14 transportation, air quality, GHG, and habitat. Absent a new program-level VMT mitigation approach, there are limited feasible mitigation options for project sites, and as a result limited ability to reduce VMT. Also, practically speaking, without feasible mitigation, significant VMT impacts would be significant and unavoidable (SAU). Under these circumstances, a project must prepare an EIR, thus adding time and cost to environmental review compared to an initial study/negative declaration (IS/ND) that relies on streamlining offered in the CEQA Statue & Guidelines.
Should a project not be consistent with the General Plan, or for some other reason unable to benefit from streamlined CEQA review under CEQA Statue & Guidelines Section 15183, the following sections provide details on how to conduct a complete VMT analysis for land use plans and projects in the Town of Los Gatos.
3.1.1 Regional Transportation Plan/Sustainable Communities Strategy and General Plan Consistency
The first step in assessing project impacts is to determine if the project land use is contained within the Town of Los Gatos residential and non-residential land use allocations in the current Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), and if the project is consistent with the latest General Plan. If the project is not consistent with the RTP/SCS and/or the latest General Plan, amendments to those documents or the project would be needed prior to proceeding with the project review.
3.1.2 VMT Assessment
Projects not consistent with the current RTP/SCS or the latest General Plan are required to complete a VMT analysis using the VTA Travel Model to determine if there would be a significant VMT impact. The tools and methodology of the VMT analysis shall be approved by PPW Director (or Traffic Engineer). The impact analysis includes two types of VMT:
1. Total Project Generated VMT – Daily VMT of all vehicle trips, vehicle types, and trip purposes for all project land uses, presented as a total project generated VMT.
2. Project’s Effect on VMT within the Town of Los Gatos. VMT that occurs within the Town of Los Gatos by any type of vehicle. This captures all on-road vehicle travel on a roadway network for any purpose, and includes local trips as well as trips that pass through the area without stopping.
If the land use control totals increase between the without and with project conditions in the travel model, these VMT metrics will need to be expressed on a per service population (residents, employees, and other populations generating the VMT) basis to understand the effects of the project between scenarios.
The types of VMT analysis are evaluated for the following scenarios:
15 • Baseline Conditions – Conditions in the baseline year for the CEQA analysis, which is most often chosen as the time of notice of preparation (NOP) of an environmental document, but may be chosen as the baseline year of the VTA Travel Model, if land use and transportation network conditions can be considered largely unchanged between the model baseline year and the date of the NOP. For compliance with the CEQA Statute & Guidelines Section 15125(a), the transportation impact analysis must include a description of the physical environmental conditions near the project, as they exist at the time the NOP is published, or if no NOP is published, at the time environmental analysis is commenced, from both a local and regional perspective. Baseline VMT estimates will be prepared using the most recent base year VTA Travel Model. • Baseline with Project Conditions – The project land use is added to the project Transportation Analysis Zone (TAZ), or a separate TAZ may be created to contain the project land uses. A full model run is performed and VMT changes (by metric of choice) are isolated for the project TAZ and across the full model network. The model output must include reasonableness checks of the production and attraction balancing to ensure the project effect is accurately captured. If this scenario results in a less-thansignificant impact, then additional cumulative scenario analysis may not be required. • Future Year Cumulative Conditions – Conditions requiring an RTP/SCS and/or General Plan amendment are also required to evaluate the project effect on VMT under Future Year Cumulative Conditions. This scenario buildout of the region’s land use and transportation system also provides the long-range view of future travel patterns.
Future Year Cumulative Conditions VMT estimates should be based on the horizon year of the most recent VTA Travel Model, ensuring the model does not already contain the land uses or transportation improvements associated with the project. • Future Year Cumulative with Project Conditions – The project land use is added to the project TAZ, or a separate TAZ is created to contain the project land uses. The addition of project land uses may be accompanied by a reallocation of a similar amount of land use from other TAZs throughout the model area (focusing on Santa Clara County), especially if the proposed project is significant in size such that it would potentially reduce the potential for development throughout the rest of the model area. Land use projects will generally not change the Future Year Cumulative Conditions control totals for population and employment growth within the model area. Instead, they will influence the land use supply through changes in General Plan land use designations and zoning. If project land uses are simply added to the Future Year Cumulative Conditions scenario, then the analysis should reflect this limitation in the methods and acknowledge that the analysis may overestimate the project’s effect on VMT. A full model run is performed and VMT changes (by metric of choice) would be isolated for the project TAZ and across the full model network. The model output must include reasonableness checks of the production and attraction balancing to ensure the project effect is accurately captured.
The model output should include the two VMT metrics listed earlier: 1) total project generated VMT, and 2) project’s effect on VMT using the total boundary VMT. Emissions vary by speed bin; disaggregating VMT by speed bin allows different emissions factors to be applied at
16 different speeds, which allows for the preparation of a more refined emissions analysis. The total boundary VMT is needed as an input for air quality, greenhouse gas (GHG), and energy impact analysis, while the project generated VMT metrics are used for the transportation impact analysis.
Both “with project” scenarios noted above will summarize the two types of VMT and be compared to the without project condition.
Project generated VMT should be extracted from the VTA Travel Model by combining either the origin-destination (for total VMT) or production-attraction (for the other metrics) trip matrices and congested skims (travel distances for each origin-destination pair in the travel mode) from final assignment. The VMT should be adjusted to reflect trips that extend beyond the model boundary. The project’s effect on VMT should be estimated using the Town limit boundary and extracting the total link-level VMT for both the without and with project conditions. Additional VMT metric specifications may be found in the SB 743 Implementation for the Town of Los Gatos (July 2020) document package.
If a project is mixed-use (i.e., composed of both residential and retail/office uses), project generated VMT should be extracted for both the total VMT and VMT per service population (residents and employees).
3.2 VMT Significance Thresholds
The Town Council adopted Resolution 2020-045, Designating the Use of Vehicle Miles Traveled as the Metric for Conducting Transportation Analyses Pursuant to the California Environmental Quality Act and Establishing the Thresholds of Significance to Comply with California Senate Bill 743. The thresholds balance the Town’s priorities with respect to competing objectives, including Los Gatos’s geographic and transportation context, greenhouse gas reduction goals, interest in achieving the state’s greenhouse gas reduction goals, and the latest General Plan goals and policies related to land use mix, economic development, and housing provision.
VMT analyses shall evaluate a project’s VMT impacts based on the thresholds established in the latest Council-adopted resolution.
3.3 VMT Mitigation Measures
To mitigate VMT impacts, the project shall be conditioned for implementation of mitigation measures in the following categories::
1. Modify the project’s built environment characteristics to reduce VMT generated by the project;
2. Implement transportation Demand Management (TDM) measures to reduce VMT generated by the project; and/or
3. Participate in a VMT fee program and/or VMT mitigation exchange/banking program (if they exist) to reduce VMT from the project or other land uses to achieve acceptable levels.
17 The Town is in the process of updating the General Plan and the Draft Environmental Impact Report (DEIR) for the 2040 General Plan was released for public review in July 2021. The 2040 General Plan DEIR identifies significant but unavoidable transportation impacts and the mitigation measures. The Town is taking a Town-wide approach for VMT impact mitigation.
Attachment 3, VMT Reduction Actions for the Town of Los Gatos, provides a framework for mitigating VMT in the Town. Attachment 2, Transportation Mitigation Improvements Project List, has many improvements that are consistent with the VMT Reduction Strategies.
Evaluation of VMT reductions should be conducted using state-of-the-practice methods, recognizing that many of the TDM strategies are dependent on building occupant performance over time. As such, actual VMT reduction cannot be reliably predicted, and monitoring may be necessary to gauge performance related to mitigation expectations.
4. Transportation Analysis (CEQA) for Transportation Projects Transportation Analysis for transportation projects shall follow the latest CEQA Guidelines and related technical advisories from the Governor’s Office of Planning and Research (OPR).
The Thresholds of Significance for all transportation projects are established in the latest Council-adopted resolution.
Transportation projects that reduce, or have no impact on, vehicle miles traveled should be presumed to cause a less than significant transportation impact.
In 2020 Caltrans adopted its guidance under SB 743. The department’s Transportation Analysis Framework and Transportation Analysis for CEQA provide guidance for assessing induced travel impacts from prospective projects on the State Highway System. CEQA analysis for proposed transportation projects on the State Highway System should also follow Caltrans guidance.
5. Transportation Analysis per the Town’s Transportation Policies
The contents and extent of a local transportation analysis per the Town’s General Plan depend on the location and size of the proposed development, the prevailing transportation conditions in the surrounding area, and questions from decision-makers and the public. The Town is committed to a well-connected transportation system that enables safe access for all modes of travel. The methods presented in this chapter include robust data collection and analysis techniques for pedestrian, bicycle, and transit networks, in addition to vehicle circulation.
The local transportation analysis shall be prepared consistent with the latest VTA TIA Guidelines, with the exceptions described in this document.
18 5.1 Study Area
The study area is determined by evaluating the project location and how it may affect all transportation modes and facilities. It is not simply a map showing where the project is located.
Rather, the study area is the area of influence of a project. Each local transportation analysis will consider the adjacent transportation system for site access and circulation of land development projects and street modifications for transportation projects. To properly assess the site access, the Town may require off-site intersection analysis and/or other multimodal analysis.
The study area may include the nearest CMP facility to evaluate the proposed project’s conformity with the CMP facilities.
Applicants should consult with Town staff early regarding the need for a local transportation analysis based on local or site-specific issues, especially those related to pedestrians, bicyclists, and transit users.
5.2 Key Study Elements
The extent and complexity of a local transportation analysis will vary on the project attributes.
Table 2 summarizes the basic requirements for a local transportation analysis for every project requiring a complete transportation analysis. Specific significance criteria for each of the listed elements are described in further detail in the Transportation Analysis (CEQA) for Land Use Projects and Transportation Analysis (CEQA) for Transportation Projects sections. To avoid substantial off-site improvements or changes to the project site plan/description after the transportation analysis is completed, a preliminary site plan shall be included for a “fatal flaw” evaluation.
Table 2: Local Transportation Analysis – Evaluation Criteria Study Element Evaluation Criteria
General Plan
Consistency
Evaluate the project against goals, policies, and actions set forth in the latest General Plan and other applicable Town plans.
Parking
Compare the project parking plan with Town and local specific plan standards and discuss how the proposed supply will affect demand for walking, bicycling, and transit modes. If a mix of land uses is proposed on site, or complements adjacent land uses, justify how the development will make use of shared on-site parking.
On-Site
Circulation
Review and evaluate site access locations, turning radii, truck loading areas, emergency access, and other site characteristics with respect to operations and safety for all modes of transportation.
Pedestrian
Facilities
Identify any existing or planned pedestrian facilities that may be affected by the project. Document how the project will affect local pedestrian circulation (e.g., disclose how widening a road or adding a driveway will affect pedestrian safety and walking time).
19 Table 2: Local Transportation Analysis – Evaluation Criteria Study Element Evaluation Criteria
Bicycle
Facilities
Identify any existing or planned facilities that may be affected by the project.
Transit
Identify any existing or planned transit facilities that may be affected by the project. If appropriate, document how the project improves access to or utilization of transit. For system planning, use crush load as capacity, not seated capacity.
Safety
Assessment
Evaluate project trips added to safety enhancement projects within the study area that are proposed as part of other future safety studies by the Town or other agencies.
Trucks (or
Other Large
Vehicles)
For relevant industrial projects, identify the number of truck trips that will be generated, and design facilities necessary to accommodate these trucks.
Automated
Vehicles or
Transportation
Network
Company Pickup/Drop-Off
For projects where automated vehicles and/or transportation network companies may have a large concentration of pick-up/drop-off, the project site circulation and pick-up/drop-off areas must be reviewed to identify opportunities and constraints of the project site. Modifications to the site circulation and/or pick-up/drop-off may be recommended.
Off-Site Traffic
Operations
All roadway facility analysis and Level of Service should be conducted using the latest version of the Highway Capacity Manual (HCM).
Intersection
Traffic Control
Evaluate unsignalized intersections located within the study area to determine appropriate traffic control. Analysis should include documentation of the appropriateness of a roundabout as an alternative or replacement to a traffic signal.
Other Issues
Consider other issues on a case-by-case basis (e.g., construction deficiencies, queuing between closely spaced intersections, emergency access, special event traffic)
Other
Jurisdictional
Requirements
In situations where several agencies must approve a development or are responsible for affected roadways, the applicant must contact lead and responsible agencies to determine issues to be addressed, scope of study, etc. In general, the applicant will be responsible for analyzing project impacts against appropriate jurisdictional thresholds; however, the analysis method will be determined by the Town in compliance with CEQA, and the impacts will be mitigated consistent with Town standards.
5.3 Data Collection
Accurate data is essential to achieve a high level of confidence in local transportation analysis results. Existing transportation data shall be collected using the requirements set forth below.
Data should be presented on maps or figures where appropriate. To address the specific needs of each project, the extent of data collected shall be at the discretion of Town staff.
20 • Pedestrian/Bicycle Facilities – Document the existing pedestrian and bicycle facilities serving the project site. Elements will include presence and width of sidewalks, curb ramps, crosswalks, or other pedestrian facilities providing access to the nearest attractors of the project site, such as transit stops, neighborhood attractors and/or complimentary land uses, and bicycle facilities (e.g., routes, lanes, or shared-use paths) within a two-mile bicycling distance of the project site. Document barriers, deficiencies, and high pedestrian-demand land uses, including schools, parking, senior housing facilities, and transit stops or centers. The report will note any deficiencies or enhancements planned or recommended in the latest General Plan or future planning documents.
• Transit Facilities and Ridership – Document transit lines nearest to the project site, including stop locations, frequency of service, and any capacity issues. It will also describe transit stop amenities (e.g., benches, shelters, etc.). • Multimodal Peak-Period Turning Movement Counts – Turning movement counts, including vehicles, bicycles, and pedestrians, will be collected for each study time period at all study intersections. The following parameters will be followed (fall and spring days while school is in session are preferred):
o Data collection will cover at least two hours to ensure the peak hour is observed. o As applicable, 48-hour machine counts will be used to identify the peak period before conducting other counts or analysis.
o Traffic volumes should not be influenced by a holiday, weather, construction, or other temporary change.
o The percent of traffic that consists of heavy trucks will be noted/estimated during data collection.
o Some projects may require vehicle classification or occupancy counts. Consult with Town staff on a case-by-case basis.
o Traffic counts that are older than two years at study initiation will not be used without consultation and approval by Town staff. These counts may need to be adjusted to reflect current year traffic volumes.
• Daily Traffic Counts – Collect data for all study roadway segments using the parameters described above for peak period turning movement counts, with the exception of bicycle and pedestrian volumes. Daily counts are used to size facilities (e.g., 2-lane vs. 4- lane) and to identify temporal changes in traffic.
• Roadway Geometry – Document existing roadway and intersection geometries and lane configurations. Information from aerial photography and street views should be verified based on a site visit(s).
• Intersection Controls and Signal Timings – For use in intersection analysis, intersection control types and signal timings and phasing should be based on signal timing sheets (available from Los Gatos or Caltrans) and verified during site visits. • Five-Year Collision Data – Obtain Statewide Integrated Traffic Records System (SWITRS) through the local California Highway Patrol or through the following web site:
www.chp.ca.gov/switrs.
21 • Mode Split – Summarize daily and peak hour mode split for the study area land uses.
Data could include U.S. Census journey-to-work data, empirical surveys, or any other available surveys.
5.4 Project Site Access and Circulation Review
A detailed site plan review is required for all projects. The local transportation analysis should include a review and summary of findings of the following qualitative and quantitative features. • Consideration of roundabouts are encouraged. Conduct roundabout analysis as required by Town staff.
• Existence of any current traffic problems in the local area, such as a high-collision location, non-standard intersection or roadway, or an intersection in need of a traffic signal or a roundabout.
• Applicability of context-sensitive design practices compatible with adjacent neighborhoods or other areas that may be impacted by the project traffic. • Proximity of proposed site driveway(s) to other driveways or intersections. • Adequacy of the project site design to convey all vehicle types. • Number and type of parking provided, including vehicle and bicycle parking. • On- and off-street loading requirements.
• Adequacy of on-site vehicle, bicycle, and pedestrian circulation and provision of direct pedestrian paths from residential areas to school sites, public streets to commercial and residential areas, and the project site to nearby transit facilities.
An important aspect of a TA is to provide sufficient information for the Town to determine that a project is consistent with the latest General Plan and other applicable Town policies, plans, and standards. As such, individual projects must be reviewed against relevant policies contained in the latest General Plan or other plans and policies. Applicants should review the full policy statements in the latest General Plan Mobility Element.
If the study area extends into an adjacent jurisdiction, the applicant may be responsible for analyzing project generated operational impacts in these jurisdictions. These include intersection or segment locations in any other jurisdiction, including Caltrans-maintained facilities. The applicant shall refer to current policies in the respective jurisdiction to identify the appropriate significance criteria.
5.5 Analysis Scenarios
The range of scenarios includes Existing Conditions, Background Conditions, and Cumulative Conditions. Projects consistent with the latest General Plan will only be required to complete the Existing and Background conditions analysis; where Existing Conditions looks at the effect of the proposed project on the existing system within the next year or two, Background Conditions typically looks at a longer time frame of about three to five years. Inclusion of all three analysis conditions (e.g., Existing, Background, and Cumulative), would typically occur for large development projects, General Plan amendments, specific plans (and related amendments), with Cumulative Conditions having a time horizon of 10 to 20 years.
22 The following analysis scenarios will document existing or future conditions, any deficiencies, and identify deficiencies that will result from the addition of the project. Each scenario will include a qualitative description of transportation facilities for all modes (and any planned enhancements), traffic volumes, and a quantitative analysis of intersection LOS. Key study elements are identified in the Multimodal Analysis Methods section of this chapter. Details regarding each local transportation analysis scenario are presented below. • Existing Conditions – These conditions are based on recent field observations and recent traffic count data.
• Existing with Project Conditions – Traffic volume forecasts for roadway analysis reflecting Existing Conditions with traffic generated by the proposed project. For reuse or conversion projects, this may involve accounting for any existing use of the site that remains or will be removed. It should also qualitatively describe how the project will affect transportation for other modes, including compliance or relation to other Town documents.
• Background Conditions – Traffic volume forecasts for roadway segment and intersection analysis should reflect Existing Conditions with growth due to approved development that is expected to be operational before or concurrently with the proposed project. This scenario may not be needed if the study area has limited or no approved developments.
• Background with Project Conditions – This scenario represents the Background Conditions with vehicle trips added by the proposed project. It provides decision-makers and the public with a view of conditions with all recently approved development and physical improvements, including the proposed project.
• Future Year Cumulative Conditions – This scenario represents transportation conditions for all travel modes in the study area reflecting all approved projects, pending projects, or expected development of other areas of Los Gatos designated for growth under the latest General Plan or specific plan. In most cases, the project site will likely be vacant under this scenario. In some cases, this scenario may need to account for any existing uses on the site that could continue, and potential increases in development allowed by ministerial approvals.
• Cumulative with Project Conditions – This scenario represents the cumulative future transportation conditions with anticipated changes to the transportation system and the additions of project trips, and provides the long-range view of future traffic operations.
5.6 Analysis Time Periods
Based on the land use of the proposed project and upon consultation with Town staff, the study shall analyze traffic operations during the peak one hour of the following time periods:
• Weekday morning peak (7:00 – 10:00 AM)
• Weekday evening peak (4:00 – 7:00 PM)
23 For some projects, the Town may substitute or require additional peak hour analysis for the following time periods as approved or requested by the Town’s Traffic Engineer:
• Weekday afternoon peak (2:00 – 4:00 PM)
• Friday evening peak (4:00 – 7:00 PM)
• Weekend midday peak (11:00 AM – 1:00 PM)
• Sunday or holiday evening peak (4:00 – 7:00 PM)
For example, retail commercial projects should evaluate operations for Saturday midday peak hour conditions, in addition to the standard weekday morning and evening peak periods. The determination of study time periods should be made separately for each proposed project, based upon the peaking characteristics of the project generated traffic and peaking characteristics of the adjacent street system and land uses.
5.7 Multimodal Analysis Methods
The report should provide a quantitative and/or qualitative evaluation of the project’s potential adverse or beneficial effects on transportation facilities and services related to pedestrians, bicyclists, and transit users.
For some projects, more detailed multimodal analysis may be required. Such analysis shall be decided upon in consultation with Town staff and consider new tools, methods, and performance measures, such as those listed below.
• Multimodal LOS – The latest Highway Capacity Manual (6th Edition) contains methods for multimodal LOS.
• Person Delay – Simulation models can be used to measure system performance in terms of overall person-delay for all modes within a transportation network. This method provides a better decision-making tool for developing improvements to promote efficient movement of people, rather than a particular type of vehicle. • Safety Assessment – Evaluate whether the project adds vehicle trips to a safety improvement identified within the study area. (If a project may affect a Caltrans facility, a safety assessment may be needed for CEQA purposes as well.) • Bicycle Level of Stress (LTS) – Evaluate LTS for all bicycle facilities within a two-mile bicycling distance of the project site. There are several methods for evaluating LTS for bicycle facilities, which generally rely on street widths/number of vehicle lanes, vehicle speeds, daily volumes, and type of bicycle facility to evaluate “low stress” bike networks. The Low-Stress Bicycling and Network Connectivity (2012) report and the National Association of City Transportation Officials (NACTO) Urban Bikeway Design Guide, Second Edition (2014) contains methods for LTS.
• Pedestrian Level of Stress (LTS) – Evaluate LTS for all pedestrian facilities providing access to the nearest attractors (e.g., transit stops, neighborhood attractors and/or complimentary land uses) of the project site. Compared to bicycle LTS, there are parallel methods for calculating pedestrian comfort using best practiced from the NACTO Urban
24 Street Design Guide (2013) and pedestrian safety research. As with bicycle comfort, pedestrian comfort is based on a variety of factors ranging from the quality and presence of sidewalks to the conditions of the adjacent roadway (speed, number of travel lanes, frequency of trucks).
• Activity Connectedness – Travel time for each mode (e.g., walking, bicycles, transit, and vehicles) between the project and surrounding land uses can be used to gauge the degree of accessibility for a project. The Town desires to minimize travel time to necessary destinations while minimizing unnecessary vehicle travel. Tools such as geographic information systems or online tools (e.g., Index and Walk Score) can be used to gauge this measure specifically for walking. The main idea is to evaluate activity centers and destinations around projects to ensure that walk times to necessary destinations are minimized and the walking experience is comfortable.
5.8 Traffic Operations Analysis
Traffic operational deficiencies shall be analyzed using standard or state-of-the-practice professional procedures. The main issues related to traffic operations analysis are the method, input data, and assumptions. These three items influence the level of confidence and the associated level of defensibility of the local transportation analysis. For traffic operations, this requires following the procedures and techniques published in the most recent Highway Capacity Manual (HCM).
Traffic Operations Analysis should be conducted according to the latest VTA Traffic Level of Service Guidelines.
5.9 Mobility Deficiency Criteria
The overall guiding principal of the General Plan 2040 Mobility Element is to, “[p]rovide a wellconnected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.” Los Gatos evaluates each transportation mode to identify deficiencies. Local transportation analyses evaluate intersection operations focused on specific traffic issues such as queuing and safety. A greater emphasis is placed on pedestrian, bicycle, and transit facilities and services, in part to reduce traffic congestion and air quality impacts associated with automobile use. Table 5 outlines deficiency criteria for each mode. The mobility deficiency criteria can be used to identify conflicts with existing or planned multimodal facilities.
Table 5: Mobility Deficiency Criteria
Study Element Deficiency Determination
Parking Project increases off-site parking demand above a level required by the Town Zoning Code and/or desirable by the Town.
On-Site
Circulation
Project designs for on-street circulation, access, and parking fail to meet Town standards. Where Town standards are not defined, industry standards [Highway Design Manual, California Manual on Uniform Traffic Control Devices (MUTCD), etc.] should be referenced, as appropriate.
25 Table 5: Mobility Deficiency Criteria
Study Element Deficiency Determination
Failure to provide adequate accessibility for service and delivery trucks on site, including access to loading areas. Project will result in a hazard or potentially unsafe conditions without improvements.
Pedestrian
Facilities
Project fails to provide safe and accessible pedestrian connections between project buildings and adjacent streets, trails, and transit facilities.
Bicycle Facilities
Project disrupts existing or planned bicycle facilities or is otherwise inconsistent with the latest General Plan, Bicycle and Pedestrian Master Plan, or other related plans. Project adds bicycle trips along project frontage to an existing facility that needs improvements per the latest BPMP.
Transit Project disrupts existing or planned transit facilities and services or conflicts with Town adopted plans, guidelines, policies, or standards.
Heavy Vehicles
(Trucks and
Buses)
A project fails to provide adequate accommodation of forecasted heavy traffic or temporary construction-related truck traffic consistent with Town or industry standards (Highway Design Manual, MUTCD, etc.).
Off-Site Traffic
Operations
95th percentile vehicle queues exceed the existing or planned length of a turn pocket. The proposed project introduces a design feature that substantially increases safety hazards.
Signalized
Intersection
Traffic Control
Addition of project traffic causes a signalized intersection to 1) drop more than one level overall or at the worst individual approach delay if it is at LOS A, B, or C or 2) drop at all overall or at the worst individual approach delay if it is at LOS D or below.
Unsignalized
Intersection
Traffic Control
Addition of project traffic causes an all-way stop-controlled or side street stop-controlled intersection to 1) operate at LOS E or F overall or the worst-case movement, and 2) meets the Caltrans signal warrant criteria.
General Plan
Consistency
Evaluate the project against mobility, safety, and other related goals, policies, and actions set forth in the latest General Plan.
Other Subject
Areas
Consider other areas on a case-by-case basis (e.g., construction impacts, queuing between closely spaced intersections, emergency access, special event traffic, etc.).
Requirements
for Other
Jurisdictions
The project exceeds established deficiency thresholds for transportation facilities and services under the jurisdiction of other agencies.
5.10 CMP Deficiency Criteria
To determine consistency with the CMP, off-site intersection analysis may be needed and should be applied according to the latest VTA TIA Guidelines.
26 5.11 Mitigation Improvements
All project deficiencies should be addressed consistent with the policies of the latest General Plan Mobility Element. Under these circumstances, the applicant should meet with Town staff to identify transportation improvements that address the deficiencies. Table 6 shows example types of improvements to address transportation deficiencies.
Potential improvements may require a more detailed review, often including traffic operations, to demonstrate how they address a specific deficiency.
Selected improvements should be identified whether they will be implemented under Existing Conditions, Background Conditions, or Cumulative Conditions. Background Conditions generally reflect conditions at the time of full occupancy of a project.
If a transportation improvement is selected to address a deficiency, it should include a description of the benefit to traffic reduction generated by a proposed development and how the improvement contributes to the multimodal transportation system in Los Gatos. In addition, all transportation improvements need to consider whether they have secondary effects to VMT [i.e., whether the improvement is VMT inducing per guidance in the OPR Technical Advisory (December 2018, Pages 20-21)].
The improvement shall not unreasonably degrade bicycle, pedestrian or transit access, and circulation. If a project proposes improvements in response to auto LOS deficiency involving a change to existing roadway or intersection geometry, or changes to signal operations, the TA shall analyze and disclose secondary effects on other modes, i.e., whether the mitigation would affect pedestrian or bicycle conditions or increase transit vehicle delay, per the methodologies in 5.7.
Table 6: Example Improvements
Study Element Improvement
Project Modifications
and Transportation
Demand Management
• Alter density or diversity of project uses or integrate affordable housing
• Encourage telecommuting and alternative work schedules • Provide ride-sharing programs to encourage carpooling and vanpooling
• Provide local shuttle service
• Provide employer-sponsored vanpools or shuttles
• Provide pedestrian network improvements
• Provide traffic calming measures and low-stress bicycle network improvements
• Implement car-sharing (e.g., ZipCar) program
• Limit parking supply
• Unbundle parking costs from property costs
• Institute on-street market pricing for parking
27 Pedestrian and Bicycle
Facilities
• Provide for access to, from, and through the development for pedestrians and bicyclists
• Construct Class I bicycle paths, Class II bicycle lanes, and other facilities
• Provide secure bicycle parking and shower amenities
• Reduce travel lanes on a street to install a two-way left-turn lane and Class II bicycle lanes
• Add corner bulbouts, reduce curb radii, add pedestrian refuges, or implement other walking-related improvements Transit Facilities
• Provide bus turnouts, bus shelters, additional bus stops, and park-and-ride lots
• Fund increases in transit service
Parking Facilities
• Design parking facilities to allow free-flow access to and from the street
• Provide off-street parking per Town standards or
recommendations
• Implement shared parking among complementary land uses Traffic Control
Modifications
• Provide for yield or stop control
• Evaluate unsignalized intersections with substandard LOS for conversion to roundabout intersection control or
for signalization
• Provide coordination/synchronization of traffic signals along a corridor
• Provide turn-lane channelization through raised islands • Restrict selected turning movements
Street Operations
Modifications
• Optimize location of access driveway(s)
• Provide improvements to traffic signal phasing, or lengthen existing turning pocket
• Provide additional through traffic lane(s), right-turn lane(s), and left-turn lane(s) if they do not adversely impact other modes or induce additional vehicle travel
• Reduce travel lanes on a street to install a two-way left-turn lane
• Address congestion pricing on roads or within a specific area
28 Appendix A: Transportation Analysis Report Format Outline Note: Not all sections are required for all projects. The project applicant shall consult with the Town Traffic Engineer to determine the required sections.
1. Introductory Items
• Front Cover/Title Page
• Table of Contents, List of Figures, and List of Tables • Executive Summary
2. Introduction
• Project description
• Project sponsor/contact info
• Type and size of development
• Site plan (include proposed driveways, roadways, traffic control, parking facilities, emergency vehicle access, and internal circulation for vehicles, bicyclists, and pedestrians)
• Location map (include major streets, study intersections, and neighboring zoning and land uses)
• Scope of transportation analysis
3. Current Conditions
• Description of existing street system within project site and surrounding area • Location and routes of nearest public transit system serving the project • Location and routes of nearest pedestrian and bicycle facilities serving the project • Vehicle Miles Traveled Assessment
o Description of baseline VMT estimates (may include site and regional VMT estimates)
• Intersection Analysis for Site Access and Circulation Evaluation and CMP Evaluation o Figure of study intersections with peak hour turning movement counts, lane geometries, and traffic control
29 o Map of study area showing average daily traffic (ADT) of study roadways o Table of existing peak hour average vehicle delay and level of service (LOS)
4. Project Trip Generation
• Table of project generated trip estimate
• Figure/map of trip distribution (in percent)
5. Project Site Access and Circulation Evaluation
• Summary of a detailed site review for all modes of travel • Mobility deficiency analysis and summary to vehicle, transit, bicycle, and pedestrian facilities (under Project Conditions and Cumulative Conditions) • Summary of transportation improvements
CEQA Transportation Analysis Report Section
6. Vehicle Miles Traveled Assessment
• Summary of project generated VMT under Baseline Conditions • Summary of project’s effect on VMT under Future Year Cumulative Conditions • Identification of significant impacts
• Discussion of mitigation measures
• Evaluation of impacts of mitigation measures
7. Other CEQA Requirements
• Summary of conflicts with a plan, ordinance, or policy addressing the circulation system, including transit, roadways, bicycle lanes, and pedestrian paths. Present mitigation measures, as needed.
• Evaluation of hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Present mitigation measures, as needed.
• Emergency access evaluation. Present mitigation measures, as needed.
Local Transportation Analysis Report Section
8. Existing with Project Conditions
30 • Maps of study area with applicable peak hour turning movements (Project Only and Existing with Project Conditions)
• Table of Existing Conditions and Existing with Project Conditions intersection peak hour average vehicle delay and LOS (or other multimodal performance measure) • Traffic signal and other warrants
• Changes/Deficiencies to bike, pedestrian, and transit networks • Findings of project deficiencies
• Improvements for project deficiencies (include a map showing physical improvements) • Scheduling and implementation responsibility of improvements • Deficiencies of proposed improvements
9. Background Conditions
• Table of trip generation for approved project(s)
• Figure and/or table of approved projects trip distribution (in percent) • Map of study area with applicable peak hour turning movements (Background Conditions)
• Table of intersection peak hour average vehicle delay and LOS (or other multimodal performance measure) (including queue lengths, etc)
• Changes/deficiencies to bike, pedestrian, and transit networks • Traffic signal and other warrants
10. Background with Project Conditions
• Similar content to Existing with Project Conditions
11. Cumulative Conditions and Cumulative with Project Conditions • Map of study area with Cumulative Conditions peak hour turning movements • Map of study area with Cumulative with Project Conditions peak hour turning movements
• Table of Cumulative Conditions and Cumulative with Project Conditions intersection peak hour average vehicle delay and LOS (or other multimodal performance measure) • Changes/Deficiencies to bike, pedestrian, and transit networks • Traffic signal and other warrants
31 • Findings of project deficiencies
• Improvements for project deficiencies (include a map showing physical improvements) • Scheduling and implementation responsibility of improvements • Deficiencies of proposed improvements
Additional Sections for Transportation Analysis Report
12. Construction Deficiencies
• Trips due to construction workers
• Truck trips and truck access routes
13. Phasing Deficiencies (For Large Projects Only)
14. Appendices
• List of references
• List of authors
• Pedestrian, bicycle, and vehicle counts
• Technical calculations for all analyses
TITLE: Transportation Impact Policy
Attachment 2 - Traffic Mitigation Improvements Project List PAGE:
32 of 37
POLICY NUMBER:
1-08
Town of Los Gatos Traffic Mitigation Improvements Project List Source Description
Estimated
Project Cost
(2014 $)
Growth
Related
Project Cost
Share
Mitigation
Impact Fee
Eligible Cost
GP/VTP 2035 Blossom Hill Rd and Union Ave Intersection Improvements $ 1,200,000 90.00% $ 1,080,000 GP/VTP 2035 Los Gatos - Almaden Rd Improvements $ 3,000,000 50.00% $ 1,500,000 GP/VTP 2035 Los Gatos Blvd Widening - Samaritan Dr to Camino Del Sol - Road widening, new sidewalks and bike lanes $ 4,000,000 50.00% $ 2,000,000 GP/VTP 2035 Union Ave Widening and Sidewalks - complete ped and bike routes $ 3,000,000 50.00% $ 1,500,000 GP/VTP 2035 Wood Rd Gateway on Santa Cruz Ave - roundabout $ 1,200,000 50.00% $ 600,000 GP/VTP 2035 Central Traffic Signal Control System $ 750,000 9.68% $ 72,600 GP/VTP 2035 Hwy 9 Los Gatos Creek Trail connector - new path and bridge for ped/bike $ 1,000,000 50.00% $ 500,000 GP/VTP 2035 Hwy 9/N. Santa Cruz Ave Intersection Improvements $ 1,400,000 90.00% $ 1,260,000 CIP Roberts Road Improvements from bridge to University $ 600,000 50.00% $ 300,000 CIP Pollard Road Widening from Knowles to York Avenue $ 2,500,000 50.00% $ 1,250,000 CIP Sidewalks infill- Van Meter, Fischer and Blossom Hill Schools $ 1,000,000 50.00% $ 500,000 CIP Winchester Blvd/Lark Avenue Intersection Improvements $ 850,000 90.00% $ 765,000 CIP Westbound Lark to Hwy 17 northbound ramps - add two right-turn lanes $ 3,750,000 90.00% $ 3,375,000 CIP Unfunded Deferred Street Maintenance (Annual PMS Survey) $ 10,500,000 9.68% $ 1,016,400 GP Lark/Los Gatos Intersection Improvements - Add Third Left Turn Lanes for Eastbound and Northbound Approaches $ 1,200,000 90.00% $ 1,080,000 GP Complete Street Improvements - Lark from Garden Hill to Los Gatos Blvd $ 2,100,000 50.00% $ 1,050,000 GP Complete Street Improvements - SR 9 from University to Los Gatos Blvd $ 650,000 50.00% $ 325,000 GP Complete Street Improvements - Blossom HillRoad from Old Blossom Hill Road to Regent Drive $ 3,000,000 50.00% $ 1,500,000
GP Complete Street Improvements - Knowles from Pollard to Winchester $ 2,000,000 50.00% $ 1,000,000 GP Complete Street Improvements - Winchester from Blossom Hill to Lark $ 1,500,000 50.00% $ 750,000 GP Blossom Hill Road widening over Highway 17 $ 2,000,000 50.00% $ 1,000,000 GP LocalBikeway Improvements $ 750,000 50.00% $ 375,000 Notes: Total $ 47,950,000 $ 22,799,000
VTP = Valley Transportation Plan, 2035 by Santa Clara Valley Transportation Authority.
Town CIP = Town of Los Gatos, Capital Improvement Program and pending construction project list.
Source: Town of Los Gatos.
TITLE: Transportation Impact Policy
Attachment 3 - VMT Reduction Strategies
PAGE:
33 of 37
POLICY NUMBER:
1-08
VMT REDUCTION STRATEGIES
For projects that would generate Vehicle Miles Traveled (VMT), one or more VMT reduction strategies shall be required to reduce VMT of the project. Examples of VMT reduction strategies are provided below. The VMT reduction strategies are organized by their relative scale for implementation (i.e., individual site level, Town-wide level, and regional level).
INDIVIDUAL SITE LEVEL
Encourage Telecommuting and Alternative Work Schedules: This strategy relies on effective internet access and speeds to individual project sites/buildings to provide the opportunity for telecommuting. This strategy would reduce commute VMT but also result in a change in VMTfor other travel purposes; thus, this strategy should consider the net change in the Town’s project-generated VMT. Provide Ride-Sharing Programs: This strategy focuses on encouraging carpooling and vanpooling by project site/building tenants.
Implement Car-Sharing Program: This strategy reduces the need to own a vehicle or reducesthe number of vehicles owned by a household by making it convenient to access a shared vehicle for those trips where vehicle use is essential. Examples include programs like ZipCar,Car2Go, and Gig.
Provide Employer-Sponsored Vanpool/Shuttle: This strategy relies on employers purchasing orleasing vans or shuttles, and often subsidizing the cost of at least program administration, if notmore. Vanpools typically service employee’s commute to work, while shuttles service nearby transit stations and surrounding commercial centers.
Scheduling and rider charges, if any, are within the employer’s purview. A supplemental strategy may include facilitating or enhancing the service by improving the shuttle stops and biking/walking paths to the stops.
TOWN-WIDE LEVEL
Provide Bicycle and Pedestrian Network Improvements: This strategy focuses on creating a comprehensive bicycle and pedestrian network within the project and connecting to nearby destinations. Projects in Los Gatos tend to be smaller so the emphasis of this strategy would likely be the construction of network improvements that connect the project site directly to nearby destinations. Alternatively, implementation could occur through an impact fee programor benefit/assessment district based on regional or local plans such as the Bicycle and Pedestrian Master Plan. Provide Local Transit or Microtransit Solutions: This strategy focuses on providing transit solutions that serve the local circulation needs and connections to key regional destinations. The service would connect to transit hubs, schools, commercial centers, and residential areas to improve transit connectivity and address the “first/last mile” problems. The service may be in the form of a local shuttle, microtransit service using dynamic routing and scheduling, fare subsidies to private transportation network companies (TNCs) or taxi companies, or other service delivery methods. The service may be open to all or target a special population, such as seniors, disabled or students.
The implementation of this strategy may require regional or private partnership.
TITLE: Transportation Impact Policy
Attachment 3 - VMT Reduction Strategies
PAGE:
34 of 37
POLICY NUMBER:
1-08
Provide Transit Signal Priority: This strategy would upgrade the Town’s traffic signals along transit corridors to provide transit signal priority to improve transit bus travel time.
Improve Biking and Walking Paths to Bus Stops and Transit Amenities: This strategy improves the biking and walking paths to bus stops, enhances amenities at bus stops such as shelters, benches, and ADA accessible loading areas. Provide Traffic Calming Measures: This strategy combines the California Air Pollution Control Officers Association (CAPCOA) research focused on traffic calming with new research on providing a low-stress bicycle network. Traffic calming creates networks with low vehicle speeds and volumes that are more conducive to walking and bicycling. Building a low-stress bicycle network produces a similar outcome. One potential change in this strategy over time is that ebikes (and e-scooters) could extend the effective range of travel on the bicycle network,which could enhance the effectiveness of this strategy.
Limit Parking Supply: When combined with companion TDM measures, reduced parking supplydiscourages driving by limiting easy and convenient parking options.
Implementation of this strategy may require reducing (or removing) minimum parking requirements and allowing developers to use shared parking strategies. Unbundle Parking Costs from Property Cost: Unbundling separates parking costs from propertycost, for instance by not including a parking space in a residential unit’s rent, or by requiring employers to lease each parking space separately from the building owner. This strategy ensures that the user understands that the cost of driving includes parking and can encourage people to use an alternative mode to save money. Implement Market Price Public Parking (On-Street): This strategy focuses on implementing a pricing strategy for parking by pricing all on-street parking in central business districts, employment centers, and retail centers. Priced parking would encourage “park once” behaviorand may also result in area-wide mode shifts.
REGIONAL LEVEL
Increase Density: This strategy focuses on increasing density of land uses, where allowed by the General Plan and/or Zoning Ordinance, to reduce distances people travel and provide more travel mode options. This strategy also provides a foundation for many other strategies. For example, densification increases transit ridership, which justifies enhanced transit service.
Increase Diversity of Urban and Suburban Developments: This strategy focuses on inclusion of mixed uses within projects or in consideration of the surrounding area to minimize vehicle travelin terms of both the number of trips and the length of those trips.
Increase Transit Accessibility: This strategy focuses on encouraging the use of transit by locating a project with high density near transit. A project with a residential/commercial center designed around a bus station is referred to as a transitoriented development (TOD). Integrate Affordable and Below Market Rate Housing: This strategy provides greater opportunities for lower income families to live closer to job centers since
TITLE: Transportation Impact Policy
Attachment 3 - VMT Reduction Strategies
PAGE:
34 of 37
POLICY NUMBER:
1-08
income effectsprobability that a commute will take transit or walk to work. Increase Transit Service Frequency/Speed: This strategy focuses on improving transit service convenience and travel time competitiveness with driving. Given existing land use density in LosGatos, this strategy may be limited to traditional commuter transit where trips can be pooled at the start and end locations, or it may require new forms of demand-responsive transit service. Note that implementation of this strategy would require regional or local agency implementation, substantial changes to current transit practices, and would not likely be applicable for individual development projects. Implement Area or Cordon Pricing: This strategy focuses on implementing a cordon (i.e., boundary) pricing scheme, where a cordon is set around a specific area to charge a toll to enterthe area by vehicle. The cordon location is usually the boundary of an area with limited points of access. The cordon toll may be constant, applied during peak periods, or be variable, with higher prices during congestion peak periods. The toll can also be based on a fixed schedule or be dynamic, responding to real-time congestion levels. Note that implementation of this strategy requires alternative modes of travel that are available and reliable, such as high-qualitytransit infrastructure.
TITLE: Transportation Impact Policy
Attachment 4 - Definitions
PAGE:
36 of 37
POLICY NUMBER:
1-08
DEFINITIONS:
Land use entitlements shall mean entitlement changes in use requiring discretionary approval by Los Gatos, which include General Plan amendments, specific plans (and related amendments), zoning changes, use permits, planned developments, and tentative subdivision maps.
Land Use Projects or Development shall mean residential or nonresidential improvements on a site.
Existing development shall mean any already existing habitable residential or nonresidential building or projects which rebuild or remodel the existing development without increasing the trips generated. No fee shall be charged for development already existing.
Expansion of use, to determine traffic increases, shall include any increase in the number of living units, gross floor area in a nonresidential development and/or any intensification of use which increases trips generated.
Transportation improvements shall mean those improvements to the transportation facilities and related actions necessary to implement the transportation element of the Town's general plan and any applicable specific plan.
Site shall mean a plot of ground consisting of one (1) or more lots or parcels on which a common improvement is proposed or exists.
Trip generation rate shall mean the number of vehicle trips over a weekday twenty-four-hour period generated by a particular type of land use and shall be expressed in terms of the number of acres or square feet of land for each land use category. The Town Engineer may exercise reasonable discretion to establish recommended trip generation rates for land use categories consisting of groupings of land uses having similar use and functional characteristics. When the trip generation rate is multiplied by the amount of land, the number of trips, both incoming and outgoing, shall be estimated.
Average Daily Trips (ADT) shall mean the total number of trips, both in-bound and out-bound, within a 24-hour weekday period, generated by a particular use or development.
Pass-By Trip: Trips generated by the proposed Project that would be attracted from traffic passing the proposed project site on an adjacent street that contains direct access to the Project.
Peak Hour Trips shall mean vehicle trips, both in-bound and out-bound, occurring during a 60- minute period either during the A.M. Peak (7 A.M. to 9 A.M.) or the P.M. Peak (4 P.M. to 6 P.M.), generated by a particular use or Project.
TITLE: Transportation Impact Policy
Attachment 4 - Definitions
PAGE:
37 of 37
POLICY NUMBER:
1-08
Specialty Retail. Specialty Retail uses are defined as walk-in and impulse businesses such as juice bars, yogurt shops, coffee shops, donut shops, and similar uses which do not generally serve meals and have limited or no seating. Specialty Retail uses are defined under this policy for purposes of establishing trip generation data and this definition does not provide any land use or zoning guidance.
Use shall mean the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged or for which either a site or a structure is or may be occupied or maintained.
Vehicle Trip End shall mean an incoming or outgoing trip going to or coming from anywhere within the Town or outside the Town.
CEQA shall mean the California Environmental Quality Act. These terms are reserved for definitions per the CEQA Guidelines: significance criteria, significant impact, and mitigation measures.
Local Transportation Analysis shall mean analysis to assess potential mobility deficiencies caused by new developments on the local roadway performance, following the Town’s transportation policies. These terms are reserved for Local Transportation Analysis: threshold or performance standard, deficiency, and mitigation improvement.
Vehicle Miles Traveled (VMT) is a metric that accounts for the number of vehicle trips generated times the length or distance of those trips. VMT is an accessibility performance metric that evaluates the changes in land use patterns, regional transportation systems, and other built environment characteristics.
Level of Service (LOS) is a metric that assigns a letter grade to network performance. The typical application is to measure the average amount of delay experienced by vehicle drivers at an intersection during the most congested time of day and assign a report card range from LOS A (fewer than 10 seconds of delay) to LOS F (more than 80 seconds of delay). Vehicle level of service is used to measure vehicle mobility.
Attachment 2. Project List
Project
ID
Project Name Category Fee Program
Component
Cost Estimate
($2022)
Estimated
Funding from
Other Sources
Unfunded Cost
Allocated to TIF
Calculation
1 State Route 17 Corridor Congestion
Relief Project
Safety and Capacity
Improvements
TI $110,820,000 $99,738,000 $11,082,000
2 Shannon Rd Widening and Safety
Improvements
Safety and Capacity
Improvements
TI $4,371,513 $1,471,513 $2,900,000
3 Union Avenue Widening and
Sidewalks
Complete Streets (Carryover) TI $4,226,672 $3,170,004 $1,056,668 4 Traffic Signal Modernization Program Traffic Signal TI $20,452,114 $12,452,114 $8,000,000 5 Highway 17 Bicycle & Pedestrian
Overcrossing
BPMP Priority Projects VMT $25,288,625 $18,966,469 $6,322,156 6 Kennedy Sidewalk & Bike Lanes BPMP Priority Projects VMT $1,402,065 $138,740 $1,263,325 7 Sidewalk Gap Filling Projects Other BPMP Projects - New Facilities
VMT $600,000 0 $600,000
8 New and Expanded Bicycle and
Pedestrian Facilities (Non-Priority
Projects)
Other BPMP Projects - New
Facilities
VMT $2,000,000 0 $2,000,000
9 Los Gatos Almaden Road Complete
Streets Improvements
Complete Streets (Carryover) TI $4,226,672 $3,170,004 $1,056,668 10 Los Gatos Boulevard Multimodal
Widening
Complete Streets (Carryover) TI $5,635,562 $4,226,672 $1,408,891 11 Parking Program Implementation Lighting and Signage TI $400,000 0 $400,000 12 Bicycle and Pedestrian Improvements
Program -Safety Improvements
Other BPMP Projects -
Bicyclist and Pedestrian
Safety
TI $1,000,000 0 $1,000,000
13 Priority Projects from Bicycle and
Pedestrian Master Plan
BPMP Priority Projects VMT $11,232,751 $5,616,375 $5,616,375 TOTALS $191,655,974 $148,949,891 $42,706,083
ATTACHMENT 2
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, Assistant Town Manager, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 09/19/2023
ITEM NO: 14
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: September 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Work Plan.
RECOMMENDATION:
Discuss the Housing Element work plan.
BACKGROUND:
At the September 5, 2023 Town Council meeting, two Council Members requested that the Housing Element work plan be added as an agenda item on the next possible Town Council meeting. The Mayor scheduled this discussion for September 19, 2023.
DISCUSSION:
A. Earlier Town Council Discussion on August 15, 2023
On August 15, 2023, in response to a previous request from two Council Members, the Council discussed the Housing Element work plan under Agenda Item 15. The deliberation included a series of motions as described in the meeting minutes (Attachment 1).
B. Council Member Requests from September 5, 2023 Town Council Meeting At the September 5, 2023 Town Council meeting, Council Member Hudes requested an opportunity to provide direction to Town staff and the Town Council’s advisory bodies such as the Housing Element Advisory Board (HEAB).
In addition, the following information was requested:
PAGE 2 OF 3
SUBJECT: Housing Element Work Plan
DATE: September 14, 2023
DISCUSSION (continued):
1) What is the proposed plan to obtain certification from the State Department of Housing and Community Development (HCD) of the Town’s Housing Element by the “January 31, 2024, deadline for the Housing Element certification”?
2) Discuss the interactions between the Town and HCD.
3) Could the Town’s Housing Element consultant attend future Housing Element Advisory Board, Planning Commission, or Town Council meetings?
With regard to request #1, the work plan was provided as Attachment 3 to the August 15, 2023 Town Council Staff Report.
Request #1 also referenced a January 31, 2024, deadline for certification. Per State law, there was a January 31, 2023, deadline for adoption of the Housing Element. While there is no deadline in State law for HCD certification of the Housing Element, staff is working to get the Housing Element certified as soon as possible. As stated in the August 15, 2023 Town Council staff report, there is a January 31, 2024 deadline for the Town to rezone the parcels identified in its Sites Inventory. Staff brought those proposed rezonings to the Planning Commission on September 13, 2023, and they are scheduled for Town Council consideration on October 3, 2023.
Regarding request #2, staff and the consultant met with HCD on September 5, 2023. One outcome of the meeting was HCD’s positive response to the consultant’s analytical approach to demonstrate that the sites identified in the Town’s Sites Inventory have a realistic possibility of being redeveloped. Specifically, the analytical approach consists of documenting that the sites identified in the Town’s Sites Inventory are similar to sites for which the Town has received planning applications. The analysis identifies characteristics that are common to both sites in the Sites Inventory and sites for which the Town has received planning applications. The characteristics of each site include:
1) Size;
2) Age of the structure(s);
3) Number of stories for each structure; and
4) Value of improvements versus land value.
With regard to request #3, staff does not recommend revising the Housing Element consultant’s contract to require that the consultant attend Town meetings. It is vital that the consultant focus on obtaining HCD’s certification of the Town’s Housing Element by completing the necessary work to address all of HCD comments in its May letter to the Town. Staff provided the Town Council with the consultant’s proposed methodology to obtain HCD certification as Attachment 3 to the August 15, 2023 Town Council staff report.
PAGE 3 OF 3
SUBJECT: Housing Element Work Plan
DATE: September 14, 2023
DISCUSSION (continued):
The consultant’s Site Inventory analysis and justification are expected to be part of the staff report packet for the next HEAB meeting on September 28, 2023. The current goal is to provide the HEAB the required edits to the Housing Element, as well as an updated list of the HCD comments and completed responses.
PUBLIC COMMENTS:
At the time of this report’s preparation, the Town has not received any public comments.
Public comments are encouraged throughout the Housing Element update process and can be emailed to [email protected].
CONCLUSION:
Staff looks forward to the Town Council’s discussion.
COORDINATION:
The Community Development Department coordinated with the offices of the Town Attorney and Town Manager in the preparation of this report.
ATTACHMENTS:
Attachments previously received with the August 15, 2023 Staff Report:
1. Housing Element Update Timeline
2. Zoning and General Plan Amendments Timeline
3. Veronica Tam and Associates Proposal
4. Questions from the Vice Mayor
5. Public Comment received before 11:00 a.m. on August 10, 2023 Attachment previously received with the August 15, 2023 Addendum A:
None
Attachment previously received with the August 15, 2023 Addendum B:
6. Public Comment received between 11:01 a.m., August 11, 2023, and 11:00 a.m., August 14, 2023
Attachment received with this Staff Report:
7. August 15, 2023 Town Council Meeting Minutes
This Page
Intentionally
Left Blank
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
Minutes of the Town Council Meeting
Tuesday, August 15, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing teleconferencing means on Tuesday, August 15, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:06 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie (participating remotely under the Brown Act).
Absent: None
PLEDGE OF ALLEGIANCE
Jay Magullari led the Pledge of Allegiance. The audience was invited to participate.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he met with the Chair of the Community Health and Senior Services Commission (CHSSC), the Friends of Seniors in Los Gatos Foundation, the board Chair and the Director of New Museum Los Gatos (NUMU), and the Director of the Live Oak Nutrition Program.
- Vice Mayor Badame stated she attended Music in the Park, a Conceptual Development Advisory Committee meeting with Mayor Ristow, and a San Jose Spotlight news event. - Council Member Moore stated he attended the San Jose Spotlight news event, Assembly Member Gail Pellerin’s Paws and Policy event, and Music in the Park; hosted a Council Member Community Coffee; met with Los Gatos High School Graduates; and attended a Planning Commission Meeting.
- Council Member Rennie stated he met with a board member and the Director of NUMU; and attended a Valley Transportation Authority (VTA) Policy Advisory Committee (PAC) meeting and a Silicon Valley Clean Energy Authority Board meeting. - Mayor Ristow stated that August 25 is Ukrainian Independence Day; met with residents on a number of different topics; joined the Los Gatos Beautification Committee to cleanup Parking Lot 6; attended a VTA a Transit-Oriented Development meeting, a Conceptual Development Advisory Committee meeting, both parking meetings hosted by the Chamber of Commerce, a ribbon cutting for Dry Walk Hair Salon, a Regional Housing Bond Symposium, and a Santa Clara County Mayors meeting in Mountain View to tour a safe parking location for the unhoused; gave a reminder that school is starting and encouraged everyone to work together to get to their destinations safely and effectively.
ATTACHMENT 7
PAGE 2 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Manager Matters
- Announced the Housing Element sites and Zoning changes will be discussed at a Planning Commission meeting on August 23 at 7:00 p.m. and invited the public to attend. - Announced a Housing Element Advisory Board special meeting will be held on August 24 at 7:00 p.m. to discuss housing element revisions and invited the public to attend. - Announced the Town is taking applications for its Leadership Los Gatos program. - Announced a Joint Planning Commission and Town Council meeting regarding SB 330 is scheduled for September 12 at 7:00 p.m. in the Town Council Chambers.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Council Meeting Minutes of August 1, 2023.
2. Approve Council Meeting Minutes of August 1, 2023.
3. Adopt a Resolution to Extend the Term of the Housing Element Advisory Board.
4. Authorize the Town Manager to Execute the Third Amendment to the Consulting Services Agreement with ActiveWayz Engineering for Additional Engineering Services in an Amount of $80,224, Resulting in a Total Agreement Amount Not to Exceed $276,933, for the Shannon Road Pedestrian and Bikeways Improvement Project (CIP No. 813- 0218).
5. Consider the Following Actions Regarding the Howes Play Lot Structure:
a. Authorize the Town Manager to Execute a Purchase and Service Agreement with Ross Recreation Equipment to Replace Play Structure Equipment in an Amount of $115,884 Plus Five Percent for Unforeseen Repairs for a Total Agreement Amount not to Exceed $121,678; and
b. Authorize an Expenditure Budget Adjustment in an Amount of $121,678 From Available General Fund Special/Capital Projects Reserve.
6. Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Approve a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8.
Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin. RESOLUTION 2023-043
7. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Section 18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance’." ORDINANCE 2343
8. Authorize the Town Manager to Execute the First Amendment to the Consulting Services Agreement with Nichols Consulting Engineers for Additional Engineering Services in an Amount of $42,500, Resulting in a Total Agreement Amount Not to Exceed $486,900, and an Extension of Time for the Shannon Road Repair Project (CIP No. 811- 0008).
9. Receive Monthly Financial and Investment Reports (April Amended, May, and June 2023).
PAGE 3 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Consent Items – continued
Council Member Hudes pulled item #3.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to approve consent items 1, 2, and 4-9. Seconded by Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
VERBAL COMMUNICATIONS
Jacob, S.U.A.S Veteran Crisis Q.R.F.
- Commented on the mission of S.U.A.S Veteran Crisis Q.R.F. and invited volunteers to serve.
Jan Schwartz, NUMU Board Member
- Commented on NUMU services and requested financial support for rent and the Los Gatos History Project.
Tyler Haus, Civic Bell
- Commented on a local civic technology platform called Civic Bell and how the system works.
Jennifer Lin, Executive Director of Los Gatos Chamber of Commerce - Introduced herself and stated she is excited to serve the community and continue collaborative efforts with the Town.
Joseph Enz
- Commented on homeless individuals, cleanup of the creek, and the Police Department.
Lynley Hogan
- Read an article on child trafficking and commented in opposition of a number of legislative bills.
Stanford and Daniel Stickney
- Requested the Council maintain the Post Office as a community asset.
Beverly
- Requested the Town Council allocate funds to a hotel voucher program and showers.
PAGE 4 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
OTHER BUSINESS
10. Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department.
RESOLUTION 2023-044
Salina Flores, Human Resources Director, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to adopt a resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department per Attachment 1 of the staff report.
Seconded by Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
11. Review the Library Board Work Plan for Calendar Year 2023.
Ryan Baker, Library Director, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item and commended the Library Board for their work.
12. a. Receive the Information Provided in the Police Services Report: January – June 2023; and b. Approve the Technical Sharing of Information Obtained from the Town’s Automated License Plate Reader (ALPR) Technology and Information Captured by the Flock Safety Technology with Other Law Enforcement Agencies in Santa Clara County Jamie Field, Police Chief, presented the staff report.
Opened public comment.
PAGE 5 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #12 – continued
Lee Fagot
- Commented on community policing, and concerns with noisy vehicles and electric bicycles.
Closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Badame to receive the information provided in the Police Services report: January – June 2023 and approve the technical sharing of information obtained from the Town’s Automated License Plate Reader (ALPR) technology and information captured by the Flock Safety technology with other law enforcement agencies in Santa Clara County. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously by roll call vote.
Recess 8:57 p.m.
Reconvene 9:12 p.m.
13. Receive an Update on American Rescue Plan Act (ARPA) Public Safety Expenses and General Fund Council Priorities – Economic Recovery Reserve Tracking and Provide Direction for the Use of the Remaining Funds in this Reserve.
Gitta Ungvari, Finance Director, presented the staff report.
Opened public comment.
Kimberly Snyder, Executive Director NUMU
- Commented on the cultural service of NUMU, and requested an allocation of $93,000 in one-time funds for rent and a match for the Los Gatos History project.
Tom Picraux
- Commented in favor of utilizing the remaining ARPA funds for a community center and to convene a group of stakeholders regarding the existing facility.
Dick Konrad
- Commented in favor of utilizing some remaining ARPA funds for a community center, convene a group of stakeholders regarding the existing facility, and address a shortfall with Live Oak Nutrition.
Closed public comment.
PAGE 6 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #13 – continued
Council discussed the item.
MOTION: Motion by Council Member Hudes to create an effort to design and construct the Adult Recreation Facility to provide space for a variety of non-profit agencies to provide services to the community and reconfigure the existing space to provide better services to adults and make it more open and inviting to the community. The funding of these improvements will be achieved by allocating up to $1,000,000 of ARPA funds to a Community Center Development Fund by immediately allocating the remaining General Fund monies made available from the American Rescue Plan Act qualified public safety expenses in the amount of $866,281, and if over the next two years, Capital funds including previously allocated ARPA funds were not expended as budgeted, an additional amount of up to $133,719 of Capital funds would be allocated to the Community Center Development Fund by future Council action. The initial funding would be allocated to near-term improvements and to inform the improvements by convening a group of concerned residents and community partners focused on older adult services and community services in general in the decision about the specifics of how the existing facility could be improved. This would include the Community Health and Senior Services Commission (CHSSC), older adults 501c3 foundation, which is being formed, Los Gatos-Saratoga Recreation, Successful Aging Solutions & Community Consulting (SASSC) group in Saratoga, and non-profits who provide services, faith leaders, and potentially representation from Supervisor Joe Simitian’s Office. A recommendation from staff and this group would then be considered by the Town Council during the 2024 Capital Budget period. Seconded by Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
A majority of Council supported a recommendation to have the Policy Committee define core services and look at policies pertaining to the grant program to allow for more financial support for items considered core services.
14. Receive the Report on Downtown Paid Parking Program Models and Consider the Following Actions:
a. Direct Staff to Return to Council with an Updated Fee Resolution to:
i. Increase the Rates Effective January 1, 2024 for Residential Permit Parking to $52 per Year for Vehicle One, and $72, $92, and $112 for Vehicles Two, Three, and Four, Respectively;
ii. Set Rates for Residential Permits in the Olive Zone to Match Rates for the Town’s Other Residential Parking Zones Effective January 1, 2024; and
PAGE 7 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #14 – continued
iii. Eliminate the Annual Fee for Employee Parking in the Olive Zone Effective January 1, 2024;
b. Provide Direction to Staff Regarding the Establishment of Residential Permit Rates for Low Income Residents Defined as Households with Income of Less than 80% of Area Median Income;
c. Provide Direction to Staff Regarding the Two Free Visitor Passes that are Available to Each Household in the Residential Permit Parking Areas; and d. Provide Feedback and/or Direction on the Paid Parking Program Options, Pricing Models, Service Delivery Scenarios, and Staffing Alternatives Required to Support a Functioning and Effective Downtown Paid Parking Program.
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Opened public comment.
Ron Meyer
- Commented on concerns with paid parking and requested a cost benefit analysis.
Ali Miano
- Commented on concerns with paid parking, suggested alternative transportation options, and stated people parking for more than four hours should probably pay for parking.
Jennifer Lin, Los Gatos Chamber of Commerce
- Requested the Town pause the paid parking program implementation to get more information to address the business community’s concerns.
Randi Chen
- Commented on concerns with the paid parking program, stated the wayfinding signage should be installed before implementing a pay to stay program, and requested the Town add clear signage for employee parking.
Lynley Hogan
- Commented on concerns with an increase in fees for the residential parking permits causing an overflow onto streets that have free parking and asked about Accessory Dwelling Unit parking.
Closed public comment.
PAGE 8 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #14 – continued
MOTION: Motion by Mayor Ristow to expand the employee permit parking and signage to include Saturdays. Seconded by Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
MOTION: Motion by Council Member Moore to make a budget adjustment to hire one full time employee (FTE) for 1-year, not to exceed $200,000. Seconded by Mayor Ristow.
VOTE: Motion passed 3-2 by roll call vote. Hudes and Badame voted no.
MOTION: Motion by Vice Mayor Badame to extend the meeting to hear the remaining items.
Seconded by Council Member Moore.
VOTE: Motion passed 4-1 by roll call vote. Council Member Rennie voted no.
MOTION: Motion by Mayor Ristow to bring back the fee schedule with an increase in residential permit parking rates to $52 per year for vehicle one, and $72, $92, and $112 for vehicles two, three and four respectively, with annual adjustments each year in line with the Consumer Price Index (CPI). Seconded by Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
MOTION: Motion by Council Member Moore to eliminate the fee for employee parking in the Olive Zone, with the caveat that when paid parking is implemented it will apply universally. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously by roll call vote.
15. Receive and Discuss a Status Update on the 2023-2031 Housing Element Process.
Jennifer Armer, Planning Manager, presented the staff report.
Opened public comment.
PAGE 9 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #15 – continued
Ron Meyer
- Commented on concerns with the process.
Albert Lustre
- Requested standards of labor be added to the Housing Element.
Lee Quintana
- Commented in support of postponing any final action on the pending Zoning and General Plan amendments and expressed concerns with the analysis of the past Housing Elements.
Closed public comment.
MOTION: Motion by Council Member Hudes to bring the final draft of the Housing Element for approval to the Council prior to submittal to HCD. Seconded by Vice Mayor Badame.
VOTE: Motion failed 2-3. Council Members Rennie, Moore, and Mayor Ristow voted no.
MOTION: Motion by Council Member Hudes to direct staff wherever possible to utilize reviewed and certified language from other jurisdictions to respond to HCD and to update the Housing Element. Seconded by Council Member Moore.
VOTE: Motion passed 4-1. Council Member Rennie voted no.
MOTION: Motion by Council Member Hudes to direct HEAB to meet every other week.
Seconded by Vice Mayor Badame.
VOTE: Motion failed 2-3. Council Members Rennie, Moore, and Mayor Ristow voted no.
MOTION: Motion by Council Member Hudes to ask staff and consultants take written notes on any calls with HCD and distribute them to Council. Seconded by Vice Mayor Badame.
VOTE: Motion failed 2-3. Council Members Rennie, Moore, and Mayor Ristow voted no.
PAGE 10 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #15 – continued
MOTION: Motion by Council Member Hudes to include the consultants to be available for questions at the public hearings of the Planning Commission and Town Council for the Housing Element adoption. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously by roll call vote.
MOTION: Motion by Council Member Hudes to direct the Town Manager to bring any additional expenditure in excess of $50,000 over the approved amount for the Housing Element to Council for review and approval. AMENDMENT: to clarify the direction is through certification of this Housing Element cycle. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously by roll call vote.
PULLED CONSENT ITEMS
3. Adopt a Resolution to Extend the Term of the Housing Element Advisory Board. RESOLUTION 2023-042
Jennifer Armer, Planning Manager, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Hudes to extend the Housing Element Advisory Board as described in item #3. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously by roll call vote.
ADJOURNMENT
The meeting adjourned at 1:26 a.m.
Respectfully Submitted:
_____________________________________
/s/ Jenna De Long, Deputy Town Clerk
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, Assistant Town Manager, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 09/19/2023
ITEM NO: 14
ADDENDUM
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: September 15, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Work Plan
REMARKS:
Attachment 6 contains public comment received after the publication of the September 19 staff report and before 11:01 a.m. on Friday, September 15, 2023.
Attachments previously received with the August 15, 2023 Staff Report:
1. Housing Element Update Timeline
2. Zoning and General Plan Amendments Timeline
3. Veronica Tam and Associates Proposal
4. Questions from the Vice Mayor
5. Public Comment received before 11:00 a.m. on August 10, 2023 Attachments previously received with the August 15, 2023 Addendum B:
6. Public Comment received between 11:01 a.m., August 11, 2023, and 11:00 a.m., August 14, 2023
Attachments previously received with the September 19, 2023 Staff Report:
7. August 15, 2023 Town Council Meeting Minutes
Attachments received with this Addendum:
8. Public Comment received before 11:01 a.m. on September 15, 2023
This page is intentionally left blank
From: Phil Koen
Sent: Friday, September 15, 2023 3:02 AM
To: Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>; Rob Moore <[email protected]>
Cc: Gabrielle Whelan <[email protected]>; Wendy Wood <[email protected]>; Laurel Prevetti <[email protected]>
Subject: Public Comment regarding the Housing Element - Agenda Item #14 - Town Council Meeting September 19th
[EXTERNAL SENDER]
Dear Honorable Mayor,
I am deeply troubled the Town Manager con�nues to refuse to make the newly hired Consultant available to our elected officials (who are responsible for adop�ng a compliant Housing Element) and the public to provide their findings as to the status of the Housing Element and directly discuss their plan to obtain HCD cer�fica�on. I would point to the atached leter from HCD which clearly states that the housing element
process must engage the community by making informa�on
regularly available while considering comments.
Refusing to have the Consultant available to the public at the September 19th Town Council mee�ng to provide an update on their September 5th mee�ng with HCD (a�er having three
previous Housing Element rejected by HCD and the failure of the prior consultant to obtain cer�fica�on a�er 2 years and spending over $300,000 for their services) and available for ques�ons is incompa�ble with HCD clear direc�on of engaging the community. It also appears that the Staff’s inten�on to prepare a fourth dra� of the Housing Element for presenta�on to the HEAB prior to any public mee�ng to discuss Consultants ATTACHMENT 8 Page 939
specific plan to cure the prior defects also runs counter with the explicit goal of public par�cipa�on.
The excuse the Consultant is too busy to atend a public mee�ng goes beyond the pale. A competent Consultant, which I am sure Tam and Associates is, can meet with our elected officials and the public AND remain focused on obtaining HCD’s cer�fica�on. It is a false choice that has been inten�onally constructed to prevent the Town Council and the public from directly obtaining valuable informa�on regarding the housing element process and HCD’s concerns.
Why is the current process in the best interest of the public? It isn’t. What facts are being hidden from the public view that is driving the Staff to take the unreasonable posi�on of not allowing the Consultant to atend the Town Council mee�ng? One can only wonder.
It should be also pointed out there is no need to revise the exis�ng contract to require the consultant to atend Town council mee�ngs. A reading of the contract clearly shows the scope of work does not specifically exclude atending Town Council mee�ngs where public comments are made. In fact, the contract specifically states that the consultant will summarize public comments received and how the Town responded to
these comments. If the consultant never meets with the Town Council and the public how exactly will the consultant comply with this statement of work? They can’t.
It is not too late to instruct the Town Manager to have the Consultant atend the mee�ng and be made available for
ques�ons. Please take the appropriate ac�on and officially request the Consultant to atend. The public has a right to directly ques�on a consultant that the Town has retained to prepare a compliant Housing Element a�er three failed
atempts at obtaining HCD cer�fica�on.
Thank you,
Phil Koen
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 30, 2023
Joel Paulson, Director
Community Development Department
Town of Los Gatos
110 E Main Street
Los Gatos, CA 95030
Dear Joel Paulson:
RE: Town of Los Gatos’ 6th Cycle (2023-2031) Revised Draft Housing Element Thank you for submitting the Town of Los Gatos’ revised draft housing element update received for review on March 31, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on May 10, 2023 with yourself, Jennifer Armer, Planning Manager, Jocelyn Shoopman and Erin Walter, associate planners. In addition, HCD considered comments from Phil Koen pursuant to Government Code section 65585, subdivision (c).
The revised draft housing element addresses many statutory requirements described in HCD’s January 12, 2023 review; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until all necessary rezones pursuant to Government Code sections 65583, subdivision (c)(1) and 65583.2, subdivision (c) are completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be
Joel Paulson, Director
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.
Chapter 654, Statutes of 2022 (AB 2339), adds specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. Future submittals of the housing element may need to address these statutory requirements.
For additional information and timing requirements, please see HCD’s memo at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339- notice.pdf.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
We are committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jose Armando Jauregui, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, Assistant Town Manager, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 09/19/2023
ITEM NO: 14
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: September 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Work Plan.
RECOMMENDATION:
Discuss the Housing Element work plan.
BACKGROUND:
At the September 5, 2023 Town Council meeting, two Council Members requested that the Housing Element work plan be added as an agenda item on the next possible Town Council meeting. The Mayor scheduled this discussion for September 19, 2023.
DISCUSSION:
A. Earlier Town Council Discussion on August 15, 2023
On August 15, 2023, in response to a previous request from two Council Members, the Council discussed the Housing Element work plan under Agenda Item 15. The deliberation included a series of motions as described in the meeting minutes (Attachment 1).
B. Council Member Requests from September 5, 2023 Town Council Meeting At the September 5, 2023 Town Council meeting, Council Member Hudes requested an opportunity to provide direction to Town staff and the Town Council’s advisory bodies such as the Housing Element Advisory Board (HEAB).
In addition, the following information was requested:
PAGE 2 OF 3
SUBJECT: Housing Element Work Plan
DATE: September 14, 2023
DISCUSSION (continued):
1) What is the proposed plan to obtain certification from the State Department of Housing and Community Development (HCD) of the Town’s Housing Element by the “January 31, 2024, deadline for the Housing Element certification”?
2) Discuss the interactions between the Town and HCD.
3) Could the Town’s Housing Element consultant attend future Housing Element Advisory Board, Planning Commission, or Town Council meetings?
With regard to request #1, the work plan was provided as Attachment 3 to the August 15, 2023 Town Council Staff Report.
Request #1 also referenced a January 31, 2024, deadline for certification. Per State law, there was a January 31, 2023, deadline for adoption of the Housing Element. While there is no deadline in State law for HCD certification of the Housing Element, staff is working to get the Housing Element certified as soon as possible. As stated in the August 15, 2023 Town Council staff report, there is a January 31, 2024 deadline for the Town to rezone the parcels identified in its Sites Inventory. Staff brought those proposed rezonings to the Planning Commission on September 13, 2023, and they are scheduled for Town Council consideration on October 3, 2023.
Regarding request #2, staff and the consultant met with HCD on September 5, 2023. One outcome of the meeting was HCD’s positive response to the consultant’s analytical approach to demonstrate that the sites identified in the Town’s Sites Inventory have a realistic possibility of being redeveloped. Specifically, the analytical approach consists of documenting that the sites identified in the Town’s Sites Inventory are similar to sites for which the Town has received planning applications. The analysis identifies characteristics that are common to both sites in the Sites Inventory and sites for which the Town has received planning applications. The characteristics of each site include:
1) Size;
2) Age of the structure(s);
3) Number of stories for each structure; and
4) Value of improvements versus land value.
With regard to request #3, staff does not recommend revising the Housing Element consultant’s contract to require that the consultant attend Town meetings. It is vital that the consultant focus on obtaining HCD’s certification of the Town’s Housing Element by completing the necessary work to address all of HCD comments in its May letter to the Town. Staff provided the Town Council with the consultant’s proposed methodology to obtain HCD certification as Attachment 3 to the August 15, 2023 Town Council staff report.
PAGE 3 OF 3
SUBJECT: Housing Element Work Plan
DATE: September 14, 2023
DISCUSSION (continued):
The consultant’s Site Inventory analysis and justification are expected to be part of the staff report packet for the next HEAB meeting on September 28, 2023. The current goal is to provide the HEAB the required edits to the Housing Element, as well as an updated list of the HCD comments and completed responses.
PUBLIC COMMENTS:
At the time of this report’s preparation, the Town has not received any public comments.
Public comments are encouraged throughout the Housing Element update process and can be emailed to [email protected].
CONCLUSION:
Staff looks forward to the Town Council’s discussion.
COORDINATION:
The Community Development Department coordinated with the offices of the Town Attorney and Town Manager in the preparation of this report.
ATTACHMENTS:
Attachments previously received with the August 15, 2023 Staff Report:
1. Housing Element Update Timeline
2. Zoning and General Plan Amendments Timeline
3. Veronica Tam and Associates Proposal
4. Questions from the Vice Mayor
5. Public Comment received before 11:00 a.m. on August 10, 2023 Attachment previously received with the August 15, 2023 Addendum A:
None
Attachment previously received with the August 15, 2023 Addendum B:
6. Public Comment received between 11:01 a.m., August 11, 2023, and 11:00 a.m., August 14, 2023
Attachment received with this Staff Report:
7. August 15, 2023 Town Council Meeting Minutes
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, Assistant Town Manager, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 09/19/2023
ITEM NO: 14
DESK ITEM
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Work Plan
REMARKS:
Attachment 9 contains public comment received after 11:00 a.m. Monday, September 18, 2023, and before 11:01 a.m. on Tuesday, September 19, 2023.
Attachments previously received with the August 15, 2023 Staff Report:
1. Housing Element Update Timeline
2. Zoning and General Plan Amendments Timeline
3. Veronica Tam and Associates Proposal
4. Questions from the Vice Mayor
5. Public Comment received before 11:00 a.m. on August 10, 2023 Attachments previously received with the August 15, 2023 Addendum B:
6. Public Comment received between 11:01 a.m., August 11, 2023, and 11:00 a.m., August 14, 2023
Attachments previously received with the September 19, 2023 Staff Report:
7. August 15, 2023 Town Council Meeting Minutes
Attachments previously received with the September 19, 2023 Addendum:
8. Public Comment received before 11:01 a.m. on September 15, 2023 Attachments received with this Desk Item:
9. Public Comment received after 11:00 a.m. Friday, September 15 and before 11:01 a.m. on Tuesday, September 19, 2023
This page is intentionally left blank
From: Sandra Livinghouse
To: Maria Ristow; Mary Badame; Matthew Hudes; Rob Moore; Rob Rennie Cc: Attorney; Clerk; Town Manager
Subject: Please allow housing consultant to attend town council meeting and speak Date: Monday, September 18, 2023 7:59:08 PM
[EXTERNAL SENDER]
Hello,
I am concerned about the lack of transparency in the housing process in Los Gatos.
Please allow the consultant to come to a town council meeting tomorrow and speak about the current status of compliance for our housing element.
Please also reinstate regular, non-cancellable HEAB meetings, since we have had a 72% cancellation rate and the public has not been allowed to engage in the process, as is our right.
Thank you,
Sandra Livinghouse
ATTACHMENT 9 Page 960