implementation and particularly housing
related outcomes and then simply concludes to continue
or modify programs. For example, the prior element had
a program to implement the below market rate program
and evaluate the program as a constraint. The element
reports the program was implemented. There is no
discussion of outcomes or an evaluation of constraints.
Then, the element concludes the program will be
modified but the new program does not appear to adjust
on past efforts. The element must fully describe past
commitments, progress in implementation, evaluate
effectiveness and then discuss appropriate adjustments
in the current planning period.
In addition, the element must provide an evaluation of the cumulative effectiveness of past goals, policies, and
related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households,
farmworkers, and persons experiencing homelessness)
and revise programs as appropriate.
Additional analysis added to Table E-1 of
Appendix E regarding the continuation,
modification, or deletion of fifth cycle
goals, policies, and implementation
programs.
Added evaluation of the effectiveness of
the past fifth cycle programs in meeting
the needs of special needs populations
and a list of key accomplishments to
Appendix E.
2 B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of
Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Regional Level Patterns and Trends: While the element
includes several maps and tables and reports data, it
generally must evaluate the data and especially at a
regional level, comparing the Town to the broader region.
Additional analysis by protected class on
opportunity and disparities (especially
disability status) included in Section A.10
of Appendix A.
An R/ECAPS map was added to section
A.7 of Appendix A to show that the only
R/ECAPS in the region are located in the
City of San Jose. Analysis of the cost
burden rates for the Town and a
comparison to the greater Bay Area
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This is particularly important since the Town appears far different from the rest of the region. The analysis should address all components of the assessment of fair housing (e.g., segregation and integration, disparities in access to opportunity) and should focus on race, income, and
overall access to opportunity). The analysis should address trends and incorporate local data and knowledge and
other relevant factors (See below).
included in Section A.9 of Appendix A.
3 Income and Racial Concentration of Affluence (RCAA): The element briefly mentions incomes in the Town compared
to the region and notes it is safe to speculate the Town has neighborhoods that are RCAAs; however, the entire
Town is an RCAA and the element should incorporate this information. Please see HCD’s Affirmatively Furthering
Fair Housing (AFFH) Data Viewer at https://affh-dataresources-cahcd.hub.arcgis.com/. The element should include specific analysis of income and RCAA at a regional level (Town compared to the broader region). The analysis should at least 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. The element must add or modify
meaningful programs based on the outcomes of this
analysis, including actions to improve housing mobility within and beyond Town boundaries.
Updated Section A.7 of Appendix A to
include the RCAA definition, text
analysis, and a map of the concentration
of RCAA’s.
4 Disparities in Access to Opportunity: While the element provided a general analysis of opportunity areas, and
high-level conclusions about the Town’s disparities in
access to opportunity, it should analyze trends and
patterns related to access to transportation on a local and regional level.
Updated Appendix D, Sites Inventory
Analysis, with text analysis of each sites
distance to a public transit line and a
public school, with an accompanying
map.
5 Disproportionate Housing Needs, Including Displacement Risk: The element includes some information on cost
burden and overcrowding but should also discuss local
patterns of housing conditions. For example, the element should discuss areas of the Town where proportions of
housing units needing rehabilitation may be higher than other areas and may utilize local knowledge such as
qualitative information from code enforcement staff.
Local knowledge has been added to
Appendix B, subsection, Substandard
Housing, regarding the Town’s patterns
of housing conditions. A survey
summarizing the Town’s Code
Enforcement substandard housing code
violations from 2015-2023 has been
included on Page B-25.
6 Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element must include data on the location of regional housing need allocation (RHNA) sites by income group relative to all fair housing components. The analysis should address the number of units by income group and
Additional text added to Appendix A
describing the housing sites and how
they mitigate fair housing issues.
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Number HCD Comment (1/12/23 Letter) Response
location, any isolation of the RHNA by income group,
magnitude of the impact on existing concentrations of
socio- economic characteristics and discuss how the sites improve fair housing conditions. The analysis should be supported by local data and knowledge and other relevant factors and programs should be added or modified as
appropriate to promote inclusive and equitable
communities.
7 Local Data and Knowledge: The element must include
local data, knowledge, and other relevant factors to
discuss and analyze any unique attributes about the Town related to fair housing issues. The element should
complement federal, state, and regional data with local data and knowledge where appropriate to capture
emerging trends and issues, including utilizing knowledge from local and regional advocates and service providers, Town staff and related local and County planning
documents.
Local knowledge was integral to the
development of this Housing Element
update. Local knowledge gained from
the Housing Element Advisory Board,
Town Staff, and public participation
(described in Section 10.1.5) was the
basis for the development of goals,
policies, and implementation programs
included. Additional details based on
local knowledge were provided within
Appendices A, B, C, and D.
8 Other Relevant Factors: While the element includes some general background on exclusionary practices, it should relate these situations to the Town and complement data and mapping with other relevant factors that contribute to fair housing issues in the Town. For instance, the
element can analyze historical land use; zoning and
barriers to housing choices such as past denials of
affordable housing, local land use initiatives or proposed referendums; investment practices; seeking investment or lack of seeking investment to promote affordability and inclusion; information about redlining/greenlining,
restrictive covenants and other discriminatory practices; land use related lawsuits; local land use initiatives;
demographic trends, or other information that
complements the state and federal data.
Section A.2 of Appendix A provides a
discussion of the history of segregation
in the region and in Los Gatos
specifically. Figures A-6 and A-7 show
that there has been some slow change in
the diversity index since 2010.
Additional explanation of why the
diversity index has changed since 2010
has been added to Appendix A, Section
A.7.
Section A.5 of Appendix A discusses
contributing factors and fair housing
issues, and additional discussion of
extremely low-income (ELI) households
has been provided.
Additional maps have been added on
public housing buildings in the region to
Section A.6 of Appendix A.
9 Contributing Factors Fair Housing Issues: Upon a complete AFFH analysis, the element must assess and prioritize
contributing factors to fair housing issues and add or
modify programs as appropriate.
Additional analysis included for any
overlaps between disability bias
cases/complaints and concentrations of
persons with a disability within Section
A.6 of Appendix A. Analysis of fair
housing issues added to Section B.5 of
Appendix B.
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Section A.5 of Appendix A was modified
to include contributing factors to
identified fair housing issues with
current (or anticipated) goals and
actions.
10 2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including
overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Housing Conditions: The element provides some
information on age of the housing stock. However, it must estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include
estimates from a recent windshield survey or sampling,
estimates from the code enforcement agency, or
information from knowledgeable organizations. For
additional information, see the Building Blocks at
https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements/building-blocks/housingstock-characteristics.
See response number 5 regarding
housing units in need of rehabilitation
and replacement per the Town’s Code
Enforcement Officer’s summary of the
Town’s Code Enforcement substandard
housing code violations from 2015-2023.
11 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. (Gov. Code, § 65583, subd. (a)(3).)
Pipeline Projects: The element includes a list of 176 units through pipeline projects on page D-38. While the
element may utilize pipeline and potential development
projects toward the RHNA, it must also demonstrate their affordability and availability in the planning period.
Affordability must be demonstrated based on actual sales price, rent level or other mechanisms ensuring
affordability (e.g., deed restrictions). Availability should account for the likelihood of project completion in the planning period and should address the status, necessary steps to issue permits, any barriers to development and other relevant factors.
Additional details and updated data have
been provided for the projects listed as
Pipeline projects on Page D-52 of
Appendix D.
12 Sites Inventory: The element must clarify what the
allowable density is for the North Forty Specific Plan
identified in Table A. The inventory indicates sites zoned Appendix H has been modified to state
that the maximum density for sites
within the North Forty Specific Plan will
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under the North Forty Specific Plan where the minimum
and maximum densities is the same (i.e., 30 units per
acre). If the densities are the same, the element should include a specific analysis of the range as a potential constraint.
be modified to 40 dwelling units per
acre.
13 Realistic Capacity: The element must include a
methodology for calculating the realistic residential
capacity of identified sites. The methodology must be
adjusted as necessary, based on the land use controls and site improvements and typical densities of existing or
approved residential developments at a similar
affordability level in that jurisdiction. For example, the element could clearly list other recent projects, the zone, acreage, built density, allowable density, level of
affordability and presence of exceptions such as a density bonus. In addition, the element must also account for the likelihood of 100 percent nonresidential development.
The element lists recent trends for residential
development in non-residential zones but should also
consider the development activity of 100 percent
nonresidential uses. For example, the element could
analyze all development activity in these nonresidential zones, how often residential development occurs and
adjust residential capacity calculations, policies, and programs accordingly. This analysis may incorporate any proposed policies such as residential performance
standards and prohibition of commercial uses.
Modifications to Appendix D and
Appendix H to utilize the minimum
density completed per the direction of
the Town Council on December 20,
2022.
14 Nonvacant Sites: The element must include an analysis demonstrating the potential for additional development
on nonvacant sites. The element generally provides a
description of the properties like location and whether the property owner submitted an interest form but does
not describe the results of the form or why the property might redevelop in the planning period. To address this requirement, the element should address the extent to
which existing uses may constitute an impediment to
additional residential development, the Town’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.
Modifications to Appendix D and
Appendix H to utilize the minimum
density completed per the direction of
the Town Council on December 20,
2022.
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For your information, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of
the RHNA for lower-income households the housing
element must demonstrate existing uses are not an
impediment to additional residential development and
will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) 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.
15 Replacement Housing Requirements: The element
identifies sites with existing residential uses. Absent a replacement housing program, these sites are not
adequate sites to accommodate lower-income
households. The replacement housing program that has
the same requirements as set forth in Government Code
section 65915, subdivision (c), paragraph (3). The housing element must be revised to include such analysis and a
program, if necessary.
Added Implementation Program BK, Unit
Replacement Program, to Section 10.6,
Implementation Programs of Chapter 10
requiring replacement housing units to
be built when existing affordable units
are demolished, per Government Code
Section 65915 I(3).
16 Small Sites: The element identifies several sites smaller than a half-acre. Sites smaller than a half-acre in size are deemed inadequate to accommodate housing for lowerincome housing unless it is demonstrated that sites of equivalent size and affordability were successfully
developed during the prior planning period or other
evidence demonstrates the suitability of the sites to
accommodate housing for lower-income households,
including programs as appropriate.
Parcel 529-24-003 is consolidated with
50 Los Gatos-Saratoga Road and parcel
529-24-001, which respectively are in
excess of eight acres in size and future
development of the property would
include all three consolidated parcels.
The following sites less than half an acre
are located within the North Forty
Specific Plan: 16260 Burton Road and
16250 Burton Road are located within
Phase II of the North Forty Specific Plan.
A Conceptual Development Advisory
Committee application was submitted to
the Town on February 23, 2022,
requesting preliminary review of a
proposal for a mixed-use development.
Parcel 424-06-116, 16240 Burton Road,
16270 Burton Road, 16210 Burton Road,
and 14823 Los Gatos Boulevard are all
located within the North Forty Specific
Plan Area. Based on the development of
Phase II of the plan area, development
of these parcels is expected in
consolidation with the larger, singleowned parcels.
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17 Zoning for Lower-Income Households: The element must demonstrate zoning appropriate to accommodate housing
for lower-income households. The sites inventory includes zones with densities of 14 to 22 units per acre (Medium Density Residential R-M) that allocate units for lower
income. However, the element does not include an
analysis evaluating the adequacy of the R-M zone to
encourage and facilitate the development of units
affordable to lower-income households. For communities
with densities that meet specific standards (allow at least 30 units per acre for Los Gatos), no analysis is required.
Otherwise, the element must include an analysis based
on, including but not limited to, factors such as market demand, financial feasibility and development experience within identified zones demonstrating how the adopted
densities can accommodate housing for lower-income
households.
Appendix H has been modified to
remove projected affordable units from
the sites within the Lark Avenue Area.
18 SB 9 Sites: The element identifies SB 9 as a strategy to accommodate the part of the Town’s RHNA. To support
these assumptions, the analysis must include experience, trends and market conditions that allow lot splits. The analysis must also include a nonvacant sites analysis
demonstrating the affordability, likelihood of
redevelopment and the existing use will not constitute as an impediment for additional residential use. The analysis should describe how the Town determined eligible
properties, whether the assumed lots will have turnover, if the properties are easy to subdivide, and the condition of the existing structures or other relevant factors
indicating additional development potential. The analysis should also describe interest from property owners as well as experience. The analysis should provide support for the assumption of eligible properties being developed within the planning period. Based on the outcomes of this
analysis, the element should add or modify programs to
establish zoning and development standards early in the planning period and implement incentives to encourage
and facilitate development as well as monitor
development every two years with and identify additional sites within six months if assumptions are not being met.
The element should support this analysis with local
information such as local developer or owner interest to utilize zoning and incentives established through SB 9.
Modifications to Appendix D with added
analysis on the calculation of SB 9
housing unit projections on Page D-50.
Added Implementation Program BL,
Senate Bill 9 Monitoring to Section 10.6,
Implementation Programs of Chapter 10
requiring annual monitoring of the SB 9
applications to evaluate the
effectiveness of SB 9 housing
development and consider additional
incentives if necessary.
19 Availability of Infrastructure: The element must
demonstrate sufficient existing or planned water and
sewer capacity to accommodate the Town’s RHNA for the
planning period.
Language from pages 90 through 92 of
the Housing Element Environmental
Assessment were added to Appendix C,
Page C-31 to demonstrate the Town’s
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utility and service systems
infrastructure.
20 Zoning for a Variety of Housing Types:
• Transitional and Supportive Housing: Transitional
housing and supportive housing are permitted as a
residential use and only subject to those restrictions
that apply to other residential dwellings of the same
type in the same zone. The element must
demonstrate compliance with this requirement or
include a program if necessary.
• Permanent Supportive Housing: By right permanent
supportive housing shall be a use by-right in zones
where multifamily and mixed uses are permitted,
including nonresidential zones permitting multifamily
uses pursuant to Government Code section 65651.
The element must demonstrate compliance with this
requirement and include programs as appropriate.
• Employee Housing: The element should clarify if there are any zones that allow agriculture uses. If there are zones that allow agriculture uses, then the town must
comply with California Health and Safety Code
Section 17021.6. Section 17021.6 requires employee
housing consisting of no more than 12 units or 36
beds to be permitted in the same manner as other
agricultural uses in the same zone.
• Manufactured Housing: The element must
demonstrate zoning permits manufactured housing
on a permanent foundation in the same manner and
in the same zone as a conventional or stick-built
structures are permitted (Government Code Section
65852.3) or add or modify programs as appropriate
Modified Implementation Program BC,
Zoning Text Amendment for Special
Needs Housing to Section 10.6,
Implementation Programs of Chapter 10,
modifying the zoning code to permit the
following:
• Allow Transitional Housing and
Supportive Housing developments
by-right in all zoning districts that
permit residential uses as a
permitted use (per SB 2).
• Develop a by-right, streamlined,
ministerial review of Supportive and
Transitional Housing developments
(per AB 2162).
• Permit by-right Permanent
Supportive Housing and Transitional
Housing in zones where multi-family
and mixed uses are permitted,
including nonresidential zones
permitting multi-family uses (per
Government Code Section 65651).
• Allow Employee Housing consisting
of up to 36 beds or 12 units in zones
that allow agricultural uses (per
Health and Safety Code Section
17000, et seq.).
Language has been added to Appendix C,
subsection, Manufactured Housing,
describing that the Town’s current
zoning permits manufactured housing
on a permanent foundation in the same
manner and in the same zones that
conventional or stick-built structures are
permitted.
21 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. The Town must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planningand-community-development/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at [email protected] for technical
Table B of Appendix H has been
modified to include four new sites:
16151 Los Gatos Boulevard, 620 Blossom
Hill Road, 15480 Los Gatos Boulevard,
and 15500 Los Gatos Boulevard.
Table C of Appendix H has been modified
to include the Housing Element Overlay
Zone for all sites within the Sites
Inventory.
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Number HCD Comment (1/12/23 Letter) Response
assistance.
22 4. 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, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential
constraints on a variety of housing types. For example, the element should analyze all development standards by
zoning district for impacts on housing costs and ability to achieve maximum densities. The element should also
discuss any local initiatives, referendums, moratoriums or other mechanisms (existing or proposed) that impact
housing supply, cost, feasibility, timing and ability to achieve maximum densities. In addition, the analysis
should specifically address the development standards in the North Forty Specific Plan, Mixed Use Commercial, and the High-Density Residential zone. The analysis must
evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve maximum densities. The Town could engage the
development community to assist with this analysis.
Table C-1 in Appendix C contains details
of the development standards by zoning
district, and Table C-2 was added to
describe permitted residential uses and
residential uses which require
conditional use permit in each zoning
district. Additional discussion was added
to describe the modifications to these
regulations that will be made by the
Town to reduce the constrains imposed
by the CUP process.
Discussion of additional constraints are
also provided and augmented in
Appendix C, including by General Plan
Designation, Town Code (Zoning
District), Building Code, on- and off-site
improvements, design standards and
guidelines, fees, and processing times.
The outreach conducted as part of the
Housing Element update, as described in
Section 10.1.5, included outreach to and
discussions with the development
community in Town. Their feedback and
a desire to continue discussion on
process improvements was incorporated
into this Housing Element update,
including Implementation Program A.
23 Fees and Exaction: While the element lists the total fees per units for single-family and multifamily development, it should also list the fees that comprise that total and
particularly impact fees then evaluate those total fees for impacts on development costs.
Additional development and impact fees
associated with residential development
costs were added to Appendix C,
subsection, Governmental Fees and
Exactions. See page C-13.
24 Local Processing and Permit Procedures: The element
must describe and analyze the types of permits, extent of discretionary review including required approval findings, number of public hearings and processing time required
for a typical single family and multifamily development that meets zoning requirements.
Additional narrative describing the
processing and permitting timeline
provided in Appendix C, subsection,
Processing and Permitting Time. See
Page C-27.
25 Housing for Persons with Disabilities: The element
indicates the Town adopted a procedure for requesting
reasonable accommodation for persons with disabilities
(p. C-23) and describes the procedure; however, the
element should address criteria related to: “There would be no impact on surrounding uses” and include a program One of the mandatory criteria for the
procedure for requesting reasonable
accommodation for persons with
disabilities could be considered a
constraint, “There would be no impact
on surrounding uses.” Implementation
Town of Los Gatos Response to HCD Comment Letter: Page 10 Comment
Number HCD Comment (1/12/23 Letter) Response
to address the constraint. In addition, residential care facilities for seven or more require a conditional use
permit (CUP). The element should evaluate the CUP as a
constraint and add a program to allow group homes in all residential zones with an objective and certain process similar to other residential uses.
Program BC, Zoning Text Amendments
for Special Needs Housing, has been
added to modify Municipal Town Code
Section 29.10.530(5) text to read, “There
would be no minimal impact on
surrounding uses.”
Added Implementation Program BC,
Zoning Text Amendments for Special
Needs Housing to Section 10.6,
Implementation Programs of Chapter 10
to allow for group homes of seven or
more by-right in residential districts, and
to conform with HCD’s Group Home
Technical Advisory (December 2022).
Additional language included in
Appendix C, Table C-2, Housing Types
Allowed by Zoning District, and Appendix
C, subsection, Constraints on Housing for
Persons with Disabilities.
26 Density Bonus: The element states the Town adopted a state density bonus program in June 2012. The Town’s
current density bonus program should be reviewed for
compliance with current State Density Bonus Law (SDBL). (Gov. Code, § 65915.). The element should include a
program to update density bonus program. Program V is
conducting a study to evaluate the existing Density Bonus Ordinance and recommend changes to increase the
number of units constructed, however it should
specifically commit to update the ordinance in compliance with state law.
Amendment of the Town’s Density
Bonus Ordinance has been added to
Implementation Program BJ, Ordinance
Amendments within Chapter 10.
27 Inclusionary Zoning Ordinance: The element mentions the Town’s inclusionary zoning ordinance, but it must also
analyze the Town’s inclusionary housing requirements,
including its impacts as potential constraints on the
development of housing for all income levels. The analysis must evaluate the inclusionary broader policy’s
implementation framework, including the percentage of
new residential construction that is dedicated to
affordable housing, the types of options and incentives offered, relationships with SDBL and any other factors
that may impact housing costs.
Additional narrative describing the
Below Market Price Program and a
comparison of inclusionary requirements
for nearby jurisdictions provided in
Appendix C, subsections, Below Market
Price (BMP) Program and Affordable
Housing In-Lieu Fee Fund.
28 Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for
posting all zoning, development standards and fees for
each parcel on the jurisdiction’s website.
Added language to Section 10.1.4
Overview of Planning and Legislative
Efforts, clarifying that the Town is in
compliance with transparency
Town of Los Gatos Response to HCD Comment Letter: Page 11 Comment
Number HCD Comment (1/12/23 Letter) Response
requirements.
29 5. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental
disability; large families; farmworkers; families with
female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd.
(a)(7).)
Special Housing Needs: While the element quantifies
some of the Town’s special needs populations, it must
also estimate the number of persons experiencing
homelessness in the Town. In addition, the element
reports data but must also analyze the special housing
needs. For a complete analysis of each population group, the element should quantify the needs, evaluate trends
and characteristics (e.g., tenure, income) of housing
needs, discuss disproportionate challenges faced by the population, the existing resources to meet those needs, assess any gaps in resources or effectiveness of past
strategies, describe the magnitude of the remaining need and appropriate propose policies and programs.
For additional information and a sample analysis, see the Building Blocks at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements/buildingblocks.
Additional discussion of the housing
needs of individuals with disabilities, and
details of the number of homeless
individuals within the Town, was added
to Section A.9 of Appendix A.
30 C. Housing Programs
1. Include a program which sets forth a schedule of
actions during the planning period, each with a timeline for implementation, which 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... (Gov. Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and
achieve the goals and objectives of the housing element, programs should have specific commitment toward
housing outcomes and discrete and early timing (e.g., at least annually or by Jan 2025). Examples of programs to be revised include:
• Program K, Small Multi-Unit Housing: The Program
should include a timeline of when zoning code will be
updated.
• M Lot Consolidation: The Program should include a
Modification to Section 10.6,
Implementation Programs of Chapter 10
to include a quantified objective and
performance metric, where applicable.
Town of Los Gatos Response to HCD Comment Letter: Page 12 Comment
Number HCD Comment (1/12/23 Letter) Response
quantification of approximately how many lot
consolidations the town plans to facilitate.
• Program R, Development Impact and Permit Fees:
The Program should include a completion timeline.
• Program S, Affordable Housing Development: The
Program should include quantification of
approximately how many units will be incentivized.
• Program T, Purchase Affordability Covenants in
Existing Apartments: The element should clarify the
timeline to establish and implement the program
(e.g., by 2024 and at least annually).
• Program AC, Housing Opportunities for Persons Living
with Disabilities: The Program must include a
completion timeframe.
• Program AK, Housing Conditions Survey: Program
should be revised to include a specific timeline for
when the housing condition survey will be conducted.
Additionally, the element should describe how often
funding will be applied for (e.g., annually).
• Program AR, CDBG and Other Housing Rehabilitation
Programs: The Program should clarify how often the
Town will participate in the County of Santa Clara
Community Development Block Grant Joint Powers
Authority (e.g. annually, biannually).
• Program AS, Countywide Home Repair Programs: The
Program should include a numerical target (e.g., how
many minor home repairs).
Program AU, Residential Rehabilitation Program: The
Program should include a timeline commitment.
31 2. 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 Government Code
section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including
multifamily rental housing, factory-built housing, mobile homes, housing for agricultural employees, supportive
housing, single-room occupancy units, emergency
shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
The Pipeline Projects have been
modified to include additional narrative
about their current status in the
entitlement process on Page D-52 within
Appendix D. Additional narrative about
the SB 9 projections have also been
added to Page D-50 within Appendix D.
The Sites Inventory Form in Appendix H
has been modified to show the
minimum density for the North Forty
Specific Plan Area as 30 dwelling units
per acre and the maximum as 40
dwelling units per acre. Implementation
Program D has also been included to
amend the North Forty Specific Plan to
increase the maximum allowable density
to 40 dwelling units per acre.
Town of Los Gatos Response to HCD Comment Letter: Page 13 Comment
Number HCD Comment (1/12/23 Letter) Response
As noted in Finding B3, 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 a shortfall of sites or zoning available to encourage a variety of housing types.
In addition, the element should be revised as follows:
See response number 15 regarding
replacement housing requirements.
See response number 16 regarding small
sites.
See response number 17 regarding
affordable units for sites with densities
less than 30 dwelling units per acre.
See response number 19 regarding
infrastructure availability.
32 Program D Additional Housing Capacity: Currently the element identifies a shortfall of adequate sites to
accommodate the RHNA within the planning period.
Program D appears to be intended to rezone sites to
accommodate a shortfall of sites for the lower-incomeRHNA. However, the Program must be revised to meet all requirements pursuant to Government Code section
65583.2, subdivisions (h) and (i). For example, the
Program must commit to permit owner-occupied and
rental multifamily uses by-right (without discretionary action) for developments in which 20 percent or more of the units are affordable to lower-income households.
Modified Program BH to clarify reuse
sites will allow by-right approval for
housing developments when 20 percent
or more units of the units are affordable
to lower-income households and all
rezonings will be completed by January
2024.
33 Replacement Housing Requirements: The housing element must include a program to provide replacement housing.
(Gov. Code, § 65583.2, subd. (g)(3).) The replacement
housing program must adhere to the same requirements
as set forth in Government Code section 65915,
subdivision (c), paragraph (3).
Added Implementation Program BK, Unit
Replacement Program to Section 10.6,
Implementation Programs of Chapter 10
requiring replacement housing units to
be built when existing affordable units
are demolished, per Government Code
Section 65915 I(3).
34 3. The Housing Element shall contain programs which
assist in the development of adequate housing to meet
the needs of extremely low-, very low-, low- and
moderate-income households. (Gov. Code, § 65583, subd.
(c)(2).)
Program S (Affordable Housing Development): While the
program targets extremely low income and other special
needs groups, it should also include very low- and lowincome households. The Program should be revised to include outcome-oriented commitments such as annual
outreach with developers and identification of
development or housing opportunities.
Modified Program S: Affordable Housing
Development in Section 10.6,
Implementation Programs of Chapter 10
to include very low- and low-income
households, facilitate annual outreach to
developers, and identifying development
and housing opportunities.
35 4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints
See response number 25 regarding
implementing programs to mitigate
Town of Los Gatos Response to HCD Comment Letter: Page 14 Comment
Number HCD Comment (1/12/23 Letter) Response
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. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding 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.
existing governmental constraints.
Added discussion of the requirement to
install story poles as a government
constraint, as described in Appendix C,
subsection, Story Poles. In response to
the constraint, Implementation Program
BM has been added to Section 10.6,
Implementation Programs of Chapter 10,
reviewing the Town’s Story Pole and
Netting Policy and explore options for
residential or mixed-use projects with
affordable housing to reduce the
associated costs of installing story poles.
Chapter 10.2.7, Governmental and NonGovernmental Constraints, and Appendix C, Governmental and Non-Governmental
Constraints, describes the Town’s
governmental constraints.
36 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... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element requires a complete AFFH analysis. Depending upon the results of that
analysis, the Town may need to revise or add or modify
goals and actions. 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, milestones, geographic targeting and
metrics or numerical targets and, as appropriate, address housing mobility enhancement, new housing choices and
affordability in higher opportunity or higher income areas, place-based strategies for community revitalization and displacement protection. For example, the element must
add significant and meaningful housing mobility actions to overcome the existing patterns in the Town related to the broader region.
Modified Section 10.6, Implementation
Programs of Chapter 10 to include
Implementation Program BI, to work
with affordable and market rate housing
developers to affirmatively market
affordable housing.
37 6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).)
Modified Program U: Accessory Dwelling
Units in Section 10.6, Implementation
Programs of Chapter 10 to include a
Town of Los Gatos Response to HCD Comment Letter: Page 15 Comment
Number HCD Comment (1/12/23 Letter) Response
Program U Accessory Dwelling Units (ADU): While the
element includes a program to incentivize ADU
development by waiving fees when an ADU is deed
restricted for very low-, and low-income households, it should also provide other incentives that incentivize and promote the creation of ADUs that can be offered at
affordable rent. The element could consider other ADU
incentives such as exploring and pursuing funding,
modifying development standards, and reducing fees
beyond state law, pre-approved plans, and
homeowner/applicant assistance tools. Finally, the
program should commit to monitor the production and
affordability of ADUs (e.g., every other year) and make adjustments, if necessary, by a date certain (e.g., within six months).
homeowner marketing program for
ADUs, providing homeowner assistance
tools, collaboration with countywide
efforts to develop pre-approved ADU
plans, including plans that are ADA
accessible, streamline review and
permitting of ADU’s by publishing preapproved plans, and annually monitor the number of ADU’s produced.
38 D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved
over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element did not address this requirement. The
element must include quantified objectives to establish an estimate of housing units by income category, including extremely low-income households, that can be
constructed, rehabilitated, and conserved over the
planning period.
Modified Section 10.6, Implementation
Programs of Chapter 10 to include a
quantified objective and performance
metric for each implementation
program.
39 E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the
community in the development of the Housing Element,
and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
While the element described various efforts to achieve
public participation in the preparation of the housing
element update, it should also describe how comments
were considered and incorporated into the element.
Public participation in the development, adoption and
implementation of the housing element is essential to
effective housing planning. During the housing element
revision process, the Town must continue to engage the
community, especially organizations that represent lowerincome and special needs households, including local neighborhood groups and commenters on this review
such as Silicon Valley@Home, by making information
The Town conducted further community
outreach at the Farmer’s Market, the
Town Library, at Town Hall, social media,
newsletters, and through the
distribution of a Renter’s Survey.
On November 15, 2022, the Town of Los
Gatos published a Renter’s Housing
Survey to gather input from residents
who are currently renting or have a
history of renting in the Town. The goal
of the survey was to inform the Town on
renter household’s needs and possible
barriers to accessing housing. The
survey was made available in English,
Russian, and Spanish, and posted on the
Town’s dedicated website. Additionally,
the survey was distributed in print
throughout the Town in collaboration
with West Valley Community Services
Town of Los Gatos Response to HCD Comment Letter: Page 16 Comment
Number HCD Comment (1/12/23 Letter) Response
regularly available while considering and incorporating comments where appropriate. Please be aware, any
revisions to the element must be posted on the local
government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at
least seven days before submitting to HCD.
(WVCS). The survey received a total of
62 responses. The Town had anticipated
many of these results from the survey
and as a result added Implementation
Program P, Funds for Development for
Extremely Low-Income Households,
Program Y, Nonprofit Affordable Housing
Providers, and Program AN, Fair Housing
Education to the Housing Element.
Staff has also met with Silicon
Valley@Home to discuss the Housing
Element.
40 F. General Plan Consistency
The Housing Element shall describe the means by which
consistency will be achieved with other general plan
elements and community goals. (Gov. Code, § 65583,
subd. (c)(7).)
The Town must discuss how internal consistency will be
maintained and achieved with other elements of the
general plan throughout the planning period.
State law requires internal consistency
of the General Plan. Given the recent
update of the Town’s General Plan,
conducted with an understanding of the
changes that were going to be required
as part of this Housing Element update,
only a few Housing Element
Implementation Programs are needed to
maintain the consistency.
Additional language has been added to
the discussion of the 2040 General Plan
in Section 10.1.4.
PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 03/16/2023
ITEM NO: 2
ADDENDUM
TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: March 15, 2023
TO: Housing Element Advisory Board
FROM: Joel Paulson, Community Development Director
SUBJECT: Review and Discuss the Town’s Revised Draft Housing Element Addressing the California Department of Housing and Community Development’s (HCD) Findings/Comment Letter Received by the Town on January 12, 2023.
REMARKS:
In response to a question from a Board Member, a comparison table of the Regional Housing Needs Allocation (RHNA) that includes the proposed number of housing units and buffer percentages for the 6
th cycle Housing Element has been provided in Attachment 4.
Attachment 5 contains public comments received between 11:01 a.m., Friday, March 10, 2023, and 11:00 a.m., Wednesday, March 15, 2023.
ATTACHMENTS:
Previously received with the March 16, 2023, Staff Report:
1. January 12, 2023, HCD Findings/Comment Letter
2. Response Memorandum to HCD’s Findings Comment Letter
3. Revised Draft Housing Element, Track Changes
Received with this Addendum Report:
4. RHNA Buffer Comparison Table
5. Public Comments received between 11:01 a.m., Friday, March 10, 2023, and 11:00 a.m., Wednesday, March 15, 2023
ATTACHMENT 4
This Page
Intentionally
Left Blank
RHNA Buffer Comparison Table
Jurisdiction 2023-2031
RHNA
Residential
Capacity to
Accommodate
RHNA
Buffer Over RHNA
Housing Units Percent
Santa Clara County Jurisdictions – Pending Certification by HCD Palo Alto 6,086 6,866 780 13%
Saratoga 1,712 1,994 282 16%
Cupertino 4,588 5,375 787 17%
Monte Sereno* 193 227 34 18%
Los Altos Hills* 489 602 113 23%
Gilroy 1,773 2,215 442 25%
San Jose 62,200 77,587 15,387 25%
Milpitas* 6,713 9,397 2,684 40%
Sunnyvale 11,966 16,952 4,986 42%
Mountain View 11,135 16,514 5,379 48%
Morgan Hill* 1,037 1,756 719 69%
Campbell 2,977 5,300 2,323 78%
Santa Clara* 11,632 22,096 10,464 90%
Bay Area Jurisdictions with Certified Housing Elements
San Francisco* 82,069 94,349 12,280 15%
Alameda* 5,353 6,424 1,071 20%
Oakland * 26,251 34,831 8,580 33%
Emeryville* 1,815 3,687 1,872 103%
Town of Los Gatos – options presented in the March 16, 2023, HEAB Staff Report Adopted 2023-2031 Housing
Element* 1993 2,312 319 16%
Revised Draft Housing Element
(Attachment 3 to March 16, 2023,
HEAB Staff Report)
1993 2,494 501 25%
After modification of Revised Draft
Housing Element to remove Sites
E-3 and F-2
1993 2,353 360 18%
Source: Respective Jurisdiction’s Housing Element Update Websites. Town of Los Gatos, Planning Department, March 10, 2023. *Adopted Housing Element
ATTACHMENT 4
This Page
Intentionally
Left Blank
3-15-23
To Town Manager, Laurel Prevetti; Town Clerk, Wendy Wood CC: Gabrielle Whelan, Town Council, Rick Van Hoosen
Re: Review the Updated Version of the Town’s Housing Element Agenda Item 2 We have reviewed the timeline of events related to the Town’s submission to HCD of its Housing Element. That timeline is as follows:
October 2022: The Town submitted its Initial Draft Housing Element to HCD. January 12, 2023: The Town received HCD’s comments on the Draft Housing Element January 30, 2023: The Town adopted a revised Housing Element with a finding that the revised Housing Element substantially complied with state law February 13, 2023: The newly-adopted revised Housing Element was submitted for certification to HCD. We are now waiting to hear from HCD regarding certification. March 2023: The Staff report for the upcoming HEAB is issued with several attachments, including attachment 3. Attachment 3 is a redline markup of the Initial Draft Housing Element. That is the one that was submitted to HCD in October, 2022.
We have several questions and concerns about this process. Specifically:
Why has the Staff marked up an old version of the Housing Element that is defunct and has no current standing?
Has the Town Staff now determined that the adopted & submitted Housing Element is not in substantial compliance with State law and that changes are necessary to become compliant and achieve certification?
If that is the case:
o when did the Staff arrive at this conclusion
o what were the new facts that supported this conclusion o why not wait until HCD completes its review of the adopted Housing Element so we know all the changes required to obtain certification?
If that is not the case, why is the Staff proposing to make any changes at all? Lastly, we remain very concerned about the Town’s ability to obtain certification and adopt a compliant housing element by May 31, 2023. The LGCA has expressed this concern several times in the past to Staff and the Town Council.
ATTACHMENT 5
In walking through the proposed timeline, if the Town submits a revised Housing Element by March 27 (which is immediately after the mandatory 7-day public comment period), the HCD has up to 60 days to provide formal comments. This suggests HCD’s comments would be due on May 26, 2023. Assuming HCD is prepared to certify the housing element (which is a questionable assumption), that will allow only 5 days to hold public hearings, have the Planning Commission meet and make a recommendation, and the Town Council to make a final decision.
Based on this, it appears highly unlikely that the Town will be able to meet the May 31, 2023. We are concerned that the Staff memo does not fully outline the timeline for adopting a compliant housing element by May 31, 2023, nor discuss the potential negative consequences of not meeting the statutory deadline.
We would greatly appreciate hearing from you regarding these points.
Jak Van Nada – In Behalf of:
Los Gatos Community Alliance
Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town
Modifications to the Draft Revised 2023-2031 Housing Element per the March 16, 2023, Housing Element Advisory Board Meeting
1. Modify the date of cover page.
2. Modify the Quantified Objectives and Performance Metrics of the Implementation Programs to provide more specificity.
3. Modify Appendix E to provide more specificity to the Achievements/Effectiveness column of Table E-1.
4. Include narrative that the local transit line connects to light rail for a regional transit connection.
5. Include narrative on how the referendum is not a constraint to the Housing Element.
6. Include narrative that the Town Council has made affordable housing partnerships one of the Council’s strategic priorities.
7. Clarify that all Implementation Programs identified by HCD comment #30 have been addressed in the revised Draft Housing Element.
8. Modify Implementation Programs AS and M to verify that a quantity is called out in either the Quantified Objectives or Performance Metrics.
9. Remove the word “unique” from Page A-2 of Appendix A.
10. Clarify or modify paragraph five of Page A-14 of Appendix A.
11. Include narrative describing the benefits of story poles on Page C-30 of Appendix C.
12. Modify the legend of Figure A-6 of Appendix A.
13. Modify the figure name of Figure 10-4 of Chapter 10.
14. Include narrative describing why the specified languages were chosen for the Town’s Renter’s Survey in Appendix B.
15. Include narrative describing the applicability of previous Housing Element goals to the sixth cycle in Appendix A.
16. Include narrative in Appendix A describing why the Town did not produce its estimated housing from the fifth cycle Housing Element.
17. Include narrative in Appendix A that the Town did meet its fifth cycle overall Regional Housing Needs Allocation (RHNA).
18. Modify Section A.5 of Appendix A to include additional narrative in response to a contributing factor.
19. Include narrative to Appendix A describing the location of the Sites Inventory throughout the Town and the proximity to Town services.
20. Prepared Table 10-4 of Chapter 10 to describe the 2023-2031 Quantified Objectives.
21. Include narrative in Chapter 10 describing the Town’s constraints to development opportunities given the proximity to the hillsides and fire danger.
22. Include narrative in Appendix C describing how public art is not considered to be a constraint to housing.
23. Modify typos in story pole language in Appendix C.
ATTACHMENT 5
24. Remove a comma from the first paragraph following “Program BC” on Page C-7 of Appendix C.
25. Modify the first paragraph under Multi-Family Housing on Page C-8 of Appendix C to state “costs associated.”
26. Modify the fourth paragraph under Multi-Family Housing on Page C-8 of Appendix C to state “currently allow.”
27. Modify the sixth paragraph under Below Market Price (BMP) Program on Page C-32 of Appendix C to delete the duplicate term “additionally, the Town Council.”
28. Modify the second paragraph under Employee Housing to delete the duplicated Town Code Section reference.
PREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Town Manager, Town Attorney, and the Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023
ITEM NO: 8
ADDENDUM
DATE: April 3, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Review and Discuss the Draft Revised 2023-2031 Housing Element as Submitted to the California Housing and Community Development Department on March 31, 2023.
REMARKS:
In response to a Council Member question, this Addendum includes a description of the next steps and estimated timeline for the Housing Element process through zoning implementation, as well as clarification on the next step on work in response to the referendum of the 2040 General Plan Land Use and Community Design Elements.
Once HCD determines and communicates that the Town’s Draft Housing Element is ready for certification, the public hearing process for adoption will occur again with the Planning Commission making a recommendation and the Town Council making the final decision on adoption of the Housing Element.
After the adoption of the Housing Element, the following steps will be taken to complete Implementation Program BF (Zoning Code Amendments) and Implementation Program BG (General Plan Amendment) of the Housing Element by January 31, 2024:
1. Draft language for the Zoning Code and General Plan Amendments;
2. Review by the General Plan Committee to consider the draft language for the Zoning Code and General Plan Amendments and provide a recommendation to the Planning Commission and Town Council;
3. Review by the Planning Commission to consider the draft language for the Zoning Code and General Plan Amendments and provide a recommendation to the Town Council; and
4. Final decision by the Town Council.
PAGE 2 OF 2
SUBJECT: Review and Discuss the Draft Revised 2023-2031 Housing Element as Submitted to HCD on March 31, 2023
DATE: April 3, 2023
REMARKS (continued):
These steps are anticipated to take approximately three to four months.
As directed by Town Council on October 18, 2022, in their discussion of the next steps for the referendum, the reconsideration of the 2040 General Plan Land Use and Community Design Elements will return to Town Council as a separate item after adoption of the Housing Element.
Attachments previously received with the Staff Report:
1. January 12, 2023, HCD’s Findings Comment Letter
2. February 16, 2023, HEAB Meeting Minutes
3. March 16, 2023, HEAB Staff Report with Attachments 1-2
4. March 15, 2023, HEAB Addendum with Attachments 4-5
5. Modifications to the Revised Draft 2023-2031 Housing Element per the March 16, 2023, HEAB Meeting