Los Gatos City Council
December 19, 2023

Section C Evaluation of Environmental Impacts 65 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The General Plan EIR provides a breakdown of the General Plan’s consistency against the Plan Bay Area 2040’s goals in relation to climate protection, adequate housing, health and safe communities, open space and agricultural preservation, equitable access economic vitality, and transportation system effectiveness (refer to Table 4.11-4 of the General Plan EIR). As discussed in the General Plan EIR, the General Plan would be consistent with the goals contained in the Plan Bay Area 2040 (Town of Los Gatos 2021, p. 4.11-18).

As discussed in Section 3.0, Air Quality, the General Plan (and, therefore, the Housing Element Update) would be consistent with the Final 2017 Clean Air Plan through implementation of the applicable goals and policies located within the Environmental and Sustainability Element and the Mobility Element.

The General Plan EIR provides a breakdown of the General Plan’s consistency with the Los Gatos Sustainability Plan’s sustainability measures associated with transportation, land use, energy, water, solid waste, and open space (refer to Table 4.6-5 of the General Plan).

The General Plan EIR also discusses consistency with the California Green Building Standards Code and Title 24 of the California Energy Code. As discussed in Section 6.0, Energy, the General Plan is consistent with the Los Gatos Sustainability Plan and the energy efficiency strategies contained therein as well as with Title 24 of the California Energy Code.

The Town also has two specific plans (Albright and North Forty) and four overlay zones (Affordable Housing, Landmark and Historic Preservation, Planned Development, and Public School), which are key implementation mechanisms for the General Plan and its provisions must be consistent with the General Plan. There are also eight community place districts throughout the Town that have been identified as having the capacity to accommodate additional mixed-use developments and have existing infrastructure necessary to suppose the land uses.

The two specific plans address existing and future development within the Town to ensure that any development would maintain the existing residential setting while continuing to meet the needs of its residents. The overlay zones ensure that development facilitated by the General Plan is consistent with the development goals of the Town and the goals found within the General Plan provide guidance on the use of overlay zones in the community.

Therefore, the General Plan does not conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect and impacts would be less than significant (Town of Los Gatos 2021, p. 4.11-20).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and therefore, would also be consistent with all of the above-mentioned plans (i.e., Plan Bay Area 2040, Final 2017 Clean Air Plan, Los Gatos Sustainability Plan, the state’s Title 24 of the Energy Code, and the Town’s specific plans, overlay zones, and community place districts). Development associated

Section C Evaluation of Environmental Impacts 66 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
with the Housing Element Update would comply with the applicable goals, policies, measures, and regulations associated with these plans and districts that are adopted for the purpose of avoiding or mitigating an environmental impact. Therefore, the Housing Element Update would not result in conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to applicable land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental impact.

Section C Evaluation of Environmental Impacts 67 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

12. MINERAL RESOURCES
Would the project:

Comments:
a, b. As discussed in Section 4.18, Effects Found Not to be Significant, no mining occurs within the Town (Town of Los Gatos 2021, p. 4.18-1). The Lexington Quarry, however, is in operation and produces construction aggregate at its location at 18500 Limekiln Canyon Road, Los Gatos (located over 1.3 miles southeast of the nearest housing site associated with the Housing Element Update).

Development on areas containing mineral resources could result in the permanent loss of those minerals. However, the development associated with the Housing Element Update does not include land use designation changes in the area of the Lexington Quarry and development would not occur on this site. Therefore, the General Plan, inclusive of the Housing Element Update, would not facilitate new or additional development within the area of the mineral deposit and the Housing Element Update would not result in the loss of availability of mineral resources in the Town that are known or of local importance (Town of Los Gatos 2021, p. 4.18-2).

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on mineral resources.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
b. Result in the loss of availability of a locally important mineral resource recovery site delineated in a local
general plan, specific plan, or other land-use plan?
☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 68 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

13. NOISE
Would the project result in:

Comments:
a. Temporary Noise Levels. As discussed in the General Plan EIR (Section 4.12, Noise), development under the General Plan would result in construction activities that would temporarily increase ambient noise levels. However, because there are no specific plans or time scales for individual development projects that would be carried out under the General Plan, it is not possible to determine exact noise levels, locations, or time periods for construction of such projects, or construction noise at adjacent properties (p. 4.12-9).

Sensitive noise receptors in areas where more development and redevelopment under the General Plan is proposed would be exposed to the highest levels of construction noise for the longest duration; these areas include the downtown core and the corridors along Pollard Road, Winchester Boulevard, Lark Avenue, Los Gatos Boulevard, Union Avenue, Harwood Road, and North Santa Cruz Avenue. It is anticipated that construction noise as a result of development under the General Plan would exceed ambient noise levels and may temporarily disturb people at neighboring properties.

The General Plan would be required to comply with the Town’s Municipal Code Section

16.20.035, which identifies timing requirements for when construction noise is permitted during the weekdays and weekends, and lists the noise level requirements for construction equipment. The General Plan would also be required to implement the applicable General Plan policies and goals contained in the Environmental and Sustainability Element in order to reduce construction noise and associated impacts. General Plan Policy ENV-21.1 requires that all Town-owned and operated construction and maintenance equipment, and equipment for these activities operated under contract with Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in applicable
standards of other agencies?
☐ ☒ ☐ ☐
b. Generation of excessive ground-borne vibration or
ground borne noise levels?
☐ ☒ ☐ ☐
c. For a project located within the vicinity of a private airstrip or an airport land-use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public-use airport, expose people
residing or working in the project area to excessive
noise levels?
☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 69 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
the Town, shall contain state-of-the-art noise attenuation equipment. Development under the General Plan could include private development that is not required to use noise attenuation equipment, which may result in the generation of noise that exceeds existing ambient noise levels. Therefore, the following mitigation measure is required in order to ensure that impacts related to construction noise would be less than significant (Town of Los Gatos 2021, p. 4.12-12).

Mitigation Measure
N-1 For projects involving construction equipment that are located within 25 feet of noise-sensitive receptors the following mitigation would be required:
 Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noise-sensitive receptors.
 Electrically-Powered Tools and Facilities. Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities.  Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.  Additional Noise Attenuation Techniques. During the clearing, earth moving, grading, and foundation/conditioning phases of construction, temporary sound barriers shall be installed and maintained between the construction site and the sensitive receptors. Temporary sound barriers shall consist of sound blankets affixed to construction fencing or temporary solid walls along all sides of the construction site boundary facing potentially sensitive receptors.

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would result in temporary construction noise that could exceed existing ambient noise levels. The Housing Element Update would be required to comply with the Town’s Municipal Code Section 16.20.035 as well as applicable General Plan policies, such as General Plan Policy 18.2, which requires that all interior residential noise levels be 45 dB or less; Policy ENV-18.3, which requires that all exterior noise levels be based on the compatibility criteria shown on the General Plan’s Figure 8-6; and Policy ENV-18.4, which requires that appropriate site and building design, sound walls, minimum landscape buffers of five feet, and/or the use of noise attenuating construction techniques and materials be used in order to protect existing and proposed residential areas from noise.

However, as indicated above, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, may include private developers who are not required to comply with General Plan Policy ENV-21.1 and whose construction equipment could result in noise levels that exceed

Section C Evaluation of Environmental Impacts 70 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
existing ambient noise levels. Therefore, the Housing Element Update would be required to implement Mitigation Measures N-1 in order to reduce impacts to a less-thansignificant level.

Permanent Noise Levels. Existing sensitive noise receptors could be affected by buildout and operational noise occurring onsite at properties developed or redeveloped under the General Plan.

Noise generated by onsite activities for new development would be subject to the Town’s maximum allowable exterior noise levels contained in Chapter 16 of the Town’s Municipal Code as well as the goals and policies within the General Plan that reduce excess noise generated by new development. Compliance with these regulations and policies would reduce potential onsite noise impacts to a less-than-significant level.

Development facilitated by the General Plan would also result in increased offsite operational noise levels such as additional vehicle trips on roadways within the Town.

However, implementation of General Plan policies and goals encouraging the use of public transit and other active transportation modes would reduce vehicle trips and associated traffic noise to the extent feasible. Therefore, roadway noise would be less than significant (Town of Los Gatos 2021, p. 4.12-15).

Development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would result in the increase in permanent noise levels as a result of increased growth (and, therefore, vehicle trips) within the Town. However, the Housing Element Update’s increase in vehicle trips and associated noise levels have already been evaluated in the General Plan EIR.

Development associated with the Housing Element Update would be required to comply with applicable General Plan polices such as Policy MOB-2.6, which requires that all development with a frontage greater than 300 feet to provide through-access for bicyclists and pedestrians to adjacent developments, paths, or bicycle facilities, and Policy MOB6.7, which requires that all new development to provide bus shelters and ongoing maintenance as part of their developments, when appropriate, to encourage public transit use. Implementation of the applicable General Plan policies would help reduce vehicle trips and, therefore, reduce impacts related to traffic noise levels as a result of development associated with the Housing Element Update to a less-than-significant level.

The General Plan EIR adequately addressed the Housing Element Update’s potential to generate substantial temporary or permanent increases in ambient noise levels. b. Construction of individual projects facilitated by the General Plan could intermittently generate groundborne vibration on and adjacent to construction sites. Development under the General Plan, as discussed in Section 4.12, Noise, would be required to comply with the permitted construction timing identified in the Town’s Municipal Code Section

16.20.035, which allows construction noise between the hours of 8:00AM and 6:00PM on weekdays and between 9:00AM and 4:00PM on Saturdays with a valid Town permit.

However, the General Plan does not include any goals or policies that pertain specifically

Section C Evaluation of Environmental Impacts 71 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
to vibration. The Housing Element update is consistent with the growth projections evaluated in the General Plan EIR and would be required to implement Mitigation Measure N-2 in order to reduce vibration impacts to a less-than-significant level (Town of Los Gatos 2021, p. 4.12-17).

Mitigation Measure
N-2 The Town shall include the following measures as standard conditions of approval for applicable projects involving construction to minimize exposure to construction vibration:

1. Avoid the use of pile drivers and vibratory rollers (i.e., compactors) within 50 feet of buildings that are susceptible to damage from vibration.

2. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration identifies as sensitive to daytime vibration (FTA 2006).

3. Notify neighbors of scheduled construction activities that would generate vibration.

Development associated with the Housing Element Update would result in the generation of vibration during construction activities and require the compliance with the Town’s Municipal Code Section 16.20.035 to restrict construction activities to the daytime when sensitive receptors are awake and less sensitive to vibrations. Because the General Plan does not include any goals or policies that pertain specifically to vibration, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would be required to implement Mitigation Measure N-2 in order to reduce vibration impacts to a less-than-significant level.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to vibration.
c. Refer to the discussion under checklist question “e” within Section 9.0, Hazards and Hazardous Materials. No impacts would occur as a result of development under the Housing Element Update, associated with airports and airstrips.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to noise levels and airports and airstrips.

Section C Evaluation of Environmental Impacts 72 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

14. POPULATION AND HOUSING
Would the project:

Comments:
a. The General Plan would result in the increase in population within the Town by 7,584 persons (General Plan page 3-5). However, Section 4.13, Population and Housing, of the General Plan EIR states that growth under the General Plan would also result in more balanced jobs-housing ratio by increasing housing availability. Therefore, such growth would not result in any adverse effects associated with an increased imbalance of jobs and housing in the Town. A fundamental purpose of the General Plan is to direct future development in such a way that preserves the character of the Town while minimizing pressure to development on the remaining open space in the Town and directing growth and redevelopment to infill areas. Therefore, impacts from development under the General Plan on unplanned population growth would be less than significant (Town of Los Gatos 2021, p. 4.13-7).

The Housing Element Update involves the potential construction of up to 2,312 housing units, which would result in the increase in the Town’s population, which is within the General Plan population projection of 7,584. Development associated with the Housing Element Update has been evaluated in the General Plan EIR and anticipated by the General Plan; therefore, the population growth was planned. One of the primary purposes of the General Plan is to guide growth and development in the Town such that infill development would be prioritized and open space areas would be preserved and enhanced; therefore, by its nature, the General Plan is intended to reduce the potential for uncontrolled growth and associated environmental impacts (p. 5-1). Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would not result in substantial unplanned population growth in an area, either directly or indirectly.

The General Plan EIR adequately addressed the Housing Element Update’s impacts associated with population growth.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of
roads or other infrastructure)?
☐ ☐ ☐ ☒
b. Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
☐ ☐ ☒ ☐

Section C Evaluation of Environmental Impacts 73 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
b. The General Plan facilitates development in the Town that promotes infill development and redevelopment of underutilized parcels. The new units facilitated by the General Plan would be in accordance with state and local housing requirements. The General Plan EIR explains in Section 4.13, Population and Housing, that the General Plan contains several goals and policies that provide guidance on maintaining neighborhood cohesiveness through the anticipated growth that would be required to be implemented.

Because the number of new dwelling units would not displace existing residents, and because the policies of the General Plan promote infill development and preservation of existing neighborhoods, impacts would be less than significant (Town of Los Gatos 2021, p. 4.13-9).

Several of the sites associated with the Housing Element Update would require the demolition of existing residences and, therefore, the displacement of existing people (Town of Los Gatos October 2022c, Appendix H). However, the primary objective is to construct new housing to meet the Town’s regional fair share of new housing. The loss of existing housing would be substantially mitigated by the number of new housing units constructed with implementation of the Housing Element Update. Therefore, the Housing Element Update would result in less than significant impacts associated with the necessary construction of replacement housing elsewhere.

The General Plan EIR adequately addressed the Housing Element Update’s impacts associated with the displacement of people or housing.

Section C Evaluation of Environmental Impacts 74 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

15. PUBLIC SERVICES
Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services:

Comments:
a. The Town is served by the Santa Clara County Fire Department. The Housing Element Update would result in the increase in population, which would increase the demand on fire services. Therefore, potential impacts to the Santa Clara County Fire Department may occur and require the need for new or physically altered facilities, the construction of which could cause significant environmental impacts.

The General Plan EIR (Section 4.14, Public Service and Recreation) states that new development under the General Plan would be required to comply with all applicable federal, state, and local regulations governing the provision of fire services, including adequate fire access, fire flows, and number of hydrants. In addition, consistency with the current California Fire Code is required. The Santa Clara County Fire Department would review building and facility plans through the Town’s development review and building permit processes and the Department’s personnel would also inspect new and remodeled buildings and facilities to ensure that the structures meet state and local fire codes and standards (p. 4.14-20). The General Plan EIR notes that given the demand for fire services in the Town, staffing needs are likely to increase, which could require the construction of new facilities. However, it is determined that the location and potential impacts of new or expanded facilities are unknown and separate environmental review would be required to determine the evaluation of the physical effects of such activities.

New development would also be required to pay fees as determined by the Town pursuant to the Municipal Code Sections 9.30.745 and 9.30.750 for fire protection and contribute their fair share to the cost of funding Town fire services.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Fire protection? ☐ ☐ ☒ ☐
b. Police protection? ☐ ☐ ☒ ☐
c. Schools? ☐ ☐ ☒ ☐
d. Parks? ☐ ☐ ☐ ☒
e. Other public facilities? ☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 75 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development under the General Plan would be required to comply with General Plan Policy PFS-19.3, which requires that new development incorporate adequate emergency water flow, fire resistant design and materials, and evacuation routes; Policy PFS-19.4, which requires that new development provide accessibility to emergency vehicles and don’t impede the ability of service providers to provide adequate emergency response; Policy PFS-20.3, which requires that new development satisfy fire flow and hydrant requirements and other fire-related design requirements as established by the Town and recommended by the Santa Clara County Fire Department; and Policy 20.4, which requires that new development and remodels comply with California Fire and Building Code requirements for the installation of interior emergency sprinkler systems, fireresistant building materials, early warning systems and sufficient water supply systems for fire suppression. New fire services facilities that would be constructed in the Town would require project-specific environmental analysis and implementation of any necessary project-specific mitigation prior to being considered for approval. The General Plan EIR concludes that compliance with General Plan policies and applicable state regulations, as well as payment of Town-required public facilities fees, would ensure that impacts associated with fire services would be less than significant (p. 4.14-23).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR. Therefore, compliance with the abovementioned General Plan policies and applicable state regulations would be required, as well as payment of its fair share for funding the Town’s fire services. Further, as each site associated with the Housing Element Update is considered for development, projectspecific environmental analysis would be required. The General Plan EIR adequately addressed the potential impacts of the Housing Element Update on the Town’s fire services and, therefore, less than significant impacts would occur associated with the Housing Element Update.
b. The Town is served by the Los Gatos-Monte Sereno Police Department. The Housing Element Update would result in the increase in population, which would increase the demand on police protection services. Therefore, potential impacts to the Los GatosMonte Sereno Police Department may occur and require the need for new or physically altered facilities, the construction of which could cause significant environmental impacts.

The General Plan EIR (Section 4.14, Public Service and Recreation) states that new development under the General Plan would be required to comply with all applicable federal, state, and local regulations governing the provision of police services. The General Plan EIR notes that given the demand for police services in the Town, staffing needs are likely to increase, which could require the construction of new facilities.

However, it is determined that the location and potential impacts of new or expanded facilities are unknown and separate environmental review would be required to determine the evaluation of the physical effects of such activities.

Section C Evaluation of Environmental Impacts 76 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
New police services facilities that would be constructed in the Town would require project-specific environmental analysis and implementation of any necessary projectspecific mitigation prior to being considered for approval. The General Plan EIR concluded that development under the General Plan would result in less than significant impacts associated with the potential impacts of construction of police protection facilities (p. 4.14-23).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR. Therefore, it would be speculative to evaluate physical impacts of the Housing Element Update associated with police services because the location and timing for development is unknown. As each site associated with the Housing Element Update is considered for development, project-specific environmental analysis would be required. The Housing Element Update would also be required to comply with applicable federal, state and local regulations governing the provision of police services. The General Plan EIR adequately addressed the potential impacts of the Housing Element Update on the Town’s police services and, therefore, the Housing Element Update would result in less than significant impacts associated with the environmental effects related to the potential construction of new police facilities. c. The Town of Los Gatos is served by six different school districts: Los Gatos Union School District, Los Gatos-Saratoga Joint Union High School District, Campbell Union School District, Campbell Union High School District, Cambrian Union Elementary School District, and Union Elementary School District. The Housing Element Update would be served by all but the Campbell Union School District and Union Elementary School (Los Gatos Union School District 2022) (Los Gatos-Saratoga Joint Union High School District 2022) (Campbell Union School District 2022) (Campbell Union High School District 2022) (Cambrian School District 2022) (Union Elementary School District 2022).

The General Plan EIR (Section 4.14, Public Service and Recreation) determined that buildout of the General Plan would result in the increase of enough students that all school districts serving the Town would need to add or expand facilities to meet the needs of the projected student population in 2040. However, the General Plan EIR concluded that all future development associated with the General Plan would be required to pay school impact fees which, pursuant to Section 65995(3)(h) of the California Government Code (Senate Bill 50), would reduce impacts to a less-thansignificant level (p. 4.14-23).

The Housing Element Update would generate 1,619 students (2,312 x 0.70) based upon the student generation rate in the General Plan EIR (page 1.14-22) and, therefore, increase the demand on the school districts serving the sites associated with the Housing Element Update. The increase in demand on these school districts could result in the need for new or expanded school facilities, the construction of which could cause adverse environmental effects. However, development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and,

Section C Evaluation of Environmental Impacts 77 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
therefore, would be required to pay its fair share of school impact fees, which would offset the increased demand of developments on the school facilities resulting in less than significant impacts.

The General Plan EIR adequately addressed the Housing Element Update’s impacts on the Town’s existing school facilities.
d. According to the General Plan EIR (Section 4.14, Public Service and Recreation), the Town contains approximately 254 acres of parkland, nearly 7 miles of multi-use trails and over 65 acres of lawn area. The Town’s parkland goal, pursuant to General Plan Policy

6.7, is 5 acres per 1,000 population. The Town, at preparation of the General Plan EIR, exceeded this goal by providing 6.2 acres per 1,000 residents (p. 4.14-24). The General Plan EIR also states that the Town would exceed the Quimby Act’s parkland ratio of 3 acres per 1,000 residents with buildout of the General Plan (p. 4.14-26).

Development consistent with the General Plan is required to comply with General Plan Policy OSP-4.5, which requires that all residential developments provide permanent common recreation space and Policy OSP-7.8, which encourages new multi-family residential developments of eight units or more to include tot lots or similar shared offstreet recreation space for young children. According to the General Plan EIR, implementation of applicable General Plan policies would ensure that growth in the Town would not result in adverse environmental effects associated with parks and recreational facilities. Additionally, because buildout of the General Plan would exceed the Quimby Act’s parkland ratio of 3 acres per 1,000 residents, it would not contribute to the need for new or expanded park or recreational facilities.

The Housing Element Update could result in the addition of approximately 5,780 people and therefore, to be consistent with the Town’s parkland goal (General Plan Policy OSPR-6.7), would require approximately 29.6 acres of parkland. However, development associated with the Housing Element Update was evaluated in the General Plan EIR and anticipated by the General Plan. As stated previously, the General Plan EIR concluded that buildout of the General Plan would not require the construction of new or expanded park facilities. Therefore, development associated with the Housing Element Update would be required to comply with both General Plan Policies OSP-4.5 and OSP-7.8 and would not result in the need for new or expanded parks or recreational facilities.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on parks and recreational facilities.
e. The General Plan EIR (Section 4.14, Public Service and Recreation) also evaluates the impacts of development under the General Plan on the Town’s public library facilities.

The Town of Los Gatos is the primary service provider for library services, with one public library located within the Town’s Civic Center complex. The El Camino Hospital operates a Health Library and Resource Center at its Los Gatos campus on the main floor with the purpose of helping patients, families, and the community access resources and information to make informed choices about their health. Affiliation with El Camino Hospital is not required to use its library resources.

Section C Evaluation of Environmental Impacts 78 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
According to the General Plan EIR, the existing library is estimated to be able to meet the demand from an increase in population as a result of buildout of the General Plan and impacts would be less than significant (p. 4.14-23). Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, the increase in demand on the Town’s library facilities as a result of the Housing Element Update would not result in the need for new or expanded facilities, the construction of which could cause environmental effects.

The General Plan EIR adequately addresses the Housing Element Update’s potential to impact library facilities in the Town.

Section C Evaluation of Environmental Impacts 79 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

16. RECREATION
Comments:
a, b. Refer to the discussion in Section 15.0, Public Services, under checklist question “d.” The General Plan EIR (Section 4.14, Public Service and Recreation) concluded that implementation of the applicable General Plan policies would ensure that growth in the Town consistent with the General Plan would not result in adverse environmental effects associated with the physical deterioration of public parks and recreational facilities.

Additionally, the General Plan EIR concluded that the Town would exceed the Quimby Act parkland ratio of 3 acres for every 1,000 residents at buildout of the General Plan (p. 4.14-26).

The Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would be required to comply with General Plan Policy OSP-4.5 (all residential developments provide permanent common recreation space) and Policy OSP-7.8 (new multi-family residential developments of eight units or more include tot lots or similar shared off-street recreation space for young children). Therefore, the Housing Element Update would not result in the physical deterioration of recreational facilities or require the construction or expansion of recreational facilities, the construction of which could cause significant environmental impacts.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on recreational facilities.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
☐ ☐ ☐ ☒
b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical effect on the environment?
☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 80 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

17. TRANSPORTATION
Would the project:

Comments:
a. Transit. According to the General Plan EIR (Section 4.15, Transportation), buildout of the General Plan would increase the number of potential transit users on the various transit systems serving the Town, which would increase the demand for transit.

Additionally, roadway traffic congestion caused from population and employment growth in the Town facilitated by the General Plan could affect several transit corridors by increasing travel times and decreasing headway reliability for transit vehicles (p 4.15-19).

Development under the General Plan would be required to comply with the objectives of the Valley Transportation Plan 2040, which is the long-range Santa Clara County-wide transportation plan adopted by the Valley Transportation Authority. The General Plan EIR states that although the General Plan would increase ridership and potentially cause more traffic delays, the existing transit circulation would be maintained, consistent with the Valley Transportation Plan 2040.

There are several General Plan policies and goals that would support reducing traffic congestion and improving transit connectivity such as Policy MOB-1.1, which requires that all development and redevelopment proposals with more than 10 housing units or over 5,000 square feet of non-residential square footage to include a detailed, sustainable, and measurable Transportation Demand Management program with accountability requirements to ensure that its measures are achieved; Policy MOB-1.3, which requires development near transit stops to provide Transportation Demand Management programs or facilities that encourage transit use for all types of trips; and Policy MOB6.7, which requires all new developments to provide bus shelters and ongoing Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☒ ☐ ☐ ☐
b. Conflict or be inconsistent with CEQA guidelines
section 15064.3, subdivision (b)?
☒ ☐ ☐ ☐
c. Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☐ ☒
d. Result in inadequate emergency access? ☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 81 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
maintenance as part of their developments, when appropriate, to encourage public transit use. Implementation of these General Plan policies would encourage an increase in transit ridership, decrease dependence on motor vehicles and reduce transit delays.

However, according to the 2040 General Plan Revised Sections of the General Plan EIR (Section 4.15, Transportation Revised, p. 4.15-24), development under the General Plan does not include actions to increase the cost of using vehicles and does not include provisions for bus services to avoid congestion delays. As a result, transit service will experience reductions in quality of experience inconsistent with General Plan policies, which could contribute to lower transit demand in the future and higher demand for vehicle use contributing to higher VMT levels. Because the needed additional transit vehicles and supporting infrastructure may not be provided to accommodate additional transit demand, the General Plan would have a potentially significant impact on transit ridership. Development under the General Plan would also result in a significant and unavoidable effect on transit vehicle operations even with improvements such as signal coordination and transit vehicle preemption, which could potentially improve the overall reliability of transit in congested areas but not to the level that would fully address this impact.

The changes to the vehicle circulation system as part of the development under the General Plan would not interfere with existing transit facilities nor conflict with planned transit facilities and services or conflict with adopted transit plans, guidelines, policies or standards.

The Housing Element Update would result in the increase in population, which would increase the demand on the transit system. Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR. The Housing Element Update would be required to comply with the applicable General Plan policies identified above to reduce its potential to conflict with the existing transit facilities or adopted transportation plans, guidelines, policies, or standards associated with the Town’s transit network. However, the Housing Element Update is part of the significant and unavoidable cumulative transit impacts associated with the General Plan. Therefore, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would result in significant and unavoidable transit impacts.

The Town adopted its Statement of Overriding Conditions on June 30, 2022 and determined that specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the General Plan Final EIR related to transportation.

Roadways. The General Plan includes modifications to existing street facilities to create a more pedestrian- and bicycle-oriented street network. Although these modifications would cause existing and future local and regional traffic to circulate differently, its influence would be minimal because these roadway modifications would conform to state and local standards and generally be implemented to improve circulation (Town of Los

Section C Evaluation of Environmental Impacts 82 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Gatos 2021, p. 4.15-21). Therefore, the General Plan would not be expected to interfere or conflict with existing roadways facilities or adopted transportation plans, guidelines, policies, or standards. Impacts would be less than significant (p. 4.15-21).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would conform to state and local standards to reduce any potential impacts that may occur on the roadway system by development under the Housing Element Update. However, potential impacts on the roadway system as a result of the Housing Element Update were evaluated in the General Plan EIR and would be minimal. Therefore, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would not result in the conflict with existing roadways facilities or adopted transportation plans, guidelines, policies, or standards.

Bicycle Facilities. Development facilitated by the General Plan would increase the use of bicycles on the road as a result of increasing the Town’s population. However, the General Plan contains policies and goals that are designed to accommodate increased bicycle demand such as Policy MOB-2.5, which requires that all new development be designed to enhance the safety or convenience of bicycle use through the Town and Policy MOB-2.6, discussed previously. Implementation of applicable General Plan policies would encourage bicycling by improving bicycle connectivity within the Town’s street network, consistent with the Town of Los Gatos Bicycle and Pedestrian Master Plan, which provides guidance to improve the connectivity of the bicycle and pedestrian network in the Town. Therefore, the General Plan EIR concludes that development under the General Plan would have a beneficial effect on bicycle circulation and access and result in less than significant impacts related to the conflict with existing bicycle facilities or adopted plans, guidelines, policies, or standards associated with the Town’s bicycle network (p. 4.15-22).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would not result in significant adverse impacts related to the existing bicycle facilities within the Town. The Housing Element Update would implement applicable General Plan policies, such as those listed above, and is required to be consistent with the goals and objectives of the Town of Los Gatos Bicycle and Pedestrian Master Plan. Therefore, development associated with the Housing Element Update would not result in the conflict with existing bicycle facilities or adopted plans, guidelines, policies, or standards associated with the Town’s bicycle network.

Pedestrian Facilities. Implementation and buildout of the General Plan would increase residency in the Town, which could result in more use and demand on existing pedestrian facilities. According to the General Plan EIR, the General Plan encourages walking by improving pedestrian facilities and connectivity with a safe and continuous pedestrian network to shorten walking distances and improve pedestrian connections to popular local destinations. Development under the General Plan would create new pedestrian facilities and have a beneficial effect on pedestrian circulation and access consistent with

Section C Evaluation of Environmental Impacts 83 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
the Town of Los Gatos Bicycle and Pedestrian Master Plan (p. 4.15-22). The General Plan EIR concludes that the General Plan would not interfere with existing or planed pedestrian facilities or adopted pedestrian system plans, guidelines, policies or standards and impacts would be less than significant (p. 4.15-23).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would not result in significant adverse impacts related to the existing pedestrian facilities within the Town. The Housing Element Update would be consistent with the goals and objectives of the Town of Los Gatos Bicycle and Pedestrian Master Plan and, consistent with the growth projections evaluated in the General Plan EIR, would not result in the conflict with existing pedestrian facilities or adopted plans, guidelines, policies, or standards associated with the Town’s pedestrian network.

The General Plan EIR adequately addressed the Housing Element Update’s potential to conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. b. The population and employment growth facilitated from development envisioned in the General Plan would generate new vehicle trips. The land use pattern and policies identified within the General Plan are expected to result in reduced vehicle miles traveled (VMT) per service population compared to existing conditions. The General Plan EIR (Section 4.15, Transportation) determined that the General Plan-generated VMT per service population would be 38.4, which is approximately 19 percent greater than the applicable VMT threshold of 32.3 (as identified in Table 4.15-2 of the General Plan EIR).

Therefore, the General Plan’s VMT per service population would exceed the applicable threshold and the following mitigation measure is required.

Mitigation Measure
T-1 For projects that would generate vehicle miles traveled (VMT), one or more VMT reduction strategies included in the SB 743 Implementation Decisions for the Town of Los Gatos (July 2020) document shall be required to reduce VMT of the project.

Examples of VMT reduction strategies that shall be implemented 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 VMT for other travel purposes; thus, this strategy should consider the net change in the Town’s project-generated VMT.

Section C Evaluation of Environmental Impacts 84 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
 Provide Ride-Sharing Programs: This strategy focuses on encouraging carpooling and vanpooling by project site/building tenants.  Provide Local Shuttles: This strategy focuses on providing local shuttle service. The local shuttles would provide service to transit hubs, schools, commercial centers, and residential areas to improve transit connectivity and address the “first/last mile” problems. Alternatively, a demand responsive service could be provided as subsidized trips by contracting to private transportation network companies or taxi companies. Note that implementation of this strategy would require regional or local agency implementation.
 Provide Employer-Sponsored Vanpool/Shuttle: This strategy relies on employers purchasing or leasing vans or shuttles, and often subsidizing the cost of at least program administration, if not more. 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.

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 program or benefit/assessment district based on regional or local plans such as the Bicycle and Pedestrian Master Plan and Connect Los Gatos.  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.
 Implement Car-Sharing Program: This strategy reduces the need to own a vehicle or reduces the 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.

Section C Evaluation of Environmental Impacts 85 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
 Limit Parking Supply: When combined with companion transportation demand management measures, reduced parking supply discourages 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 property cost, 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” behavior and may also result in areawide 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 travel in 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 transit-oriented 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 income effects probability 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 Los Gatos, this strategy may be limited to traditional commuter transit where trips can be pooled at the start

Section C Evaluation of Environmental Impacts 86 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
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 enter the 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-quality transit infrastructure.

As concluded in the General Plan EIR, the VMT reduction strategies at the regional level would be required in order to reduce VMT per service population by 19 percent.

However, this would require action on multiple agencies and municipalities in South San Francisco Bay. Because the Town cannot ensure that the other municipalities would participate in the regional VMT reduction strategies outlined in Mitigation Measure T-1, it is not certain that a 19 percent reduction in VMT would be achieved. Therefore, VMT impacts as a result of development under the General Plan would be significant and unavoidable even after implementation of mitigation (p. 4.15-26).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would generate new vehicle trips.

However, development associated with the Housing Element Update is part of the significant and unavoidable cumulative VMT impacts associated with the General Plan.

Therefore, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would result in significant and unavoidable VMT impacts even after implementation of Mitigation Measure T-1. Development associated with the Housing Element Update would be required to implement applicable reduction strategies in Mitigation Measure T-1.

The Town adopted its Statement of Overriding Conditions on June 30, 2022 and determined that specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the General Plan Final EIR related to transportation.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to VMT impact.
c. As discussed in the General Plan EIR (Section 4.15, Transportation), the General Plan is a program-level document that does not directly address project-level design features or building specifications. However, the Town maintains improvement standards that guide construction of new transportation facilities to minimize design hazards for all users of

Section C Evaluation of Environmental Impacts 87 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
the system. Developments that would add traffic to streets that are not designed to current standards would be evaluated in the environmental review process with mitigation measures, if necessary, requiring the development to construct, or provide funding for, an improvement that would minimize or eliminate the hazard. New and upgraded roadways needed to accommodate new development would be designed according to applicable federal, state, and local design standards. The General Plan EIR also states that development and infrastructure projects would be required to implement applicable General Plan policies intended to result in roadway designs that safely accommodate all users such as General Plan Policy MOB-2.6, which is described previously under checklist question “a” and Policy MOB-8.3, which requires that new development minimize the number of access points along arterial streets to minimize impacts on circulation flow and safety. Therefore, the General Plan EIR concludes impacts related to hazards due to a geometric design feature would be less than significant (p. 4.15-29).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, any new or upgraded roadways necessary to accommodate the new development would be designed according to applicable, federal, state, and local design guidelines. Further, development under the Housing Element Update would implement applicable General Plan policies, such as those listed above, minimizing its impact on circulation flow and safety. The Housing Element Update would not result in substantially increased hazards due to a geometric design feature nor would it result in incompatible uses.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to hazards due to a geometric design feature. d. The General Plan does not propose specific development projects and, therefore, does not propose developments that could result in inadequate emergency access. According to the General Plan EIR (Section 4.15, Transportation), the intent of the General Plan is to improve the overall performance of the transportation network for all modes of transportation; however, to further ensure that development under the General Plan would not result in inadequate emergency access, applicable General Plan policies are required to be implemented such as Policy MOB-12.2, which requires that secondary emergency access is provided for new discretionary housing approvals in locations that are identified as Very High Fire Hazard Areas on the Town’s Wildland Fire Severity Zone Map. With implementation of applicable General Plan policies, future development projects would be assessed to ensure they result in adequate emergency access. In addition, mandatory development processes also require project review by emergency services, including police and fire, to ensure projects maintain adequate emergency access.

This impact would be less than significant (Town of Los Gatos 2021, p. 4.15-30).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, is not proposing specific development that could be evaluated as providing or not providing adequate emergency access. However, as future development under the Housing Element Update is proposed, they will be required to comply with applicable General Plan policies such as

Section C Evaluation of Environmental Impacts 88 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Policy MOB-12.2 identified above. Implementation of applicable General Plan policies would ensure that future development associated with the Housing Element Update do not result in impacts related to inadequate emergency access.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to inadequate emergency access.

Section C Evaluation of Environmental Impacts 89 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

18. TRIBAL CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
Comments:
a. Pursuant to SB18, tribal noticing and consultation in accordance with statutory timelines is required when a general plan is amended. The Town did not receive any requests from California Native American tribes requesting consultation under Assembly Bill 52 for the Housing Element Update or for the General Plan EIR. Further, according to the General Plan EIR (Section 4.5, Cultural and Tribal Cultural Resources), no tribal cultural resources have been identified within the planning area (which includes the Town limits where all sites associated with the Housing Element Update are located) by a California Native American tribe (p. 4.5-6).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and the General Plan EIR adequately addresses the Housing Element Update’s impact on tribal cultural resources. a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public
Resources Code section 21074 as either a site, feature, place, or cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value
to a California Native American tribe, and that is:

(1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
code section 5020.1(k), or
☐ ☐ ☐ ☒
(2) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.
☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 90 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

19. UTILITIES AND SERVICES SYSTEMS
Would the project:

Comments:
a. Water. According to the General Plan EIR (Section 4.16, Utilities and Service Systems), expansion to the existing water system may be needed to service new development under the General Plan, the construction of which could cause significant environmental effects. However, it would be speculative to determine the impacts of development that has not yet occurred about infrastructure improvements whose necessity, in addition to location and type, are unknown at this time.

The General Plan EIR states that impacts from any required expansion of existing infrastructure required by new development in the Town would be further analyzed under separate CEQA review when determinations are made on the type, scope, and location of the infrastructure improvements (p. 4.16-18). The General Plan EIR determined that impacts would be less than significant (p. 4.18-19).

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment, storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☐ ☐ ☒ ☐
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
☐ ☐ ☒ ☐
c. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has inadequate capacity to serve the project’s
projected demand in addition to the provider’s
existing commitments?
☐ ☐ ☒ ☐
d. Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
☐ ☐ ☐ ☒
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?
☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 91 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update would result in the increase in population and, therefore, an increase in demand on the Town’s existing water facilities. However, it would be speculative at this time to determine the impacts related to construction of new, or expansion of existing water facilities. Impacts from any required expansion of existing infrastructure required by new development associated with the Housing Element Update would be further analyzed under separate CEQA review when determinations are made on the type, scope, and location of the infrastructure improvements. The Housing Element Update’s impacts related to the potential for expansion of existing or construction of new water facilities would be less than significant.

Wastewater. The Town’s wastewater is collected and treated by the West Valley Sanitation District, which then transports wastewater to the San Jose-Santa Clara Regional Wastewater Facility (wastewater treatment plant). According to the General Plan EIR (Section 4.16, Utilities and Service Systems), the wastewater treatment plant treats an average of 110 million gallons per day (mgd), with a design capacity of up to 167 mgd.

The General Plan projects an increase of 8,971 residents, which the General Plan EIR calculates to be a 30 percent increase above the 2018 population. However, approximately 34 percent of the wastewater treatment plant capacity is available (67 mgd); therefore, the wastewater needs of the expected population growth under the General Plan would be met (Town of Los Gatos 2021, p. 4.16-19).

The sewer collection system within the Town has deficiencies that limit the amount of wastewater that can be conveyed through the Town. According to the General Plan EIR, the West Valley Sanitation District’s Capital Improvement Plan has ongoing plans for replacement and upgrade of old sewer lines and lift equipment. The general maintenance and correction of deficiencies are funded by user fees; therefore, new development would be required to pay impact fees for system expansion that would accommodate the increased growth of the Town envisioned as part of the General Plan. Impact fees on new development would ensure that the wastewater collection system receives necessary upgrades to accommodate the additional population (p. 4.16-20). In addition, the implementation of the applicable General Plan policies under Goal PFS-2 would ensure proper management of wastewater systems and infrastructure for new development and redevelopment in the Town.

The ongoing upgrades to the sewer system under the capital improvement plan and the General Plan would occur in developed areas of the Town that are previously disturbed and ensure that adequate wastewater systems and infrastructure would be available to meet future demands. Therefore, the General Plan EIR determined that the environmental impacts of construction involved with upgrades to the Town’s wastewater system would be less than significant (p. 4.16-20).

Development associated with the Housing Element Update would increase the population in Los Gatos, which would increase the demand on the wastewater treatment

Section C Evaluation of Environmental Impacts 92 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
plant. However, the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and its population growth is encompassed within the General Plan’s anticipated population growth of 8,971. As indicated previously, the General Plan EIR has already evaluated the population growth projections associated with the Housing Element Update. Therefore, the Housing Element Update’s increased demand on the Town’s wastewater system would be adequately accommodated by the remaining capacity within the wastewater treatment plant.

Development associated with the Housing Element Update would also increase the amount of wastewater conveyed by the Town’s existing sewer collection system.

However, the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, each development associated with the Housing Element Update would be required to pay impact fees for system expansion necessary to accommodate the increased growth. Payment of these impacts fees would reduce potential impacts associated with the construction of new, or expansion of existing, sanitary sewer system to a less-than-significant level.

Stormwater Drainage. Development facilitated by the General Plan would create new impervious surfaces, which would result in increased stormwater runoff to the Town’s municipal storm drain system. However, according to the General Plan EIR (Section

4.16, Utilities and Service Systems), the General Plan focuses on infill development, which would reduce the amount of open space and permeable surfaces converted into impervious surfaces. Further, the amount of new impervious surfaces would be reduced through implementation of best management practices, including low impact development approaches, aimed at reducing stormwater runoff to ensure downstream storm drain capacity is not exceeded (Town of Los Gatos 2021, p. 4.16-21).

Because development would occur within urbanized areas of the Town, and best management practices would be incorporated, the construction or expansion of existing storm drain facilities would not likely be required as a result of implementation of the General Plan. However, storm drain improvements or connections to existing storm drains required for each individual project developed under the General Plan would be further analyzed under separate CEQA review as part of each individual project. Impacts related to storm drain facilities would be less than significant (Town of Los Gatos 2021, p. 4.16-22).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would primarily involve infill development. Additionally, the Housing Element Update would be required to implement best management practices and low impact development approaches to reduce stormwater runoff and ensure that downstream storm drain capacities are not exceeded. Development associated with the Housing Element Update would be required to comply with General Plan Policy PFS-3.1, which requires that CEQA review analysis occurs for all development projects consisting of single and cumulative impacts on water drainage (runoff) and contamination (water quality) in all areas. Implementation of best management practices and compliance with General Plan Policy PFS-3.1 would ensure

Section C Evaluation of Environmental Impacts 93 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
that the Housing Element Update’s impacts related to the potential for construction of new storm drainage facilities would be less than significant.

Electricity/Natural Gas/Telecommunications. The General Plan EIR concluded (page 4.16-22) that with implementation of the 2040 General Plan goals and policies, impacts related to electric power, natural has, and telecommunication would be less than significant.

Development facilitated by the General Plan would be required to implement the applicable policies under General Plan Goal PFS-6 (encourage development that reduces the use of non-renewable energy resources and expands the use of renewable resources and alternative fuels) and Goal PFS-7 (promote green buildings that minimize consumption of energy and natural resources). Implementation of the applicable General Plan policies as well as required separate CEQA review for each individual project that requires new connection to existing services would ensure that impacts related to the construction of new, or expansion of existing, electricity, natural gas, or telecommunications facilities would be less than significant (Town of Los Gatos 2021, p. 4.16-22).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would facilitate infill development where existing electricity, natural gas, and telecommunications facilities currently exist. Individual development associated with the Housing Element Update would be required to connect into these existing facilities and the impacts of these new connections would be determined under separate CEQA analysis at the time such development is proposed (page 4.16-21). Therefore, development associated with the Housing Element Update would comply with existing energy efficiency regulations as well as implement applicable General Plan policies, and separate CEQA analysis would occur at the time individual projects are proposed to determine the potential for impacts associated with the new connections. For these reasons, the Housing Element Update would result in less than significant impacts related to the potential for construction of new, or expansion of existing, electricity, natural gas, and telecommunications facilities.

The General Plan EIR adequately addressed the Housing Element Update’s potential to require the expansion of existing or the construction of new water, wastewater, stormwater drainage, electricity, natural gas, and/or telecommunications facilities, the construction of which could cause significant environmental impacts. b. San Jose Water Company is the water service provider for the Town and the Santa Clara Valley Water District (Valley Water) manages the Santa Clara Valley Groundwater subbasin, which supplies approximately one-third of the Town’s water supply. During preparation of the General Plan EIR, the San Jose Water Company was undergoing the preparation of the 2020 Urban Water Management Plan. Therefore, the General Plan EIR relied on the analysis within the 2015 Urban Water Management Plan.

Section C Evaluation of Environmental Impacts 94 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
According to the 2015 Urban Water Management Plan, the San Jose Water Company had adequate water supply capacity to meet its demands through 2040, which included the growth in the Town anticipated by the General Plan. Development under the General Plan would result in the increase in residential and nonresidential uses, which would result in an incremental increase in the Town’s water demand. As indicated in the 2015 Urban Water Management Plan, the San Jose Water Company has sufficient supplies to support development under the General Plan during a normal year. However, it was determined that projected water demands would likely exceed supply totals in the event of a multiple dry year scenario. Therefore, the San Jose Water Company would not have sufficient water supply to accommodate the demand of development and the population increase facilitated by the General Plan through 2040.

As a result, Section 4.16, Utilities and Service Systems, of the General Plan EIR explains that the San Jose Water Company would enact its Water Shortage Contingency Plan, which includes four stages of action based on water supply conditions. The Town would also increase its reliance on recycled water supply and water conservation measures implemented by the San Jose Water Company and the Valley Water reducing demands.

Additionally, the Town would impose water conservation tactics on new development to further reduce water demand. Development under the General Plan would be required to implement the polices associated with General Plan Goal PFS-1 (ensure an adequate water supply for the Town’s human, wildlife, and plant populations), which are consistent with the purpose of the 2015 Urban Water Management Plan to encourage the sustainable use and management of water supplies and infrastructure in the Town. With reliance on recycled water supply and water conservation measures, in addition to compliance with applicable General Plan policies, impacts related to water supply would be less than significant (p. 4.16-19).

Development associated with the Housing Element Update would result in the increase of the residential population of the Town, which would increase the demand on water supplies. Development associated with the Housing Element Update would be required to implement General Plan Policy PFS-1, which requires that landscaping and hardscaping for all development is designed to minimize water usage and enhance water conservation; Policy PFS-1.2, which requires that all new home construction and remodeled homes comply with the Bay-Friendly Landscaping Guidelines in addition to the landscaping standards in the GreenPoint Rated Building Guidelines; Policy PSF-1.3, which requires the use of water-saving devices in new developments and pumping-related remodels; and Policy PFS-1.4, which requires that all new development install waterefficient irrigation management systems and devices, such as evapotranspiration or soil moisture-based irrigation controls.

In addition to compliance with the above-mentioned General Plan policies, the Housing Element Update’s population growth was already evaluated in the General Plan EIR and anticipated by the General Plan. Therefore, the Housing Element Update’s impacts related to increased demand on the Town’s water supplies would be less than significant.

Section C Evaluation of Environmental Impacts 95 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
As previously mentioned, since the certification of the General Plan EIR and adoption of the General Plan, the San Jose Water Company has adopted its 2020 Urban Water Management Plan. The 2020 Urban Water Management Plan concluded that San Jose Water Company anticipates adequate supplies to meet system demand under average year, single dry year, and multiple dry year conditions through 2045 (San Jose Water Company 2021, p. 7-11). However, there is the possibility for a call for a mandatory 20 percent conservation during multi-year droughts (p. 7-12).

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to the Town’s water supplies.
c. Refer to the discussion about wastewater under checklist question “a.” The growth envisioned in the General Plan would require an increase in wastewater capacity to meet the treatment demand from new development; however, the wastewater treatment needs of the General Plan, in addition to existing needs, would be met due to excess capacity within the wastewater treatment plant. As for the wastewater collection system, ongoing upgrades under the West Valley Sanitation District’s Capital Improvement Plan would continue to occur and new development under the General Plan would be required to pay impact fees for system expansion that would accommodate the increased growth in the Town.

Therefore, Section 4.16, Utilities and Service Systems, of the General Plan EIR determined that the growth envisioned by the General Plan would result in less than significant impacts related to the West Valley Sanitation District’s ability to serve the projected demand in addition to its existing commitments.

The Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, the increased wastewater demands associated with development under the Housing Element Update have been evaluated by the General Plan EIR. Therefore, the wastewater treatment needs of the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would be met by the excess capacity remaining within the wastewater treatment plant.

Development associated with the Housing Element Update would be required to pay impact fees related to the expansion of the wastewater collection system that would accommodate the increased growth in the Town anticipated by the Housing Element Update. Therefore, the Housing Element Update would result in less than significant impacts related to the West Valley Sanitation District’s ability to serve its increased wastewater demand in addition to its existing commitments.

The General Plan EIR adequately addressed the Housing Element Update’s potential to impact the West Valley Sanitation District’s ability to serve the projected demand of the Housing Element Update in addition to its existing commitments. d. Solid waste within the Town is disposed of at the Guadalupe Landfill, which is permitted to accept 3,650 tons of material daily and is projected to reach capacity in 2048. Using the residential disposal rates of the Santa Clara Integrated Waste Management Account,

Section C Evaluation of Environmental Impacts 96 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
residential buildout under the General Plan could result in the daily solid waste generation of approximately 294,158 pounds per day (or approximately 147 tons per day).

Therefore, as discussed in Section 4.16, Utilities and Service Systems, of the General Plan EIR, the residential demand in solid waste anticipated by the General Plan would increase disposal at the Guadalupe Landfill by approximately one percent. Because the landfill has a remaining capacity of 11,055,000 cubic yards, it would have sufficient capacity to accommodate the General Plan’s residential increase in solid waste generation (Town of Los Gatos, p. 4.16-23). Although there would be sufficient capacity, the General Plan EIR also discusses the reduction in trash production and promotes recycling and potentially introducing Townwide composting to reduce the amount of solid waste sent to the Guadalupe Landfill. Implementation of the General Plan policies associated with Goals PFS-4 and PFS-5 would help conserve space at the landfill and impacts would be less than significant (Town of Los Gatos 2021, p. 4.16-24).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and its residential solid waste generation has already been evaluated in the General Plan EIR. The General Plan’s residential solid waste generation encompasses the total of residential solid waste generation that would be created by the Housing Element Update. Therefore, because the General Plan EIR concludes that the General Plan’s residential solid waste generation could be accommodated by the Guadalupe Landfill, the solid waste generation as a result of the Housing Element Update would also be accommodated. Development associated with the Housing Element Update would also be required to implement the policies identified under General Plan Goals PFS-4 and PFS-5 to help conserve space at the landfill. For these reasons, the Housing Element Update would not generate solid waste in excess of the capacity of local infrastructure.

The General Plan EIR adequately addresses the Housing Element Update’s potential impacts related to solid waste generation.
e. The General Plan EIR (Section 4.16, Utilities and Service Systems) concludes that implementation of the General Plan’s goals and policies would support the reduction and diversion of waste consistent with state goals for solid waste reduction. Implementation of applicable General Plan goals and policies would ensure that development under the General Plan would comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Impacts would be less than significant (Town of Los Gatos 2021, p. 4.16-24).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would be required to comply with applicable General Plan policies such as Policy PFS-4.1, which requires the recycling of reusable materials from residential and construction/renovation activities.

Implementation of applicable General Plan policies would ensure that the Housing Element Update complies with federal, state, and local management and reduction statutes and regulations related to solid waste and no impacts would occur.

Section C Evaluation of Environmental Impacts 97 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The General Plan EIR adequately addresses the Housing Element Update’s potential impacts related to compliance with federal, state, and local regulations associated with solid waste.

Section C Evaluation of Environmental Impacts 98 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

20. WILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Comments:

The sites associated with the Housing Element Update that make up the “Downtown Area” are located within lands classified as very high fire hazard severity zones in local responsibility areas (CalFire 2022). Figure 3, Downtown Area Sites’ Fire Hazards, illustrates those sites associated with the Housing Element Update that are within a very high fire hazard area. a. The Santa Clara County Operational Area Hazard Mitigation Plan and the Santa Clara County Community Wildfire Protection Plan include techniques for reducing wildfire risk in the Town through land use decisions, inter-agency coordination, community programs, and emergency response improvements. The General Plan Safety Element also directs the Town to accommodate safety needs when planning and designing, while increasing the resiliency of residents and businesses to respond to and be prepared for potential emergencies and disasters.

The General Plan EIR (Section 4.17, Wildfire) states that all development consistent with the General Plan shall comply with the applicable General Plan policies and the Santa Clara County Fire Department shall review and approve all development projects to ensure that emergency access meets standards. Compliance with such actions would ensure that potential impacts from implementation of the General Plan on emergency response and evacuation would be less than significant (p. 4.17-7).

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Substantially impair an adopted emergency response
plan or emergency evacuation plan?
☐ ☐ ☒ ☐
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire
or the uncontrolled spread of wildfire?
☐ ☐ ☐ ☒
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
☐ ☐ ☒ ☐
d. Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☐ ☒

Source: Santa Clara County GIS 2022,
Google Earth 2022, CalFire FHSZ 2022
Figure 3
Downtown Area Sites’ Fire Hazards
0 500 ft
Downtown Area
Parcels
Los Gatos
Town Limits
Very High Fire Hazard Severity
(Local Responsibility Area)
UV17
UV17
UV17
W. Main St.

University Ave.

North Santa Cruz Ave.

Saratoga-Los Gatos Rd.

Los Gatos 6th Cycle Housing Element Environmental Analysis

Section C Evaluation of Environmental Impacts 100 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
This side intentionally left blank.

Section C Evaluation of Environmental Impacts 101 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, each individual site to be developed would require careful consideration of the adequacy of water storage for fire protection during its development review process in compliance with General Plan Policy HAZ-4.3. Additionally, the Santa Clara County Fire Department would be required to review and approve each development project’s plans. Such actions would ensure that the Housing Element Update’s potential impacts related to emergency evacuation and emergency response plans are less than significant.

The General Plan EIR adequately addresses the Housing Element Update’s impacts related to emergency response or emergency evacuation plans. b. Prevailing winds in the Town generally blow southeast; therefore, a wildfire could potentially be carried, as well as smoke and air pollutants, across or down the nearby eastand north-facing slopes of the Santa Cruz Mountains into thick vegetation towards the more urbanized areas of the Town (Town of Los Gatos 2021, p. 4.17-7 and -8).

The risk of wildfire in the Town is most prevalent for those areas of the Town within and surrounding the Santa Cruz Mountains. However, the General Plan EIR (Section 4.17, Wildfire) states that development under the General Plan would not introduce new people or structures to these areas beyond what was already permitted by the previous general plan. Therefore, compliance with applicable General Plan policies reducing wildfire risks in the Town, in addition to the fact that the General Plan would not allow for new development in areas that were not already permitted for development, the General Plan would not exacerbate existing wildfire risks or expose project occupants to pollutant concentrations from a wildfire and impacts would be less than significant (Town of Los Gatos 2021, p. 4.17-8).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would be required to comply with General Plan Policy HAZ-4.1, which requires that fire preventative site design, access, fire-safe landscaping, and building materials, as well as the incorporation of fire suppression techniques, occur in new development located in or adjacent to fire hazard areas. Because development associated with the Housing Element Update was evaluated in the General Plan EIR and anticipated by the General Plan, the Housing Element Update would not exacerbate wildfire risks thereby exposing its occupants to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire.

The General Plan EIR adequately addressed the Housing Element Update’s impact related to exacerbating wildfire risks and exposing occupants to pollutant concentrations from a wildfire.
c. The General Plan EIR (Section 4.17, Wildfire) states that the General Plan would facilitate strategic growth in the Town and would occur primarily as infill and redevelopment within the urbanized areas of the Town. Therefore, the majority of roads and utility infrastructure required for growth facilitated by the General Plan would be

Section C Evaluation of Environmental Impacts 102 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
existing or would occur in currently developed areas, resulting in negligible temporary or ongoing environmental impacts. Because this development would occur in urbanized areas of the Town, where large tracts of vegetation cover are not present, the risk of wildfire would not be exacerbated (Town of Los Gatos 2021, p. 4.17-9). However, portions of the Town’s southern incorporated areas lie within very high fire hazard severity zones; therefore, potential development facilitated by the General Plan in these areas would be subject to the latest California Fire Code, which includes safety measures to minimize the threat from wildfire. In addition, compliance with applicable General Plan policies that require the maintenance of fire roads throughout the Town and adequate emergency response along the wildfire fuel monitoring would be required.

Maintenance and monitoring of wildfire fuel could generate temporary or ongoing impacts related to noise and vegetation removal, but would occur infrequently and is limited to the areas immediately next to fire access roads. Maintenance of these areas would reduce the potential for severe or catastrophic wildfires, rather than exacerbate them (p. 4.17-9). Therefore, the General Plan EIR concluded that impacts related to fire protection-related infrastructure that may exacerbate fire risk would be less than significant (p. 4.17-10).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would occur as infill and redevelopment within the urbanized areas of the Town. The Housing Element Update would be required to comply with the applicable regulations of the California Fire Code as well as Title 14 of the California Code of Regulations, which sets forth the minimum development standards for emergency access, fuel modification, setback, signage, and water supply, which help prevent loss of structures or life by reducing wildfire hazards.

Because the maintenance and monitoring of wildfire fuel and the creation of fuel breaks would be infrequent and occur in limited areas, the temporary or ongoing impacts related to noise and vegetation removal would be considered less than significant. Therefore, development associated with the Housing Element Update would result in less than significant impacts related to the installation or maintenance of associated fire protection infrastructure.

The General Plan EIR adequately addressed the Housing Element Update’s impacts related to fire protection infrastructure and its potential to exacerbate fire risk. d. As discussed in the General Plan EIR (Section 4.17, Wildfire), severe wildfires damage the forest or shrub canopy, the plants below, and the soil, which can result in increased runoff after intense rainfall putting homes and other structures below a burned area at risk of localized floods and landslides. Slopes at risk of wildfire in Los Gatos are primarily limited to the areas along the Santa Cruz Mountains and its foothills (p. 4.17-8).

As previously discussed, development consistent with the General Plan would not result in more or increased development in the Santa Cruz Mountains or surrounding areas than what has already been allowed by the previous general plan. Therefore, impacts related to exposing people or structures to risks, including downslope or downstream flooding or landslides as a result of runoff, post-fire instability, or drainage changes are determined by the General Plan EIR to be less than significant (Town of Los Gatos 2021, p. 4.17-8).

Section C Evaluation of Environmental Impacts 103 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update would not be located outside of the Town’s incorporated limits, where the slopes at the highest risk of wildfire are located. In addition, because development associated with the Housing Element Update was evaluated in the General Plan EIR and anticipated by the General Plan, the Housing Element Update would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes.

The General Plan EIR adequately addressed the Housing Element Update’s impact related to exposure of significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slop instability, or drainage changes to people or structures.

Section C Evaluation of Environmental Impacts 104 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

21. MANDATORY FINDINGS OF SIGNIFICANCE
Comments:
a. As discussed in Section 4.0, Biological Resources, special-status plant and wildlife species are recorded as occurring in the riparian areas of the Town, but are not likely to occur in the developed portions due to lack of suitable habitat. However, both the General Plan and the Housing Element Update facilitates the increase in allowable density that could occur on some of the infill and redevelopment sites within the Town, which could require the upgrading of infrastructure facilities within riparian vegetation along creeks and waterways. Additionally, development within proximity to vegetation cover could result in new sources of light that affect nesting patterns or wildlife behavior. Therefore, implementation of the General Plan’s applicable goals and policies, as well as compliance with state and federal regulations related to special-status species and their habitats, would ensure that impacts to special-status species and their habitats by development associated with the General Plan and the Housing Element Update would be less than significant.

As discussed in Section 5.0, Cultural Resources, effects on cultural resources are only knowable once a specific project has been proposed because the effects are dependent on the individual project site conditions (page 4.5-10), project activities that may alter the character of a built environment resources, and/or the characteristics of the proposed ground-disturbing activity. Development associated with the Housing Element Update is not anticipated to disturb known historic resources; however, ground-disturbing activities have the potential to damage or destroy previously unknown historic or prehistoric Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Does the project have the potential to substantially degrade the quality of the environment; substantially
reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below selfsustaining levels; threaten to eliminate a plant or animal community; substantially reduce the number or
restrict the range of an endangered, rare, or threatened species; or eliminate important examples of the major
periods of California history or prehistory?
☐ ☒ ☐ ☐
b. Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)
☒ ☐ ☐ ☐
c. Does the project have environmental effects, which
will cause substantial adverse effects on human beings, either directly or indirectly?
☐ ☒ ☐ ☐

Section C Evaluation of Environmental Impacts 105 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
archaeological resources that may be present on or below the ground surface.

Implementation of Mitigation Measure CR-1 would reduce impacts to a less-thansignificant level. b. As described in Section 3.0, Air Quality, the Housing Element Update’s criteria air pollutant emissions and their effects to air quality during construction would be reduced to a less-than-significant level with implementation of Mitigation Measure AQ-1 and the General Plan EIR concludes that the General Plan, which includes development associated with the Housing Element Update, would not have a cumulatively considerable contribution to regional air quality impacts.

The proposed development would result in temporary biological resource impacts during construction associated with special-status species. However, as described in Section 4.0, Biological Resources, construction impacts would be reduced to a less-than-significant level with implementation of applicable General Plan policies. Therefore, development associated with the Housing Element Update would not have a cumulatively considerable impact on biological resources.

Section 5.0, Cultural Resources, concludes that earthmoving activities may result in the loss of unknown prehistoric or historic subsurface archaeological resources onsite.

Because the development associated with the Housing Element Update would implement Mitigation Measure CR-1, they would not have a cumulatively considerable impact on cultural resources.

As discussed in Section 8.0, Greenhouse Gas Emissions, development associated with the Housing Element Update will generate GHG emissions that will contribute to the cumulative accumulation of GHG emissions is the atmosphere as its effects are not localized to areas where they are produced. Climate change is a global phenomenon resulting from the combined effects of GHG emissions produced worldwide.

Consequently, the analysis of climate change impacts from production of GHGs is inherently cumulative in nature. (See Center for Biological Diversity v. Department of Fish & Wildlife (2015) 62 Cal.4th 204, 219). However, even with mitigation measures, the impacts would not be capable of being reduced to a less than cumulatively considerable level and, therefore, impacts related to GHG are significant and unavoidable.

Section 13.0, Noise, concludes that development associated with the Housing Element Update would result in temporary construction noise impacts. However, Mitigation Measure N-1 would reduce impacts to a less-than-cumulatively considerable level. c. Development associated with the Housing Element Update would have the potential to expose sensitive receptors to construction toxic air contaminant emissions that can lead to increased cancer risks that exceed the air district cancer risk thresholds.

Implementation of Mitigation Measure AQ-1 would reduce this impact to less than significant. Construction noise and vibrations would also occur at buildout of the General Plan and Housing Element Update; therefore, implementation of Mitigation Measures N-1 and N-2 would be required to reduce impacts to a less-than-significant level.

Section C Evaluation of Environmental Impacts 106 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
D. SOURCES
Environmental Setting/Background/Methodology
Town of Los Gatos. January 2011. Town of Los Gatos 2020 General Plan. Los Gatos, CA. —. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalDescription of Proposal California Department of Finance. May 2022. “E-5 Population and Housing Estimates for Cities, Counties, and the State, January 2021-2022, with 2020 Benchmark.” Accessed on October 24, 2022. https://dof.ca.gov/forecasting/demographics/estimates/e-5- population-and-housing-estimates-for-cities-counties-and-the-state-2020-2022/ Town of Los Gatos. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period.
https://www.losgatosca.gov/DocumentCenter/View/31815/HDC-Initial-ReviewDraft-SubmittalAesthetics Caltrans. “California State Scenic Highway System Map.” Accessed on October 18, 2022. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46 cc8e8057116f1aacaa
Google Earth. 2022.

Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175. Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html

Section C Evaluation of Environmental Impacts 107 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalAgriculture California Department of Conservation. “California Important Farmland Finder.” Accessed on October 27, 2022. https://maps.conservation.ca.gov/DLRP/CIFF/ Google Earth. 2022.

Town of Los Gatos. January 2011. Town of Los Gatos 2020 General Plan. Los Gatos, CA. —. November 2019. Town of Los Gatos Zoning Map. Los Gatos, CA. —. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Air Quality
Bay Area Air Quality Management District. April 2017. Final 2017 Clean Air Plan. https://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-airplan/attachment-a_-proposed-final-cap-vol-1-pdf.pdf?la=en Town of Los Gatos. October 2012. Los Gatos Sustainability Plan. Los Gatos, CA. https://www.losgatosca.gov/DocumentCenter/View/8162/LosGatosSustainabilityPlan_October-2012_201308121810582238?bidId= —. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalPage 1473 Section C Evaluation of Environmental Impacts 108 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Biological Resources
Santa Clara Valley Habitat Agency. August 2012. Final Santa Clara Valley Habitat Plan. https://scv-habitatagency.org/178/Santa-Clara-Valley-Habitat-Plan —. “Santa Clara Valley Habitat Agency Geobrowser.” Accessed on October 31, 2022. http://www.hcpmaps.com/habitat/
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalCultural Resources Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-Submittal- —. “Historic Districts.” Accessed on October 25, 2022d. https://www.losgatosca.gov/1999/Historic-Districts
Energy
Town of Los Gatos. October 2012. Los Gatos Sustainability Plan. Los Gatos, CA. https://www.losgatosca.gov/DocumentCenter/View/8162/LosGatosSustainabilityPlan_October-2012_201308121810582238?bidId= —. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.

Section C Evaluation of Environmental Impacts 109 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalGeology and Soils California Department of Conservation. “Earthquake Zones of Required Investigation.” Accessed on October 19, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/ Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalGreenhouse Gas Emissions Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalHazards and Hazardous Materials Google Earth. 2022.

Section C Evaluation of Environmental Impacts 110 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalHydrology and Water Quality San Jose Water Company. June 2021. 2020 Urban Water Management Plan. San Jose, CA. https://www.sjwater.com/sites/default/files/2021-
06/2020%20UWMP%20FINAL%20with%20Appendices.pdf
Santa Clara Valley Water District. November 2021. 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins. San Jose, CA.

Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalLand Use and Planning Association of Bay Area Governments. July 2017. Plan Bay Area 2040. http://files.mtc.ca.gov/library/pub/30060.pdf
Bay Area Air Quality Management District. April 2017. Final 2017 Clean Air Plan. https://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-airplan/attachment-a_-proposed-final-cap-vol-1-pdf.pdf?la=en

Section C Evaluation of Environmental Impacts 111 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Town of Los Gatos. October 2012. Los Gatos Sustainability Plan. Los Gatos, CA. https://www.losgatosca.gov/DocumentCenter/View/8162/LosGatosSustainabilityPlan_October-2012_201308121810582238?bidId= —. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalMineral Resources Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalNoise Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html

Section C Evaluation of Environmental Impacts 112 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalPopulation and Housing Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalPublic Services California Department of Finance. May 2022. “E-5 Population and Housing Estimates for Cities, Counties, and the State, January 2021-2022, with 2020 Benchmark.” Accessed on October 24, 2022. https://dof.ca.gov/forecasting/demographics/estimates/e-5- population-and-housing-estimates-for-cities-counties-and-the-state-2020-2022/ Cambrian School District. “Cambrian School District.” Accessed on November 8, 2022. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.cambriansd.org/cms/lib /CA01902282/Centricity/Domain/369/District%20Map%208.2.17.pdf Campbell Union High School District. “Campbell Union High Explorer.” Accessed on November 8, 2022. https://campbellhighdistrictexplorer.azurewebsites.net/ Campbell Union School District. “Where We Are.” Accessed on November 8, 2022. https://www.campbellusd.org/whereweare
Los Gatos-Saratoga Joint Union High School District. “Los Gatos-Saratoga Joint Union High School District.” Accessed on November 8, 2022. chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://cdn5- ss11.sharpschool.com/UserFiles/Servers/Server_87205/File/District%20Information/ 2022%20with%20North%2040%20district%20Large%20Map.pdf

Section C Evaluation of Environmental Impacts 113 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Los Gatos Union School District. “SchoolSite Locator.” Accessed on November 8, 2022. https://portal.schoolsitelocator.com/apps/ssl/?districtcode=00215 Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalUnion Elementary School District. “Union Elementary School District (Grades K-8).” Accessed on November 8, 2022.

Chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://1.cdn.edl.io/ 4IG0VO3LMqjGlSy47x70hqmSI641ljrtp14Vijs85FsiIzGO.pdf
Recreation
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalTransportation Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. November 2021. 2040 General Plan Revised Sections of Draft Environmental Impact Report. Los Gatos, CA.
—. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf

Section C Evaluation of Environmental Impacts 114 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalTribal Cultural Resources Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalUtilities and Service Systems San Jose Water Company. June 2021. 2020 Urban Water Management Plan. San Jose, CA. https://www.sjwater.com/sites/default/files/2021-
06/2020%20UWMP%20FINAL%20with%20Appendices.pdf
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. June 2022. Los Gatos Municipal Code.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=THC

OTOLOGACA

Section C Evaluation of Environmental Impacts 115 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalWildfire CalFire. “FHSZ Viewer.” Accessed on October 24, 2022. https://egis.fire.ca.gov/FHSZ/ Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalMandatory Findings of Significance Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA. —. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175.

Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf —. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
—. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period. https://www.losgatosca.gov/DocumentCenter/View/31815/HDCInitial-Review-Draft-SubmittalPage 1481 Section C Evaluation of Environmental Impacts 116 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
This side intentionally left blank.

Town of Los Gatos Response to HCD Comment Letter: Page 1 November 16, 2023
Draft Preliminary Review Matrix on the Draft Revised
Housing Element, as submitted to HCD on October 2, 2023 Received November 7, 2023, with Staff Responses as of November 16, 2023 Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
Affirmatively Furthering Fair Housing
Regional Level Patterns and Trends: The element
includes some data and analysis regarding different
patterns for various socio-economic characteristics
(race and income). However, a complete analysis
should analyze this data for patterns and trends at
the regional level, comparing the locality to the
broader region, including integration and
segregation (race, income, disability, and familial
status), disparities in access to opportunity
(education, environmental, transportation,
economic), and disproportionate housing needs
(cost burdened, overcrowded, substandard housing
conditions, homelessness, and displacement risks).

Please see HCD's January 12, 2023 review for
additional information.

HCD Prior Review: While the element includes
several maps and tables and reports data, it
generally must evaluate the data and especially at a
regional level, comparing the Town to the broader
region. This is particularly important since the Town
appears far different from the rest of the region. The
analysis should address all components of the
assessment of fair housing (e.g., segregation and
integration, disparities in access to opportunity) and
should focus on race, income, and overall access to
opportunity). The analysis should address trends and
A35 Y~ Should be some discussion of
trends whether it’s at an
aggregate level with maps and
data tables.

Additional maps and data of the population by
protected class at a local and regional level
comparison was provided starting on page A-35
through page A-62 of the Draft Revised Housing
Element (September 2023) track change version.

Additional maps and data related to disparities
in access to opportunity at a local and regional
level comparison was provided starting on page
A-68 through A-100 of the Draft Revised Housing
Element (September 2023) track change version.

Additional data and maps related to
disproportionate housing needs at a local and
regional level comparison was provided starting
on page A-101 through A-159 of the Draft
Revised Housing Element (September 2023)
track change version.

Additional analysis in yellow highlight was
provided on pages A-35 through A-36, A-43
through A-44, A-47, A-60, A-64, A-74 through A75, and A-91 of the Draft Revised Housing Element (November 2023) track change version.

ATTACHMENT 3

Town of Los Gatos Response to HCD Comment Letter: Page 2 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
incorporate local data and knowledge and other
relevant factors (See below).

Income and Racial Concentration of Affluence
(RCAA): The element states that a RCAA does not
exist; however, the Town is predominantly a high
resource category according to TCAC/HCD
Opportunity Maps and is predominantly higher
income. These patterns differ from the surrounding
region and the element should include specific
analysis of the Town compared to the region and
should formulate policies and programs to promote
an inclusive community. For example, the Town
should consider additional actions (not limited to
the Regional Housing Needs Allocation (RHNA)) to
promote housing mobility and improve new housing
opportunities throughout the Town.

A63
A150
No The element now includes
actions to promote an
inclusive community;
however, the element must
provide specific analysis of
income and RCAA at a regional
level (town compared to the
broader region). The analysis
should at least address trends,
conditions, coincidence with
other fair housing factors
(e.g., race, highest resource,
overpayment), effectiveness
or absence of past strategies
(e.g., lack of publicly assisted
housing and lack of
multifamily zoning), local data
and knowledge and other
relevant factors. Please see
Los Altos Hills as examples.

Additional analysis, data, and maps describing
that all census tracts in the Town are considered
to be Racially Concentrated Areas of Affluence
(RCAA) was provided on page A-65 through A-67
and page A-151 through A-152 of the Draft
Revised Housing Element (September 2023)
track change version.

Additional analysis in yellow highlight was
provided on page A-69 of the Draft Revised
Housing Element (November 2023) track change
version.

Disparities in Access to Opportunity: While the
element was revised to include the distances
between public schools for each site to a public
transit line, it must also evaluate and compare
concentrations of protected groups with access to
transportation options. In addition, it must also
analyze any disproportionate transportation needs
for members of protected classes.

A76
A89
Yes
Identified Sites and Affirmatively Furthering Fair
Housing (AFFH): While the element was revised with
brief conclusions that identified sites do not
exacerbate fair housing conditions, it must also
A144
- 163
Yes

Town of Los Gatos Response to HCD Comment Letter: Page 3 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
quantify the number of units by income group and
location then evaluate the impact on socioeconomic concentrations. Please see HCD's January 12, 2023 review for additional information.

HCD Prior: The element must include data on the
location of regional housing need allocation (RHNA)
sites by income group relative to all fair housing
components. The analysis should address the number
of units by income group and location, any isolation
of the RHNA by income group, magnitude of the
impact on existing concentrations of socio- economic
characteristics and discuss how the sites improve fair
housing conditions. The analysis should be supported
by local data and knowledge and other relevant
factors and programs should be added or modified as
appropriate to promote inclusive and equitable
communities.

Local Data, Knowledge and Other Relevant Factors:

The element included some information about
regional history, referenced stakeholder comments
and discussed the location of assisted projects and
housing choice vouchers. However, the element
needs to provide information and analysis that
relates, supports, or supplements the existing
analysis, fair housing conclusions, or contributing
factors. The element must consider other relevant
factors that have contributed to certain fair housing
conditions. This analysis must consider information
that is unique to the Town or region; such as
governmental and nongovernmental actions;
historical land use and zoning practices (e.g., past
redlining/Greenlining, restrictive covenants,
planning documents, etc.); disparities in investment
A4
A14
No~ The city can utilize staff
knowledge and reach out to
service providers for local
data.

Local knowledge and history were added on
page A-14 through A-15 of the Draft Revised
Housing Element (September 2023) track change
version.

Additional information in yellow highlight was
provided on page A-19 of the Draft Revised
Housing Element (November 2023) track change
version.

Town of Los Gatos Response to HCD Comment Letter: Page 4 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
to specific communities including transportation
investments; seeking investment or lack thereof to
promote affordability and inclusion; local initiatives, or other information that may have impeded
housing choices and mobility.

Contributing Factors to Fair Housing Issues: The
element identifies contributing factors to fair
housing issues. However, these issues and goals do
not appear adequate to facilitate the formulation of
meaningful actions to AFFH. The element should reassess contributing factors upon completion of analysis and make revisions as appropriate. In
addition, the element must prioritize these factors
to better formulate policies and programs and carry
out meaningful actions to AFFH.

A16 TBD Dependent upon complete
analysis.

Analysis of the Town’s contributing factors with
a priority rating were added on page A-16
through A-19 of the Draft Revised Housing
Element (September 2023) track change version.

Additional analysis in yellow highlight was
provided on pages A-17 through A-19 of the
Draft Revised Housing Element (November 2023)
track change version.

Housing Needs Assessment
Housing Conditions: The element discusses code
enforcement violations; however, it must also
provide a Town-wide estimate of the number of
units in need of rehabilitation and replacement.

B25 Yes
Special Housing Needs: The element was not revised
to address this finding. Please see HCD's January 12,
2023 review for additional information.

HCD Prior Review: While the element quantifies
some of the Town’s special needs populations, it
must also estimate the number of persons
experiencing homelessness in the Town. In addition,
the element reports data but must also analyze the
special housing needs. For a complete analysis of
each population group, the element should quantify
the needs, evaluate trends and characteristics (e.g.,
tenure, income) of housing needs, discuss
B40+
C57
~ Commercial Industrial (LM)
will permit ES by right;
however, program should go
beyond reviewing town code
and make amendments as
necessary to align with all
state requirements.

Analysis of the Town’s compliance with
Assembly Bill 2339 for emergency shelters was
added on page C-57 of the Draft Revised
Housing Element (September 2023) track change
version.

Program AP of the Draft Revised Housing
Element (September 2023) includes
Implementation Program AP which outlines
amendments to the Town Code to better
facilitate the provision of a variety of housing
types, prioritize special needs housing by
allowing for reduced processing times and

Town of Los Gatos Response to HCD Comment Letter: Page 5 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
disproportionate challenges faced by the
population, the existing resources to meet those
needs, assess any gaps in resources or effectiveness
of past strategies, describe the magnitude of the
remaining need and appropriate propose policies
and programs.
streamlined procedures, and include
preferential handling of special needs
populations in management plans and
regulatory agreements of funded projects.

Added language in yellow highlight was provided
on pages 10-64 and 10-65 for Implementation
Program AP of the Draft Revised Housing
Element (November 2023) track change version.

Sites Inventory, Analysis and Adequate Sites
Realistic Capacity: While the element now clarifies
that minimum densities are utilized toward the
calculation of realistic capacity; it must still address HCD’s prior finding regarding the likelihood for 100
percent nonresidential development in zones
allowing 100 percent nonresidential uses. Please see
HCDs prior review for additional information.

HCD Prior Review: The element must include a
methodology for calculating the realistic residential
capacity of identified sites. The methodology must
be adjusted as necessary, based on the land use
controls and site improvements and typical densities
of existing or approved residential developments at
a similar affordability level in that jurisdiction. For example, the element could clearly list other recent
projects, the zone, acreage, built density, allowable
density, level of affordability and presence of
exceptions such as a density bonus.

D2-
D5
D13
No Program BH must clarify by
right definition for reuse sites.

Program AS of the Draft Revised Housing
Element (September 2023) identifies the reuse
sites included in the 6th cycle Housing Element.

Clarifying language in yellow highlight was
provided on pages 10-68 and 10-69 for
Implementation Program AS of the Draft Revised
Housing Element (November 2023) track change
version.

Nonvacant Sites: The element was not revised to
address this finding. Please see HCD's January 12,
2023 review for additional information.

D5 Yes~ Utilizes factors: ILV, FAR, Age
(40 years), # of stories.

A nonvacant capacity analysis was provided on
page D-5 through D-13 of the Draft Revised
Housing Element (September 2023) track change
version. The characteristics of existing uses

Town of Los Gatos Response to HCD Comment Letter: Page 6 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
In addition, specific analysis and actions are
necessary if the housing element relies upon
nonvacant sites to accommodate more than 50
percent of the RHNA for lower-income households.

For your information, the housing element must
demonstrate existing uses are not an impediment to
additional residential development and will likely
discontinue in the planning period. (Gov. Code, §
65583.2, subd. (g)(2).) Absent findings (e.g.,
adoption resolution) based on substantial evidence,
the existing uses will be presumed to impede
additional residential development and will not be
utilized toward demonstrating adequate sites to
accommodate the RHNA.

HCD Prior Review: The element must include an
analysis demonstrating the potential for additional
development on nonvacant sites. The element
generally provides a description of the properties
like location and whether the property owner
submitted an interest form but does not describe
the results of the form or why the property might
redevelop in the planning period. To address this
requirement, the element should address the extent
to which existing uses may constitute an
impediment to additional residential development,
the Town’s past experience with converting existing
uses to higher density residential development, the
current market demand for the existing use, an
analysis of any existing leases or other contracts that would perpetuate the existing use or prevent
redevelopment of the site for additional residential
development, development trends, market
conditions, and regulatory or other incentives or
(age, floor area ratio, improvement-to-land
value, single vs. multi-story), and whether such
characteristics are conducive to future
redevelopment were all included in the analysis.

Clarifying language in yellow highlight was
provided on page D-5 of the Draft Revised
Housing Element (November 2023) track change
version related to the nonvacant capacity
analysis.

Town of Los Gatos Response to HCD Comment Letter: Page 7 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
standards to encourage additional residential
development on these sites.

Small Sites: The element was not revised to address
this finding. Please see HCD's January 12, 2023
review for additional information.

HCD Prior Review: The element identifies several
sites smaller than a half-acre. Sites smaller than a
half-acre in size are deemed inadequate to
accommodate housing for lower-income housing
unless it is demonstrated that sites of equivalent
size and affordability were successfully developed
during the prior planning period or other evidence
demonstrates the suitability of the sites to
accommodate housing for lower-income
households, including programs as appropriate.
?
Elec.

SI
No No revisions made? The income distribution for sites D-3, D-4, and D7 were modified as part of Appendix H to place all housing units in the above moderate-income
category since each parcel is less than half an
acre and deemed inadequate to accommodate
housing for lower-income housing.

Sites B-1, C-2, D-1, and D-5 are each composed
of multiple parcels. The parcels that are less
than half an acre in size within each site are
identified below in underlined text; however,
since they are owned by the same property
owner, they have been consolidated in the Sites
Inventory based on anticipated future
development as one, merged site.
 Site B-1: APN’s 52924032, 52924001, and
52924003;
 Site C-2: APN’s 42419049, 42419048, and
42419069;
 Site D-1: APN’s 42407094, 42407095,
42407053, 42407009, 42407081, 42407115,
and 42407116;
 Site D-2: 42406115 and 42406116; and
 Site D-5: APN’s 42407054 and 42407063.

Additional language in yellow highlight was
provided on page D-13 of the Draft Revised
Housing Element (November 2023) track change
version to clarify that the aforementioned sites
are small parcels, not small sites.

SB 9 Sites: The element is projecting 96 units that
will be developed based on the passage of SB 9
(Statutes of 2021) to accommodate a portion of its
C50 No Element was revised to
include factors utilized such as
age, ILV, and lot coverage;
A Senate Bill 9 analysis, including identifying the
number of parcels in Town that qualify for a lot
split was provided on page D-66 of the Draft

Town of Los Gatos Response to HCD Comment Letter: Page 8 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
above moderate-income RHNA. To utilize
projections based on SB 9 legislation, the element
must; 1) include a site-specific inventory of sites
where SB 9 projections are being applied; 2) include
a nonvacant sites analysis demonstrating the
likelihood of redevelopment and that the existing
use will not constitute as an impediment for
additional residential use. The element should list
the four two-unit housing development applications
and the seven urban lot splits, and the two
development requests on single-family residential
zoned parcels; and Program BL should be revised to
implement significant incentives to encourage and
facilitate development. Please see HCD's January 12,
2023 review for additional information.

HCD Prior Review: The element identifies SB 9 as a
strategy to accommodate the part of the Town’s
RHNA. To support these assumptions, the analysis
must include experience, trends and market
conditions that allow lot splits. The analysis must
also include a nonvacant sites analysis
demonstrating the affordability, likelihood of
redevelopment and the existing use will not
constitute as an impediment for additional
residential use. The analysis should describe how
the Town determined eligible properties, whether
the assumed lots will have turnover, if the
properties are easy to subdivide, and the condition
of the existing structures or other relevant factors
indicating additional development potential. The
analysis should also describe interest from property
owners as well as experience. The analysis should
provide support for the assumption of eligible
properties being developed within the planning
D66 however, should relate to site
inventory specific for Sb 9
projects, including all four two
unit housing development
applications, and seven urban
lot requests. In addition, the
element must discuss trends
and likelihood of
redevelopment. For example,
the town can identify on a site
specific analysis owner
interest, existing use, and
other conditions of the
existing infrastructure or
relevant factors indicating
additional development.

Please see HCDs prior review.

See the town of Ross as
example.

Revised Housing Element (September 2023)
track change version.

The inclusion of Senate Bill 9 units in the
Housing Element towards meeting the Town’s
RHNA was removed from Table 10-3 on page 10-
33, Table D-2 on page D-2, and page D-70 of the
Draft Revised Housing Element (November
2023) track change version.

Town of Los Gatos Response to HCD Comment Letter: Page 9 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
period. Based on the outcomes of this analysis, the
element should add or modify programs to establish
zoning and development standards early in the
planning period and implement incentives to
encourage and facilitate development as well as
monitor development every two years with and
identify additional sites within six months if
assumptions are not being met. The element should
support this analysis with local information such as
local developer or owner interest to utilize zoning
and incentives established through SB 9.

Zoning for a Variety of Housing Types
(Manufactured Housing): The element was not
revised to address this finding. Please see HCD's
January 12, 2023 review for additional information.

HCD Prior Review: The element must demonstrate
zoning permits manufactured housing on a
permanent foundation in the same manner and in
the same zone as a conventional or stick-built
structures are permitted (Government Code Section
65852.3) or add or modify programs as appropriate.

C15
No
Include program to comply
with gov code 65852.3.

Narrative describing that manufactured housing
is permitted by-right on all residentially zoned
parcels was included on page C-14 of the Draft
Revised Housing Element (September 2023)
track change version.

Additional text in yellow highlight was provided
in Implementation Program AQ on page 10-67 of
the Draft Revised Housing Element (November
2023) track change version to clarify that the
Town will comply with Section 65852.3 of the
Government Code to allow the installation of
manufactured homes.

Governmental Constraints
Land Use Controls: The element now lists
development standards by zoning district. However,
it must also list and evaluate development standards
for the North Forty Specific Plan, Mixed-Use
Commercial, and the High-Density Residential zones.

Please see HCD's January 12, 2023 review for
additional information
C3
C6
D2
~ Medium and High Density
Residential would be based on
the underlying zone in the
2020 GP?
An evaluation of the North Forty Specific Plan
residential development standards was provided
on page C-6 of the Draft Revised Housing
Element (September 2023) track change version.

Development standards for residential and
commercial development were provided in
Table C-1 on page C-5 of the Draft Revised
Housing Element (September 2023) track change
version.

Town of Los Gatos Response to HCD Comment Letter: Page 10 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
HCD Prior Review: The element must identify and
analyze all relevant land use controls impacts as
potential constraints on a variety of housing types.

For example, the element should analyze all
development standards by zoning district for
impacts on housing costs and ability to achieve
maximum densities. The element should also discuss
any local initiatives, referendums, moratoriums or
other mechanisms (existing or proposed) that
impact housing supply, cost, feasibility, timing and
ability to achieve maximum densities. In addition,
the analysis should specifically address the
development standards in the North Forty Specific
Plan, Mixed Use Commercial, and the High-Density
Residential zone. The analysis must evaluate the
cumulative impacts of land use controls on the cost
and supply of housing, including the ability to
achieve maximum densities. The Town could engage
the development community to assist with this
analysis.

The development standards for the CH zone
(applicable General Plan land use category of
Mixed Use Commercial) and R-M zone
(applicable General Plan land use category of
High Density Residential) were provided in
yellow highlight on pages C-7 and C-8 of the
Draft Revised Housing Element (November
2023) track change version.

Fees and Exaction: The element now compares total
fees as a proportion of the total development costs
but still must list the fees that comprise that total
and particularly impact fees then evaluate those
total fees for impacts on development costs.

C19
C36
No Revise to include MU unit
project Table C-4, but should
also list fees for MF projects.

A table summarizing the development and
permit fees required for a single-family and
mixed-use development were provided in Table
C-4 on page C-20 of the Draft Revised Housing
Element (September 2023) track change version.

Table C-4 on page C-23 of the Draft Revised
Housing Element (November 2023) track change
version was revised to include the permitting
fees for a multi-family project in yellow
highlight.

Local Processing and Permit Procedures: While the
element provides additional information on the
processing of a typical market rate single or multifamily housing application, it mentions approval is C37 Yes~ All CUP approval findings
should be based on objective
The findings for a housing project which requires
a Conditional Use Permit (CUP) was provided on

Town of Los Gatos Response to HCD Comment Letter: Page 11 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
required by the Development Review Committee
(DRC) (p. C-29). The element must describe and
analyze the DRC process, identify and evaluate
approval findings for impacts on housing cost and
approval certainty.

C44 design standards to promote
certainty.
page C-48 of the Draft Revised Housing Element
(September 2023) track change version.

Implementation Program AP on page 10-67 of
the Draft Revised Housing Element (November
2023) track change version includes in yellow
highlight clarifying text to amend the
Conditional Use Permit findings for a multifamily and mixed-use project to make them objective and provide certainty in outcomes.

Housing for Persons with Disabilities: The prior
review found the Town’s reasonable
accommodation procedure contains constraints. For
example, subjective language in approval findings
such as “no impact on surrounding uses” can lead to
uncertainty of project approval through a
discretionary process. In response, the Town
commits Program BC to revise subjective language
criteria to “minimal impact on surround uses” (p. C38). However, reasonable accommodation is a unique exception process that should not contain
findings similar to a conditional use permit. Program
BC should be revised to specifically remove the
surrounding uses finding.
10-
53 C47
No Program V.

See suggested language in
blue below.

Implementation Program V on page 10-53 of the
Draft Revised Housing Element (September
2023) track change version includes language to
review the Reasonable Accommodation
procedure on an annual basis.

Suggested language for Implementation
Program V was added in yellow highlight on
page 10-53 of the Draft Revised Housing
Element (November 2023) track change version.

Inclusionary Zoning Ordinance: While the element
now discusses alternatives for meeting the Town’s
inclusionary requirements, it should still describe
incentives, including relationships with state density
bonus law and how the level of affordability is
determined.

C53 Yes
Housing Programs: Beneficial Impact
Programs must demonstrate that they will have a
beneficial impact within the planning period.

Beneficial impact means specific commitment to
10-
45 No Metrics should not be limited
to RHNA.

Implementation Program K on page 10-45 of the
Draft Revised Housing Element (September
2023) track change version describes outreach

Town of Los Gatos Response to HCD Comment Letter: Page 12 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
deliverables, measurable metrics or objectives,
definitive deadlines, dates, or benchmarks for
implementation. Deliverables should occur early in
the planning period to ensure actual housing
outcomes. The following programs still must be
revised to include specific commitments and
definitive timelines as follows:

Program M (Lot Consolidation): While the program
was revised to facilitate four units through the lot
consolidation process, it should increase the
numerical objective in stride with the need. Specially
as the Town is relying on several small sites to
accommodate a portion of lower income RHNA.
by the Town to property owners to facilitate lot
consolidation, including an amendment to the
Town Code for development incentives to
encourage the parcel merger process in a
streamlined and timely manner.

Metrics to Implementation Programs were
modified in yellow highlight on pages 10-42
through 10-43, 10-45 through 10-48, 10-50
through 10-53, 10-55, 10-59, and 10-61 of the
Draft Revised Housing Element (November
2023) track change version.

Program S (Affordable Housing Development): The
program should increase the numerical objective to
target meaningful outcomes during the planning
period.
10-
48 No Program O must be revised to
include a timeline when
development impact fees will
be reduced.

Implementation Program O on page 10-48 of the
Draft Revised Housing Element (September
2023) track change version describes incentives
for affordable housing development.

The timeline of Implementation Program O was
modified in yellow highlight on page 10-48 of
the Draft Revised Housing Element (November
2023) track change version.

Program T (Purchase Affordability Covenants in
Existing Apartments): The element should revise the
timeline earlier in the planning period to target a
beneficial impact (e.g., by 2026).
10-
49 Yes Program P. Implementation Program T on page 10-49 of the Draft Revised Housing Element (September
2023) track change version describes a program
for the Town to purchase affordability
covenants.

The timeline of Implementation Program P was
modified in yellow highlight on page 10-49 of
the Draft Revised Housing Element (November
2023) track change version.

Town of Los Gatos Response to HCD Comment Letter: Page 13 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
Program BM (Story Poles and Netting Policy): The
program now commits to review the story pole and
netting policy and explore options to reduce costs
affordable housing. However, the program still must
commit to an actual outcome, beyond exploring
options. In addition, the program should also
establish alternatives or modifications that promote
approval certainty. For example, the program could
remove the requirements or create alternative for
meeting the requirement such as visual renderings.
10-
69 C36
No Program AW must be revised
to include specific
commitment to amend story
poles and netting policy. In
addition, the City should
consider public comments
submitted by developer.

Implementation Program AW on page 10-69 of
the Draft Revised Housing Element (September
2023) track change version describes that the
Story Pole and Netting Policy will be reviewed to
reduce the associated costs of installing story
poles.

Implementation Program AW on page 10-72 and
page C-38 of the Draft Revised Housing Element
(November 2023) track change version was
modified in yellow highlight to include relevant
information regarding the status of this progress
by the Planning Commission and Town Council.

Housing Programs: Sites
As noted in Finding A3, the element does not include
a complete site analysis; therefore, the adequacy of
sites and zoning were not established. Based on the
results of a complete sites inventory and analysis,
the Town may need to add or revise programs to
address a shortfall of sites or zoning available to
encourage a variety of housing types.

As noted in the prior review, if necessary to make
appropriate zoning available to accommodate the
lower-income RHNA, Program D (Additional Housing
Capacity) must be revised to meet all requirements
pursuant to Government Code section 65583.2,
subdivisions (h) and (i). For example, the Program
must commit to permit owner-occupied and rental
multifamily uses by-right (without discretionary
action) for developments in which 20 percent or
more of the units are affordable to lower-income
households.
10-
42 No Program D+.

Program AR must comply with
prior identified sites pursuant
to gov code 65583.2 c) to
make prior identified sites
available, if necessary.

Program AS of the Draft Revised Housing
Element (September 2023) identifies the reuse
sites included in the 6th cycle Housing Element.

Implementation Program AS on pages 10-68 and
10-69 of the Draft Revised Housing Element
(November 2023) track change version was
modified in yellow highlight to include the
definition of by right development, consistent
with Program D.

Town of Los Gatos Response to HCD Comment Letter: Page 14 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
Housing Program: Constraints
As noted in Finding A4, the element requires a
complete analysis of potential governmental
constraints. Depending upon the results of that
analysis, the Town may need to revise or add
programs and address and remove or mitigate any
identified constraints.

TBD Depends on a complete
analysis.

Governmental constraints are identified and
analyzed in Appendix C, starting on page C-1 and
additional information regarding permitting fees
was added in yellow highlight to Table C-4 on
page C-23 of the Draft Revised Housing Element
(November 2023).

Housing Program: AFFH
As noted in Finding A1, the element requires a
complete AFFH analysis. Depending upon the results
of that analysis, the Town may need to revise or add
programs. Actions listed to address AFFH analysis
must have specific commitments, milestones,
geographic targeting and metrics or numerical
targets and, as appropriate; address housing
mobility enhancement; new housing choices and
affordability in higher opportunity or higher income
areas; place-based strategies for community
revitalization and displacement protection. For
example, the element must add significant and
meaningful housing mobility actions to overcome
the existing patterns in the Town related to the
broader region. Given, among other things, the
Town is entirely in the highest category of disparities in access to opportunity and largely does not reflect
the socio-economic characteristics of the broader
region. The element must include significant actions
to promote housing mobility within the Town and
relate to the region to promote an overall inclusive
community. The element could consider improving
existing programs or including new programs.

No Following a complete analysis,
the town must revise to
include robust suit of actions
that provide stronger housing
mobility programs beyond
RHNA.

An Affirmatively Furthering Fair Housing (AFFH)
report and analysis of the Town and at a
regional level is provided in Appendix A, starting
on page A-1 of the Draft Revised Housing
Element (September 2023).

An action matrix with the Town’s goals and
actions to affirmatively further fair housing was
added in yellow highlight on page 10-73 of the
Draft Revised Housing Element (November
2023).

Town of Los Gatos Response to HCD Comment Letter: Page 15 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
Housing Program: ADU
Program U Accessory Dwelling Units (ADU): While
the program now commits to annually monitor the
production and affordability of ADUs and make
adjustments. It should clarify the types of
adjustments that will be considered such as
rezoning, additional incentives, fee reductions,
financing programs.
10-
50 No Program Q. The city must
include a definitive timeline of
when alternative actions will
be taken. See suggested
language in blue.

Implementation Program Q on page 10-49 of the
Draft Revised Housing Element (September
2023) track change version describes multiple
Town efforts to encourage the creation of
Accessory Dwelling Units (ADU).

Suggested language for Implementation
Program Q was added in yellow highlight on
page 10-50 of the Draft Revised Housing
Element (November 2023).

Other Revisions
Quantified Objectives: The element now includes
quantified objectives for new construction and
rehabilitation by income group but should also
include conservation objectives. Please note,
conservation objectives are not limited to at-risk
preservation and may include a variety of activities
that promote safe and stable housing such as code
enforcement and tenant protections. Examples of
programs that may be utilized include Programs T
(Purchase Affordability Covenants in Existing
Apartments), AE (Rental Dispute Resolution), AF
(Rental Assistance), AH (Stabilize Rents) and AQ
(Rental Housing Conservation).
10-
34 Yes Revised objectives.

Public Participation: While the element was revised
to include the renters survey results and previous
outreach conducted, it must also summarize all
public comments and describe how they were
considered and incorporated into the element.

HCD’s future review will consider the extent to
which the revised element documents how the
Town solicited, considered, and addressed public
10-
10 App I
and
App
G
~/No How were comments
submitted by Erick Phillips
7/31/23 addressed?
Appendix I was added to the Draft Revised
Housing Element (September 2023) including all
verbal and written public comments that have
been provided to the Town.

Appendix I of the Draft Revised Housing Element
(November 2023) was modified in yellow

Town of Los Gatos Response to HCD Comment Letter: Page 16 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
comments in the element. The Towns consideration
of public comments must not be limited by HCD’s
findings in this review letter. Please see HCD’s prior
review for additional information.
highlight to include a response to the public
comment submitted by Eric Phillips.

General Plan: While the element identifies Program
BG (General Plan Amendment) to ensure
consistency with the General Plan, it should discuss
how consistency will be maintained throughout the
entire planning period.
10-
67 Yes Program AQ.

Other (HCD use only)
Public comments App
A
? 5 public comments submitted:

Anne Paulson, Phil Koen (2),
Maryknol, Eric Phillips.

Appendix I was added to the Draft Revised
Housing Element (September 2023) including all
verbal and written public comments that have
been provided to the Town.

Appendix I of the Draft Revised Housing Element
(November 2023) was modified in yellow
highlight to respond to the referenced public
comments.

Pipeline Projects D 68 ? Table D-7 pipeline projects
included in previous years
APRs? Need confirmation of
DOF.

On page D-68 of the Draft Revised Housing
Element (September 2023) track change version,
table D-7 was added to include housing units
that were entitled, permitted, under
construction, and finaled from June 30, 2022, to
January 31, 2023.

The number of units that were entitled,
permitted, under construction, and finaled from
June 30, 2022, to January 31, 2023, as listed in
Table 10-3 on page 10-33, Table D-2 on page D2, and Table D-7 on page D-72 of the Draft Revised Housing Element (November 2023)
were modified in yellow highlight to remove

Town of Los Gatos Response to HCD Comment Letter: Page 17 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
units that were reported to the California
Department of Finance.

Document availability Yes
Rezone timing FYI
Resolution Received? NA
50% nonvacant resolution FYI
Electronic sites inventory FYI
AB 2339 C57
Overlay No HE Overlay Program AQ. The rezonings and creation of the Housing Element Overlay Zone (HEOZ) have been
recommended by Planning Commission and
introduced by Town Council.

Modification Authority NA
Suggested Program Language (in Blue)
Program Q: Annually monitor number of ADU’s/ JADUs produced, and affordability levels and make adjustments to accommodate a potential shortfall if determined necessary (i.e. adopt additional incentives or other strategies such as rezoning) Timing: Timeframe: Annually monitor the production and affordability and if necessary, make potential adjustments within six months.

Program V: Reasonable Accommodation procedure. Review and revise the Reasonable Accommodation procedure to promote access to housing for persons with disabilities, address potential constraints including subjective approval findings such as “impact on surrounding uses.” Timing: Review and Revise RA by December 2024. Annually review and, if necessary, revise the reasonable accommodations procedures.

This Page
Intentionally
Left Blank

PREPARED BY: Erin Walters and Jocelyn Shoopman
Associate Planners
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 11/15/2023
ITEM NO: 1
DATE: November 10, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider and Make a Recommendation to the Town Council on the Draft Revised 2023-2031 Housing Element. Location: Town-Wide. General Plan Amendment Application GP-22-003.

RECOMMENDATION:

Staff recommends that the Planning Commission hold the public hearing, ask questions of staff, and receive any verbal public comment from those in attendance, and continue the item to a date certain of November 29, 2023, for a special meeting to continue the public hearing for any additional public comment, deliberation, and a recommendation.

EXECUTIVE SUMMARY:

The Town of Los Gatos has prepared a revised update to the Housing Element of the General Plan to affirmatively further fair housing and accommodate the 1,993-unit Regional Housing Needs Allocation (RHNA) for the 2023-2031 Housing Element cycle. The content of the Draft Revised 2023-2031 Housing Element is structured for further consistency with the requirements set forth in State law. In addition to responding to requirements of State law, the Housing Element also demonstrates the Town of Los Gatos’ strategy to meet the Town’s locally determined housing needs, and that these needs are addressed through policies and programs outlined within the Housing Element. Public review and input have been a critical component of this 6th cycle Housing Element update. A copy of the Draft Revised 2023-2031 Housing Element is available on the Town’s Housing Element website:
www.losgatosca.govHousingElement.

ATTACHMENT 4

PAGE 2 OF 11
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 10, 2023
BACKGROUND:

California Government Code Section 65580 and following regulates the use and requirements of housing elements in California. State law requires that the Town update its General Plan Housing Element every eight years. State law further requires adoption of an updated Housing Element by January 31, 2023.

Starting in early 2021, the Town has taken the steps to comply with State law with the goal of adopting a Housing Element prior to the January 31, 2023, deadline.

On January 30, 2023, the Town Council adopted the Draft Housing Element with modifications to the Sites Inventory and directed staff to continue to work with the Department of Housing and Community Development (HCD) to resolve additional comments provided during their review.

On February 13, 2023, after the required seven-day review period, the Town submitted the adopted Draft Housing Element to HCD for preliminary review, which consists of a 90-day review.

On March 31, 2023, after the required seven-day review period, the Town submitted the Draft Revised Housing Element, in response to the January 12, 2023, HCD findings/comment letter to HCD for preliminary review.

On April 14, 2023, the Town received HCD’s findings/comment letter on the Draft Revised Housing Element that was submitted to HCD on February 13, 2023.

On May 30, 2023, the Town received an updated findings/comment letter from HCD on the Draft Revised Housing Element that was submitted to HCD on March 31, 2023.

On October 2, 2023, after the seven-day review period, the Town submitted the Draft Revised Housing Element (dated September 2023), in response to the May 30, 2023, HCD findings/comment letter to HCD for review. The documents submitted to HCD can be viewed on the Housing Element update website at: www.losgatosca.gov/HousingElement.

On November 7, 2023, staff and the consultant met with the Town’s HCD reviewer and received preliminary feedback on the Draft Revised Housing Element submitted to HCD on October 2, 2023. A preliminary review matrix of the HCD reviewer’s comments on the Draft Revised Housing Element will be provided to the Planning Commission for the November 15, 2023, Planning Commission meeting in an Addendum Report.

The primary purpose of this agenda item is to ask questions of staff and the Town’s Housing Element consultant on the Revised Draft Housing Element (September 2023), discuss potential modifications to the document based on the preliminary feedback provided by the Town’s HCD

PAGE 3 OF 11
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 10, 2023
BACKGROUND (continued):
reviewer, receive any verbal public comment, and continue the item to a date certain. At the following meeting the Planning Commission will have the opportunity to deliberate further based on additional revisions and make a recommendation to the Town Council on whether to adopt the Draft Revised Housing Element.

DISCUSSION:

This section lists the required components of Housing Element updates per State law, and then provides an expanded discussion of each including a reference to where it is addressed in the Town’s Draft Revised Housing Element, and the areas where additional edits have been made since January 30, 2023.

Required Components of a Housing Element
Pursuant to Government Code Section 65583, local governments are required to include the items below within their Housing Elements, and subsequent updates thereto.

1. Housing Needs Assessment: Examine demographic, employment, housing trends and conditions, and identify existing and projected housing needs of the community, with attention paid to special housing needs (e.g., large families, persons with disabilities). This Section includes a community’s RHNA as determined by a community’s regional planning body in partnership with HCD.

2. Housing Sites Inventory: Identify locations of available sites for housing development or redevelopment to demonstrate there is enough land zoned for housing to meet future need at all income levels.

3. Constraints Analysis: Analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development.

4. Policies and Programs: Establish policies and programs to be carried out during the 2023- 2031 planning period to fulfill the identified housing needs.

5. Affirmatively Furthering Fair Housing (AFFH): Analyze and address significant disparities in housing needs and access to opportunity by proposing housing goals, objectives, and policies that aid in replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

6. Evaluation of Past Performance: Review the prior Housing Element to measure progress in implementing policies and programs.

7. Community Engagement: Implement a robust community engagement program that includes reaching out to individuals and families at all economic levels of the community, plus historically underrepresented groups.

PAGE 4 OF 11
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 10, 2023
DISCUSSION (continued):

Housing Element Requirements
The following sections expand on these major topics covered by the Town’s Housing Element and the work that has been completed since the January 30, 2023, adoption.

A. Housing Needs Assessment
As part of the Housing Element update process the Town is required to analyze the existing and projected housing needs of the Town, including its fair share of RHNA requirements.

The Town’s analysis of housing needs is required to include an assessment of detailed demographic data including: population age, size, and ethnicity; household characteristics; overpayment trends; housing stock conditions; units in need of replacement or rehabilitation; and needs of special needs populations including the elderly, persons with disabilities, unhoused persons, extremely low-income households, and farmworkers.

Utilizing the Housing Needs Data Report provided by ABAG, the 6 th cycle Housing Element
update outlines the Town’s housing needs. Since the January 30, 2023, adoption of the Housing Element, additional data and analysis has been provided by Root Policy Research and Vernonia Tam and Associates, that can be found in Appendix B of the Draft Revised Housing Element.

B. Housing Resources and Sites Inventory
As part of the 6
th cycle Housing Element update, the Town is also required to identify resources available to the Town for the preservation, rehabilitation, and production of housing throughout the community. These resources also include land within the Town of Los Gatos that are identified as eligible for accommodation of the Town’s RHNA requirements. Pursuant to Government Code Section 65583.2(a), the following resources are eligible for accommodation of the Town’s RHNA: vacant sites zoned for residential use; vacant sites zoned for nonresidential use that allows residential development; residentially zoned sites that are capable of being developed at a higher density; or sites zoned for nonresidential use that can be redeveloped for residential use, and for which the Housing Element includes a program to rezone the sites. The Town’s Housing Sites Inventory is summarized in Appendices D and H of the Draft Revised Housing Element.

The Sites Inventory of the Draft Revised Housing Element includes sufficient sites to meet the RHNA requirement in each income category, with a surplus of approximately 57 percent above the remaining RHNA as described in Section B of this report.

Since the January 30, 2023, adoption of the Housing Element, the following modifications have been made to the Sites Inventory of the Draft Revised Housing Element:

PAGE 5 OF 11
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 10, 2023
DISCUSSION (continued):

1. The removal of site A-1 (50 Park Avenue and 61 Montebello Way). The Regional Housing Needs Allocation (RHNA) capacity only accepts net new units. Site A1 has a minimum capacity of five units, whereas there are 11 housing units on-site. Due to the housing capacity resulting in less than the exiting number of units on-site, the site has been removed from the Sites Inventory. This results in a total of 48 sites in the modified Sites Inventory.

2. The income distribution for sites D-3, D-4, and D-5 were modified to place all housing units in the above moderate-income category since each site is less than half an acre and deemed inadequate to accommodate housing for lower-income housing.

3. The net capacity for sites B-1, D-1, D-2, D-3, D-4, D-5, D-6, D-7, and E-1 was reduced by a total of 21 units to account for existing housing units on-site.

4. The Pipeline Projects were reduced from 201 units to 191 units based on the net capacity of existing housing units on-site.

5. The RHNA planning period for the ABAG region started on June 30, 2022. Housing units that were finaled, permitted, or approved after this date, or were under construction as of June 30, 2022, up to January 31, 2023, can be credited toward the RHNA, resulting in a total of 250 housing units. Based on the preliminary feedback provided by the Town’s HCD reviewer on November 7, 2023, staff and the consultant will continue to review this section of the Draft Revised Housing Element.

C. Regional Housing Needs Allocation (RHNA)
In January of 2022, HCD approved ABAG’s adopted Final RHNA Plan for the San Francisco Bay Area: 2023-2031 (Plan) which establishes a total RHNA for the San Francisco Bay Area of 441,176 residential units for the 6th cycle Housing Element update 2023-2031 planning period. ABAG’s Plan further distributes this RHNA across the Bay Area’s nine counties, and 101 cities based on demographic and population data received from the California Department of Finance (DOF). Local jurisdictions must then utilize their ascribed RHNA to update the housing elements of their general plans for the 6th cycle planning period, inclusive of identifying eligible land resources to accommodate their RHNA.

RHNA requirements are organized into four affordability categories, established according to the Area Median Income (AMI) of a geography. These categories include very lowincome residential units, which are affordable to households earning less than 50 percent of AMI; low-income residential units, which are affordable to households earning between 50 percent and 80 percent of AMI; moderate income residential units, which are affordable to households earning between 80 percent and 120 percent of AMI; and above moderateincome residential units which are affordable to households earning over 120 percent of AMI. The Town’s RHNA is summarized below:

PAGE 6 OF 11
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 10, 2023
DISCUSSION (continued):

Town of Los Gatos RHNA
Income Category
5 th Cycle RHNA
(2015-2023)
6 th Cycle RHNA
(2023-2031)
Very Low (less than 50% of AMI) 201 537
Low (50-80% of AMI) 112 310
Moderate (80-120% of AMI) 132 320
Above Moderate (More than 120% of AMI) 174 826
Total 619 1,993
RHNA Credits/Surplus
New “no net loss” provisions of Government Code Section 65863 require the Town to ensure an adequate supply of land be made available for housing development throughout the duration of the 2023-2031 planning period. This means that if housing sites identified within the jurisdictions 6th cycle Housing Element are developed with non-residential uses, lower residential densities, or residential uses at affordability levels that are different than anticipated by the Housing Element, the Town will need to rezone other properties in order to make up the shortfall.

Since the January 30, 2023, adoption of the Housing Element, the Sites Inventory has been revised to reflect RHNA credits for housing units that were finaled, permitted, or approved after this date, or were under construction as of June 30, 2022; ADU projections; Senate Bill 9 projections; and the Pipeline Projects amount to 737 units. The remaining RHNA that needs to be accommodated by the Sites Inventory is 1,256 units, as shown in Table 10-3 in the Draft Revised Housing Element and on the following page.

PAGE 7 OF 11
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 10, 2023
DISCUSSION (continued):

Table 10-3 RHNA Credits and Sites Strategies
RHNA Credit
Affordability Credit
Very LowIncomeLowIncomeModerateIncome
AboveModerate
Income
Total
Entitled/Permitted/Under
Construction/Finaled (June 30, 2022, to
January 31, 2023)
- Single-Family Units and Housing Projects 49 0 2 176 227 - ADUs 0 3 11 9 23
Pipeline Projects 0 1 0 190 191
Projected ADUs (1/1/2023-1/31/2031) 60 60 60 20 200
SB 9 Units 0 0 0 96 96
Total 109 64 73 491 737
RHNA 537 310 320 826 1,993
Remaining RHNA 428 246 247 335 1,256
Housing Element Overlay Zone (HEOZ) Sites 634 357 340 640 1,971 - Owner Interest/Conceptual Development
Plans 480 283 264 320 1,347
- Additional Sites 154 74 76 320 624
Surplus above Remaining RHNA 206 111 93 305 715
% Surplus 48% 45% 38% 91% 57%
Source: Town of Los Gatos, Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update, HCD Draft Revised, September 2023, Clean Copy The Sites Inventory accommodates a net capacity of approximately 1,971 units, a surplus of approximately 57 percent above the remaining RHNA of 1,256 units, which would equal capacity of approximately 715 additional units. These sites, in addition to Accessory Dwelling Units Projections, Senate Bill 9 Projections, and Pipeline Projects have a total, net capacity of 2,708 units. This “cushion” for capacity above the base RHNA number is highly recommended because of the State’s “no net loss” requirements. The “cushion” provides a degree of flexibility for policy makers as they make development decisions. Based on the preliminary feedback provided by the Town’s HCD reviewer on November 7, 2023, staff and the consultant will continue to review this section of the Draft Revised Housing Element.

D. Constraints Analysis
In addition to analyzing the existing and projected housing needs of the Town, the Housing Element must also identify and analyze potential and actual governmental and nongovernmental constraints to the maintenance, improvement, or development of housing for all income levels in the community, regardless of protected class. Since the January 30, 2023, adoption of the Housing Element, additional information and analysis has

PAGE 8 OF 11
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 10, 2023
DISCUSSION (continued):
been provided by Veronica Tam and Associates, that can be found in Appendix C of the Draft Revised Housing Element.

E. Goals, Policies, and Implementation Programs
The Housing Element includes a set of goals, policies, and implementation programs intended to promote the preservation, rehabilitation, and production of housing throughout the Town. Goals are long-range, broad, and comprehensive targets that describe future outcomes the Town desires. A policy is a specific instructional guideline that seeks to promote a goal. Together, goals and policies are implemented through a series of programs that identify specific, quantifiable actions the Town will undertake during the 6th cycle planning period. The Town’s Draft Goals, Policies, and Implementation Programs are summarized in Section 10.6 of the Draft Revised Housing Element. Since the January 30, 2023, adoption of the Housing Element, the Implementation Programs have been reorganized through combining similar programs and removing programs that are required routinely. Additionally, a new Policy and Implementation Program was added that supports local labor, per the direction of the Housing Element Advisory Board (HEAB).

F. Affirmatively Furthering Fair Housing (AFFH)
Assembly Bill (AB) 686, passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing as part of the Housing Element update process. These requirements, found in Government Code Section 8899.50, are intended to address racial inequalities seen today throughout California which developed through historical policies and practices enacted at Federal, State, regional, and local levels and across the public and private sectors. Though many of these explicit forms of historical discrimination have been outlawed, the results of these systems have left a lasting imprint on both the Bay Area region and the Town. Racially explicit practices (e.g., racial covenants) which excluded persons of color from predominately white neighborhoods have been replaced with raceneutral land use policies that continue to exclude these same groups. Furthermore, rapidly increasing housing costs have deepened racial and economic disparity and segregation, displacing many low-income people and people of color to the peripheries of the region or out of the Bay Area all together.

Accordingly, the Town must incorporate fair housing considerations into its 6 th cycle
Housing Element to increase housing opportunities in high resource neighborhoods. The following summarizes the components of the required AFFH component of the Town’s Housing Element and can be found in Appendix A of the Draft Revised Housing Element:

PAGE 9 OF 11
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 10, 2023
DISCUSSION (continued):
• Targeted Community Outreach;
• Assessment of Fair Housing;
• Fair Housing Outreach Capacity and Enforcement;
• Segregation and Integration Patterns;
• Racially and/or Ethnically Concentrated Areas of Poverty (R/ECAPS) and Racially Concentrated Areas of Affluence (RCAA);
• Disparities In Access to Opportunity;
• Sites Inventory Relative to Affirmatively Further Fair Housing; and • Goals, Polices, and Implementation Programs that Affirmatively Further Fair Housing.

Since the January 30, 2023, adoption of the Housing Element, additional maps and analysis, including, but not limited to the distribution of RHNA units by AFFH variables have been added to Appendix A of the Draft Revised Housing Element, as well as an analysis of trends and patterns related to access to transportation on a local and regional level.

G. Evaluation of Past Progress
Pursuant to State Law, the Draft Housing Element summarizes the implementation status of Goals, Policies, and Implementation Programs from the Town’s 5th cycle Housing Element.

Since the January 30, 2023, adoption of the Housing Element, further refinement was made to Appendix E of the Draft Revised Housing Element.

H. Community Engagement
Beginning in the summer of 2021, the Town has conducted a comprehensive community engagement and outreach strategy, as required by Government Code, to inform the 6 th
cycle Housing Element update process. Since the January 30, 2023, adoption of the Housing Element, the Town has continued with community engagement strategies, which have included six HEAB public meetings; a joint study session with the Planning Commission and Town Council on statewide housing laws that apply to applications for housing development projects in the Town; and seven informational booths at the farmer’s market. The Town has a dedicated Housing Element update website which has provided the public information regarding the Housing Element process timeline and engagement opportunities.

Community engagement opportunities have been publicized on the Town’s website, through the Town’s multiple social media platforms and through targeted email updates to the Town’s Notify Me subscriber list for the 2040 General Plan Update and Housing Element update. Announcements have been provided in the local newspaper for all HEAB meetings.

Feedback received throughout the ongoing community engagement and outreach process has assisted staff and the consulting team in preparing the Draft Revised Housing Element.

PAGE 10 OF 11
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 10, 2023
DISCUSSION (continued):

Next Steps
On November 7, 2023, staff and the Housing Element consultant met with the Town’s HCD reviewer and received preliminary feedback on the Draft Revised Housing Element submitted to HCD on October 2, 2023. A preliminary review matrix showing HCD’s preliminary comments will be provided prior to the November 15, 2023, Planning Commission meeting in an Addendum Report.

In parallel with the discussion of the Draft Revised Housing Element tonight, Town staff and the consultant will continue to work on implementing modifications to the Draft Revised Housing Element based on the preliminary feedback that was provided on November 7, 2023. Staff recommends continuing the item to a date certain of November 29, 2023, at which time the Planning Commission will review, deliberate, and make a recommendation to the Town Council on whether to adopt the Draft Revised Housing Element with additional modifications. The Planning Commission’s recommendation on the adoption of the Draft Revised Housing Element is tentatively scheduled for consideration by the Town Council on December 19, 2023.

As required by Assembly Bill 215, the Draft Revised Housing Element must be made available to the public for a seven-day review period prior to resubmittal to HCD. Staff expects to start the seven-day review period on Friday, November 17, 2023, through Monday, November 27, 2023, by 5:00 p.m. The Town expects to receive its comment letter from HCD on the Draft Revised Housing Element by December 1, 2023.

Based on HCD’s review, to be completed by December 1, 2023, it is possible that additional revisions may be needed before HCD would certify the Housing Element. This means that additional Planning Commission and Town Council hearings for adoption of a revised Housing Element may need to be conducted.

ENVIRONMENTAL ASSESSMENT:

An Environmental Analysis was prepared for the Housing Element update. All potentially significant effects have been analyzed adequately in the Town of Los Gatos 2040 General Plan Environmental Impact Report (EIR), pursuant to applicable standards including CEQA Guidelines Section 15168(c)2, because the Housing Element update is consistent with the growth projections evaluated in the General Plan EIR.

PUBLIC COMMENTS:

At the time of this report’s preparation, the Town has not received any public comment.

PAGE 11 OF 11
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 10, 2023
CONCLUSION:

A. Recommendation
Staff recommends that the Planning Commission hold the public hearing, ask questions of staff, and receive any verbal public comment, and continue the item to a date certain of November 29, 2023, for a special meeting to continue the public hearing for any additional public comment, deliberation, and a recommendation to the Town Council.

EXHIBITS:

Previously received (available online at: www.losgatosca.gov/HousingElement):

1. Draft Revised 2023-2031 Housing Element

2. Environmental Analysis

This Page
Intentionally
Left Blank

PREPARED BY: Erin Walters and Jocelyn Shoopman
Associate Planners
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 11/15/2023
ITEM NO: 1

ADDENDUM
DATE: November 14, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider and Make a Recommendation to the Town Council on the Draft Revised 2023-2031 Housing Element. Location: Town-Wide. General Plan Amendment Application GP-22-003.

REMARKS:

Exhibit 3 includes a draft preliminary review matrix provided by the California Department of Housing and Community Development (HCD) with the reviewer’s preliminary comments on the Draft Revised Housing Element as submitted to HCD on October 2, 2023. The draft preliminary review matrix includes the following five columns:
• Prior HCD Finding – This column lists HCD’s comments from the May 30, 2023, findings/comment letter.
• Page # – This column includes page references to the track changes version of the Draft Revised Housing Element from the HCD reviewer.
• Preliminary Review – This column includes a preliminary rating of “Yes” or “No” to indicate if comment has been resolved and no longer prevents certification, with occasional use of “~” to indicate that additional content may be requested. • HCD Notes – This column provides additional details that are being requested by the HCD reviewer when the preliminary determination is other than “Yes.” • Staff Response – This column provides a draft initial response from staff and is expected to be further refined prior to resubmittal to HCD.

In parallel with the discussion of the Draft Revised Housing Element on November 15, 2023, Town staff and the consultant will continue to work on implementing modifications based on the draft preliminary review matrix provided to the Town on November 7, 2023. Staff expects to have the Draft Revised Housing Element with the additional modifications completed for a future special Planning Commission meeting, at which time the Planning Commission will ATTACHMENT 5

PAGE 2 OF 2
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: November 14, 2023
REMARKS (continued):
review, deliberate, and make a recommendation to the Town Council on whether to adopt the Draft Revised Housing Element with additional modifications. The Planning Commission’s recommendation on the adoption of the Draft Revised Housing Element is tentatively scheduled for consideration by the Town Council on December 19, 2023.

EXHIBITS:

Previously received with the November 15, 2023, Staff Report (available online at:
www.losgatosca.gov/HousingElement):

1. Draft Revised 2023-2031 Housing Element

2. Environmental Analysis
Received with this Addendum Report:

3. Draft Preliminary Review Matrix

Page | 1
Draft Preliminary Review Matrix on the Draft Revised
Housing Element, as submitted to HCD on October 2, 2023 Received November 7, 2023, with Staff Responses as of November 14, 2023 Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
Affirmatively Furthering Fair Housing
Regional Level Patterns and Trends: The element
includes some data and analysis regarding different
patterns for various socio-economic characteristics
(race and income). However, a complete analysis
should analyze this data for patterns and trends at
the regional level, comparing the locality to the
broader region, including integration and
segregation (race, income, disability, and familial
status), disparities in access to opportunity
(education, environmental, transportation,
economic), and disproportionate housing needs
(cost burdened, overcrowded, substandard housing
conditions, homelessness, and displacement risks).

Please see HCD's January 12, 2023 review for
additional information.

HCD Prior Review: While the element includes
several maps and tables and reports data, it
generally must evaluate the data and especially at a
regional level, comparing the Town to the broader
region. This is particularly important since the Town
appears far different from the rest of the region. The
analysis should address all components of the
assessment of fair housing (e.g., segregation and
integration, disparities in access to opportunity) and
should focus on race, income, and overall access to
opportunity). The analysis should address trends and
incorporate local data and knowledge and other
relevant factors (See below).

A35 Y~ Should be some discussion of
trends whether it’s at an
aggregate level with maps and
data tables.

Additional maps and data of the population by
protected class at a local and regional level
comparison was provided starting on page A-35
through page A-62 of the Draft Revised Housing
Element (September 2023) track change
version.

Additional maps and data related to disparities
in access to opportunity at a local and regional
level comparison was provided starting on page
A-68 through A-100 of the Draft Revised
Housing Element (September 2023) track
change version.

Additional data and maps related to
disproportionate housing needs at a local and
regional level comparison was provided starting
on page A-101 through A-159 of the Draft
Revised Housing Element (September 2023)
track change version.

Work is in progress by staff and the consultant
to include discussion on the trends identified
through the analysis.

EXHIBIT 3 Page 1515
Page | 2
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
Income and Racial Concentration of Affluence
(RCAA): The element states that a RCAA does not
exist; however, the Town is predominantly a high
resource category according to TCAC/HCD
Opportunity Maps and is predominantly higher
income. These patterns differ from the surrounding
region and the element should include specific
analysis of the Town compared to the region and
should formulate policies and programs to promote
an inclusive community. For example, the Town
should consider additional actions (not limited to
the Regional Housing Needs Allocation (RHNA)) to
promote housing mobility and improve new housing
opportunities throughout the Town.

A63
A150
No The element now includes
actions to promote an
inclusive community;
however, the element must
provide specific analysis of
income and RCAA at a regional
level (town compared to the
broader region). The analysis
should at least address trends,
conditions, coincidence with
other fair housing factors
(e.g., race, highest resource,
overpayment), effectiveness
or absence of past strategies
(e.g., lack of publicly assisted
housing and lack of
multifamily zoning), local data
and knowledge and other
relevant factors. Please see
Los Altos Hills as examples.

Additional analysis, data, and maps describing
that all census tracts in the Town are
considered to be Racially Concentrated Areas
of Affluence (RCAA) was provided on page A-65
through A-67 and page A-151 through A-152 of
the Draft Revised Housing Element (September
2023) track change version.

Work is in progress by staff and the consultant
to include additional information related to the
outcome of the analysis.

Disparities in Access to Opportunity: While the
element was revised to include the distances
between public schools for each site to a public
transit line, it must also evaluate and compare
concentrations of protected groups with access to
transportation options. In addition, it must also
analyze any disproportionate transportation needs
for members of protected classes.

A76
A89
Yes
Identified Sites and Affirmatively Furthering Fair
Housing (AFFH): While the element was revised with
brief conclusions that identified sites do not
exacerbate fair housing conditions, it must also
quantify the number of units by income group and
location then evaluate the impact on socioA144
- 163
Yes

Page | 3
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
economic concentrations. Please see HCD's January
12, 2023 review for additional information.

HCD Prior: The element must include data on the
location of regional housing need allocation (RHNA)
sites by income group relative to all fair housing
components. The analysis should address the number
of units by income group and location, any isolation
of the RHNA by income group, magnitude of the
impact on existing concentrations of socio- economic
characteristics and discuss how the sites improve fair
housing conditions. The analysis should be supported
by local data and knowledge and other relevant
factors and programs should be added or modified as
appropriate to promote inclusive and equitable
communities.

Local Data, Knowledge and Other Relevant Factors:

The element included some information about
regional history, referenced stakeholder comments
and discussed the location of assisted projects and
housing choice vouchers. However, the element
needs to provide information and analysis that
relates, supports, or supplements the existing
analysis, fair housing conclusions, or contributing
factors. The element must consider other relevant
factors that have contributed to certain fair housing
conditions. This analysis must consider information
that is unique to the Town or region; such as
governmental and nongovernmental actions;
historical land use and zoning practices (e.g., past
redlining/Greenlining, restrictive covenants,
planning documents, etc.); disparities in investment
to specific communities including transportation
investments; seeking investment or lack thereof to
promote affordability and inclusion; local initiatives, A4
A14
No~ The city can utilize staff
knowledge and reach out to
service providers for local
data.

Local knowledge and history were added on
page A-14 through A-15 of the Draft Revised
Housing Element (September 2023) track
change version.

Work is in progress by staff and the consultant
to include additional information related to
feedback provided by local service providers.

Page | 4
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
or other information that may have impeded
housing choices and mobility.

Contributing Factors to Fair Housing Issues: The
element identifies contributing factors to fair
housing issues. However, these issues and goals do
not appear adequate to facilitate the formulation of
meaningful actions to AFFH. The element should reassess contributing factors upon completion of analysis and make revisions as appropriate. In
addition, the element must prioritize these factors
to better formulate policies and programs and carry
out meaningful actions to AFFH.

A16 TBD Dependent upon complete
analysis.

Analysis of the Town’s contributing factors with
a priority rating were added on page A-16
through A-19 of the Draft Revised Housing
Element (September 2023) track change
version.

Work is in progress by staff and the consultant
to include additional information, as requested
by HCD.

Housing Needs Assessment
Housing Conditions: The element discusses code
enforcement violations; however, it must also
provide a Town-wide estimate of the number of
units in need of rehabilitation and replacement.

B25 Yes
Special Housing Needs: The element was not revised
to address this finding. Please see HCD's January 12,
2023 review for additional information.

HCD Prior Review: While the element quantifies
some of the Town’s special needs populations, it
must also estimate the number of persons
experiencing homelessness in the Town. In addition,
the element reports data but must also analyze the
special housing needs. For a complete analysis of
each population group, the element should quantify
the needs, evaluate trends and characteristics (e.g.,
tenure, income) of housing needs, discuss
disproportionate challenges faced by the
population, the existing resources to meet those
needs, assess any gaps in resources or effectiveness
of past strategies, describe the magnitude of the
B40+
C57
~ Commercial Industrial (LM)
will permit ES by right;
however, program should go
beyond reviewing town code
and make amendments as
necessary to align with all
state requirements.

Analysis of the Town’s compliance with
Assembly Bill 2339 for emergency shelters was
added on page C-57 of the Draft Revised
Housing Element (September 2023) track
change version.

Program AP of the Draft Revised Housing
Element (September 2023) includes
Implementation Program AP which outlines
amendments to the Town Code to better
facilitate the provision of a variety of housing
types, prioritize special needs housing by
allowing for reduced processing times and
streamlined procedures, and include
preferential handling of special needs
populations in management plans and
regulatory agreements of funded projects.

Page | 5
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
remaining need and appropriate propose policies
and programs.

Work is in progress by staff and the consultant
to clarify that the Town will comply with State
requirements for emergency shelters.

Sites Inventory, Analysis and Adequate Sites
Realistic Capacity: While the element now clarifies
that minimum densities are utilized toward the
calculation of realistic capacity; it must still address HCD’s prior finding regarding the likelihood for 100
percent nonresidential development in zones
allowing 100 percent nonresidential uses. Please see
HCDs prior review for additional information.

HCD Prior Review: The element must include a
methodology for calculating the realistic residential
capacity of identified sites. The methodology must
be adjusted as necessary, based on the land use
controls and site improvements and typical densities
of existing or approved residential developments at
a similar affordability level in that jurisdiction. For example, the element could clearly list other recent
projects, the zone, acreage, built density, allowable
density, level of affordability and presence of
exceptions such as a density bonus.

D2-
D5
D13
No Program BH must clarify by
right definition for reuse sites.

Program AS of the Draft Revised Housing
Element (September 2023) identifies the reuse
sites included in the 6
th cycle Housing Element.

Work is in progress by staff and the consultant
to include the definition of by right
development in Program AS.

Nonvacant Sites: The element was not revised to
address this finding. Please see HCD's January 12,
2023 review for additional information.

In addition, specific analysis and actions are
necessary if the housing element relies upon
nonvacant sites to accommodate more than 50
percent of the RHNA for lower-income households.

For your information, the housing element must
demonstrate existing uses are not an impediment to
additional residential development and will likely
discontinue in the planning period. (Gov. Code, §
D5 Yes~ Utilizes factors: ILV, FAR, Age
(40 years), # of stories.

A nonvacant capacity analysis was provided on
page D-5 through D-13 of the Draft Revised
Housing Element (September 2023) track
change version. The characteristics of existing
uses (age, floor area ratio, improvement-toland value, single vs. multi-story), and whether such characteristics are conducive to future
redevelopment were all included in the
analysis.

Page | 6
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
65583.2, subd. (g)(2).) Absent findings (e.g.,
adoption resolution) based on substantial evidence,
the existing uses will be presumed to impede
additional residential development and will not be
utilized toward demonstrating adequate sites to
accommodate the RHNA.

HCD Prior Review: The element must include an
analysis demonstrating the potential for additional
development on nonvacant sites. The element
generally provides a description of the properties
like location and whether the property owner
submitted an interest form but does not describe
the results of the form or why the property might
redevelop in the planning period. To address this
requirement, the element should address the extent
to which existing uses may constitute an
impediment to additional residential development,
the Town’s past experience with converting existing
uses to higher density residential development, the
current market demand for the existing use, an
analysis of any existing leases or other contracts that would perpetuate the existing use or prevent
redevelopment of the site for additional residential
development, development trends, market
conditions, and regulatory or other incentives or
standards to encourage additional residential
development on these sites.

Work is in progress by staff and the consultant
to clarify and/or provide additional information
related to the nonvacant capacity analysis.

Small Sites: The element was not revised to address
this finding. Please see HCD's January 12, 2023
review for additional information.

HCD Prior Review: The element identifies several
sites smaller than a half-acre. Sites smaller than a
half-acre in size are deemed inadequate to
accommodate housing for lower-income housing
unless it is demonstrated that sites of equivalent
?
Elec.

SI
No No revisions made? The income distribution for sites D-3, D-4, and D-7 were modified as part of Appendix H to
place all housing units in the above moderateincome category since each parcel is less than half an acre and deemed inadequate to
accommodate housing for lower-income
housing.

Page | 7
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
size and affordability were successfully developed
during the prior planning period or other evidence
demonstrates the suitability of the sites to
accommodate housing for lower-income
households, including programs as appropriate.

Sites B-1, C-2, D-1, and D-5 are each composed
of multiple parcels. The parcels that are less
than half an acre in size within each site are
identified below in underlined text; however,
since they are owned by the same property
owner, they have been consolidated in the
Sites Inventory based on anticipated future
development as one, merged site.
▪ Site B-1: APN’s 52924032, 52924001, and
52924003;
▪ Site C-2: APN’s 42419049, 42419048, and
42419069;
▪ Site D-1: APN’s 42407094, 42407095,
42407053, 42407009, 42407081, 42407115,
and 42407116; and
▪ Site D-5: APN’s 42407054 and 42407063.

Work is in progress by staff and the consultant
to clarify that the aforementioned sites are
small parcels, not small sites.

SB 9 Sites: The element is projecting 96 units that
will be developed based on the passage of SB 9
(Statutes of 2021) to accommodate a portion of its
above moderate-income RHNA. To utilize
projections based on SB 9 legislation, the element
must; 1) include a site-specific inventory of sites
where SB 9 projections are being applied; 2) include
a nonvacant sites analysis demonstrating the
likelihood of redevelopment and that the existing
use will not constitute as an impediment for
additional residential use. The element should list
the four two-unit housing development applications
and the seven urban lot splits, and the two
development requests on single-family residential
zoned parcels; and Program BL should be revised to
implement significant incentives to encourage and
C50
D66
No Element was revised to
include factors utilized such as
age, ILV, and lot coverage;
however, should relate to site
inventory specific for Sb 9
projects, including all four two
unit housing development
applications, and seven urban
lot requests. In addition, the
element must discuss trends
and likelihood of
redevelopment. For example,
the town can identify on a site
specific analysis owner
interest, existing use, and
other conditions of the
A Senate Bill 9 analysis, including identifying
the number of parcels in Town that qualify for a
lot split was provided on page D-66 of the Draft
Revised Housing Element (September 2023)
track change version.

Work is in progress by staff and the consultant
to provide more site specifics for Senate Bill 9
projects.

Page | 8
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
facilitate development. Please see HCD's January 12,
2023 review for additional information.

HCD Prior Review: The element identifies SB 9 as a
strategy to accommodate the part of the Town’s
RHNA. To support these assumptions, the analysis
must include experience, trends and market
conditions that allow lot splits. The analysis must
also include a nonvacant sites analysis
demonstrating the affordability, likelihood of
redevelopment and the existing use will not
constitute as an impediment for additional
residential use. The analysis should describe how
the Town determined eligible properties, whether
the assumed lots will have turnover, if the
properties are easy to subdivide, and the condition
of the existing structures or other relevant factors
indicating additional development potential. The
analysis should also describe interest from property
owners as well as experience. The analysis should
provide support for the assumption of eligible
properties being developed within the planning
period. Based on the outcomes of this analysis, the
element should add or modify programs to establish
zoning and development standards early in the
planning period and implement incentives to
encourage and facilitate development as well as
monitor development every two years with and
identify additional sites within six months if
assumptions are not being met. The element should
support this analysis with local information such as
local developer or owner interest to utilize zoning
and incentives established through SB 9.
existing infrastructure or
relevant factors indicating
additional development.

Please see HCDs prior review.

See the town of Ross as
example.

Zoning for a Variety of Housing Types
(Manufactured Housing): The element was not
C15
No
Include program to comply
with gov code 65852.3.

Narrative describing that manufactured
housing is permitted by-right on all residentially
zoned parcels was included on page C-14 of the

Page | 9
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
revised to address this finding. Please see HCD's
January 12, 2023 review for additional information.

HCD Prior Review: The element must demonstrate
zoning permits manufactured housing on a
permanent foundation in the same manner and in
the same zone as a conventional or stick-built
structures are permitted (Government Code Section
65852.3) or add or modify programs as appropriate.

Draft Revised Housing Element (September
2023) track change version.

Work is in progress by staff and the consultant
to include a new Implementation Program that
states that the Town will comply with
Government Code Section 65852.3 related to
manufactured housing.

Governmental Constraints
Land Use Controls: The element now lists
development standards by zoning district. However,
it must also list and evaluate development standards
for the North Forty Specific Plan, Mixed-Use
Commercial, and the High-Density Residential zones.

Please see HCD's January 12, 2023 review for
additional information
HCD Prior Review: The element must identify and
analyze all relevant land use controls impacts as
potential constraints on a variety of housing types.

For example, the element should analyze all
development standards by zoning district for
impacts on housing costs and ability to achieve
maximum densities. The element should also discuss
any local initiatives, referendums, moratoriums or
other mechanisms (existing or proposed) that
impact housing supply, cost, feasibility, timing and
ability to achieve maximum densities. In addition,
the analysis should specifically address the
development standards in the North Forty Specific
Plan, Mixed Use Commercial, and the High-Density
Residential zone. The analysis must evaluate the
cumulative impacts of land use controls on the cost
C3
C6
D2
~ Medium and High Density
Residential would be based on
the underlying zone in the
2020 GP?
An evaluation of the North Forty Specific Plan
residential development standards was
provided on page C-6 of the Draft Revised
Housing Element (September 2023) track
change version. Development standards for
residential and commercial development were
provided in Table C-1 on page C-5 of the Draft
Revised Housing Element (September 2023)
track change version.

Work is in progress by staff and the consultant
to describe the residential development
standards for the mixed-use and high-density
residential land use designations.

Page | 10
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
and supply of housing, including the ability to
achieve maximum densities. The Town could engage
the development community to assist with this
analysis.

Fees and Exaction: The element now compares total
fees as a proportion of the total development costs
but still must list the fees that comprise that total
and particularly impact fees then evaluate those
total fees for impacts on development costs.

C19
C36
No Revise to include MU unit
project Table C-4, but should
also list fees for MF projects.

A table summarizing the development and
permit fees required for a single-family and
mixed-use development were provided in Table
C-4 on page C-20 of the Draft Revised Housing
Element (September 2023) track change
version.

Work is in progress by staff and the consultant
to modify the table to include the development
and permit fees for a multi-family project.

Local Processing and Permit Procedures: While the
element provides additional information on the
processing of a typical market rate single or multifamily housing application, it mentions approval is required by the Development Review Committee
(DRC) (p. C-29). The element must describe and
analyze the DRC process, identify and evaluate
approval findings for impacts on housing cost and
approval certainty.

C37
C44
Yes~ All CUP approval findings
should be based on objective
design standards to promote
certainty.

The findings for a housing project which
requires a Conditional Use Permit (CUP) was
provided on page C-48 of the Draft Revised
Housing Element (September 2023) track
change version.

Work is in progress by staff and the consultant
to provide additional narrative describing the
CUP findings based on objective design
standards.

Housing for Persons with Disabilities: The prior
review found the Town’s reasonable
accommodation procedure contains constraints. For
example, subjective language in approval findings
such as “no impact on surrounding uses” can lead to
uncertainty of project approval through a
discretionary process. In response, the Town
commits Program BC to revise subjective language
criteria to “minimal impact on surround uses” (p. C38). However, reasonable accommodation is a unique exception process that should not contain
findings similar to a conditional use permit. Program
10-
53 C47
No Program V.

See suggested language in
blue below.

Implementation Program V on page 10-53 of
the Draft Revised Housing Element (September
2023) track change version includes language
to review the Reasonable Accommodation
procedure on an annual basis.

Work is in progress by staff and the consultant
to modify the language of Implementation
Program V to include the suggested language
by HCD.

Page | 11
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
BC should be revised to specifically remove the
surrounding uses finding.

Inclusionary Zoning Ordinance: While the element
now discusses alternatives for meeting the Town’s
inclusionary requirements, it should still describe
incentives, including relationships with state density
bonus law and how the level of affordability is
determined.

C53 Yes
Housing Programs: Beneficial Impact
Programs must demonstrate that they will have a
beneficial impact within the planning period.

Beneficial impact means specific commitment to
deliverables, measurable metrics or objectives,
definitive deadlines, dates, or benchmarks for
implementation. Deliverables should occur early in
the planning period to ensure actual housing
outcomes. The following programs still must be
revised to include specific commitments and
definitive timelines as follows:

Program M (Lot Consolidation): While the program
was revised to facilitate four units through the lot
consolidation process, it should increase the
numerical objective in stride with the need. Specially
as the Town is relying on several small sites to
accommodate a portion of lower income RHNA.
10-
45 No Metrics should not be limited
to RHNA.

Implementation Program K on page 10-45 of
the Draft Revised Housing Element (September
2023) track change version describes outreach
by the Town to property owners to facilitate lot
consolidation, including an amendment to the
Town Code for development incentives to
encourage the parcel merger process in a
streamlined and timely manner.

Work is in progress by staff and the consultant
to modify the metrics and increase the
numerical objective of Implementation
Program K.

Program S (Affordable Housing Development): The
program should increase the numerical objective to
target meaningful outcomes during the planning
period.
10-
48 No Program O must be revised to
include a timeline when
development impact fees will
be reduced.

Implementation Program O on page 10-48 of
the Draft Revised Housing Element (September
2023) track change version describes incentives
for affordable housing development.

Work is in progress by staff and the consultant
to revise the expected timeline of when
development impact fees will be reduced as
part of this program.

Page | 12
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
Program T (Purchase Affordability Covenants in
Existing Apartments): The element should revise the
timeline earlier in the planning period to target a
beneficial impact (e.g., by 2026).
10-
49 Yes Program P. Implementation Program T on page 10-49 of the Draft Revised Housing Element (September
2023) track change version describes a program
for the Town to purchase affordability
covenants.

Work is in progress by staff and the consultant
to revise the expected timeline to be earlier in
the planning period.

Program BM (Story Poles and Netting Policy): The
program now commits to review the story pole and
netting policy and explore options to reduce costs
affordable housing. However, the program still must
commit to an actual outcome, beyond exploring
options. In addition, the program should also
establish alternatives or modifications that promote
approval certainty. For example, the program could
remove the requirements or create alternative for
meeting the requirement such as visual renderings.
10-
69 C36
No Program AW must be revised
to include specific
commitment to amend story
poles and netting policy. In
addition, the City should
consider public comments
submitted by developer.

Implementation Program AW on page 10-69 of
the Draft Revised Housing Element (September
2023) track change version describes that the
Story Pole and Netting Policy will be reviewed
to reduce the associated costs of installing
story poles.

Work is in progress by staff and the consultant
to revise the program to include relevant
information regarding the status of this
progress by the Planning Commission and Town
Council, as well as public comments that have
been submitted.

Housing Programs: Sites
As noted in Finding A3, the element does not include
a complete site analysis; therefore, the adequacy of
sites and zoning were not established. Based on the
results of a complete sites inventory and analysis,
the Town may need to add or revise programs to
address a shortfall of sites or zoning available to
encourage a variety of housing types.

As noted in the prior review, if necessary to make
appropriate zoning available to accommodate the
lower-income RHNA, Program D (Additional Housing
Capacity) must be revised to meet all requirements
pursuant to Government Code section 65583.2,
10-
42 No Program D+.

Program AR must comply with
prior identified sites pursuant
to gov code 65583.2 c) to
make prior identified sites
available, if necessary.

Program AS of the Draft Revised Housing
Element (September 2023) identifies the reuse
sites included in the 6th cycle Housing Element.

Work is in progress by staff and the consultant
to include the definition of by right
development in Program AS, consistent with
Program D.

Page | 13
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
subdivisions (h) and (i). For example, the Program
must commit to permit owner-occupied and rental
multifamily uses by-right (without discretionary
action) for developments in which 20 percent or
more of the units are affordable to lower-income
households.

Housing Program: Constraints
As noted in Finding A4, the element requires a
complete analysis of potential governmental
constraints. Depending upon the results of that
analysis, the Town may need to revise or add
programs and address and remove or mitigate any
identified constraints.

TBD Depends on a complete
analysis.

Governmental constraints are identified and
analyzed in Appendix C, starting on page C-1 of
the Draft Revised Housing Element (September
2023).

Work is in progress by staff and the consultant
to determine if additional analysis is required.

Housing Program: AFFH
As noted in Finding A1, the element requires a
complete AFFH analysis. Depending upon the results
of that analysis, the Town may need to revise or add
programs. Actions listed to address AFFH analysis
must have specific commitments, milestones,
geographic targeting and metrics or numerical
targets and, as appropriate; address housing
mobility enhancement; new housing choices and
affordability in higher opportunity or higher income
areas; place-based strategies for community
revitalization and displacement protection. For
example, the element must add significant and
meaningful housing mobility actions to overcome
the existing patterns in the Town related to the
broader region. Given, among other things, the
Town is entirely in the highest category of disparities in access to opportunity and largely does not reflect
the socio-economic characteristics of the broader
region. The element must include significant actions
No Following a complete analysis,
the town must revise to
include robust suit of actions
that provide stronger housing
mobility programs beyond
RHNA.

An Affirmatively Furthering Fair Housing (AFFH)
report and analysis of the Town and at a
regional level is provided in Appendix A,
starting on page A-1 of the Draft Revised
Housing Element (September 2023).

Work is in progress by staff and the consultant
to determine if additional analysis is required
that would result in actions to provide stronger
housing mobility programs.

Page | 14
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
to promote housing mobility within the Town and
relate to the region to promote an overall inclusive
community. The element could consider improving
existing programs or including new programs.

Housing Program: ADU
Program U Accessory Dwelling Units (ADU): While
the program now commits to annually monitor the
production and affordability of ADUs and make
adjustments. It should clarify the types of
adjustments that will be considered such as
rezoning, additional incentives, fee reductions,
financing programs.
10-
50 No Program Q. The city must
include a definitive timeline of
when alternative actions will
be taken. See suggested
language in blue.

Implementation Program Q on page 10-49 of
the Draft Revised Housing Element (September
2023) track change version describes multiple
Town efforts to encourage the creation of
Accessory Dwelling Units (ADU).

Work is in progress by staff and the consultant
to modify the language of Implementation
Program Q to include the suggested language
by HCD.

Other Revisions
Quantified Objectives: The element now includes
quantified objectives for new construction and
rehabilitation by income group but should also
include conservation objectives. Please note,
conservation objectives are not limited to at-risk
preservation and may include a variety of activities
that promote safe and stable housing such as code
enforcement and tenant protections. Examples of
programs that may be utilized include Programs T
(Purchase Affordability Covenants in Existing
Apartments), AE (Rental Dispute Resolution), AF
(Rental Assistance), AH (Stabilize Rents) and AQ
(Rental Housing Conservation).
10-
34 Yes Revised objectives.

Public Participation: While the element was revised
to include the renters survey results and previous
outreach conducted, it must also summarize all
public comments and describe how they were
considered and incorporated into the element.
10-
10 App I
and
~/No How were comments
submitted by Erick Phillips
7/31/23 addressed?
Appendix I was added to the Draft Revised
Housing Element (September 2023) including
all verbal and written public comments that
have been provided to the Town.

Page | 15
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
HCD’s future review will consider the extent to
which the revised element documents how the
Town solicited, considered, and addressed public
comments in the element. The Towns consideration
of public comments must not be limited by HCD’s
findings in this review letter. Please see HCD’s prior
review for additional information.

App
G
Work is in progress by staff and the consultant
to respond in Appendix I to the public comment
submitted by Eric Phillips.

General Plan: While the element identifies Program
BG (General Plan Amendment) to ensure
consistency with the General Plan, it should discuss
how consistency will be maintained throughout the
entire planning period.
10-
67 Yes Program AQ.

Other (HCD use only)
Public comments App
A
? 5 public comments submitted:

Anne Paulson, Phil Koen (2),
Maryknol, Eric Phillips.

Appendix I was added to the Draft Revised
Housing Element (September 2023) including
all verbal and written public comments that
have been provided to the Town.

Work is in progress by staff and the consultant
to further respond to the public comments
referred to by HCD.

Pipeline Projects D 68 ? Table D-7 pipeline projects
included in previous years
APRs? Need confirmation of
DOF.

On page D-68 of the Draft Revised Housing
Element (September 2023) track change
version, table D-7 was added to include housing
units that were entitled, permitted, under
construction, and finaled from June 30, 2022,
to January 31, 2023.

Work is in progress by staff and the consultant
to clarify whether the units were reported to
the California Department of Finance.

Document availability Yes
Rezone timing FYI
Resolution Received? NA
50% nonvacant resolution FYI
Electronic sites inventory FYI

Page | 16
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
AB 2339 C57
Overlay No HE Overlay Program AQ. The rezonings and creation of the Housing Element Overlay Zone (HEOZ) has been
recommended by Planning Commission and
introduced by Town Council.

Modification Authority NA
Suggested Program Language (in Blue)
Program Q: Annually monitor number of ADU’s/ JADUs produced, and affordability levels and make adjustments to accommodate a potential shortfall if determined necessary (i.e. adopt additional incentives or other strategies such as rezoning) Timing: Timeframe: Annually monitor the production and affordability and if necessary, make potential adjustments within six months.

Program V: Reasonable Accommodation procedure. Review and revise the Reasonable Accommodation procedure to promote access to housing for persons with disabilities, address potential constraints including subjective approval findings such as “impact on surrounding uses.” Timing: Review and Revise RA by December 2024. Annually review and, if necessary, revise the reasonable accommodations procedures.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Jeffrey Barnett, Chair
Steve Raspe, Vice Chair
Susan Burnett
Melanie Hanssen
Kathryn Janoff
Emily Thomas
Town Manager: Laurel Prevetti
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 6

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
P R O C E E D I N G S:

CHAIR BARNETT: Under Verbal Communications, we’re
having the public speak only on our Agenda Item 1 tonight in which we are asked to consider and make a recommendation to the Town Council on the Draft Revised 2023-2031 Housing Element. Location is Town-wide, General Plan Amendment
Application is GP-22-003, and we’ll start with a request to Staff for a presentation.

ERIN WALTERS: Good evening. The primary purpose
of this item this evening is to ask questions of Staff and the Town’s housing consultant, Veronica Tam, who is
available on Zoom this evening, on the revised Draft
Housing Element that was submitted to HCD on October 2nd.

Then also to discuss potential modifications based on the preliminary feedback that was provided by the Town’s HCD reviewer and provided in the addendum report.

In parallel with this discussion this evening
Town Staff and the consultant continue to work on
implementing the modifications based on the preliminary draft comments and matrix that also is provided in the
addendum.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
Staff expects to have the Draft Revised Housing
Element and additional modifications completed for a future special Planning Commission, which at that time the
Planning Commission will review, deliberate, and make
recommendations to Town Council on whether to adopt the Draft Revised Housing Element with additional
modifications.

As required by Assembly Bill 215 the Draft
Revised Housing Element must be available to the public for a seven-day review period prior to resubmittal to HCD.

Staff does expect this seven-day period to start on Friday, November 17th, and it will run through Monday, November 27th.

The Town expects to receive a comment letter from HCD on the Draft Revised Housing Element on December 1st.

That completes Staff’s presentation. We are
available for questions, and as I stated, the Town’s
housing consultant, Veronica Tam, is available for
questions as well. Thank you.

CHAIR BARNETT: Thank you for that, Ms. Walters,
and I wanted to commence the meeting by thanking the Staff and the consultant for their hard work on this difficult project.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
I’m going to begin by asking Staff to provide us
some guidance regarding the method of proceeding with the meeting tonight. Thank you.

JENNIFER ARMER: Thank you for that question,
Chair.

As presented by the project planner, the intent
of this evening’s meeting really is going to be to discuss the Housing Element, ask questions of Staff and the
consultant, and hear public comment.

Because we did receive those preliminary comments
from HCD last week and are in the process of putting
together some revisions in response, we do recommend that today’s discussion really be a discussion and asking
questions, that a future meeting would be the time then to go through how the Town is responding to each of those
questions one at a time, so it wouldn’t necessarily be the organized kind of topic-by-topic discussion that, for
example, the Housing Element Advisory Board has had in the past when we were looking at responses to comments from the State.

Hopefully that is helpful for understanding the
purpose of the meeting, but we’d be happy to answer any more questions.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
5 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
CHAIR BARNETT: Thank you. Are there any
questions of Staff by Commissioners at this time?
Commissioner Hanssen.

COMMISSIONER HANSSEN: I understand that we’re
supposed to be talking about the topics in the Housing
Element, but I did have a general question about timing, and I did receive the letter that we received from the Town Attorney trying to explain this whole timing thing.

I understand HCD is going to respond formerly on
December 1st and that this is sort of an evolving document in that you already met with them in the preliminary
review, you’re making some changes, but they’re going to issue their full review on December 1st.

I’m just trying to understand what the urgency is
of the Planning Commission meeting again on the 29th when it’s two days later that we would know exactly where we stand with HCD in terms of their view versus doing it
after.

JENNIFER ARMER: Thank you for that question. The
direction that Staff has been given is to try to make sure that the Housing Element is available to Town Council as soon as possible for them to consider it, and one of the things that are required prior to that is for the Planning Commission to make a recommendation.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
6 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
The thought behind Staff’s recommendation that
the second special meeting of the Planning Commission be on the 29th is that we will have, with the assistance of our consultant, prepared responses to these preliminary, kind of interim comments. As you could see in that chart a lot of the previous comments have already been addressed, and so this has given us a kind of interim option to respond to the remaining outstanding issues as identified by the
preliminary comments.

Our goal is to be able to provide a revised draft
that is substantially in conformance and fully responding to those outstanding issues, while also giving you an
opportunity to make a recommendation the Town Council can then review. If there were significant additional comments that were still outstanding, it might be that we would
return to Planning Commission to review another draft if needed. This goal really was just to move it forward as quickly as we could.

COMMISSIONER HANSSEN: So Staff feels confident
with the revisions that you’re making that we should be largely there when we meet again on the 29th?
JENNIFER ARMER: Correct.

COMMISSIONER HANSSEN: Otherwise we will push it
out. If you don’t mind, Chair, one more follow up question.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
Playing devil’s advocate on this, back in January
the Planning Commission made a communication to adopt the Housing Element as it stood then, and so what are we doing on top of that? Since we’ve already made a recommendation to adopt it, what are we doing now? Adopting this version of it? I would like to clearly understand the timeline.

JENNIFER ARMER: Thank you. The discussion
tonight will be of the current draft, but we would be
coming back recommending that the Planning Commission
consider and make a recommendation on a slightly revised draft in the hope that that gets it very close to whatever the final version the State says can be certified.

It may be that the Town Attorney has something to
add to that as well.

ATTORNEY WHELAN: It’s very similar, but
ultimately we’re looking for a recommendation to the Town Council to adopt and amended the Housing Element, and so in a nutshell that’s what Staff is recommending.

COMMISSIONER HANSSEN: That’s what I was looking
for. So it’s the amended Housing Element, okay.

CHAIR BARNETT: Other questions at this time from
Commissioners? Otherwise, we’ll open the public portion of the meeting and ask if members of the public wish to speak

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
8 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
on Agenda Item 1 for up to three minutes? I don’t have any cards, but you’re welcome to come forward, please.

JIM ZANARDI: My name is Jim Zanardi; I’ve been a
resident in Los Gatos my whole life, 74 years. I have just a couple of questions.

According to what I’ve read, the Town of Los
Gatos is above the State requirements in the RHNA numbers of 1,993 and a buffer of 15%. Right now we have 2,700 units with a buffer of 57%. Councilman Hudes in November brought up a question about removing 322 units, Alberto Way, Los Gatos Lodge, etc., from the inventory. By removing these sites we would bring our buffer down from 57% to 48%. It looks to me like we could even remove more sites. The fact is we can always add additional sites, therefore why add more units now for our town to bear? Once you put them on, you can’t take them off. Why not put them on as you need them? Common sense says why not do that?
The second question is a big concern regarding
environmental studies for any additional sites. Will this be done?
What I’ve been reading is California has been
losing 250,000 to 350,000 people a year leaving the State.

What are we doing building so many houses throughout the State? It doesn’t make any sense. Common sense would say we

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
9 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
don’t need the housing. What are we going to do, sell them to the homeless? I don’t think so. They’re not going to be able to afford any of these, so who is going to be in these houses if people are leaving the State? It doesn’t make any sense, not zero. That’s all I have to say. Thank you.

CHAIR BARNETT: Thank you for the comments. Let’s
see if any Commissioners have questions for you. I am not seeing any. Thank you for coming down and presenting your comments. Ms. Quintana, whenever you’re ready.

LEE QUINTANA: Thank you. Before I make a
statement, I want to ask a question. Since there’s going to be new information provided at the next Planning Commission meeting, will the public be able to comment even if they commented today?
ATTORNEY WHELAN: Yes.

LEE QUINTANA: Thank you. The only comment I’m
going to make today is based on the question of is it
better to have an oversupply of identified sites, or
eliminate sites and then in the end probably have to add sites? The question I have is that if sites need to be
added, does that mean that the whole process of going
through HDC is initiated again, or if we have sufficient buffer sites, then that process will not be necessary and it will be a faster, smoother process overall?

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
10 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
Can I add that I would like Staff to answer that
question, or through the Commission answer that question, now.

CHAIR BARNETT: I think that’s appropriate, and
maybe we can answer Mr. Zanardi’s question as well.

ERIN WALTERS: We’re going to wait until the
housing consultant rejoins us on Zoom to answer that
question.

CHAIR BARNETT: When is that expected?
JENNIFER ARMER: It looks like there may be some
issues with Zoom with things connecting, so she is working to reconnect; she dropped off for a moment.

JOEL PAULSON: Through the Chair, we might as
well see if there are any other public comments, and then we can close the public hearing and come back to answer those questions.

CHAIR BARNETT: Right, so does anyone who is
present here wish to be heard on the Agenda Item 1? I don’t see any. Do we have anyone on Zoom?
JOEL PAULSON: Thank you, Chair. If you’re
interested in speaking on this item, please raise your hand if you’re on Zoom. There are no hands raised, Chair.

CHAIR BARNETT: Thank you. I’ll now invite
discussion by the Commissioners on Agenda Item 1, keeping

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
11 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
in mind Staff’s suggestion as to the scope of our remarks, and we’ll begin with someone who raises their hand first.

Commissioner Thomas.

COMMISSIONER THOMAS: I think that we can start
with one of the questions from the first speaker, and that was just like an overview of what types of projects will require environmental review per CEQA? Someone from Staff can probably help with that.

JOEL PAULSON: I’m happy to jump in on that
question.

Right now we have the Housing Element. These
sites have been in the Housing Element for months. We’re not proposing to remove sites for future projects. Most of these projects are by-right projects because they were
either in the previous Housing Element and/or they required rezoning, which has been done by Town Council; the adoption will be next week. So those will be by-right, and we can still do Architecture and Site review, but because they are by-right they generally will not require CEQA.

Additionally, the number of units that were studied in the General Plan EIR far exceeds the number of units in this study.

I’ll jump into Ms. Quintana’s question as well. I
think the goal is to get the Housing Element certified.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
12 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
Once we get to the no net loss issues that we envision down the road, then those sites do have to be approved by HCD.

We would use the same methodology for the sites that are currently in the Housing Element, and if any environmental study is necessary at that time, we’ll make that
determination.

CHAIR BARNETT: I might add, if you could comment
on the indication that the buffer is in a range of 50%
rather than the 15%?
JOEL PAULSON: Yes, thank you. The current
surplus is 58%. Given the comments that we received from our preliminary review from the reviewer from HCD, we
envision that a number of those units are going to be
removed, either because of additional information provided by our reviewer that indicates we may not be able to count them, and/or from a timing perspective the analysis for some of those units may take far longer and it’s going to be quicker and more expeditious to just remove those units and still maintain the buffer, but the buffer will
ultimately be less than it is currently is what we’re
currently envisioning, and we’ll know that for sure by
Friday.

CHAIR BARNETT: Thank you for that. Commissioner
Hanssen.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
13 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
COMMISSIONER HANSSEN: Follow up question on what
was just discussed. When we originally put together the site inventory it was intended to be approximately 15% over the buffer, and then there was another version where we added a couple of sites, so we were at I want to say around 25% buffer, and then the new consultant came in. I’m just recounting my recollection; there’s a question in there.

The consultant came in and we were able to count some sites that we didn’t know. Is it those sites that might be coming back out, or sites that are actually in the original site inventory?
JOEL PAULSON: Thank you for that question. Yes,
we envision that the majority, if not all, of those
permitted entitled sites, which was approximately 250, I believe, most, if not all of those, will be removed. We’re still doing the research, but we think the majority of
those have already been reported to the Department of
Finance, which is a trigger that our reviewer brought up that was not brought up before.

COMMISSIONER HANSSEN: Thank you.

CHAIR BARNETT: Still waiting for the consultant?
JENNIFER ARMER: No, we do now have Veronica Tam
available if there are questions from the Commission.

CHAIR BARNETT: Commissioner Hannsen.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
14 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
COMMISSIONER HANSSEN: Something that I’ve been
wondering all along, and the three of us have been on the Housing Element the whole time, is about this AFFH, and the lion’s share of the preliminary comments were on AFFH, and if I’m reading the matrix that came in the addendum it
looks like they’re still saying no on a few of the items, even after we had policy research do a lot of additional analysis and we reviewed it at the Housing Element Advisory Board. There clearly was much more detail than was
originally provided, but now they’re still saying no on some of these items, so I’m just trying to understand where are we really on this and is there some standard that we can hold up to that we know about? Because it seems like they keep pushing back and asking for more details. Is my question making sense? I’m looking for like where is the end of this? Because you can do an infinite amount of
analysis on the trends, and they do make some references in here about what are we going to do in reaction to that, but does it ever end that we’re in compliance with AFFH? Like where does it end?
JENNIFER ARMER: Thank you for that question. I
think that is going to be a great first one for our
consultant, Veronica Tam, to speak on to talk about how those outstanding comments maybe are different, or what

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
15 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
remains on those comments, and what we anticipate doing to respond.

VERONICA TAM: Thank you, and I apologize. I was
having some computer problems, so I wasn’t able to hear the whole conversation. I was able to have video but not audio.

My understanding is that certainly the Town is
concerned that there are iterations of changes, and this is actually a pretty common process that most jurisdictions have to take in order to get the Housing Element through.

But I think based on the preliminary comments
that we just got from HCD last week, the additional changes are pretty technical in nature, and I think the revisions that we have planned and have done so far will get us very, very close to the Housing Element certification. Now,
certainly we cannot guarantee it, but I would say that
based on my experience and having worked on probably close to 60 Housing Elements so far in this cycle, that yours is very close to getting there, and I think that is what is indicated to us by the State as well.

What is likely going to happen is that when we
resubmit the revisions to the State by the end of the week they would be able to incorporate the majority of the
revisions that we have made and dismiss most of the
concerns. It may have some remnants of comments that we

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
16 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
would see on December 1st and when we get the letter. That would maybe give us a little bit of time before we go to Council adoption to make the revisions at that time, but I think you are probably 95% there.

CHAIR BARNETT: Does that answer your question?
COMMISSIONER HANSSEN: Could you comment
specifically on the AFFH? I understand what you’re saying about the overall process, but since you’ve worked on 60 Housing Elements, which is quite a bit and we appreciate you doing all this work, could you comment specifically on the AFFH comments? Because this is a new law that we didn’t have the last time in the fifth cycle.

VERONICA TAM: I think so far the State has looked
at the analysis already, and they have provided additional comments, mostly in the area of local knowledge. The State doesn’t want us to just primarily rely on data statistics to talk about the Town’s fails and issues, but mostly we have to supplement that with local knowledge.

My team, Jamie, has been working on that as well
with Town Staff to get more about the character, the
history, and the constraints that the Town may have
regarding housing.

Now, the other topic that they want us to beef up
on, I believe, is the racially concentrated areas of

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
17 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
affluence, because you are a fairly higher-income
community, and this is also very typical. When we work with ABAG communities there are some fairly high-income
communities that we deal with and we do have to go through all that discussion as well.

I think generally what’s important to the State
is to make sure that you have a range of sites that are distributed throughout the Town, and that you have actions to address existing gaps or discrepancies among
neighborhoods. And again, we are working on like making that kind of response more prominent. You do have a lot of actions and programs within your Housing Element that have beneficial impacts to fair housing but is kind of
distributed throughout the Housing Element plan section, so as part of the response to the State’s comments we are
creating a matrix that shows exactly which Housing Element action would respond to fair housing and would have
beneficial impacts.

I think, like I said, a lot of your housing
policies and programs do have beneficial impacts, they’re just not labeled as fair housing programs, so what we’re trying to do is to provide a summary in matrix of all the actions. I think once we’ve done that it would be clearer to the State how the Town is responding with their housing.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
18 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
COMMISSIONER HANSSEN: Do you think that at this
stage we’ve gone far enough to comply with AFFH in our
Housing Element?
VERONICA TAM: I think so.

COMMISSIONER HANSSEN: I hear what you’re saying,
taking the individual programs and tying things together, because it seemed like what they’re looked for was what are you going to do about it, and since we do have all those implementation programs, but do you feel like we do have the kind of implementation programs that will ultimately satisfy them if you can just put it in front of them the right way?
VERONICA TAM: I would say that we’re almost
there. Again, I can’t guarantee that you are there yet, particularly with AFFH, because that is an area that the State is very, very picky about, but I think based on our assessment you are really close to getting there, but in the next couple of weeks or maybe before the Council
adoption, that’s where we’re going to probably have to do a little bit of negotiation with the State with what we think is realistic, what we can do, because we also have to make sure that what the State is asking is realistic, what can happen in the Town that is implementable. So I think there

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
19 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
is maybe some back and forth still on the AFFH, but again, I think we’re very close to getting there.

COMMISSIONER HANSSEN: Okay, thank you.

CHAIR BARNETT: I have a follow up question on
that. In the matrix, under AFFH, HCD requires specific
information regarding the Town’s response to the
requirement, and the answer provided by the Town was, “Work is in progress by this Staff and the consultant to
determine if additional analysis is required that would result in programs to provide stronger Housing Elements.” I was concerned about the word if it’s required
or not? It seemed to be questioning the recommendation by HCD, if you understand my question.

VERONICA TAM: From the preliminary comments we
got it’s not so much about a lot of additional analysis.

There is the additional analysis that they did ask for, which is the RCAA racially concentrated areas of affluence, and also on local knowledge.

If Jamie is online, maybe she can comment about
the additional analysis that you have done.

JENNIFER ARMER: No, unfortunately she is not on
the Zoom meeting with us this evening.

VERONICA TAM: Oh, okay. My apology; I thought she
was. Oh, you know what? She is actually in another meeting.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
20 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
But I think the preliminary comments that we got
are not so much about a lot of extra analysis. I think we want to make sure that we present our case the best in
terms of meaningful actions, and that’s why we’re
developing this matrix that (inaudible) issues and
problematic actions that maybe people would not label that as fair housing programs or actions, but they really do have beneficial impacts.

CHAIR BARNETT: I see. Okay, thank you. Are there
other questions? Commissioner Burnett.

COMMISSIONER BURNETT: Yes, I have a question,
and thank you for answering our questions tonight.

I have a question about the ADUs. What is the
basis for increasing the very-low-income distribution for ADU to 30% when the ABAG housing technical assistance team actually in September of 2021 reported an affordability of ADUs recommended jurisdictions with fair housing concerns, which Los Gatos does have, to use more conservative
assumptions? I noticed our numbers are fairly high
considering we should really maybe be only at like 5%;
anyway much lower numbers than are showing in our report.

VERONICA TAM: I think in general what we are
trying to do is in fact (inaudible) all ADUs, like more ADUs in areas that have opportunities for it, which is

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
21 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
high-resource, low-density areas. I think in the future one of the actions probably is going to try to get ADUs to be more affordable, more available, to low-income households.

That’s part of the actions that we talked about in
promoting use of housing choice vouchers, promoting the whole idea about renting ADUs to low-income households. The goal is to actually make ADUs more affordable to low- and moderate-income households. I think that’s the reason why we switched it.

COMMISSIONER BURNETT: Thank you for that.

CHAIR BARNETT: Commissioner Hanssen.

COMMISSIONER HANSSEN: I had a couple questions
about the matrix relative to the site inventory. It’s on page five.

The first one was about the realistic capacity,
and they were saying no, their preliminary review said
we’re not there, and so that seems to be a pretty big deal to me. Then I looked at their notes. It says, “Program VH must clarify by right definition for use sites.” It says in Staff Response that program AS identifies the RHNA sites, but work is in progress by Staff and the consultants to include the definition of by right development and program AS.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
22 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
So is that something that’s going to be submitted
this week, or soon? Because that seems like it’s pretty material to them being satisfied that our site inventory is developable.

JOCELYN SHOOPMAN: Thank you for the question.

That is part of the work that Staff is going to be working on and preparing to have go out for the seven-day review starting on Friday.

COMMISSIONER HANSSEN: Okay, thank you. Then on
SB 9, I don't know if I totally understood it, but it
looked like they were looking for specific sites. This is on page seven. It’s still pretty new and I think there is education going on. I don't know that we have any sites in the site inventory for SB 9, so what would we do in terms of identifying specific sites?
ERIN WALTERS: Thank you for the question.

Initially we provided how we were calculating the SB 9
number, but we do not have specific sites that are
evaluated. Some communities do have that; the Town does not, so that is something Staff is currently reviewing
based on this comment.

COMMISSIONER HANSSEN: So we’re still trying to
decide how to respond?

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
23 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
JENNIFER ARMER: Yes, we are finalizing that. One
of the discussions that we have had is that the way that SB 9 was presented in this current draft is more aligned with the ADUs where we aren’t identifying specific locations of where future ADUs are, but that the estimate for number of new housing units is based on past trends, and so we looked at the number of SB 9 permits that have come in since that ordinance was in place and justified it there, as well as additional justification was prepared by Veronica Tam’s team that put together an analysis of what sites were
available in Town that met certain criteria, and based on past practice our understanding was that that was going to be acceptable to HCD.

What this preliminary comment indicates is that
it may be that they’re not willing to accept that
alternative, that they want analysis that is more like our sites inventory where we’re identifying specific sites, and so we will be looking to see how critical those units
numbers are for the overall sites inventory calculation buffer, etc., and looking to see what, at this point to expedite this and keep it moving forward, the best course is going to be.

COMMISSIONER HANSSEN: A follow up question. My
understanding was that what was done in the most recent

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
24 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
submission that you had the preliminary review from is that it was basically a funnel, which made a lot of sense to me.

When I went to the Planning Commissioners Academy
a year ago in 2022 one of the consultants to the State had done basically a funnel and they looked at all the housing in the State and what could possibly be feasible, and what was financially feasible, and so they came up with what was a very low percentage of the total. I thought that was kind of the direction we were going, and now I’m hearing that HCD actually wants you to treat it like site inventory, and then what I heard you say as a follow up, if I heard it correctly, is that we might be taking those sites out.

JOEL PAULSON: Through the Chair. Joel Paulson,
Community Development Director. Yes, this current version that was submitted in October did have kind of that funnel of looking at a parcel size that’s reasonable for two
units, looking at all the parcels in town that would allow SB 9 that fit in that bucket, and then paring that down even further to what I think I recall is less than 1% of those parcels. That’s been a method that has been accepted elsewhere previously, but as we’re finding as our region as gone through the process, things that might have been
accepted in Southern California are not being accepted any longer, so we’re weighing how quickly we could do that type

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
25 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
of analysis, and if we can’t do it quickly enough and if we have enough buffer, then it’s just simpler for us to remove those units from the numbers.

COMMISSIONER HANSSEN: That makes sense, but it’s
a little bit scary in the sense that we’re hopefully close to being done, but then that’s 96 units, but we do have more buffer, so I’m sure you guys will figure that out, but that seems like a bit of a red flag for me, especially
since I believe it came from one of our Councilmembers to make sure we included SB 9 sites since that law was put in place.

CHAIR BARNETT: Is there any comment from Staff
before I take Commissioner Janoff’s question?
JOEL PAULSON: It looks like the consultant has
some additional comments.

VERONICA TAM: I just want to emphasize that it is
not uncommon that even HCD would recommend an approach like that, because we are close to getting a certified Housing Element, but we’re not removing the opportunity of SB 9. SB 9 is still being discussed in the Housing Element; it’s still an opportunity for sites, particularly for moderateand above-moderate-income type of housing, because SB 9 is not likely going to generate units that are lower income.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
26 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
It’s still in the Housing Element, it’s still an
opportunity that the Town will continue to pursue, it’s just not being used to count towards the RHNA for adequate site purposes, but when you do build units you do have an SB 9 application processed you do get credits against the RHNA. Getting adequate sites analysis is a little bit
different than getting credits for RHNA for
accomplishments, so you will get accomplishments when you do have SB 9 applications processed.

CHAIR BARNETT: Commissioner Janoff.

COMMISSIONER JANOFF: Thank you, and thank you
for that clarification, Ms. Tam; that was very, very
important. I think when Staff said we’ll be taking sites off the inventory to expedite the process, it kind of makes us pause a bit, but this makes very, very good sense. If the hurdle to get these sites on the inventory with the type of analysis that’s been done is prohibitive in terms of the amount of time and we’ve got the buffer, take them off. That’s a very, very simple and elegant solution, so thank you for that clarification.

CHAIR BARNETT: Other questions from
Commissioners? Vice Chair Raspe.

VICE CHAIR RASPE: Thank you, Chair. I notice one
of the open issues on our matrix is the story pole

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
27 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
discussion, and I know the Planning Commission had a
lengthy hearing on that and provided our comments to Town Council. I’m just curious as to where we are in that
process, and if we believe it’s going to be resolved in time for this element to get certified? Thank you.

JENNIFER ARMER: Thank you for that question; I
can provide an update.

We are currently scheduled to go back to Town
Council on December 5th for them to continue that
discussion, however, based on the discussion that was held by Town Council on August 1st we have been able to draft some additional language for the Housing Element to give more specificity about the motions that were made and
approved by a majority of Town Council. So we’ve been able to add that in and draft some language that describes some of the changes that have already been approved by Town
Council so that it can provide clarity to the State that that work is already ongoing and that Town Council has
already approved some motions for changes.

VICE CHAIR RASPE: Thank you so much for that
answer.

CHAIR BARNETT: I’ll jump in with a question. In
my review of the matrix it appeared to me that the most recent HCD comments were bringing up new material rather

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
28 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
than delving further into prior answers. Do you have any sense of that?
JENNIFER ARMER: I can jump in, and then we might
see if Veronica has something more to add.

When we look at the list of comments, these are
actually the comments from our last letter, and then there is an additional column that talks about which ones have been resolved and which have not. It appears that almost half of them are marked as resolved, that the work that’s been done is already enough, and that it’s just there’s some more that’s needed to fully resolve the remaining 16 items on this chart.

There are some cases where they’re asking for
more detail than we thought was needed to resolve the
question, but that was one of the benefits of this
preliminary conversation in the middle of our 60-day
review, that we could touch the base with them and find out where we needed to go further.

JOEL PAULSON: Through the Chair, as we noted in
the Staff responses, we tried to add where we address these comments in the current version. I think this is a pattern that we’ve seen with all of their letters: we provide
information and then they come back and say they want
additional information or additional analysis. I think this

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
29 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
is just a continuation of that and we’re hopeful that we’re going to get over the hurdle this round.

CHAIR BARNETT: So my layman’s analysis that HCD
was bringing up new issues doesn’t seem to be founded,
they’re just trying to get the additional information to satisfy previous inquiries.

JOEL PAULSON: That’s correct. As Ms. Armer
mentioned, these are the comments from May that were
addressed.

CHAIR BARNETT: Okay, thank you. Commissioner
Hanssen.

COMMISSIONER HANSSEN: I may come back and ask
additional questions on the matrix, but could I ask a
procedural question? Since we’ve been at this for several rounds, when we actually get a letter from HCD will it say that we’re done, or are they still going to have lingering questions? What would be normal when we are actually done? JENNIFER ARMER: Thank you for that question. We
might actually see if Veronica Tam might tell what those look like for the other communities she has worked for, but my understanding is the goal is done, but most likely there will be a few more back and forth as she was mentioning earlier; there may be a little bit of negotiation that
needs to be done to really close it out.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
30 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
VERONICA TAM: The goal is to get to a letter by
December 1st that it would say if adopted as revised the Housing Element would comply with State law. It actually reminds me, we are doing the rezoning soon, or there is no rezoning that needs to be done later on, but if there is any kind of rezoning that needs to be done, then the letter will say the Housing Element will be found to be in
compliance once the rezoning is done.

I would say that in the December 1st letter you
will still have some remnants of comments, but I’m
confident that with the revisions that we’re doing right now we should be able to dismiss the majority of the 16 items.

The other few items are really a negotiation.

It’s the art of a review that gives me the reviewing
authority to do that type of back and forth, and I think we may have to do a little bit of back and forth, but I think with the revisions that we are working on we should be able to dismiss the majority of the comments because most of them are technical in nature; that shouldn’t have a lot of negotiation.

COMMISSIONER HANSSEN: Thank you.

CHAIR BARNETT: Commissioner Janoff.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
31 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
COMMISSIONER JANOFF: Thank you. Could you
clarify what that negotiation is? Is that a conversation between you, Staff, and HCD saying no really, it’s in
there? Could you explain what negotiation means?
VERONICA TAM: I’ll give some examples and
hopefully that’s not going to be too frustrating for
jurisdictions, and I go through this all the time.

There will be some times, and our goal is to do
50 units and affordable units in over eight years or
something for a small community, and a city may come back and say we think that you can do a little higher, and so we’ll kind of move back and forth and say realistically we think we can push it up to 80, but that’s all we can do.

So that kind of “negotiation” is not so much
about… I think that’s the type of things that we should be expecting.

COMMISSIONER JANOFF: If I may? So are you saying
that these negotiations happen verbally back and forth, or is this a letter to us and a letter back?
VERONICA TAM: It would be verbally. What we try
to do also is every time before and after we submit a draft to the State we have a meeting with the State and we talk about what they’re looking for, ask them to clarify what exactly are they looking for, and we had that meeting just

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
32 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
recently, I think a couple of days ago, just to clarify what they are looking for.

So I think after we resubmit, and I don’t think
we would have an opportunity, given the holidays next week, to have a meeting with them, but if possible we should try to get a meeting with them before they issue the letter.

But even after they issue the letter we would arrange a meeting to just go over the remnants of comments and what expectations they have. I think definitely the State is in the position of pushing higher. We are holding our ground to see what we can do realistically as well.

COMMISSIONER JANOFF: Thank you.

CHAIR BARNETT: Commissioner Thomas.

COMMISSIONER THOMAS: Just as a follow up, when
you refer to “we,” you’re referring to yourself and some Town Staff, or is it just your office that will do this negotiation?
VERONICA TAM: It would not be just me, because I
work for you, but the Town Staff is certainly taking the lead and I’m there to facilitate the discussions. I
understand a little bit more about where they’re coming from and maybe between the lines what they are asking, so I’m trying to facilitate those discussions, but definitely

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
33 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
Staff takes the lead because only Staff understands the resources and constraints that the Town is facing.

COMMISSIONER THOMAS: Okay, perfect. I do have an
additional question.

CHAIR BARNETT: Please.

COMMISSIONER THOMAS: I do think that we had a
couple of other questions through public comment that it would be helpful for us to just discuss. I know some of us have sat on the Housing Element Advisory Board for a while, so we’re a little bit familiar with this, but can either Town Staff of Ms. Tam explain why the sites inventory looks as it does with the buffer? I know we kind of covered this already.

In addition to that, why is it important to
include all of these sites to get it passed versus adding sites later down the road? And then if sites do need to be added, how does that work?
JOCELYN SHOOPMAN: Thank you for the question.

There have been no changes to the sites inventory; we have not added or removed sites. The discussion of the surplus increasing really is coming from this new bucket of these entitled finaled or permitted units that we didn’t
previously include in the January version that was adopted, so that’s approximately 250 units. When you add those

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
34 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
additional units; that has resulted in the increased
surplus. It’s not because the Town had added any new sites to the sites inventory.

We did receive preliminary feedback in this
matrix from HCD about those no additional 250 units, and so that’s part of the work we’re doing this week to review and see if those units have in fact already been reported to the Department of Finance, in which case they would be
removed and the surplus would be decreased.

CHAIR BARNETT: Follow up?
COMMISSIONER THOMAS: Yes.

CHAIR BARNETT: Please.

COMMISSIONER THOMAS: I think that it’s clear why
that percentage changed, but from day one we’ve had a lot of comments from the public and concern about the number of sites included and the total number of units, so I was
hoping we as a group could very briefly go over the
importance of why we need to have all of these sites on our initial list instead of adding more as we go, which I know we’ve discussed, but I think it needs to be addressed
again.

JOEL PAULSON: Through the Chair, maybe Ms. Tam
could respond a little differently to should we be removing sites at this point? This has been predominantly the same

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
35 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
as what was adopted in January, so there hasn’t been a
change. There have been many comments of concern when we went up to the 25% buffer, but ultimately that was adopted, so that’s where we are.

The other bucket that it was added, again, has
been discussed, but Ms. Tam, if you would maybe provide comments on what implications there might be if the
Planning Commission ultimately wanted to recommend removing some of the existing sites.

VERONICA TAM: For one thing, I think everybody
has heard enough about SB 166, monitoring of no net loss, which is a new State law that applies to the six-cycle
Housing Element that any time when a site in your inventory is developed, if it’s developed with fewer units than
projected in the Housing Element, or fewer affordable units by income distribution, you have to do an accounting of whether the remaining sites inventory has the ability to meet the RHNA.

Because of your town, the market economics, the
majority of the Housing Element sites when they’re
developed are not likely to be developed with a lot of
affordable units, probably just your inclusionary
requirements, that type of project. But for the purpose of doing adequate sites analysis, the State does allow us to

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
36 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
use density as a proxy so that we are allowed to count most of the sites that are higher density as housing sites that are feasible for facilitating lower income, so when actual development happens you are likely going to have a net loss against your sites inventory, so for that reason the State recommends a buffer between 15-30%; that’s in the sites inventory guide book provided by HCD. The higher income area, the more expensive the communities, I think the
higher the buffer should be because more likely that you’re going to result in a net loss of affordable units when your sites are being built.

Now, can you remove sites right now? I certainly
do not recommend it, because removing the sites means that we have to completely redo the AFFH analysis. At the end of AFFH analysis there is an analysis of how your sites
inventory is distributed across different neighborhoods, different demographics and characteristics in your
community, and therefore conclude whether the sites are promoting fair housing. So if you choose to reduce sites right now, we will have to redo the AFFH analysis, and that would substantially delay the whole Housing Element
certification process, because HCD would need to review that whole section again.

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
37 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
Now, when you run into a net loss situation in
the future it only gives you six months to actually
identify replacement sites or rezone additional sites to replenish your sites inventory, so having a high enough buffer today would save you trouble as you go down the
line, because we all know rezoning and identifying new
sites is not an easy task. State law only gives you 180 days to do that, so having a healthy buffer is going to take you a long way when your sites are eventually
developed.

JOEL PAULSON: And through the Chair, I would add
also that since Council has already introduced all but one site for the Housing Element Overlay Zone, we certainly wouldn’t want to be looking at reducing any of those sites.

CHAIR BARNETT: Commissioner Thomas.

COMMISSIONER THOMAS: My next question is about
if that rezoning and the taking out of that one space is going to impact our Housing Element at all, or the
certification process of it, and if so, how can we remedy that?
JOEL PAULSON: Thank you for the question.

Because it’s only 16 units in the Housing Element and
they’re all above moderate, it’s not going to have an
impact like a parcel or number of parcels that also include

LOS GATOS PLANNING COMMISSION 11/15/2023
Item #2, Draft 2023-2031 Housing Element
38 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
affordable housing as a part of that. So we have looked at that, because that is a potential option as well to
bringing that buffer down, or that surplus down, that
slight bit more.

COMMISSIONER THOMAS: So then is that site still
going to stay in, but just at the current zoning, or will it get removed because it’s not getting rezoned at this point?
JOEL PAULSON: I would say that is unknown and
it’s really a timing issue, because actually that one site is going back to the Council on December 5th, so in between there we’re looking at options for when we come back on the 29th, if Planning Commissioners are available. Potentially there’s an option to remove that site, but also to include language in any resolution or future action that because it was in before, should the Council choose to rezone that site in the interim in the timing that would accomplish certification, then we could always add that back without having to come back through a full cycle with the
Commission.

COMMISSIONER THOMAS: Okay, thank you.

CHAIR BARNETT: Commissioner Hanssen.

COMMISSIONER HANSSEN: Since it was asked in the
public comments I thought we should bring this up, and