Agenda packet — Los Gatos City Council, February 6, 2024 (part 6 of 6)

updates…” While initiating a study and making a
determination are important steps by themselves, these
actions do not result in outcomes. The Program should
clearly commit to amending the municipal code. For
example, the Program could commit to: “Initiate a study and outreach, including with developers, and amend the
Municipal Code, as follows:…”
• Program AQ (Zoning Code Amendments): The Program
commits to apply the Housing Element Overlay Zone (HEOZ) to identified sites and modify development standards. HCD understands this action has been completed. Based on a
cursory review of the Town’s Ordinance 2347, some
development standards such as heights may be a constraint on achieving maximum densities. As a result, this Program should commit to monitor and evaluate these development standards, including outreach with the development
community, and making adjustments, as appropriate, by a specified date.
 Program AW (Story Poles and Netting Policy): While the Program now commits to revise Story Poles and Netting
Policy Requirements; these requirements are constraints and impact housing costs; supply (number of units) and approval certainty and should be removed or replaced with cost
effective measures to promote certainty for the developers and the community. Further, the element should evaluate the effectiveness of any future requirements or measures, and making adjustments, as necessary, by a specified date (e.g., by 2028).
#4. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).)
Program Q Accessory Dwelling Units (ADU): While the Program now commits to amend the ADU Ordinance, it must also
commit to establish incentives such as modifying development standards (e.g., heights), pursuing funding; waiving fees beyond ADU law; proactive marketing and establishing points of contact to ease permitting processes. In addition, the Program commits to monitor production and affordability of ADUs annually but should also commit to making adjustments by a specified date (e.g., within six months) if production and affordability are not Modify Program Q to include proactive
marketing through Countywide efforts for
interested property owners and grant
opportunities to fund the development of
ADU’s and JADU’s.

Suggest including more defined language
regarding a commitment to making a
modification if the production of ADU’s or
JADU’s differs from the assumptions from the
Housing Element.
 Program Q on Pages 10-52 and 10-53
of Chapter 10 was modified to the
following new text:
o The Town will actively apply for
grant programs, as funds are made
available to assist property owners
in the construction of
ADU’s/JADU’s.
o The Town will proactively promote
information made available
through the Santa Clara County
Planning Collaborative, a joint

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meeting assumptions. Further, the Program should clearly commit to options beyond incentives such as rezoning if production and affordability far differs from assumptions. initiative of all 16 jurisdictions in
the county on the Town’s website
with resources for interested
property owners.
o Defined action language regarding
the Town’s effort to commit to
developing strategies if the ADU or
JADU assumptions differ from the
Housing Element projections.
#5 Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583,
subd. (c)(9).)
Public participation in the development, adoption and
implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD. HCD particularly encourages the Town to continue engaging commenters on this review. These comments contained valuable insights that can result in a more effective housing elements, especially related to programs and specific commitment. HCD’s future reviews will continue to consider the extent to which the revised element documents how the Town solicited, considered, and addressed public comments in the element. The Town’s consideration of public comments must not be limited by HCD’s findings in this review letter.

Include additional language regarding any
continued public hearings about the Housing
Element that have occurred.
 The number of Housing Element
Advisory Board meetings that have
occurred were updated on Page 10-11
of Chapter 10.
 Town Council hearings that have
occurred were updated on Page 10-13
of Chapter 10.
 A summary of the topics of the public
comments that have been received on
the Housing Element was added to
pages 10-17 and 10-18 of Chapter 10.

Note For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the Town failed to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023); programs to rezone and make prior
identified sites available or address a shortfall of capacity to accommodate the RHNA (e.g., Program D: Program By Right

N/A N/A

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Zoning Text Amendment to Accommodate RHNA, Program AR:

General Plan Amendment, Program AS: Sites Previously
Identified) must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

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TRACK CHANGES VERSION
Based on Language Provided by the Vice Mayor from Attachment 5 of the 1/16/24 Desk Item Draft based on Los Altos Program 6 G – for discussion
Highlighted Adaptations to Los Gatos
Town of Los Gatos Housing Element
Program AY: Housing Mobility
Housing mobility strategies consist of removing barriers to housing in areas of opportunity and strategically enhancing access (Los Gatos is entirely highest resource in terms of access to opportunity and a concentrated area of affluence). To improve housing mobility and promote more housing choices and affordability throughout Los Gatos townwide, including in lower-density neighborhoods, the Town will employ a suite of actions to expand housing opportunities affordable to extremely low, very low, low, and moderate income households.

Actions and strategies include:
• SB 9 – Monitor the Town’s SB 9 standards and amend standards to facilitate SB 9 applications (e.g., duplexes in single-family zones) if the Town is not on track to meet its SB 9 application goal during the planning period. See Program AV. • Rezoning – for Small Multi-unit Housing, “Missing Middle” – Modify the Zoning Code to facilitate small multi-unit housing in the low and medium density designations. This includes creating mixed residential neighborhoods through new and innovative housing types that meet the changing needs of Los Gatos households and expand housing choices in a variety of neighborhoods. Housing types include, but are not limited to single dwelling units, multi-family dwelling units, accessory dwelling units, small and micro units, use of prefabricated homes, and clustered/cottage housing. See Program J. – Modify zoning to allow residential or increased residential intensity and/or density of residential throughout Los Gatos. This includes zoning amendments already completed along higher intensity corridors with access to transit and other opportunities (North 40, Los Gatos Boulevard, Highway 9, and Winchester Boulevard) and for sites within lower-density neighborhoods (Oka Lane, Lark Avenue Area, Union Avenue, Downtown Area). See Program AZ which has been implemented.
• Housing on Town Sites – Enter into a public-private partnership to develop housing, targeting low-income households, on Town-owned Propertiesproperties. See Program E.
• Enhanced Inclusionary Housing – Assess and amend the Town’s inclusionary housing requirements to better produce low-income units and units for special needs groups townwide throughout Los Gatos. See Program L.

ATTACHMENT 11

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• Accessory Dwelling Units (ADUs) – Encourage and streamline ADUs in single-family neighborhoods by preparing standardized ADU plans with a variety of unit sizes and by affirmatively marketing and outreach to increase awareness and the diversity of individuals residing in Los Gatos. See Program Q.
• Junior ADUs – Develop and adopt objective standards to allow more than one (at minimum two) Junior ADU per structure by July 2025. The objective is to achieve at least 10 JADUs in lower-density neighborhoods by January 2031. See Program Q. • Religious Institutional Sites – Expand housing opportunities on all religious institutional sites within the Town. See Program S. Conduct outreach to owners and operators of religious institutions to raise awareness and encourage housing proposals. Increase affordable housing on Permit 10 housing units on a religious institution/faith-based site(s) during the 2023-2031 planning period by 25 units. If no application for housing on a religious institution/faith-based site is received by December 2025, the Town will expand outreach efforts to be conducted annually. This may include direct mailings to faith-based sites highlighting successful affordable housing units on other faith-based sites, as well as available Town resources and programs to support such projects (e.g., Programs N, P, T, AI, AJ – Assist in securing funding for affordable housing projects). • Homesharing – Research and pursue a homesharing program, including coordination with non-profits and others to assist with matching tenants with existing homeowners. The Town will publicize and take other actions as necessary (e.g., facilitate presentations at the Los Gatos Adult Recreation Center, etc.) at least annually with the goal of five opportunities per year. See Program T.

Responsible Body: Community Development Department
Funding Source: General Fund
Time Frame: Annually review overall progress and effectiveness in April and include information in annual report to HCD. If the Town is not on track to meet its 160 affordable housing unit goal for the 8-year RHNA cycle by 2027 (i.e., 80 affordable units built or in process by 2027), the Town will consider alternative land use strategies and make necessary amendments to zoning or other land use documents to facilitate a variety of housing choices, including but not limited to, strategies that encourage missing middle zoning (small-scale multi-unit projects), adaptive reuse, and allowing additional ADUs and/or JADUs, within six months, if sufficient progress toward this quantified objective is not being met.

Qualified Objective: Provide 160 housing opportunities affordable to lower income households by January 2031.

Geographic Targeting: Townwide, but especially lower-density neighborhoods.

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CLEAN VERISON
Town of Los Gatos Housing Element Program
AY: Housing Mobility
Housing mobility strategies consist of removing barriers to housing in areas of opportunity and strategically enhancing access (Los Gatos is entirely highest resource in terms of access to opportunity and a concentrated area of affluence). To improve housing mobility and promote more housing choices and affordability townwide, including in lower-density neighborhoods, the Town will employ a suite of actions to expand housing opportunities affordable to extremely low, very low-, low-, and moderate-income households. Actions and strategies include:
• SB 9 – Monitor the Town’s SB 9 standards and amend standards to facilitate SB 9 applications (e.g., duplexes in single-family zones) if the Town is not on track to meet its SB 9 application goal during the planning period. See Program AV. • Rezoning – for Small Multi-unit Housing, “Missing Middle” – Modify the Zoning Code to facilitate small multi-unit housing in the low and medium density designations. This includes creating mixed residential neighborhoods through new and innovative housing types that meet the changing needs of Los Gatos households and expand housing choices in a variety of neighborhoods. Housing types include, but are not limited to single dwelling units, multi-family dwelling units, accessory dwelling units, small and micro units, use of prefabricated homes, and clustered/cottage housing. See Program J. • Housing on Town Sites – Enter into a public-private partnership to develop housing, targeting low-income households, on Town-owned properties. See Program E. • Enhanced Inclusionary Housing – Assess and amend the Town’s inclusionary housing requirements to better produce low-income units and units for special needs groups townwide. See Program L.
• Accessory Dwelling Units (ADUs) – Encourage and streamline ADUs in single-family neighborhoods by preparing standardized ADU plans with a variety of unit sizes and by affirmatively marketing and outreach to increase awareness and the diversity of individuals residing in Los Gatos. See Program Q.
• Junior ADUs – Develop and adopt objective standards to allow more than one (at minimum two) Junior ADU per structure by July 2025. The objective is to achieve at least 10 JADUs in lower-density neighborhoods by January 2031. See Program Q. • Religious Institutional Sites – Expand housing opportunities on all religious institutional sites within the Town. See Program S. Conduct outreach to owners and operators of religious institutions to raise awareness and encourage housing proposals. Increase affordable

Page 964 ends

housing on religious institution/faith-based site(s) during the 2023-2031 planning period by 25 units. If no application for housing on a religious institution/faith-based site is received by December 2025, the Town will expand outreach efforts to be conducted annually. This may include direct mailings to faith-based sites highlighting successful affordable housing units on other faith-based sites, as well as available Town resources and programs to support such projects (e.g., Programs N, P, T,AI, AJ – Assist in securing funding for affordable housing projects).
• Homesharing – Research and pursue a homesharing program, including coordination with non-profits and others to assist with matching tenants with existing homeowners. The Town will publicize and take other actions as necessary (e.g., facilitate presentations at the Los Gatos Adult Recreation Center, etc.) at least annually with the goal of five opportunities per year. See Program T.

Qualified Objective: Provide 160 housing opportunities affordable to lower income households by January 2031.

Geographic Targeting: Townwide, but especially lower-density neighborhoods.

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-----Original Message-----
From: Lamborn Jeff
Sent: Thursday, January 18, 2024 10:22 AM
To: Housing Element <[email protected]>
Subject: Locations
[EXTERNAL SENDER]
Are some of the town properties appropriate for high density housing? -Oak Meadow Park
-Blossom Hill Park
-Balzer Field
-Sports Fields at Fisher Middle School and Los Gatos High School -Town Offices

Page 966 ends

-----Original Message-----
From: >
Sent: Thursday, January 18, 2024 10:50 AM
To: Housing Element <[email protected]>
Subject: HOUSING ELEMENT JAN 18
[EXTERNAL SENDER]
There must be a way to comply with the State of California mandated housing requirements without destroying the landmarks, historical areas, and environmental natural beauty that all of us (and OTHERS) have enjoyed and created.

Please ask the State of California for more time. We would like to comply. We need more clear feedback.

Anne Lamborn
53-year resident of Town of Los Gatos and Town of Los Gatos Arts and Culture Commissioner

Page 967 ends

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 2/6/2024
ITEM NO: 6

ADDENDUM
DATE: February 5, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Review and Discuss the Proposed Revisions to the Draft Revised 2023-2031 Housing Element. Location: Town-Wide. General Plan Amendment Application GP-22-003.

REMARKS:

In response to a Council Member’s questions, staff has provided the following responses in italics to the summarized questions:

1. Provide a transcript of the January 18, 2024, Housing Element Advisory Board (HEAB) Meeting. The meeting is nearly three hours long, the audio recording is not indexed, the audio cannot fast forward or moved ahead, and many of the comments and at least one motion was incomprehensible. This information is necessary because the HEAB made changes to the document that had not been reviewed by the Town Council.

Staff does not have adequate time to prepare a verbatim transcript of the January 18, 2024 HEAB meeting for the February 6, 2024, Town Council meeting. A summary of HEAB’s recommendations made at the January 18, 2024 meeting are included in Section C of the February 6, 2024 Town Council staff report.

2. Provide a track change copy of the Housing Element without Housing Element Advisory Board modifications.

A summary of HEAB’s recommendations made at the January 18, 2024, HEAB meeting are included in Section C of the February 6, 2024 Town Council staff report. All changes recommended by the HEAB were also included in Attachment 7 of the February 6, 2024 staff report, with exception to HEAB recommendation #2 as outlined in the February 6, 2024 staff report regarding language proposed in Implementation Project J. For further clarification, staff has extracted the pages from the most recent version of the Draft Revised Housing

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PAGE 2 OF 3
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 5, 2024
REMARKS (continued):

Element and removed the HEAB’s recommended edits (Attachment 13).

3. Provide a copy of all correspondence sent by Staff and consultants to HCD, as referenced in the December 24, 2023, and January 18, 2024, meetings.

Attachment 14 of this Addendum includes a copy of all correspondence sent by staff and the Housing Element consultant to HCD.

4. Provide written feedback to the Town Council on what has been covered and what the content of the responses have been in the calls and include the response from HCD.

Attachment 8, of the February 6, 2024, Town Council staff report, includes a column titled “HCD Feedback Summary” which details the verbal feedback provided by the HCD reviewer via a Zoom meeting held on January 18, 2024, with staff and the Town’s Housing Element consultant, as well as further communication from the Town’s HCD reviewer, received via email on January 19, 2024.

5. Provide any communications between Council Members and HCD and any communications between HEAB members and HCD. At the January 18, 2024, HEAB meeting there were several representations made by Council Members and HEAB Board members regarding what HCD has instructed the Town to do.

Staff is unaware of any direct communications between Council Members and HEAB members with HCD. The informal preliminary review matrix provided by HCD on January 18, 2024, was provided in Attachment 9 of the January 18, 2024, HEAB Desk Item to the HEAB and discussed as part of the January 18, 2024, HEAB meeting.

6. Provide any information obtained from the January 18, 2024, meeting between staff and HCD that was provided to the HEAB.

When asked by HEAB members at the January 18, 2024 HEAB meeting, staff and the Housing Element consultant summarized the verbal feedback provided by the HCD reviewer at the Zoom meeting held on January 18, 2024, and within the informal preliminary review matrix provided by the Town’s HCD receiver on January 18, 2024 (Attachment 8).

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PAGE 3 OF 3
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 5, 2024
ATTACHMENTS:

Previously Received with the January 16, 2024 Staff Report:

1. Draft Revised Housing Element, Track Changes Copy

2. Draft Response Table

3. December 1, 2023 HCD’s Findings Comment Letter

4. Public Comments Received Between 11:01 a.m., Tuesday, December 19, 2023, and 11:00 a.m., Thursday, January 11, 2024
Previously Received with the January 16, 2024 Desk Item:

5. Comments from the Vice Mayor

6. Public Comments Received Between 11:01 a.m., Thursday, January 11, 2024, and 11:00 a.m., Tuesday, January 16, 2024
Previously Received with the February 6, 2024 Staff Report:

7. Draft Revised Housing Element, Track Changes – January 2024

8. Draft Response Table – January 2024

9. HCD Informal Preliminary Review Matrix with Staff’s Responses

10. Goldfarb & Lipman, LLP Feedback Table with Staff’s Responses

11. Track Changes and Clean Version of Program AY Housing Mobility

12. Public Comments Received Between 11:01 a.m., Tuesday, January 16, 2024, and 11:00 a.m., Thursday, February 1, 2024
Attachments received with this Addendum:

13. Pages from the Draft Revised Housing Element Without the Recommendations Made by the Housing Element Advisory Board

14. Correspondence with HCD

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(January 2024 version) without recommendation #4 of the January 18, 2024 Housing Element Advisory Board meeting ATTACHMENT 13 Page 971

10. Housing Element
JanuaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element
10-15
Justice, Diversity, Equity, and Inclusion
Like many other cities in the United States, Los Gatos has a history which includes racial injustice. The Town also has a long-standing commitment to being equitable and inclusive. In the last couple years, with racial justice issues at the forefront of local and national conversations, the Town has taken a more holistic approach to Justice, Equity, Diversity, and Inclusion work. The Town of Los Gatos values justice, equity, diversity, and inclusion (JEDI). The Town works proactively to ensure the rights and opportunities of everyone in Los Gatos and opposes any attempts to undermine the safety, security, and rights of any members of the community. The Town promotes equal treatment, equitable distribution of and access to resources, and engagement in issues affecting the lives of residents, workers, and visitors. The Town does not tolerate discrimination, racial injustice, or police brutality. The Town works toward realizing the values of diversity, equity, and inclusion by taking specific actions to become a more inclusive community.

In May of 2017, the Town Council affirmed a commitment to Los Gatos as a diverse, supportive, equitable, and inclusive community.

On June 5, 2020, the Town affirmed its commitment to stand in solidarity with the black community with a Proclamation from the Mayor.

On June 17, 2020, the Mayor signed the Obama Foundation’s Mayor’s Pledge, committing to review Police Department standards, report back to the community, and work on reforms.

On June 19, 2020, the Town launched a new webpage, “Becoming an Inclusive Community,” dedicated to outlining the shared values of justice, diversity, equity, and inclusion. In naming the new webpage “Becoming an Inclusive Community,” the Town acknowledged that there is work to do; and by clearly stating the commitment to inclusivity and diversity, the Town strives to take the steps needed to reach that goal. The dedicated webpage can be viewed at www.LosGatosCA.gov/Inclusivity and is kept updated on a regular basis with Town efforts and current information.

On July 30, 2020, the General Plan Update Advisory Committee (GPAC) held a special meeting to review and discuss the topics including racial, social, and environmental justice in the General Plan. As a result of this meeting, the first Element of the 2040 General Plan is a new Racial, Social, and Environmental Justice Element.

In 2020, the Town hosted three community workshops via teleconference to foster dialogue on racial and social justice and how Los Gatos can be more welcoming for all. The three conversations covered police reform, and housing. The inclusivity webpage contains full video recordings, presentations, and other information associated with these conversations.

On June 30, 2022, the Council adopted the 2040 General Plan with a brand-new chapter: the Racial, Social, and Environmental Justice Element. This guiding Element works in conjunction with the Town’s commitment to create a more inclusive Los Gatos and provide safe spaces for all to join in conversations to shape the Town’s future.

The Town’s work to further the goals and policies stated in this new Element include: hosting community conversations; adopting Diversity, Equity, and Inclusion as an ongoing Council Strategic Priority since 2021; implementing Police reforms; working with the California Senate and Assembly on the development of Senate Bill 1100, which updates public meeting laws to provide an important balance of maintaining freedom of speech, protecting public safety, and providing protection for elected officials; and developing a formal JEDI plan with goals, action items, and timelines.

Pop-up Community Outreach
Farmers’ Market Informational Booth
Town staff hosted a 2040 General Plan Update and Housing Element Update informational booth at the Los Gatos Farmers’ Market on Sundays from 9:00 a.m. to 12:00 p.m. on the following dates:
 June 27, 2021.
 July 18, 2021.
 August 8, 2021.
 August 29, 2021.

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(January 2024 version) without recommendation #5 of the January 18, 2024 Housing Element Advisory Board meeting

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10. Housing Element
JanuaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element
10-17
To help guide the update to the General Plan, the Town Council appointed a GPAC. The GPAC was composed of the Town’s General Plan Committee (GPC) and three additional residents. The GPC includes two Town Council members, three Planning Commissioners, and four residents. The GPAC served to review and discuss issues, opportunities, and the development the Draft 2040 General Plan. The GPAC held more than 35 public meetings throughout the General Plan Update process, listening to community input and contributing to the development of Land Use Alternatives, and the content of the General Plan document.

Public Participation to Affirmatively Furthering Fair Housing The Los Gatos public participation program was also responsive to AFFH, which requires local jurisdictions to conduct public outreach to equitably include all stakeholders in the housing element public participation program (see Section 10.1.3 for more complete information on AFFH).

Tribal Consultation
This public participation effort also includes formal consultation, pursuant to Government Code §65352.3, with representatives from nine Native American tribes that are present and active in Santa Clara County.

10.1.6 Public Comment
Public Comments
A full listing of public comments received during the public review of the 6th Cycle Housing Element are included in Appendix I: Public Comments. Responses to public comments, where appropriate, are also provided.

10.2 Overview of Housing Needs and Constraints
This section summarizes the housing needs of Los Gatos as determined through the comprehensive housing data assessment and analysis presented in Appendix B and serves as the basis for housing goals, policies, and implementation programs. The housing summary gives an overview of population trends: characteristics of the housing stock; housing affordability; and special needs households.

10.2.1 Introduction
The Bay Area continues to see growth in both population and jobs, which means more housing of various types and sizes is needed to ensure that residents across all income levels, ages, and abilities have housing opportunities. While the number of people drawn to the region over the past 30 years has steadily increased, housing production has stalled, due to the high cost of land, contributing to the housing shortage that communities are experiencing. In many communities, this has resulted in residents being priced out, increased traffic congestion caused by longer commutes, and fewer people across income levels being able to purchase homes or meet surging rents.

10.2.2 Los Gatos Overview
As California works to face its housing crisis, the State of California has adopted rules to ensure that the burden of housing an economically diverse and growing population is shared proportionately among all California communities. The Town is committed to meeting the housing challenge, while preserving the essential character of the community. The Town faces some of the following conditions as summarized below:
 Population growth trends in the Town are significantly lower than the County and regional rates.  The Town has more than double the County share of White population and a correspondingly smaller percent of minority populations.
 The Town has a higher share of high-income earners than the County and Bay Area.  The income gap between lower income residents and higher income residents in the Town is higher than the average value for Bay Area jurisdictions.
 Poverty rates are very low in the Town.

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Pages 10-46 and 10-47 of Chapter 10 of the Draft Revised Housing Element (January 2024 version) without recommendation #1 of the January 18, 2024 Housing Element Advisory Board meeting

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HCD Revised Draft Revised 2023-2031 Housing Element
10-46 HCD Revised Draft Revised 2023-2031 Housing Element March SeptemberNovemberJanuary 20232024
Programs
Performance Metric(s)
Delivery of Housing Element
IJ Helping Senior Housing s
PrograResourcesm
Provide financial assistance for health,
safety, emergency and accessibility home
repairs to low-income seniors and lowincome mobile homeowners through the Below Market Price Program funds,
subject to availability of Program funds.

Provide regularly updated senior housing
resource materials at the Adult Recreation
Center, Library, and Farmers’ Market.

Implementation Policies
HE-1.6 Universal Design
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-6.1 Fair Housing
HE-6.2 Financial Assistance
HE-6.3 Housing for Persons with Special Needs
HE-6.4 Affordable Housing Awareness
Responsible Department/Review Authority
Responsible Department/Review Authority
Community Development Department and the
Town Council
Timeframe
Ongoing and annual effort
Update materials annually
Funding Source
Town Affordable Housing Funds
Quantified Objective
Maintain the existing housing stock by funding
three home repairs to lower income seniors
annually
Performance Metric(s)
Measure the number of units assisted versus the
need
JK Small Multi-Unit Housing, “Missing
Middle”
The Housing Element supports the land
use goal of providing opportunities for
housing that can accommodate the
needs, preferences, and financial
capabilities of current and future residents
in terms of different housing types,
tenures, density, sizes, and costs.

Specifically, the Town aims to create
mixed residential neighborhoods through
new and innovative housing types that
meet the changing needs of Los Gatos
households and expand housing in a
variety of neighborhoodsall
neighborhoods. These housing types
include, but are not limited to, single
dwelling units, multifamily dwelling units,
accessory dwelling units, small and micro
units, use of pre-fabricated homes, and
clustered housing/cottage housing. The
Implementation Policies
HE-1.5 Variety of Housing Choices
HE-2.4 Rental Housing
HE-3.3 Efficient Development Processing
Responsible Department/Review Authority
Community Development Department
Timeframe
December 2024
Funding Source
None required
Quantified Objective
Increase the number of small multi-unit housinglowrise multi-family developments by five 50 units from the previous yearover eight years with the goal of
achieving 100% of the units in low to medium
density designations and high median income
areas.

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10. Housing Element
JanuaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element
10-47
Programs
Town will also promote small multi-unit
housing that increases density while
remaining consistent with the building
scale and character present in existing
neighborhoods. This includes multi-family
units or clustered residential buildings that
provide relatively smaller, less expensive
units within existing neighborhoods.

Update the Zoning Code to facilitate low
rise multi-family structuressmall multi-unit
housing in the low to mMedium
Residential Density designations.

TheGeneral Plan defines sSmall multi-unit
housing is defined as multiple units on a
single parcel (whether attached or
detached) that are compatible in scale
and form with detached single-family
homes. Common housing types include
duplexes; triplexes; fourplexes; courtyard
apartments; cottage courts; townhomes;
triplex stacked (vertical); and live-work
spaces.

Promote this program through publication,
to include the following information: Low
rise multi-family dwelling units ranging
from two to 10 units can help meet the
needs of families, seniors and students.

Permit processing times tend to be
shorter than larger multi-family buildings
due to the low-rise nature of the
structures.

Specifically, update the Zoning to allow
for all housing types considered for the
provision of Small Multi-Unit Housing
types as part of Low Density High
Density Residential designations.

Research existing regulatory impediments
to the creation of new housing types that
have the potential to fulfill unmet housing
needs (e.g., tiny homes, co-housing
developments) and if necessary, amend
applicable ordinances and development
standards to facilitate and to allow for
their development at the maximum
density.

Pursue establishment of a maximum
average unit size as a tool to moderate
unit sizes for developments over a certain
size but to allow flexibility for a range of
unit sizes.

Performance Metric(s)
Complete Zoning Code amendment by December
2024 and track the number of entitled Planning
applications received per year

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Pages 10-52, 10-53, and 10-75 of Chapter 10 of the Draft Revised Housing Element (January 2024 version) without recommendation #3 of the January 18, 2024 Housing Element Advisory Board meeting

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HCD Revised Draft Revised 2023-2031 Housing Element
10-52 HCD Revised Draft Revised 2023-2031 Housing Element March SeptemberNovemberJanuary 20232024
Programs
In existing and new rental developments,
the Town could provide a rehabilitation
loan or another form of subsidy to a rental
property owner in exchange for securing
affordability covenants on a percentage of
units and the owner’s agreement to
restrict rents on these units to levels that
would be affordable to very low- and lowincome households.

Affordability covenants for three housing units with
BMP funding to increase the supply of affordable
housing per year
Performance Metric(s)
Number of affordability covenants
UQ Accessory Dwelling Units
Facilitate ADU/JADU production with the
following efforts:
 Waive building fees when an ADU is
deed restricted for very low-and lowincome pursuant to Town Code (Section 29.10.320(a).
 Initiate a marketing program for
homeowners on the benefits of ADUs
and the availability of resources
(templates, cost calculators, technical
support) to support development.

Promote the use of Housing Choice
Vouchers (HCVs) and homesharing
(once established) to make the units
available to lower income
households.
 Collaborate with countywide efforts to
develop pre-approved ADU plans
suitable for Los Gatos, including
designs that are ADA accessible.

Streamline the review and permitting
of ADU’s by publishing pre-approved
plans including plans that are ADAcompliant, which shall be posted on the Town’s website.
 Promote California Housing Finance
Agency (CHFA) ADU grants of
$40,000 available to qualified
homeowners for pre-development
costs.
 Proactively promote information made
available through the Santa Clara
County Planning Collaborative, a joint
initiative of all 16 jurisdictions in the
county on the Town’s website with
resources for interested property
owners.
 Actively apply for grant programs, as
funds are made available to assist
Implementation Policies
HE-1.7 Infill Opportunities in Single-Family
Neighborhoods
HE-2.4 Rental Housing
HE-2.5 Pre-Approved Accessory Dwelling Units
HE-2.6 Promote Accessory Dwelling Unit
Construction
HE-2.7 Senior Housing
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-3.3 Efficient Development Processing
HE-3.5 Development Impact and Permit Fees
Responsible Department/Review Authority
Community Development Department
Timeframe
 Initiate marketing program and
coordinate efforts on preapproved ADU plans (2023)
and other resources and
services (December 2025).
 Select at least three plans and
conduct media campaign to
promote (December 2024)
 Monitor Annually monitor the
production and affordability of
ADUs
 Amend the ADU Ordinance
(January 2024)
 Monitor ADU/JADU production
against projection by July 2027
and develop strategies to
address any potential shortfall
in meeting RHNA by the end of
2027 annually and .adjust, if
necessary, within six months
Funding Source
Below Market Price Housing In-lieu Fees for
Waiving Building Fees and General Fund
Quantified Objective

Page 979 ends

10. Housing Element
JanuaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element
10-53
Programs
property owners in the construction of
ADU’s/JADU’s. Monitor funding
availability annually.
 Develop and adopt objective
standards to allow more than one (at
minimum two) JADUs.

Annually monitor number of
ADU’s/JADU’s produced, affordability
levels. By July 2027, if the production of
ADU/JADU is falling short of the projected
trend, and make adjustmentsthe Town will
initiate developing strategies (additional
incentives, flexible development
standards, and/or identify additional sites
for housing development) to
accommodate a potential shortfall if
determined necessary (i.e. adopt
additional incentives or other
strategies).and assess whether additional
strategies and adjustments are necessary
to increase ADU production, including
searching for innovative funding sources
and revisiting the ADU marketing program
for property owners. shortfall by the end
of 2027.

Amend the ADU Ordinance to comply
with State law.

Work with a nonprofit organization to
administer a homesharing program that
will expand beyond roommate matching,
by assisting homeowners in renting out
ADUs and JADUs, further serving
residents in the region with outreach for
potential tenants.
 Facilitate cConstruction of at
least 200 ADUs or JADUs with
a goal to facilitate construction
of up to 200 350 ADUs or
JADUs throughout the Planning
period with a goal of 5% of
these units being affordable to
lower-income households and
50% in single-family, high
median income neighborhoods
 Publish pre-approved ADU
plans and templates, including
designs that address ADA and
senior housing needs
 Post pre-approved plans on
Town website
 Use the Town’s social media,
website, local press, and
community events to distribute
information
 Adopt objective standards to
allow more than one JADU per
property by July 2025
 Facilitate construction of at least
10 JADUs in low density
neighborhoods
 Through a homesharing
programs, assist homeowners
in renting out available ADUs
and JADUs, especially in
high/higher resource areas
Performance Metric(s)
Number of Building Permits issued; number of
ADU/JADUs rented at a rental rate affordable for
very low-and low-income households
VR Density Bonus
Conduct a study to evaluate the existing
Density Bonus Ordinance and
recommend changes to increase the
number of units constructed. The study
will include an evaluation of the
implementation of the ordinance to date
and actual construction of affordable
housing units that utilized the Density
Bonus. Additional density and height
incentives beyond what the State requires
will be considered (i.e., fee reductions,
add free density of BMP units). The study
shall recommend improvements to the
Ordinance based on the outcome of the
evaluation.

Page 980 ends

10. Housing Element
JanuaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element
10-75
Programs
Measure the number of replacement housing units
entitled that are restricted to low-income
households
BLAV Senate Bill 9 Monitoring
Annually monitor the development of SB 9
applications every year beginning in 2023
to better understand their role in the Los
Gatos housing market if trends
indicate a potential shortfall in meeting
the estimated SB 9 development in the
Sites Inventory, and consider additional
efforts to incentivize SB 9 applications and
reassess and revise the overall sites
strategy for the RHNA within one year
through adjusting SB 9 capacity
assumptions with actual permitted units,
and/or identifying additional sites to expand
site capacity to the extent necessary to
accommodate the RHNA.

Annually monitor the number of SB 9
entitlements produced. By July 2027, if the
production of SB 9 entitlements is falling
short of the projected trend, the Town will
initiate and develop strategies (additional
incentives or provide greater flexibility to
the development standards) to
accommodate a potential shortfall by the
end of 2027.

Based on objective criteria that are
consistent with recent SB 9 applications in
the Town, about 3,000 parcels can
potentially accommodate SB 9 units.

Given the number of SB 9 applications
received during 2023 (four two-unit
development and seven urban lot splits), a
projection of 12 SB 9 units annually is
considered conservative.

Implementation
HE-1.1 Adequate Sites
Responsible Department/Review Authority
Community Development Department
Timeframe
Evaluate effectiveness of SB 9 approvals every
year beginning in 2023; and identify additional
incentives and/or site capacity, if needed by
20252027
Funding Source
General fund (staff time)
Quantified Objective
Prepare Annual Progress Report and issue 96 SB
9 entitlements units over the eight-year period
issue 12 SB 9 building permits per year
Performance Metric(s)
Number of issued SB 9 Building Permits.

BMAW Story Poles and Netting Policy
Update the Review Story Pole and
Netting Policy and explore create
alternative options for residential or
mixed-use projects with affordable
housing to reduce the associated costs of
installing story poles, by providing an
option to provide visuals, video rendering,
or other visual methods in place of story
poles for all multi-family and mixed-use
Implementation
Policy HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Implement by December March 20243, and
evaluate effectiveness of reduced requirements
every year beginning in 2025; and identify

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Intentionally
Left Blank

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From: Veronica Tam
Sent: Thursday, February 1, 2024 10:49 AM
To: Jauregui, Jose @HCD <[email protected]>; Gabrielle Whelan <[email protected]>; McDougall, Paul@HCD <[email protected]>
Cc: Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jamie Power ; Erin Walters <[email protected]>; Jocelyn Shoopman <[email protected]>; Nazanin Salehi
Subject: RE: Los Gatos - Revised HE
[EXTERNAL SENDER]
Hi Paul and Jose –
Just a correction that we are not going for readoption yet. We would like to get the HE to a certifiable status first.

Thanks,
Veronica
Veronica Tam, AICP
Principal
Veronica Tam and Associates, Inc.

From: Veronica Tam
Sent: Thursday, February 1, 2024 10:30 AM
To: 'Jauregui, Jose @HCD' <[email protected]>; Gabrielle Whelan <[email protected]>; McDougall, Paul@HCD <[email protected]>
Cc: Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jamie Power ; Erin Walters <[email protected]>; Jocelyn Shoopman <[email protected]>; Nazanin Salehi
Subject: Los Gatos - Revised HE
Hi Joe and Paul –
Attached (and below) are the revised pages for Los Gatos Housing Element based on our most recent discussions. The Town is going to Planning Commission and Town Council for readoption. We are hoping that you can take a look at these changes before we move to readopt.

Please note the GREEN highlights are new changes.

Revised Pages Only
https://www.dropbox.com/scl/fi/1s5nf8il7zmxk7nd4bhwt/Draft-Revised-Housing-Element-RevisedPages-Only.pdf?rlkey=aiiu0b9s09qfjaxry77ijdulj&dl=0 Full HE with Tracked Changes
ATTACHMENT 14

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https://www.dropbox.com/scl/fi/m1a675bsloxifr09bxolk/Draft-Revised-Housing-Element-TrackChanges.pdf?rlkey=okew0qyjququhbi94f7a81d2v&dl=0 Veronica Tam, AICP
Principal
Veronica Tam and Associates, Inc.

Page 984 ends

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From: Jauregui, Jose @HCD <[email protected]>
Sent: Wednesday, January 24, 2024 8:55 AM
To: Gabrielle Whelan <[email protected]>
Cc: Veronica Tam ; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jamie Power ; Erin Walters <[email protected]>; Jocelyn Shoopman <[email protected]>; Nazanin Salehi ; Barbara E. Kautz
Subject: Re: Los Gatos - adopted Housing Element Overlay Zoning ordinances and draft ordinance amendment attached
[EXTERNAL SENDER]
Thank you for clarifying.

Warm regards,
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Cell: (916) 820-1516
From: Gabrielle Whelan <[email protected]>
Sent: Tuesday, January 23, 2024 4:59:46 PM
To: Jauregui, Jose @HCD <[email protected]>
Cc: Veronica Tam ; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jamie Power ; Erin Walters <[email protected]>; Jocelyn Shoopman <[email protected]>; Nazanin Salehi ; Barbara E. Kautz
Subject: RE: Los Gatos - adopted Housing Element Overlay Zoning ordinances and draft ordinance amendment attached
Hello, Mr. Jauregui. Thank you for your quick review. Here are our answers:

1. how does this apply to the sites in the inventory? Will there also be a zoning map change? • The HEOZ has already been applied to all of the sites in the sites inventory. The overlay zone and change to the zoning map went into effect in December 2023; the updated and more explicit language will apply to all of those sites once the ordinance is approved by Council.

2. Do all the sites in the inventory for the lower-income RHNA meet the 16 units per site minimum number of units?
• Yes, all of the sites in the inventory comply with the 16-unit requirement. As a result of previous revisions to remove low-income RHNA allocations from sites less than .5 acre, the

Page 986 ends

Town complies with the 16-unit requirement. Appendix D of the Housing Element explains how several sites are made up of two smaller parcels, because the parcels are consolidated under a single owner or otherwise are anticipated to develop together.

3. How do they meet the Clovis decision/minimum density issue for base zones that allow residential development? Do the overlay minimum densities prevail? If so, where is that? • Yes, the overlay minimum densities prevail. The revised language included in this ordinance is explicit that projects with residential components must use the HEOZ densities, not the base zoning. Section 29.80.510 (d) states, “Regardless of the underlying zoning designation, no residential use may be developed that does not meet the applicable HEOZ development standards.”
Please let me know if you have any follow-up questions. We are taking the draft amendment to the Planning Commission for a recommendation tomorrow evening.

Thanks again.
(I’m adding Barb Kautz from Goldfarb and Lipman as a cc since Barb also helped us with the ordinance revisions.)
Gabrielle Whelan ● Town Attorney
Town Attorney’s Office ● 110 E Main Street, Los Gatos, CA 95030 Desk: 408.354.6818 ● [email protected]
www.losgatosca.gov [losgatosca.gov] ● https://www.facebook.com/losgatosca [facebook.com] From: Jauregui, Jose @HCD <[email protected]>
Sent: Monday, January 22, 2024 11:00 AM
To: Gabrielle Whelan <[email protected]>
Cc: Veronica Tam ; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jamie Power ; Erin Walters <[email protected]>; Jocelyn Shoopman <[email protected]>; Nazanin Salehi Subject: RE: Los Gatos - adopted Housing Element Overlay Zoning ordinances and draft ordinance amendment attached
[EXTERNAL SENDER]
Good morning Gabrielle,
Just a few questions following a review of the draft ordinance provided.

1. how does this apply to the sites in the inventory? Will there also be a zoning map change?

2. Do all the sites in the inventory for the lower-income RHNA meet the 16 units per site minimum number of units?

3. How do they meet the Clovis decision/minimum density issue for base zones that allow residential development? Do the overlay minimum densities prevail? If so, where is that?

Page 987 ends

Warm regards,
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Cell: (916) 820-1516
[twitter.com] [facebook.com] [landlordtenant.dre.ca.gov] From: Jauregui, Jose @HCD
Sent: Friday, January 19, 2024 9:51 AM
To: Gabrielle Whelan <[email protected]>
Cc: Veronica Tam ; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jamie Power ; Erin Walters <[email protected]>; Jocelyn Shoopman <[email protected]>; Nazanin Salehi Subject: RE: Los Gatos - adopted Housing Element Overlay Zoning ordinances and draft ordinance amendment attached
Received, thanks!
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Cell: (916) 820-1516
[twitter.com] [facebook.com] [landlordtenant.dre.ca.gov] From: Gabrielle Whelan <[email protected]>
Sent: Friday, January 19, 2024 9:47 AM
To: Jauregui, Jose @HCD <[email protected]>
Cc: Veronica Tam ; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jamie Power ; Erin Walters <[email protected]>; Jocelyn Shoopman <[email protected]>; Nazanin Salehi Subject: RE: Los Gatos - adopted Housing Element Overlay Zoning ordinances and draft ordinance amendment attached
Hello, Mr. Jauregui. Attached is a clean version of the proposed Housing Element Overlay Zone ordinance. I inadvertently sent you a working draft yesterday. Thank you.

Page 988 ends

Gabrielle Whelan ● Town Attorney
Town Attorney’s Office ● 110 E Main Street, Los Gatos, CA 95030 Desk: 408.354.6818 ● [email protected]
www.losgatosca.gov [losgatosca.gov] ● https://www.facebook.com/losgatosca [facebook.com] From: Jauregui, Jose @HCD <[email protected]>
Sent: Friday, January 19, 2024 9:40 AM
To: Gabrielle Whelan <[email protected]>
Cc: Veronica Tam ; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jamie Power ; Erin Walters <[email protected]>; Jocelyn Shoopman <[email protected]>; Nazanin Salehi Subject: RE: Los Gatos - adopted Housing Element Overlay Zoning ordinances and draft ordinance amendment attached
[EXTERNAL SENDER]
Thank you Gabrielle!
Warm regards,
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Cell: (916) 820-1516
[twitter.com] [facebook.com] [landlordtenant.dre.ca.gov] From: Gabrielle Whelan <[email protected]>
Sent: Thursday, January 18, 2024 12:34 PM
To: Jauregui, Jose @HCD <[email protected]>
Cc: Veronica Tam ; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jamie Power ; Erin Walters <[email protected]>; Jocelyn Shoopman <[email protected]>; Nazanin Salehi Subject: Los Gatos - adopted Housing Element Overlay Zoning ordinances and draft ordinance amendment attached
Hello, Mr. Jauregui. Per our call this morning, attached for your review are:

Page 989 ends

1. The adopted Housing Element Overlay Zoning (“HEOZ”) ordinances (one establishing the development standards for the Housing Element Overlay Zone and three others applying the Housing Element Overlay Zone to specific parcels).

2. The staff report accompanying proposed amendments to the HEOZ ordinance, which summarizes the changes.

3. The draft amendment to the HEOZ ordinance which established the development standards for the Housing Element Overlay Zone, which will be presented to the Planning Commission on 1/24 and to the Town Council on 2/6.

Thank you for your time this morning and your review of the Town’s proposed ordinance amendments. If you have any questions about this material, recommended edits, or would like to discuss, please let me know. I’ve included Nazanin Salehi of Goldfarb & Lipman, who is assisting the Town with the proposed ordinance amendments.

Page 990 ends

1 of 5
HEOZ Ordinance January 24, 2024

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE TO DEFINE “BY RIGHT APPROVALS” AND AMEND THE HOUSING
ELEMENT OVERLAY ZONE AS DIVISION 5 OF ARTICLE VIII, “OVERLAY ZONES AND HISTORIC PRESERVATION.”
ZONING CODE AMENDMENT APPLICATION Z-24-001
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the Town of Los Gatos 2023-2031 Housing Element identifies amending the Town Code to create the Housing Element Overlay Zone as a strategy to accommodate the Town’s Regional Housing Needs Allocation (RHNA); and
WHEREAS, the Planning Commission at its meeting on August 23, 2023, reviewed the proposed Town Code amendments, held a public hearing, and forwarded a recommendation of approval to the Town Council; and
WHEREAS, on October 3, 2023, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed Town Code amendment and held a public hearing; and
WHEREAS, on November 7, 2023, the Town Council reviewed the proposed Town Code amendments, held a public hearing, and introduced the ordinance to amend the Town Code to modify the Affordable Housing Overlay Zone to be the Housing Element Overlay Zone; and WHEREAS, the Town Council adopted Ordinance No. 2347 to enact the proposed Town Code amendments on November 21, 2023; and
WHEREAS, on December 1, 2023, the Town received comments from the State Housing and Community Development Department (HCD) regarding the adopted Housing Element Overlay Zone ordinance; and
WHEREAS, staff has prepared a revised ordinance to address HCD’s comments; and WHEREAS, the Planning Commission at its meeting on January 24, 2024, reviewed proposed Town Code amendments, held a public hearing, and forwarded a recommendation of _______to the Town Council; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law Draft Ordinance: Subject to
modification by Town Council based
on deliberations and direction.

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2 of 5
HEOZ Ordinance January 24, 2024
and came before the Town Council on _____, 2024.

WHEREAS, on ______, 2024, the Town Council accepted the report of the Planning Commission’s recommendation of ______ for the proposed Town Code amendments, held a public hearing, and introduced an ordinance to add a definition of “by right approval” and modify the HEOZ Ordinance; and
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” of the Town Code is amended to add the following between the definitions of “Business or commerce” and “Carport” to read as follows:

By right approval shall have the meaning set forth in Government Code Section 65583.2 (i).

SECTION II. Division 5 of Article VIII, “Overlay Zones and Historic Preservation,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

ARTICLE VIII. OVERLAY ZONES AND HISTORIC PRESERVATION
…
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.505. Intent.

The Housing Element Overlay Zone (HEOZ) ordinance in this division is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, concessions, and fee deferrals or waivers, the HEOZ encourages the development of housing affordable to all income levels on sites within the Town that are deemed to be most appropriate for such uses. The Housing Element lists sites within the Town of Los Gatos as key housing opportunities. The designation of these sites will assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the State.

Sec. 29.80.510. HEOZ and underlying zoning.
(a) “By right” residential developments on sites with underlying zoning of RM, CH, or NF-SP (Table 1A below). Pursuant to Government Code Section 65583.2, subsections (h) and (i), in the HEOZ, residential developments with at least 20 percent of the units proposed for “low income” households and without a subdivision are subject to “by right approval.” These developments are subject to the following:

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3 of 5
HEOZ Ordinance January 24, 2024

1. The developments must be developed at the densities specified in Table 1A below and in no event shall any residential development projects be developed below the minimum density of 30 units per acre.

2. The developments shall be subject to non-discretionary design review based on objective development standards in accordance with the procedures specified in Article II, "Administration and Enforcement,” of Chapter 29, “Zoning Regulations,” of the Town Code.

3. No California Environmental Quality Act review shall be required.

4. Subdivisions remain subject to all applicable state and local laws, including but not limited to the Subdivision Map Act.

5. Residential units shall occupy at least 50 percent of the floor area in all mixed-use projects.

6. For residential developments and mixed-use projects, the standards set forth in Table 1A shall apply.

Table 1A HEOZ Development Standards for “By Right” Residential Development General Plan
Land Use
Designation
Zoning Minimum Yards Maximum
Lot
Coverage
Maximum
Floor Area
Ratio (FAR)
Maximum
Height
Limit (ft)
Density
Units Per Acre
High Density
Residential
R-M As authorized by
Section 29.40.645
75% N/A 45 feet 30-40
Mixed-Use CH As authorized by
Section 29.60.435
N/A 3.0 45 feet 30-40
North Forty
Specific Plan
NF-SP As defined in
Specific Plan
As defined
in Specific
Plan
As defined
in Specific
Plan
As defined
in Specific
Plan
30-40
(b) For all other residential developments other than those described in subsection (a), the standards set forth in Table 1B below shall apply.

Table 1B HEOZ Development Standards for Other Residential Development General Plan
Land Use
Designation
Zoning Minimum Yards Maximum
Lot
Coverage
Maximum
Floor Area
Ratio (FAR)
Maximum
Height
Limit (ft)
Density
Units Per Acre
Low Density
Residential
R-1 As authorized by
Section 29.40.405
50% N/A 30 feet 0-5
Medium Density
Residential
R-1D, R-D,
and R-M
As authorized by
Section 29.40.405,

29.40.530, and

29.40.645
75% N/A 35 feet 14-22 or 5-12
in Very High
Fire Hazard
Severity Zones
Neighborhood
Commercial
C-1 As authorized by
Section 29.60.225
N/A 1.0 35 feet 10-20

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4 of 5
HEOZ Ordinance January 24, 2024
Central Business
District
C-2 As authorized by
Section 29.60.335
N/A 2.0 45 feet 20-30
Office
Professional
O As authorized by
Section 29.60.100
N/A 1.0 35 feet 10-20
(c) The underlying zoning development standards will remain in effect for all other development without a residential component.
(d) Regardless of the underlying zoning designation, no residential use may be developed that does not meet the applicable HEOZ development standards. (e) Where standards are not specified, the development standards provided in the underlying zoning district shall apply.

SECTION III. CEQA.

The Town Council finds as follows:

A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed Town Code amendments; and
B. The Town Code amendments are consistent with the General Plan and its elements; and C. That all proceedings have been conducted in compliance with the provisions of Government Code Section 65850 et seq.

SECTION IV. EFFECTIVE DATE.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the _______ day of_______, 2024, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of ___________, 2024. This ordinance shall take effect 30 days after the date it is adopted. The Town Clerk shall cause this ordinance or a summary thereof to be published in accordance with Section 36933 of the California Government Code.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

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HEOZ Ordinance January 24, 2024
SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: ________________

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From: Jauregui, Jose @HCD <[email protected]>
Sent: Friday, January 19, 2024 9:26 AM
To: Veronica Tam
Subject: Town of Los Gatos Informal Clarifications
Hi Veronica,
As discussed in our TA call, I have included in this email some clarifications on the following items identified in the informal review matrix.

1. RCAA: The town must expand the analysis of what has contributed to being a RCAA including zoning, land use, past investment or lack of investment, local opposition to housing types. For example, you can include the North 40 lawsuit on a project that had higher density with affordability. Additionally, include the TCAC scores within this analysis. Following the complete analysis of the RCAA the town should re-evaluate contributing factors to see if there are other contributing factors needed to be identified or need to be reprioritized.

2. Program D: Should be revised to remove unit cap or clarify that the unit cap will not be implemented to allow maximum build out of each parcel or circumstances warranting allowable densities.

3. Program AW: Program should be revised to include a list of visual methods the city will allow.

For example, video, visuals or other methods. In addition, its important to note that the program should not be limited to going over 55 ft. This language should be removed/revised.

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Town of Los Gatos Informal Preliminary Review
Received 12/24/2023
Prior Review: 12/01/2023
Prior HCD Finding Page # Prelim
Revie
w
Notes
Affirmatively Furthering Fair Housing
Income and Racial Concentration Area of Affluence (RCAA):

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) to better formulate
appropriate policies and programs. 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.

A-69 ~/No Minimal analysis added; should
address trends, coincidence with
other factors (e.g., income, TCAC),
past strategies and effectiveness
such as result of North 40 in the
prior planning period, zoning, land
use and other factors. These
analyses should be incorporated
into contributing factors
Contributing Factors to Fair Housing Issues: Based on a complete analysis, the element should re-assess and prioritize contributing factors to fair housing issues. For example, the Town is wholly a RCAA, highest resource and highest median incomes in contrast to the rest of the region. As a result, fair housing issues such as the lack of affordable housing and segregation from the rest of the region should be a high priority.

A-18 ~ Re-assess based on a complete
analysis
Goals and Actions: As noted above, the element must include a complete analysis of affirmatively furthering fair housing (AFFH). The element must be revised to add goals and
actions based on the outcomes of a complete analysis.

In addition, while the element includes some actions toward AFFH and enhancing housing mobility (e.g., choices and
10-43-
10-50-
10-65
10-66
~/No See Programs J, L, O, Q, T, AV
Program J should clarify that
capacity will be increased (not just
zoning text), development
standards will be adjusted to
facilitate maximum densities and

Page 999 ends

affordability), actions should be added, numeric targets should be increased, and geographic targeting should be fine-tuned to better promote inclusive neighborhoods throughout the Town. This is particularly important since over 80 percent of the lower-income regional housing need allocation (RHNA) is isolated in two census tracts. As noted in HCD’s prior review and the assessment of fair housing, the Town is wholly a racially concentrated area of affluence, highest resource and highest median incomes in contrast to the rest of the region.

These conditions and circumstances warrant significant and robust actions (not limited to the RHNA) to promote housing mobility and increasing housing choices and affordability throughout the Town, including lower-density neighborhoods.

Actions should be added and revised with aggressive numeric targets and geographic targets throughout the Town, including lower-density neighborhoods. Examples include creating more housing choices and affordability in single-family
neighborhoods beyond complying with law (e.g., SB 9, ADUs) such as missing middle housing types, targeting affordable housing funding, homesharing, more than one unit of
converted space within a single-family structure, increased multifamily capacity, enhanced efforts on religious institutional sites and other alternative land use and financing strategies. increase the objective (~150 units)
or add strategies (religious
institutional, JADU plus, SB 10)
Consider adding JADU plus to
ADU HCV homesharing program
and increasing objective
Program AV should go beyond
complying with SB 9 (marketing,
modification to development
standards)
For all housing mobility actions
(Programs J, L, O, Q, T, AV),
geographic targeting should be
revised to clarify town-wide
including highest median income
areas and numeric targets should
be reflected with geographic
targeting (e.g., 100 units townwide
and 50% in highest median income
areas)
Sites Inventory, Analysis and Adequate Sites
Small Sites: The element identifies several sites with parcels less than a half-acre (p. D-13) that have common ownership and, in some cases, expressed interest to redevelop the site.

For small sites with expressed interest in redevelopment, the element should clarify that the expressed interest is also in consolidating the sites. For the remaining sites (Sites D-2 and D-5), the element should explain the circumstances leading to the potential for consolidation such as necessity to consolidate due to access, feasibility, shape, or site planning flexibility.

Based on the outcomes of this analysis, the element should add or modify Program K (Lot Consolidation) to further
promote lot consolidation, if appropriate.

D-2 Yes
Electronic Sites Inventory: For your information, while the Town has submitted an electronic sites inventory as part of

N/A FYI

Page 1000 ends

this submittal, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-andcommunitydevelopment/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at
[email protected] for technical assistance
Adequate Sites Programs: As noted in the prior review, if necessary to make appropriate zoning available to
accommodate the lower-income RHNA, programs must be
revised to meet all requirements pursuant to Government Code section 65583.2, subdivisions (c), (h) and (i). The element includes Programs D (Program By Right Zoning Text Amendment to Accommodate RHNA), AR (General Plan
Amendment) and AS (Adequate Sites for Housing) to address these requirements. With respect to sites identified in prior planning periods, the element meets statutory requirements, but these actions must be completed by January 31, 2024.

With respect to a shortfall of adequate sites to accommodate the lower-income RHNA, the element includes Programs AR and AS. However, the Programs commit to the appropriate zoning given the rezoning occurs after the statutory deadline of January 31, 2023. HCD understands the Town completed the rezoning after the statutory deadline and, therefore, the rezoning must meet all by right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i).

Based on a cursory review, the rezoning does not appear to meet these requirements. As a result, these programs must clearly commit to meet all by-right requirements by January 31, 2024.

In addition, please be aware, the recent California appellate decision in Martinez v. City of Clovis found that while overlays can be used in a rezone, when the base zone allows
residential development, both the base zone and the overlay zone must comply with the minimum density requirements of Government Code section 65583.2, subdivision (h). The Town may need to adjust its rezoning strategy if the underlying zoning for sites that will be rezoned allows minimum densities Not
Found
No/? Revisions?

Page 1001 ends

less than 20 dwelling units per acre. Martinez v. City of Clovis (2023) 90 Cal.App.5th 193, 307 Cal.Rptr.3d 64.

Governmental Constraints
Land Use Controls: HCD’s prior review found that the Town must list and evaluate development standards in the North Forty Specific Plan and High Density Residential and
Commercial designation. In response, the Town has now
listed development standards by each zoning district but should also analyze those development standards for impacts on housing supply and cost and most importantly, the ability to encourage maximum densities without exceptions. For
example, lot coverages, heights, and setbacks in the
Multifamily Residential (RM) zone; and lot coverage heights and guest parking requirements in the North Forty Specific Plan could be constraints. Based on the outcomes of a
complete analysis, the element should add or modify
programs to include specific commitment to review and revise these development standards as necessary.

C-1
C-5
10-62
? RM parking program? Guest
parking reduced?
Guest parking and lot coverage in
the North Forty Specific Plan
analyzed?
Local Processing and Permit Procedures: The element now discusses decision-making bodies and lists approval findings for the Architecture and Site Application. However, the element should also analyze these processes to better inform programs to address identified constraint. For example, the element mentions the decision-making body depends on the scope of the application. The element should explain the scope, resulting decision-making body and impacts on
approval timing and certainty. In addition, the element lists approval findings and concludes some findings may be
constraints then modifies Program AQ (Zoning Code
Amendments) to amend approval findings (considerations).

But the element should discuss which approval findings may be constraints to better inform implementation of Program AQ. 10-62 No/? See Program AQ
Program should remove or modify
Findings 4 and 6 of the
architectural and site process
Scope trigger for approval body
analyzed? Addressed?
Programs: As noted above, 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. In addition, programs should be revised, as follows:

TBD Depends on complete analysis

Page 1002 ends

Program D (Additional Capacity for the North Forty Specific Plan): The Program should also commit to establish or modify development standards to facilitate achieving maximum
densities, regardless of the level of affordability and should specify to either remove the unit cap or increase the unit cap to allow maximum build out of each parcel, including State Density Bonus Law or other circumstances that might warrant increasing allowable densities.
10-41 ~/No/? No action included to modify
development standards?
No action to remove cap.

Commitments should also not
implement the cap to allow
maximum build out of each parcel
or other circumstances warranting
increasing allowable densities
Program V (Housing opportunities for Persons living with Disabilities): Given the importance of promoting housing access for persons with disabilities, the Program could be modified with a date earlier in the planning period (e.g., by December 2024).
? No/? Revisions?
Program AA (Reduce Parking Standards): The Program
currently commits to “Initiate a study to determine specific updates…” While initiating a study and making a
determination are important steps by themselves, these
actions do not result in outcomes. The Program should clearly commit to amending the municipal code. For example, the Program could commit to: “Initiate a study and outreach, including with developers, and amend the Municipal Code, as follows:…”
10-53 Yes
Program AQ (Zoning Code Amendments): The Program
commits to apply the Housing Element Overlay Zone (HEOZ) to identified sites and modify development standards. HCD understands this action has been completed. Based on a
cursory review of the Town’s Ordinance 2347, some
development standards such as heights may be a constraint on achieving maximum densities. As a result, this Program should commit to monitor and evaluate these development standards, including outreach with the development
community, and making adjustments, as appropriate, by a specified date.
10-61 ~/No Include a timeline when
amendments will be completed, if
necessary (e.g., 6 months)
Program AW (Story Poles and Netting Policy): While the
Program now commits to revise Story Poles and Netting
Policy Requirements; these requirements are constraints and impact housing costs; supply (number of units) and approval certainty and should be removed or replaced with cost
effective measures to promote certainty for the developers 10-65- No Program AW
Video rendering should be
expanded to other visual methods

Page 1003 ends

and the community. Further, the element should evaluate the effectiveness of any future requirements or measures, and making adjustments, as necessary, by a specified date (e.g., by 2028).

Scope of alternative should be
expanded to all multifamily and
mixed use
Housing Programs: ADU
Program Q Accessory Dwelling Units (ADU): While the
Program now commits to amend the ADU Ordinance, it must also commit to establish incentives such as modifying
development standards (e.g., heights), pursuing funding; waiving fees beyond ADU law; proactive marketing and
establishing points of contact to ease permitting processes. In addition, the Program commits to monitor production and affordability of ADUs annually but should also commit to making adjustments by a specified date (e.g., within six months) if production and affordability are not meeting assumptions. Further, the Program should clearly commit to options beyond incentives such as rezoning if production and affordability far differs from assumptions.
10-48- Yes
Public Participation:

Public participation in the development, adoption and
implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD. HCD particularly encourages the Town to continue engaging commenters on
this review. These comments contained valuable insights that can result in a more effective housing elements, especially related to programs and specific commitment. HCD’s future reviews will continue to consider the extent to which the revised element documents how the Town solicited,
considered, and addressed public comments in the element. ? Revisions?

Page 1004 ends

The Town’s consideration of public comments must not be limited by HCD’s findings in this review letter.

Other (HCD use only)
Public comments TBD Must address new public
comments
Document availability FYI
Rezone timing FYI Cant be found in full compliance
until all rezones are complete
50% nonvacant resolution FYI
Electronic sites inventory FYI
Overlay No Program AQ HE Overlay zone
Modification Authority N/A Informal submittal

Page 1005 ends

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From: Veronica Tam
Sent: Wednesday, January 17, 2024 8:39 AM
To: Jauregui, Jose @HCD <[email protected]>
Cc: McDougall, Paul@HCD <[email protected]>; Erin Walters <[email protected]>; Jennifer Armer <[email protected]>
Subject: Re: Los Gatos
Okay. Will do!!
Sent from my iPhone
On Jan 17, 2024, at 8:30 AM, Jauregui, Jose @HCD <[email protected]> wrote:

That also works with my schedule. Veronica can you please send over a teams invite please? Warm regards,
<Image.png>
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Cell: (916) 820-1516
<Image.png>
<Image.png>
[twitter.com]
<Image.png>
[facebook.com]
<Image.png>
[landlordtenant.dre.ca.gov]
From: Veronica Tam
Sent: Wednesday, January 17, 2024 8:23:38 AM
To: McDougall, Paul@HCD <[email protected]>
Cc: Jauregui, Jose @HCD <[email protected]>; Erin Walters <[email protected]>; Jennifer Armer <[email protected]>
Subject: Re: Los Gatos
That works for me.

Sent from my iPhone
On Jan 17, 2024, at 8:20 AM, McDougall, Paul@HCD <[email protected]> wrote:

Page 1007 ends

1030a tomorrow works; we could maybe squeeze something in today but it’s a bit crammed From: Veronica Tam
Sent: Tuesday, January 16, 2024 9:42 AM
To: McDougall, Paul@HCD <[email protected]>; Jauregui, Jose @HCD <[email protected]>
Cc: Erin Walters <[email protected]>; Jennifer Armer <[email protected]> Subject: Los Gatos
Any chance with a quick meeting before the Town’s meeting on Thursday night? Veronica Tam, AICP
Principal
Veronica Tam and Associates, Inc.

Page 1008 ends

THIS PAGE HAS BEEN LEFT INTENTIALLY BLANK

Page 1009 ends

From: Veronica Tam
Sent: Sunday, December 24, 2023 6:24 PM
To: Jauregui, Jose @HCD <[email protected]>; Joel Paulson <[email protected]> Cc: Jennifer Armer <[email protected]>; McDougall, Paul@HCD <[email protected]>; Jocelyn Shoopman <[email protected]>
Subject: RE: Los Gatos Housing Element
[EXTERNAL SENDER]
Hi Jose –
Attached please find the revised pages with revisions to address comments from the December 1 letter, based on our meeting recently. We are hoping that you and Paul can take a look at these changes to keep us moving forward. Specifically, revisions have been made to:
- Add regional data for RCAA analysis and revise the priority for mobility issues - Address the small sites/lot consolidation potential
- Include additional discussions on development standards – height, parking, and open space requirements
- Include additional actions to address development standards, program actions to promote mobility (SB 9, additional ADU actions, small multi-family housing in low density neighborhoods, homesharing)
All new changes are highlighted in blue. Please let me know if you have any questions.

Thanks,
Veronica Tam, AICP
Principal
Veronica Tam and Associates, Inc.

Page 1010 ends

HCD Revised Draft 2023-2031 Housing Element
A-18 Appendix A November 2023
▪ The Town will participate in housing outreach outside of the Town boundaries to the greatest extent possible. Outreach activities are further detailed in Section 10.6, Implementation Programs of this Housing Element.

Fair Housing Issue
Los Gatos’ households are segregated by income, and income segregation is higher in the Town than in other Bay Area jurisdictions. Further, most of the Town is considered an RCAA, with nonHispanic White and higher income household majority populations. While the Town has median incomes comparable to neighboring jurisdictions, the proportion of non-Hispanic White residents in Los Gatos is higher than the countywide trend. The Town may lack sufficient housing opportunities suitable for lower income households and outreach about such opportunities for protected groups including communities of color.

Priority Level: High
Contributing factors:
▪ Lack of affordable housing overall is due to the high percentage of above moderate rate single-family housing stock in Town.
▪ The Town will address this issue by allocating a percentage of the Town Affordable Housing (Below Market Price) Fund to subsidize housing for extremely low-income households as identified in Implementation Program N.
▪ Segregation of the limited affordable housing in Town is predominately located in the central portion of Town due to a limited area of where multi-family dwelling units are permitted. ▪ The Town will use “Affirmative Marketing” strategies, as described in Implementation Program ATI, to work with affordable and market rate housing developers to ensure that affordable housing is affirmatively marketed to households with disproportionate housing needs, including Hispanic and Black households who work in and live outside of Los Gatos (e.g., materials in Spanish and English, distributed through employers). The Town will also amend its Zoning Ordinance in order to increase the development of affordable housing. ▪ Opportunities, including employment, environmental, economic, and housing may not be accessible to all residents, especially those in vulnerable populations.
▪ In addition to Program AT described above, Los Gatos will implement programs to facilitate the development of affordable housing, including special needs housing, to increase housing opportunities in the Town (Programs D, E, L, N, O, W). The Town will also serve vulnerable populations through Senior Housing Resources (Program I), Housing Opportunities for the Homeless (Program U), Assistance for Persons with Developmental Challenges (Program V), and Supportive Services for the Homeless (Program Y). The Town also aims to increase transportation opportunities for new households through Program AF, Transit Oriented Development.

Fair Housing Issue

Page 1011 ends

Appendix A. AFFH Report
November 2023 Appendix A A-69
RCAAs. An RCAA is a census tract (1) with a percentage of its total White population that is 1.25 times higher than the average percentage of the COG region’s White population; and (2) has a median income that is 2 times higher than the COG Area Median Income (AMI). Generally, these are understood to be neighborhoods in which there are both high concentrations of non-Hispanic White households and high household income rates. As shown in Figure A-19, when comparing Los Gatos to the surrounding county and region, it is safe to speculate that the Town has more RCAAs than other communities, the county, and the region.

The majority of the Town is located within an RCAA with the exception of census tract 5067.03 located in the northern portion of the Town, north of Interstate Highway 85 and west of California State Route 17.

Figures A-41 and A-42 show RCAAs in Los Gatos and the region. Los Gatos a racially concentrated area of affluence (RCAA). Saratoga only has few census tracts identified as RCAAs similar to Southern San Jose and parts of Campbell. Cupertino, Santa Clara, and Sunnyvale have no areas with a high enough concentration of racial affluence to be identified as an RCAA. These trends are similar to the region overall which shows several census tracts as an RCAA.

As discussed above, Los Gatos has a median income comparable to many neighboring cities. The median household income in the Town is lower than Cupertino, Monte Sereno, and Saratoga. Despite having a lower median household income, Los Gatos has a higher concentration of RCAA tracts compared to Cupertino and Saratoga. This is likely due to the racial/ethnic minority populations in these cities. Also discussed above, Saratoga and Cupertino have non-White populations of 61 percent and 77.5 percent, respectively, compared to only 29.9 percent in Los Gatos. While the proportion of White residents has decreased in the Town and County over the last decade, Los Gatos still has a significantly higher population of White residents (72 percent) compared to the County (32 percent) and the Bay Area (39 percent). As discussed above, 65 percent of Los Gatos households earn more than 100 percent of the AMI, compared to 55 percent for the county and 52 percent for the Bay Area
As shown in Figure A-22 above, most Los Gatos and Campbell tracts have non-Hispanic White majority populations while Saratoga, Cupertino, and Sunnyvale have Asian majority populations. Despite being comprised of tracts with median incomes similar to these jurisdictions (Figure A-38), Los Gatos has more RCAAs. As mentioned above, this is likely due to the larger White populations in Los Gatos. However, concentrations of RCAAs in Los Gatos are similar to other jurisdictions west of the 101 Freeway, stretching from the west side of Gilroy to Pacifica. Jurisdictions along the 85 and 280 Highways, from Los Gatos to Burlingame (San Mateo County) are also comprised of mostly TCAC highest resource tract (Figure A-45).

All tracts in Los Gatos, except tract 5067.03 in the northeast corner of the Town, also encompassing part of the City of Campbell, are considered RCAAs. Tract 5067.03 is a high resource area. The remaining RCAA tracts in Los Gatos are described in detail in Table A-4. All RCAAs are also highest resource areas with majority nonHispanic White populations. All the RCAAs in the City also have median household incomes exceeding $150,000.

According to the HCD AFFH Data Viewer 2.0, there are three subsidized housing projects in Los Gatos. One has 49 affordable units and is located in tract 5068.01, which is considered an RCAA. The other affordable projects, Villa Vasona (105 affordable units for seniors/persons with disabilities) and Open Doors (64 affordable units), are in tract 5067.03, the only tract in Los Gatos that is not considered an RCAA. This tract, and the areas along State Route 17, have higher concentrations of areas zoned for multi-family housing. Nearly all of the areas in the central and eastern areas of the Town are zoned for single-family residential uses. The Town’s Zoning Map is presented in Figure A-43.

RCAAs are prevalent in Los Gatos due to the small racial/ethnic minority population and to limited affordable housing projects and multi-family zoned areas. However, programs outlined in this Housing Element promote fair housing through increased housing opportunities in these high resource RCAAs. Specifically, as described in Section 10.5, Goals, Policies, and Implementation Programs, the Town will facilitate the buildout of the North Forty Specific Plan and increase allowed density (Program D), subsidize housing for extremely low income households (Program N), and provide incentives for affordable housing development (Program O). The Town will also implement affirmative marketing strategies for affordable housing opportunities in the Town.

Page 1012 ends

HCD Draft Revised 2023-2031 Housing Element
C-5 Appendix C January 2024
and surrounding properties is multiple residential. The R-M zone is the major multiple residential zoning district in the Town and is designed to allow various density ranges. The applicable General Plan land use category for the R-M zone is High Density Residential.
• Minimum lot area: 8,000 square feet.
• Minimum lot width: 60 feet.
• Maximum lot coverage: The maximum lot coverage is 40 percent for a residential project. • Maximum building height: The maximum building height is 30 feet for a residential project, except when the building has below grade parking the maximum is 35 feet. • Setback requirements for a mixed-use project:

Front 25 feet
Rear 20 feet
Side, single-family and two-family
dwellings
8 feet
Side, multiple-family dwellings.

Provided that if the wall facing the
side yard contains:
10 feet
a. Bedroom windows 12 feet
b. Living room windows 20 feet
Side abutting street 20 feet
• Parking requirements for a multi-family residential development: One and one-half times the number of living units in such dwellings, as well as one visitor parking space for each residential unit, unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s).
• Location of buildings and courts:
o 24 feet between buildings, provided that there is 40 feet between any wall of a building; o 20 feet between opposing walls for a court, provided that the opposing walls contain:
▪ Living room windows, the minimum distance is 40 feet. ▪ Bedroom windows, the minimum distance is 24 feet.
• Recreational open space for multiple-family dwellings:
o For multi-family residential development: 200 square feet per unit. o For condominiums: 200 square feet per unit for a ground floor unit. 120 square feet per unit for a dwelling unit above the ground floor.

One of the greater constraints on development in the R-M zone is the parking requirements for multi-family residential development. The Housing Element includes a program to initiate amendments to the Town Code to reduce parking requirements for projects near transit, to remove guest parking requirements, and allow parking to be unbundled from residential units.

Cumulative Impacts of Development Standards
The Town generally requires two parking spaces per single-family unit (attached or detached) but 2.5 parking spaces (inclusive of guest parking) per multi-family unit. One of the greater constraints on development in the RM zone is the parking requirements for multi-family residential development. The Housing Element includes a

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Appendix C. Governmental and Non-Governmental Constraints January 2024 Appendix C C-1
program to initiate amendments to the Town Code to reduce parking requirements for projects near transit, to remove guest parking requirements, and allow parking to be unbundled from residential units.

As for height, the Town permits 30 to 35 feet for housing up to 20 units per acre. This height limit is more than adequate to accommodate the allowable density. Within the new Housing Element Overlay Zone, the Very High Density Residential, Mixed Use Commercial, and North Forty Specific Plan have increased height to 45 feet accommodate the 30 to 40 dwelling units per acre. Furthermore, the Town Code does not limit height by the number of stories. This approach allows the developers the flexibility to accommodate the allowable density and creative design (such as split-levels). The Town Code’s definition of height excludes towers, spires, elevator and mechanical penthouses, cupolas, wireless telecommunication antennas, similar structures and necessary mechanical appurtenances that are not used for human activity or storage. Therefore, the height limit of 45 feet does not impede development of four-story buildings or the achievement of 40 units per acre.

Currently, open space requirements are different for multi-family housing from condominium units. This Housing Element includes a program action to align the open space for these housing types as part of the objective design standards.

Overall, developments in the Town rarely reach the high end of the density range, primarily due to market reasons. For multi-family housing, lower density townhome developments with larger units typically command higher prices and profits. To facilitate a range of housing unit sizes and prices, this Housing Element includes a program action to establish a maximum average unit size for multi-family development over a certain size. This performance standard will moderate unit sizes but still allow developers the flexibility to include some large units.

Housing Types Permitted
The Town regulates the type, permitting requirements, and standards for development, which implements the General Plan and its land use designations, through the Town’s Zoning Ordinance, Chapter 29 of the Municipal Code. This code section identifies residential zoning districts and allowable housing types as summarized in Table C-2 below.

Table C-2 Housing Types Allowed by Zoning District
Zoning District Residential Permitted Uses Residential Uses Allowed with a Conditional Use Permit
Resource
Conservation
Zone
(RC)
• Single-family dwelling, provided that there is
not more than one (1) principal residential
structure on a lot
• Accessory dwelling units
• Junior accessory dwelling units
• Residential care facility, small family home
• Residential care facility-large family home
• Residential care facility-group home
• Caretaker residence
Hillside
Residential (HR)
• Single-family dwelling, provided that there is
not more than one (1) principal residential
structure on a lot
• Accessory dwelling units
• Junior accessory dwelling units
• Residential care facility, small family home
• Residential care facility-large family home
• Residential care facility-group home
• Caretaker residence
Single-Family
Residential
Zone
(R-1)
• Single-family dwelling, provided that there is
not more than one (1) principal residential
structure on a lot
• Accessory dwelling units
• Junior accessory dwelling units
• Residential care facility, small family home
• Residential care facility-large family home
• Residential care facility-group home

Page 1014 ends

10. Housing Element
January 2024 HCD Draft Revised 2023-2031 Housing Element 10-41 Programs
Performance Metric(s)
Number of units and affordability level applied for;
number of units and affordability level entitled;
number of units and affordability level permitted;
number of units and affordability level completed
D Additional Housing Capacity for the
North Forty Specific Plan
Amend the North Forty Specific Plan to
allow for a density from 30 dwelling units
per acre to 40 dwelling units per acre and
increase the total number of dwelling units
allowed in the Specific Plan.

Sites identified in the North Forty Specific
Plan Area are reuse sites and must permit
owner-occupied and rental multi-family
uses by-right for developments in which
20 percent or more of the units are
affordable to lower-income households.

See Implementation Program AR and AS.

Amend the North Forty Specific Plan to
include a policy specifying that additional
units as a result of the State density
bonus law, SB 330, and other applicable
state laws will not count toward the unit
cap and the unit cap will not impede the
achievement of the RHNA.

Implementation Policies
HE-1.1 Adequate Sites
HE-3.3 Efficient Development Processing
Responsible Department/Review Authority
Community Development Department
Timeframe
January 2024
Funding Source
None required
Quantified Objective
Facilitate the construction of 45 new homes for
lower-income households.

Performance Metric(s)
Number of affordable homeownership units entitled
and the number of units entitled for lower-income
Households
E Affordable Development on Town
Owned Property
Pursue opportunities to work with an
affordable housing developer to construct
affordable housing on Town owned
property.

Implementation Policies
HE-1.1 Adequate Sites
HE-2.9 Public/Private Partnerships
Responsible Department/Review Authority
Town Manager
Timeframe
Ongoing effort
Funding Source
None required
Quantified Objective
The Town owns two properties that could be
suitable for affordable housing up to 20 units.

Performance Metric(s)
The number of Planning applications submitted for
new affordable housing
F Update Permit Software System Implementation Policies HE-3.3 Efficient Development Processing

Page 1015 ends

10. Housing Element
January 2024 HCD Draft Revised 2023-2031 Housing Element 10-43 Programs
The number of Planning applications submitted for
new multi-family development utilizing the new floor
area ratio standard
H Coordination with Water and Sewer
Providers
Deliver the adopted Housing Element to
the San Jose Water Company and the
West Valley Sanitation District so that
they can prioritize current and future
resources or services for housing
development that helps meet Los Gatos’
RHNA for lower income households.

Implementation Policies
HE-1.3 Infrastructure
Responsible Department/Review Authority
Community Development Department
Timeframe
Upon adoption of the Housing Element
Funding Source
None required
Quantified Objective
Deliver Housing Element
Performance Metric(s)
Delivery of Housing Element
I Senior Housing Resources
Provide financial assistance for health,
safety, emergency and accessibility home
repairs to low-income seniors and lowincome mobile homeowners through the Below Market Price Program funds,
subject to availability of Program funds.

Provide regularly updated senior housing
resource materials at the Adult Recreation
Center, Library, and Farmers’ Market.

Implementation Policies
HE-1.6 Universal Design
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-6.1 Fair Housing
HE-6.2 Financial Assistance
HE-6.3 Housing for Persons with Special Needs
HE-6.4 Affordable Housing Awareness
Responsible Department/Review Authority
Responsible Department/Review Authority
Community Development Department and the
Town Council
Timeframe
Ongoing and annual effort
Update materials annually
Funding Source
Town Affordable Housing Funds
Quantified Objective
Maintain the existing housing stock by funding
three home repairs to lower income seniors
annually
Performance Metric(s)
Measure the number of units assisted versus the
need
J Small Multi-Unit Housing, “Missing
Middle”
Implementation Policies
HE-1.5 Variety of Housing Choices
HE-2.4 Rental Housing
HE-3.3 Efficient Development Processing

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HCD Draft Revised 2023-2031 Housing Element
10-44 HCD Draft Revised 2023-2031 Housing Element January 2024 Programs
The Housing Element supports the land
use goal of providing opportunities for
housing that can accommodate the
needs, preferences, and financial
capabilities of current and future residents
in terms of different housing types,
tenures, density, sizes, and costs.

Specifically, the Town aims to create
mixed residential neighborhoods through
new and innovative housing types that
meet the changing needs of Los Gatos
households and expand housing choices
in all neighborhoods. These housing
types include, but are not limited to, single
dwelling units, multifamily dwelling units,
accessory dwelling units, small and micro
units, use of pre-fabricated homes, and
clustered housing/cottage housing. The
Town will also promote small multi-unit
housing that increases density while
remaining consistent with the building
scale and character present in existing
neighborhoods. This includes multi-family
units or clustered residential buildings that
provide relatively smaller, less expensive
units within existing neighborhoods.

Update the Zoning Code to facilitate small
multi-unit housing in the low to medium
designations.

Small multi-unit housing is defined as
multiple units on a single parcel (whether
attached or detached) that are compatible
in scale and form with detached singlefamily homes. Common housing types include duplexes; triplexes; fourplexes;
courtyard apartments; cottage courts;
townhomes; triplex stacked (vertical); and
live-work spaces.

Permit processing times tend to be
shorter than larger multi-family buildings
due to the low-rise nature of the
structures.

Research existing regulatory impediments
to the creation of new housing types that
have the potential to fulfill unmet housing
needs (e.g., tiny homes, co-housing
developments) and if necessary, amend
Responsible Department/Review Authority
Community Development Department
Timeframe
December 2024
Funding Source
None required
Quantified Objective
Increase the number of small multi-unit housing
developments by 50 units over eight years.

Performance Metric(s)
Complete Zoning Code amendment by December
2024 and track the number of entitled Planning
applications received per year

Page 1017 ends

10. Housing Element
January 2024 HCD Draft Revised 2023-2031 Housing Element 10-45 Programs
applicable ordinances to allow for their
development.

Pursue establishment of a maximum
average unit size as a tool to moderate
unit sizes for developments over a certain
size but to allow flexibility for a range of
unit sizes.

K Lot Consolidation
The Town will conduct outreach to
property owners in these areas to identify
meaningful incentives to facilitate lot
consolidation, lot assemblage and
redevelopment in mixed use and
commercial areas. Based on this
feedback, within two years of Housing
Element adoption, the Town will consider
the development of a Lot Consolidation
Ordinance to include specific incentives
such as: flexible development standards
such as reduced setbacks, increased lot
coverage, increased heights, reduced
parking, reduced fees, and streamlined
permit processing through administrative
staff review. Upon adoption of the
Ordinance, the Town will work with
property owners that are receptive to lot
consolidation/lot assemblage to assist
them in facilitating the parcel merge
process in a streamlined and timely
manner.

Implementation Policies
HE-3.4 Lot Consolidation
Responsible Department/Review Authority
Community Development Department
Timeframe
June 2025
Funding Source
None required
Quantified Objective
Facilitate nine lot consolidations.

Performance Metric(s)
Complete Zoning Code amendment
L Below Market Price Program
Conduct a study to evaluate the existing
BMP Program and recommend changes
to the program to increase the number of
Implementation Policies
HE-2.7 Senior Housing
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-4.1 Property and Housing Conditions

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HCD Draft Revised 2023-2031 Housing Element
10-48 HCD Draft Revised 2023-2031 Housing Element January 2024 Programs
affordable housing or “buy-down” existing
affordability covenants to have deeper
affordable units in existing rental
properties. This program is analogous to
purchasing covenants in new
developments in conjunction with the
BMP program, but for existing
apartments.

In existing and new rental developments,
the Town could provide a rehabilitation
loan or another form of subsidy to a rental
property owner in exchange for securing
affordability covenants on a percentage of
units and the owner’s agreement to
restrict rents on these units to levels that
would be affordable to very low- and lowincome households.

Timeframe
January 2026
Funding Source
Below Market Price Housing In-lieu Fees
Quantified Objective
Affordability covenants for three housing units with
BMP funding to increase the supply of affordable
housing per year
Performance Metric(s)
Number of affordability covenants
Q Accessory Dwelling Units
Facilitate ADU/JADU production with the
following efforts:
• Waive building fees when an
ADU is deed restricted for very
low- and low-income households
pursuant to Town Code (Section

29.10.320(a).

Initiate a marketing program for
homeowners on the benefits of
ADUs and the availability of
resources (templates, cost
calculators, technical support) to
support development. Promote
the use of Housing Choice
Vouchers (HCVs) and
homesharing (once established)
to make the units available to
lower income households.
• Collaborate with countywide
efforts to develop pre-approved
ADU plans suitable for Los Gatos,
including designs that are ADA
accessible.
• Streamline the review and
permitting of ADU’s by publishing
pre-approved plans including
plans that are ADA-compliant,
which shall be posted on the
Town’s website.
• Promote California Housing
Finance Agency (CHFA) ADU
grants of $40,000 available to
Implementation Policies
HE-1.7 Infill Opportunities in Single-Family
Neighborhoods
HE-2.4 Rental Housing
HE-2.5 Pre-Approved Accessory Dwelling Units
HE-2.6 Promote Accessory Dwelling Unit
Construction
HE-2.7 Senior Housing
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-3.3 Efficient Development Processing
HE-3.5 Development Impact and Permit Fees
Responsible Department/Review Authority
Community Development Department
Timeframe
▪ Initiate marketing program and coordinate
efforts on pre-approved ADU plans (2023)
and other resources and services
(December 2025)
▪ Select at least three plans and conduct
media campaign to promote (December
2024)
▪ Annually monitor the production and
affordability of ADUs
▪ Amend the ADU Ordinance (January 2024)
▪ Monitor ADU/JADU production against
projection by July 2027 and develop
strategies to address any potential shortfall
in meeting RHNA by the end of 2027
Funding Source
Below Market Price Housing In-lieu Fees for
Waiving Building Fees and General Fund

Page 1019 ends

10. Housing Element
January 2024 HCD Draft Revised 2023-2031 Housing Element 10-49 Programs
qualified homeowners for predevelopment costs.

Annually monitor number of
ADU’s/JADU’s produced, affordability
levels. By July 2027, if the production of
ADU/JADU is falling short of the projected
trend, develop strategies (additional
incentives, flexible development
standards, and/or identify additional sites
for housing development) to
accommodate a potential shortfall by the
end of 2027.

Amend the ADU Ordinance to comply
with State law.

Quantified Objective
▪ Facilitate construction of at least 200 ADUs
or JADUs with a goal to facilitate
construction of up to 350 ADUs or JADUs
throughout the Planning period
▪ Publish pre-approved ADU plans and
templates, including designs that address
ADA and senior housing needs
▪ Post pre-approved plans on Town website
▪ Use the Town’s social media, website, local
press, and community events to distribute
information
Performance Metric(s)
Number of Building Permits issued; number of
ADU/JADUs rented at a rental rate affordable for
very low-and low-income households
R Density Bonus
Conduct a study to evaluate the existing
Density Bonus Ordinance and
recommend changes to increase the
number of units constructed. The study
will include an evaluation of the
implementation of the ordinance to date
and actual construction of affordable
housing units that utilized the Density
Bonus. Additional density and height
incentives beyond what the State requires
will be considered (i.e., fee reductions,
add free density of BMP units). The study
shall recommend improvements to the
Ordinance based on the outcome of the
evaluation.

Amend the Density Bonus Ordinance to
comply with State law.

Implementation Policies
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-2.3 Mixed-Use Development
HE-2.8 Equal Housing and Special Needs
Responsible Department/Review Authority
Community Development Department
Timeframe
▪ Amend the Density Bonus Ordinance
(December 2024)
▪ Complete study by June 2026 and implement
recommended actions by December 2029
Funding Source
None required
Quantified Objective
Increase affordable housing units generated by an
amended Density Bonus Ordinance
Performance Metric(s)
Measure the number of affordable units that
received entitlements
S Congregational Land Overlay Zone
Expand site opportunities by allowing
affordable housing on religious sites.

Study new Congregational Land Overlay
to build upon what is available through AB
1851 and AB 2244 and help
congregations by connecting them with
affordable housing development partners.

Implementation Policies
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-2.9 Public/Private Partnerships
HE-2.11 Smart Growth
Responsible Department/Review Authority
Community Development Department

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HCD Draft Revised 2023-2031 Housing Element
10-50 HCD Draft Revised 2023-2031 Housing Element January 2024 Programs
Timeframe
Complete by December 2025
Funding Source
None required
Quantified Objective
Increase affordable housing on one religious sites
by 25 units.

Performance Metric(s)
Complete study and measure the number of
congregational units that receive entitlements
T Nonprofit Affordable Housing
Providers
Support the efforts of nonprofit affordable
housing organizations that provide
housing services in Los Gatos.

Encourage the participation of these
providers in developing housing and
meeting the affordable housing needs of
Los Gatos households particularly
extremely low-income households. Staff
will meet with nonprofit groups on at least
on an annual basis to discuss constraints
to development and develop strategies
and actions for affordable housing
development, including incentives for the
development of affordable housing as
provided under the Affordable Housing
Overlay Zone.)
Research and pursue a homesharing
program, including research and
coordination with non-profit and other
organizations to assist with matching
tenants with existing homeowners.

Implementation Policies
HE-2.3 Mixed-Use Development
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-2.9 Public/Private Partnerships
Responsible Department/Review Authority
Community Development Department
Timeframe
Ongoing and annual effort to support nonprofit
affordable housing organizations
Pursue a homesharing program by December 2025
and market program annually with the goal of 5
matches a year
Funding Source
None required
Quantified Objective
Meet with nonprofit affordable housing providers to
identify constraints and barriers
Performance Metric(s)
Develop incentives for affordable housing and
measure number of units using incentives
U Increased Range of Housing
Opportunities for the Homeless
Continue to support the County of Santa
Clara’s Continuum of Care plan, as well
as the “Housing 1000” campaign by
“Destination: Home” to provide housing
opportunities for homeless households,
including emergency shelter, transitional
housing, and permanent affordable
housing opportunities.

Implementation Policies
HE-2.8 Equal Housing and Special Needs
HE-2.9 Public/Private Partnerships
Responsible Department/Review Authority
Community Development Department
Timeframe
Ongoing and annual effort
Funding Source
County CDBG

Page 1021 ends

10. Housing Element
January 2024 HCD Draft Revised 2023-2031 Housing Element 10-53 Programs
Y Supportive Services for the Homeless
Continue to support community and
nonprofit organizations that provide
supportive services for homeless persons
in Los Gatos in part by continuing to fund
the Town's annual grant and
disseminating opportunities for other
agency funding to West Valley
Community Services (WVCS), in order to
support its Comprehensive Emergency
Assistance Program (CEAP).

Continue to work with and fund local
nonprofits, and to collaborate with local
homeless service providers to provide
information on homeless needs in the
Town.

Implementation
HE-2.3 Mixed-Use Development
HE-2.8 Equal Housing and Special Needs
Responsible Department/Review Authority
Town Manager
Timeframe
Ongoing and annual effort
Funding Source
Town of Los Gatos
Quantified Objective
Continue the Town’s support to provide funds to
WVCS for homeless persons services
Performance Metric(s)
The number of Town residents assisted through
WVCS
Z Stabilize Rents
Study and implement recommendations
with regard to the Town’s Rental Dispute
Mediation and Arbitration Ordinance 2128
to help further stabilize rents for long-term
residents.

Implementation
HE-2.3 Mixed-Use Development
HE-2.4 Rental Housing
HE-6.6 Rental Dispute Mediation and Arbitration
Ordinance
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete study by January 2025 and implement
Municipal Code changes by June 2025
Funding Source
Below Market Price Housing In-lieu Fees
Quantified Objective
Implement improvement opportunities for the
Rental Dispute Mediation and Arbitration Ordinance
Performance Metric(s)
Measure the number of disputes resolved versus
unresolved
AA Reduce Parking Standards
Initiate a study and outreach, including
developers and make specific updates
that would result amendments to the
Municipal Code, as follows :
▪ Align parking requirements with
the preparation of Objective
Design Standards.

Implementation
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe

Page 1022 ends

10. Housing Element
January 2024 HCD Draft Revised 2023-2031 Housing Element 10-61 Programs
Safety Code Section 17000, et
seq.).
▪ Allow for group homes of seven
and more by right in residential
districts, and to conform with
HCD’s Group Home Technical
Advisory (Dec 2022)
▪ Modify the language of Municipal
Code Section 29.10.530(a) to
remove finding number 5 of the
mandatory criteria for granting a
reasonable accommodation
request.

In addition, the Town will prioritize special
needs housing by allowing for reduced
processing times and streamlined
procedures for applicable zoning/land use
applications. Include preferential handling
of special needs populations in
management plans and regulatory
agreements of funded projects.

AQ Zoning Code Amendments
Amend the Zoning Code to comply with
State law and ensure adequate sites are
available to accommodate the identified
sites in the Sites Inventory. These Code
revisions include:
▪ Amend the Zoning Code to include
a Housing Element Overlay Zone
(HEOZ) to apply to the sites
included in the Site Inventory to
modify the development standards
(i.e., density, lot coverage, FAR,
height) on those sites. The Town
will commit to monitoring and
evaluating the HEOZ development
standards, including outreach with
the development community, and
making adjustments as necessary.
▪ Clarify the text of the nonresidential zones regarding housing.
▪ Rezone the Caltrans Right-of-Way
– Site E3 from R:1:8 to R-M.
▪ Amend the Accessory Dwelling
Unit Ordinance.
▪ Amend the Density Bonus
Ordinance.
▪ Amend the Architecture and Site
considerations for a multi-family
and mixed-use project to make
Implementation
HE-1.1 Adequate Sites
HE-1.2 Multi-family Housing Densities
HE-2.11 Smart Growth
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete rezonings by January 31, 2024, and
monitoring and evaluation of the HEOZ
developments standards by December 2026.

Funding Source
General Plan Update Fund
Quantified Objective
Amend the Zoning Code consistent with the
Housing Element timing
Performance Metric(s)
Number of affordable homeownership units entitled
and numbers of units entitled for moderate, low,
and very-low households and adopt the Zoning
Code amendments

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HCD Draft Revised 2023-2031 Housing Element
10-62 HCD Draft Revised 2023-2031 Housing Element January 2024 Programs
them objective and provide
certainty in outcomes.
▪ Amend the Conditional Use Permit
findings for a multi-family and
mixed-use project to make them
objective and provide certainty in
outcomes. Specifically, address
Finding (1) relating to use
desirable to the public
convenience and Finding (2)
relating to the integrity and
character of the zone. These
findings be considered subjective
and open to interpretation.
▪ Amend the Zoning Code to clarify
that the Town will comply with
Section 65852.3 of the
Government Code to allow the
installation of manufactured
homes.
▪ Amend the Zoning Code to align
the private open space and the
community recreation space
requirements for a multi-family and
condominium project with the
Objective Design Standards.
▪ Amend the Zoning Code to align
parking requirements for a multifamily and condominium project with the preparation of the
Objective Design Standards.

AR General Plan Amendment
Amend the General Plan to modify the
designation of 16492 Los Gatos
Boulevard and Parcel 532-07-086 from
Low Density Residential to Neighborhood
Commercial, modify the designation of the
Cal Trans Right-of-Way from Low Density
Residential to Medium Density
Residential, and establish new maximum
densities for the High Residential,
Medium Density Residential, Low Density
Residential, Mixed-Use, Neighborhood
Commercial, and Central Business
District land use designations to provide
for the development of housing for the
sites in the Site Inventory. See Program
AQ.

As individual elements of the General
Plan are amended, the Town will review
Implementation
HE-1.1 Adequate Sites
HE-1.2 Multi-family Housing Densities
HE-2.11 Smart Growth
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete General Plan amendments by January
31, 2024
Funding Source
General Plan Update Fund
Quantified Objective
Adopt General Plan amendments consistent with
the Housing Element timing.

Performance Metric(s)
Adopt General Plan amendments.

Page 1024 ends

10. Housing Element
January 2024 HCD Draft Revised 2023-2031 Housing Element 10-65 Programs
AU Replacement Unit Program
Adopt a policy requiring replacement
housing units subject to the requirements
of Government Code section 65915 (c)(3)
when new development occurs on a
housing inventory site which currently has
or within the past five years had
residential uses (existing, vacated or
demolished), and was legally restricted to
low-income households, or subject to
price control, or occupied by low-income
households.

Implementation
HE-1.1 Adequate Sites
Responsible Department/Review Authority
Community Development Department
Timeframe
Adopt a policy by January 2024 and apply the
policy as applications on sites within the Sites
Inventory are received and processed
Funding Source
General fund (staff time)
Quantified Objective
New policy adopted
Performance Metric(s)
Measure the number of replacement housing units
entitled that are restricted to low-income
households
AV Senate Bill 9 Monitoring
Annually monitor the development of SB 9
applications every year beginning in 2023
to better understand their role in the Los
Gatos housing market if trends and
consider additional efforts to incentivize
SB 9 applications.

Implementation
HE-1.1 Adequate Sites
Responsible Department/Review Authority
Community Development Department
Timeframe
Evaluate effectiveness of SB 9 approvals every
year beginning in 2023; and identify additional
incentives and/or site capacity, if needed by 2025
Funding Source
General fund (staff time)
Quantified Objective
Prepare Annual Progress Report and issue 96 SB
9 entitlements over the eight-year period
Performance Metric(s)
Number of issued SB 9 Building Permits.

AW Story Poles and Netting Policy
Update the Story Pole and Netting Policy
and create options for residential or
mixed-use projects with affordable
housing to reduce the associated costs of
installing story poles, by providing an
option to provide video rendering in place
of story poles for all multi-family and
mixed-use projects, and all projects over
Implementation
Policy HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Implement by March 2024, and evaluate
effectiveness of reduced requirements every year

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HCD Draft Revised 2023-2031 Housing Element
10-66 HCD Draft Revised 2023-2031 Housing Element January 2024 The following action matrix includes the Town’s goals and actions to affirmatively further fair housing.

Program Specific Commitment Timeline Geographic
Targeting
Eight-Year
Metric
Fair Housing Outreach and Enforcement
Program A.

Developer Forum
Meet with housing developers to
discuss constraints and housing
opportunities.

Annually Townwide
Meet with housing
developers
annually.

Program O.

Affordable
Housing
Development
Outreach to attract and support
affordable housing developers in
the Town and identify housing
opportunities.

Annually Townwide
Facilitate the
construction of 460
new homes for
moderate to lowerincome
households.

Program W.

Rental Dispute
Resolution
Program
Administer the Rental Dispute
Resolution Program. Annually Townwide
Provide counseling
to all members of
the public who
contact the Town.

Programs
55 feet in height to reduce constrains/cost
and increase approval certainty.
beginning in 2025; and identify additional incentives
and/or site capacity, if needed, within six months of
need identification.

Funding Source
General fund (staff time)
Quantified Objective
Reduce cost of development by modifying the story
pole requirements for affordable housing projects.

Performance Metric(s)
Measure impact of modifying the story pole policy
on the number of affordable housing units entitled
AX Local Labor Program List
Establish and post a list of local labor
unions and apprenticeship programs on
the website to encourage the developers
and contractors to hire local labor.

Implementation
Policy HE-1.4 Housing Design
Responsible Department/Review Authority
Community Development Department
Timeframe
Establish a list by December 31, 2024, to post
online.

Funding Source
General fund (staff time)
Quantified Objective
Annually update the list or upon request from a
local union.

Performance Metric(s)
N/A

Page 1026 ends

10. Housing Element
January 2024 HCD Draft Revised 2023-2031 Housing Element 10-67 Program Specific Commitment Timeline Geographic
Targeting
Eight-Year
Metric
Program AE. Fair
Housing Law
Education
Increase dissemination of fair
housing information.

By end of August
2023. Townwide
Add 50 new
subscribers to the
Notify me
subscriber list.

Program AM.

Santa Clara
County Fair
Housing
Consortium
Continue to support the efforts
of the Santa Clara County Fair
Housing Consortium.

Annually Townwide
Counsel 10
tenants annually
on tenant/landlord
concerns to
prevent
displacement.

Program I. Senior
Housing
Resources
Provide regularly updated senior
housing resource materials at
the Adult Recreation Center,
Library, and Farmers’ Market.

Annually Townwide
Assist three senior
households
annually though
senior housing
resources.

Program X.

Assistance for
Persons with
Developmental
Challenges
Continue to work with the
California Department of
Developmental Services
Regional Center to inform
families about housing and
services available for persons
with developmental challenges.

Annually Townwide Assist three
families annually.

Program AN.

Community
Education Using a
Variety of
Communication
Methods
Provide information about
available housing resources
through a variety of
communication methods.

Quarterly Townwide
Assist three lowincome families
annually.

Program AO.

Educate SingleFamily Property
Owners Regarding
In-Fill Housing
Options
Provide education on SB 9 and
ADU’s.

Consider adding fair housing
information to SB 9 and ADU
applications/materials; new
landlords.

Quarterly Townwide
Increase the
number of ADU
building permit
applications from
2022 baseline of

25. Increase the
number of SB 9
applications from
2022 baseline of 9.

Program AN.

Community
Education on
Housing Needs
Provide education on the
problems and needs of
affordable housing as a means
of changing negative attitudes.

Annually Townwide
Celebrate
Affordable Housing
Month annually in
May by posting on
social media
accounts with
education on
affordable housing.

Program AT.

Affirmative
Marketing
Disseminate information on
available development including
providing notice of new housing
opportunities in the flyer for local
school districts in the Town.

Annually Townwide
Affirmatively
market all
affordable housing
Opportunities.

New Housing Opportunities in High Resource Areas
Program D.

Additional Housing
Capacity for North
Forty Specific Plan
Increase allowed density in
North Forty Specific Plan and
facilitate buildout of the Plan.

Amend the SP to include a
policy specifying that additional
units as a result of the State
density bonus law, SB 330, and
other applicable state laws will
not count toward the unit cap
and the unit cap will not impede
the achievement of the RHNA.

By January 2024
North Forty Specific
Plan area (highest
resource area)
Facilitate the
construction of 45
new homes for
lower-income
households.

Program N. Funds
for Development
Use Town Affordable Housing
(Below Market Price) Fund to Annually Townwide Subsidize five developments

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HCD Draft Revised 2023-2031 Housing Element
10-68 HCD Draft Revised 2023-2031 Housing Element January 2024 Program Specific Commitment Timeline Geographic
Targeting
Eight-Year
Metric
for Extremely Low
Income (ELI)
Households
subsidize housing for extremely
low-income households.
which include
extremely lowincome
households.

Program O.

Affordable
Housing
Development
Provide incentives for affordable
housing development and Annually Townwide (all high resource areas) Facilitate the
construction of 460
new homes for
moderate to lowerincome
households (100
for moderate, 190
for low, and 170 for
very-low).

Program Q. ADUs
Initiate marketing plan, coordinate
pre-approved ADU plans, and
monitor production and
affordability of ADUs.

Monitor affordability of ADUs
through communication with
applicants (form with intent to
rent).

Monitor ADU
projection by July
2027 and develop
strategies to
address potential
shortfall by the end
of 2027
Townwide (all high
resource areas)
Facilitate
construction of at
least 200 ADUs with
a goal to facilitate
construction of up to
350 ADUs or
JADUs, with a goal
of 5% of these units
being affordable to
low income
households.

Program AB.

Allow for 100
Percent Affordable
Residential
Development in
Mixed-Use
General Plan
Designations
Amend the General Plan and
the Municipal Code to allow for
100 percent affordable
residential development without
the requirement of commercial
uses.

By June 2024 Townwide
Facilitate the
construction of
affordable units in
mixed use GP
designations.

Housing Mobility
Program J. Small
Multi-Unit “Missing
Middle” Housing
Update zoning code and
promote small multi-unit housing
program, with goal of providing
housing for families, seniors,
and students. Facilitate small
multi-unit housing in the low to
medium density designations.

By January 2024 Townwide
Facilitate the
development of 50
units of small multiunit housing over
eight years.

Program L. Below
Market Price
Program
Conduct a study to evaluate the
existing BMP Program and
recommend changes to the
program to increase the number
of units constructed.

By June 2025 Townwide
Increase number
of BMP units
annually by five
units (from 257
baseline).

Program V.

Housing
Opportunities for
Persons Living
with Disabilities
Review and update regulations
and encourage implementation
of Universal Design.

Amend Zoning Code to increase
housing for persons with
disabilities.
2023-2031
By December
2025.

Townwide
Increase housing
for persons with
disabilities by 90
units.

Program AP.

Special Needs
Housing
Establish streamlined
procedures for special needs
housing.

Amend the Zoning Code to
remove barriers to building
special needs housing
By January 2028
By January 2024
Townwide
Adopt Zoning Cod
amendments to
facilitate the
construction of
units for special
needs populations.

Program X.

Assistance for
Persons with
Developmental
Challenges
Work with local and/or regional
partners to provide rental
assistance for persons with
developmental challenges.

Annually Townwide
Provide rental
assistance for
persons with
disabilities.

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10. Housing Element
January 2024 HCD Draft Revised 2023-2031 Housing Element 10-69 Program Specific Commitment Timeline Geographic
Targeting
Eight-Year
Metric
Program Q: ADUs
Promote the use of Housing
Choice Vouchers (HCVs) and
homesharing (once established)
to make the units available to
lower income households.

By December
2025 Townwide
Initiate a marketing
plan and
coordinate efforts
for HCVs and
homesharing
programs.

Program T:

Nonprofit
Affordable
Housing Providers
Pursue a homesharing program
and market program annually.

By December
2025 Townwide Facilitate 5 matches per year.

Program AV:

SB 9 Monitoring Monitor SB 9 applications
Monitor annually
and consider
additional efforts if
needed by 2025
Townwide
Facilitate
development of 96
SB 9 entitements
Place-based Strategies for Neighborhood Improvement
Program AI.

Countywide Home
Repair Programs
Support home repair programs
including Habitat for Humanity
East Bay/Silicon Valley,
Rebuilding Together, Housing
Trust of Santa Clara County,
and contribute funding from the
Town’s Below Market Price
monies to support these
programs.
2023-2031
Townwide with
emphasis on
central and western
tracts where
substandard
housing conditions
and aging units are
more prevalent.

Complete three
minor home
repairs or
accessibility
improvements for
lower income
households
annually.

Program AJ.

Residential
Rehabilitation
Program
Create a new program to assist
lower income homeowners,
including senior and disabled
households, with funding for
home repairs and
improvements.

By December
2026 Townwide
Provide
rehabilitation to
five low-income
homeowner units
annually.

AFFH: CIP
Projects
Complete projects related to
public facilities and
transportation infrastructure
outlined in the Capital
Improvement Program, including
the Los Gatos Adult Recreation
Center Restroom Remodel for
ADA Compliance and Shannon
Road Pedestrian and Bikeway
Improvements.

By 2030
Townwide with
emphasis on north
and western areas
of the Town.

Complete at least
three CIP projects
during the planning
period.

Tenant Protection and Anti-Displacement
Program Z.

Stabilize Rents
Study and implement
recommendations with regard to
the Town’s Rental Dispute
Mediation and Arbitration
Ordinance 2128 to help further
stabilize rents for long-term
residents.

By June 2025 Townwide
Implement
improvement
opportunities for
the Rental Dispute
Mediation and
Arbitration
Ordinance
Program AG.

Preserve “At-Risk”
Affordable
Housing Units
Monitor affordable, multi-family
housing units in the Town to
ensure that they retain their
affordability status.

Annually Townwide
Preserve
affordability of all
affordable units.

Program AU.

Replacement Unit
Program
Adopt a policy and apply the
policy as applications on sites
within the Sites Inventory are
received and processed
By January 2024 Townwide
Require
replacement
housing for 100%
of displaced lowincome
households.

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HCD Draft Revised 2023-2031 Housing Element
D-2 Appendix D January2024
Site Capacity
On sites with Property Owner Interest and/or conceptual development plans submitted, 1,331 units are projected:
480 very low income; 283 low income; 264 moderate income; and 304 above moderate income units. Additional vacant and underutilized sites add another 624 potential units: 154 very low income; 74 low income; 76 moderate income; and 320 above moderate income.

Small Parcels
While the Sites Inventory in this Housing Element includes a few small “parcels”, no small “sites” less than 0.5 acre are used to accommodate lower income RHNA units. A site is typically comprised of a few parcels. In this Sites Inventory, only parcels that are already consolidated or under common ownership, totaling more than 0.5 acre, are used to meet the lower income RHNA. The majority of property owners who have expressed interest in redevelopment have either communicated their interest through submittal of a Property Owner Interest Form and/or a SB 330 preliminary and/or formal application, in which a future development would comprise of merging multiple parcels into a single parcel. Sites that include small parcels are:
• B-1: 3 parcels (7.04 acres; 1.49 acres; and 0.28 acre) under common ownership (Los Gatos Lodge), with expressed interest from property owner to redevelop the site, including the merging of three parcels into a single parcel. Access to the site is provided through a single entrance fronting along Los Gatos-Saratoga Road which serves all three parcels and that all parcels are under common ownership; • C-2: 3 parcels (0.34 acres; 1.20 acres; and 1.34 acres) under common ownership with expressed interest from property owner to redevelop the site, including the merging of three parcels into a single parcel.

Analysis of the parcels has shown that there is potential for shared access given the parcels location with frontage along Los Gatos Boulevard, partial frontage along Garden Lane, and that all parcels are under common ownership;
• D-1: 7 parcels (2.90 acres; 0.78 acres; 0.44 acres; 0.44 acres; 3.74 acres; 6.07 acres; and 1.02 acres), with expressed interest from property owner to redevelop the site, including the merging of seven parcels into a single parcel. Analysis of the parcels has shown that there is potential for shared access given the parcels location with frontage along Los Gatos Boulevard, the previous development pattern of the North Forty Phase I, and that all parcels are under common ownership; • D-2: 2 parcels (1.17 acres and 0.11 acre) under common ownership, including the merging of two parcels into a single parcel. Analysis of the parcels has shown that there is potential for shared access given the parcels location along Burton Road, the smaller parcel (0.11 acre) is located at a dead-end road and would be dependent on a lot merger to provide for sufficient development area, and that all parcels are under common ownership;
• D-5: 2 parcels (0.56 acre and 0.26 acre) under common ownership. Analysis of the parcels has shown that there is potential for shared access given the parcels location along Burton Road, partial frontage along Los Gatos Boulevard, and that all parcels are under common ownership; No other small parcels are used to meet the Town’s lower income RHNA.

The Town’s efforts to facilitate lot consolidation will be completed through Implementation Program K and will include the following actions:
• Opportunity sites outreach: The Town will conduct outreach to property owners in these areas to identify meaningful incentives to facilitate lot consolidation, lot assemblage and redevelopment in mixed-use and commercial areas.
• Development Incentives: The Town will consider the development of a Lot Consolidation Ordinance to include specific incentives such as: flexible development standards such as reduced setbacks, increased lot coverage, increased heights, reduced parking, and reduced fees. • Technical assistance: The Town will work with property owners that are receptive to lot consolidation/lot assemblage to assist them in facilitating the parcel merge process in a streamlined and timely manner.

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From: Jauregui, Jose @HCD <[email protected]>
Sent: Saturday, December 2, 2023 6:57 AM
To: Joel Paulson <[email protected]>
Cc: Jennifer Armer <[email protected]>; Veronica Tam McDougall, Paul@HCD <[email protected]>; Jocelyn Shoopman <[email protected]>
Subject: Los Gatos Housing Element
Hello Joel,
Please see the attached HCD finding letter for the Town of Los Gatos HE review. Let me know if you have any questions or concerns.

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 1, 2023
Joel Paulson, Director
Community Development Department
Town of Los Gatos
110 E Main Street
Los Gatos, CA 95030
Dear Joel Paulson:

RE: Town of Los Gatos’ 6th Cycle (2023-2031) Revised Draft Housing Element Thank you for submitting the Town of Los Gatos’ (Town) revised draft housing element received for review on October 2,2023, along with revisions received on November 28,2023.

These revisions were made available to the public for at least seven days prior to submitting to HCD pursuant to AB 215 (Chapter 342, Statutes of 2021). Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on November 7, 2023 with yourself, Jennifer Armer, Planning Manager, Jocelyn Shoopman and Erin Walter, associate planners, and Veronica Tram, the Town’s consultant. In addition, HCD considered comments from Los Gatos Community Alliance, Rutan and Tucker, Phil Koen, Eric S. Phillips, and Anne Paulson pursuant to Government Code section 65585, subdivision (c).

The revised draft element, including revisions, addresses many statutory requirements; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) as follows:

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) Income and Racial Concentration Area of Affluence (RCAA): The element now includes actions to promote an inclusive community; however, the element must

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Joel Paulson, Director

Page 2 ends

provide specific analysis of income and RCAA at a regional level (town compared to the broader region) to better formulate appropriate policies and programs. 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.

Contributing Factors to Fair Housing Issues: Based on a complete analysis, the element should re-assess and prioritize contributing factors to fair housing issues. For example, the Town is wholly a RCAA, highest resource and highest median incomes in contrast to the rest of the region. As a result, fair housing issues such as the lack of affordable housing and segregation from the rest of the region should be a high priority.

Goals and Actions: As noted above, the element must include a complete analysis of affirmatively furthering fair housing (AFFH). The element must be revised to add goals and actions based on the outcomes of a complete analysis.

In addition, while the element includes some actions toward AFFH and enhancing housing mobility (e.g., choices and affordability), actions should be added, numeric targets should be increased, and geographic targeting should be fine-tuned to better promote inclusive neighborhoods throughout the Town. This is particularly important since over 80 percent of the lower-income regional housing need allocation (RHNA) is isolated in two census tracts. As noted in HCD’s prior review and the assessment of fair housing, the Town is wholly a racially concentrated area of affluence, highest resource and highest median incomes in contrast to the rest of the region.

Actions should be added and revised with aggressive numeric targets and geographic targets throughout the Town, including lower-density neighborhoods.

Examples include creating more housing choices and affordability in single-family neighborhoods beyond complying with law (e.g., SB 9, ADUs) such as missing middle housing types, targeting affordable housing funding, homesharing, more than one unit of converted space within a single-family structure, increased multifamily capacity, enhanced efforts on religious institutional sites and other alternative land use and financing strategies.

2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for

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Joel Paulson, Director

Page 3 ends

a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory… (Gov. Code, § 65583, subd. (c)(1).) Small Sites: The element identifies several sites with parcels less than a halfacre (p. D-13) that have common ownership and, in some cases, expressed interest to redevelop the site. For small sites with expressed interest in redevelopment, the element should clarify that the expressed interest is also in consolidating the sites. For the remaining sites (Sites D-2 and D-5), the element should explain the circumstances leading to the potential for consolidation such as necessity to consolidate due to access, feasibility, shape, or site planning flexibility. Based on the outcomes of this analysis, the element should add or modify Program K (Lot Consolidation) to further promote lot consolidation, if appropriate.

Electronic Sites Inventory: For your information, while the Town has submitted an electronic sites inventory as part of this submittal, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at [email protected] for technical assistance.

Adequate Sites Programs: As noted in the prior review, if necessary to make appropriate zoning available to accommodate the lower-income RHNA, programs must be revised to meet all requirements pursuant to Government Code section 65583.2, subdivisions (c), (h) and (i). The element includes Programs D (Program By Right Zoning Text Amendment to Accommodate RHNA), AR (General Plan Amendment) and AS (Adequate Sites for Housing) to address these requirements. With respect to sites identified in prior planning periods, the element meets statutory requirements, but these actions must be completed by January 31, 2024. With respect to a shortfall of adequate sites to accommodate the lower-income RHNA, the element includes Programs AR and AS. However, the Programs commit to the appropriate zoning given the rezoning occurs after the statutory deadline of January 31, 2023. HCD understands the Town completed the rezoning after the statutory deadline and, therefore, the rezoning must meet all by right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). Based on a cursory review, the rezoning does not appear to meet these requirements. As a result, these programs must clearly commit to meet all by-right requirements by January 31, 2024.

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Joel Paulson, Director

Page 4 ends

In addition, please be aware, the recent California appellate decision in Martinez v. City of Clovis found that while overlays can be used in a rezone, when the base zone allows residential development, both the base zone and the overlay zone must comply with the minimum density requirements of Government Code section 65583.2, subdivision (h). The Town may need to adjust its rezoning strategy if the underlying zoning for sites that will be rezoned allows minimum densities less than 20 dwelling units per acre. Martinez v. City of Clovis (2023) 90 Cal.App.5th 193, 307 Cal.Rptr.3d 64.

3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities…(Gov. Code, § 65583, subd. (c)(3).) Land Use Controls: HCD’s prior review found that the Town must list and evaluate development standards in the North Forty Specific Plan and High Density Residential and Commercial designation. In response, the Town has now listed development standards by each zoning district but should also analyze those development standards for impacts on housing supply and cost and most importantly, the ability to encourage maximum densities without exceptions. For example, lot coverages, heights, and setbacks in the Multifamily Residential (RM) zone; and lot coverage heights and guest parking requirements in the North Forty Specific Plan could be constraints. Based on the outcomes of a complete analysis, the element should add or modify programs to include specific commitment to review and revise these development standards as necessary.

Local Processing and Permit Procedures: The element now discusses decisionmaking bodies and lists approval findings for the Architecture and Site Application. However, the element should also analyze these processes to better inform programs to address identified constraint. For example, the element mentions the decision-making body depends on the scope of the application. The element should explain the scope, resulting decision-making body and impacts on approval timing and certainty. In addition, the element lists approval findings and concludes some findings may be constraints then modifies Program AQ (Zoning Code Amendments) to amend approval findings (considerations). But the

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Joel Paulson, Director

Page 5 ends

element should discuss which approval findings may be constraints to better inform implementation of Program AQ.

Programs: As noted above, 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. In addition, programs should be revised, as follows:
• Program D (Additional Capacity for the North Forty Specific Plan): The Program should also commit to establish or modify development standards to facilitate achieving maximum densities, regardless of the level of affordability and should specify to either remove the unit cap or increase the unit cap to allow maximum build out of each parcel, including State Density Bonus Law or other circumstances that might warrant increasing allowable densities.
• Program V (Housing opportunities for Persons living with Disabilities):

Given the importance of promoting housing access for persons with disabilities, the Program could be modified with a date earlier in the planning period (e.g., by December 2024).
• Program AA (Reduce Parking Standards): The Program currently commits to “Initiate a study to determine specific updates…” While initiating a study and making a determination are important steps by themselves, these actions do not result in outcomes. The Program should clearly commit to amending the municipal code. For example, the Program could commit to:
“Initiate a study and outreach, including with developers, and amend the Municipal Code, as follows:…”
• Program AQ (Zoning Code Amendments): The Program commits to apply the Housing Element Overlay Zone (HEOZ) to identified sites and modify development standards. HCD understands this action has been completed. Based on a cursory review of the Town’s Ordinance 2347, some development standards such as heights may be a constraint on achieving maximum densities. As a result, this Program should commit to monitor and evaluate these development standards, including outreach with the development community, and making adjustments, as appropriate, by a specified date.
• Program AW (Story Poles and Netting Policy): While the Program now commits to revise Story Poles and Netting Policy Requirements; these requirements are constraints and impact housing costs; supply (number of units) and approval certainty and should be removed or replaced with cost effective measures to promote certainty for the developers and the community. Further, the element should evaluate the effectiveness of any future requirements or measures, and making adjustments, as necessary, by a specified date (e.g., by 2028).

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Joel Paulson, Director

Page 6 ends

4. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).) Program Q Accessory Dwelling Units (ADU): While the Program now commits to amend the ADU Ordinance, it must also commit to establish incentives such as modifying development standards (e.g., heights), pursuing funding; waiving fees beyond ADU law; proactive marketing and establishing points of contact to ease permitting processes. In addition, the Program commits to monitor production and affordability of ADUs annually but should also commit to making adjustments by a specified date (e.g., within six months) if production and affordability are not meeting assumptions. Further, the Program should clearly commit to options beyond incentives such as rezoning if production and affordability far differs from assumptions.

5. Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(9).)
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD. HCD particularly encourages the Town to continue engaging commenters on this review. These comments contained valuable insights that can result in a more effective housing elements, especially related to programs and specific commitment. HCD’s future reviews will continue to consider the extent to which the revised element documents how the Town solicited, considered, and addressed public comments in the element. The Town’s consideration of public comments must not be limited by HCD’s findings in this review letter.

The element will meet the statutory requirements of State Housing Element Law once it has been revised and adopted to comply with the above requirements pursuant to Government Code section 65585.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the Town failed to adopt a compliant housing element within 120 days of the

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Joel Paulson, Director

Page 7 ends

statutory deadline (January 31, 2023); programs to rezone and make prior identified sites available or address a shortfall of capacity to accommodate the RHNA (e.g., Program D: Program By Right Zoning Text Amendment to Accommodate RHNA, Program AR: General Plan Amendment, Program AS: Sites Previously Identified) must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the commitment and cooperation the housing element update team provided during the update and review. HCD is committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jose Armando Jauregui, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager

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PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/06/2024
ITEM NO: 7
DATE: February 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited Area Designated as Blackberry Hill Road No. 06, Approximately 2.1 Acres on Property Pre-Zoned HR-2½. APN 532-25-011.

Annexation Application AN23-001. Project Location: 15405 Blackberry Hill Road. Property Owner/Applicant: Maurice Brewster.

RECOMMENDATION:

Adopt a resolution (Attachment 1) to set a date for consideration of the reorganization of an uninhabited area designated as Blackberry Hill Road No. 06, approximately 2.1 acres, located at 15405 Blackberry Hill Road (APN 532-25-011).

BACKGROUND:

The Town has an agreement with Santa Clara County that requires annexation of any property located within the Town's Urban Service Area boundary that is either contiguous to a Town boundary or within 300 feet of a Town maintained roadway if a use is proposed to intensify.

The subject property is within 300 feet of a Town boundary. Annexation has been requested in conjunction with a future proposal for a new single-family residence. The total annexation area (approximately 2.1 acres) includes no County street right-of-way.

Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives cities in Santa Clara County the authority to annex territory without application to and hearing by the Santa Clara County Local Agency Formation Commission (LAFCO).

The Town is required to hold a protest proceeding even if the area proposed for annexation is uninhabited (less than twelve registered voters) and all property owners have consented to the

Page 1040 ends

PAGE 2 OF 2
SUBJECT: Blackberry Hill Road No. 06/AN23-001
DATE: February 1, 2024
BACKGROUND (continued):
annexation. This first meeting and resolution set the date for the consideration of the annexation and the protest proceeding.

DISCUSSION:

The Town has received a petition requesting annexation to the Town of Los Gatos from Maurice Brewster, owner of the property at 15405 Blackberry Hill Road. The property is located on the southern side of Blackberry Hill Road in an unincorporated County pocket.

The property is in the Town's Urban Service Area, is contiguous to a Town boundary, and is Prezoned HR-2½ (Hillside Residential, 2½ to 10 acres for each dwelling unit). Annexation would allow Town services to be extended to the property and reduce an existing County pocket.

The Santa Clara County Planning Division was notified in writing of the annexation request. This agenda item, if approved, would set the date for consideration of the annexation application for February 20, 2024.

COORDINATION:

The preparation of this report was coordinated with the County of Santa Clara Infrastructure Development Division, LAFCO, County of Santa Clara Assessor, County of Santa Clara Surveyor, and the County of Santa Clara Planning Division.

FISCAL IMPACT:

Once the annexation is certified by the State Board of Equalization, the Town will receive approximately 9.3 percent of the property taxes.

ENVIRONMENTAL ASSESSMENT:

The project is exempt pursuant to the California Environmental Quality Act Guidelines under Section 15061(b)(3): Review for Exemption, in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A Notice of Exemption will not be filed.

Attachments:

1. Draft Resolution, with Exhibits A and B

2. Location Map

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1 of 3
Draft Resolution 2024- Council Meeting Date
DRAFT RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

TO SET A DATE FOR CONSIDERATION OF THE REORGANIZATION

OF AN UNINHABITED TERRITORY DESIGNATED AS
BLACKBERRY HILL ROAD NO. 06
APN: 532-25-011
APPROXIMATELY 2. 1 ACRES
ANNEXATION APPLICATION: AN23-001
PROPERTY LOCATION: 15405 BLACKBERRY HILL ROAD
PROPERTY OWNER/APPLICANT: MAURICE BREWSTER
WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated as Blackberry Hill Road No. 06 from Maurice Brewster; and WHEREAS, the property, is approximately 2.1 acres, located at 15405 Blackberry Hill Road, APN: 532-25-011, is contiguous to a Town boundary, and within the Town’s Urban Service Area; and
WHEREAS, no special district would be affected by the proposal; and WHEREAS, the annexation would provide for use of Town services; and WHEREAS, the Town Council enacted Ordinance 1453 in 1980 pre-zoning the subject territory with an HR-2½ (Hillside Residential, 2½ to 10 acres for each dwelling unit) zoning designation; and
WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization, has determined annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor of Santa Clara County has found the description and map (Exhibits A and B) to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO’s road Draft Resolution to
be modified by Town
Council deliberations
and direction.

ATTACHMENT 1

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2 of 3
Draft Resolution 2024- Council Meeting Date
annexation policies; and
WHEREAS, as provided in Government Code Section 56757, the Town Council of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and
WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this annexation; and
WHEREAS, Government Code Section 56663(a) provides that if a petition for annexation is signed by all owners of land within the affected territory the Town Council may approve or disapprove the annexation without a public hearing.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider annexation of the territory designated as Blackberry Hill Road No. 06 at its regular meeting on February 20, 2024.

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3 of 3
Draft Resolution 2024- Council Meeting Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ___ day of February, 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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This Page
Intentionally
Left Blank

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Vicinity Map
(not .. -)
APN
532-25-085
)
DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DERSCRIPllON AS DEFINED

IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED FOR

TRANSFER, CONVEYANCE, SALE, OR ANY OTHER PURPOSES OTHER THEN THOSE RELATED TO THE ANNEXATION.

APN
532-25-055
MIREVAL RD. ANNEXATION NO. 2
APN 532-25-054

1. 2.

3. 4.

5. 6.

7. 8.
,...., ,....,,
(S8f
137'00"E) /l (212.50')
@
Point of Beginning
APN 532-25-011
Brewster
Doc. No. 25314481

2.1 Acres.

Courses:
szoo 'oo ''W, 390. 68'
szoo'oo'W. 38.32'
S80'13'00"W, 88.28'
N89'371
00'W, 41.28'
� Scale 1" = 60'
�
� � APN 532-25-010
� f::::
} 1--
�, ::::i �I
� APN 532-25-009
vi
N89'37'001'W, 84. 76'
N2'00'00"E, 53.91'
N2'00'00"E, 390.68'
-.....J..____-20' Ri2!:!_t �y
S89'37'00"£, 212.50' l
- -
__} (2) \ (38.32') --@ -- ✓ --:Iiszoo' oo w)
(53.91 1
) - - / (NZ'00' 00" E} �
/ @(N8
,. W - ---
f137' 00"W) 4 sact 13:J
0 --=(84.76') (41.28'} (88• 28·)
.....;;_J....:..::::._;:w._�'--==-4==---�PN 532-25-013 APN 532-25-012 LEGEND EXHIBI "B"
BLACKBERRY HILL ROAD NO. 6

PROPOSED ANNEXATION TO THE TOWN OF LOS GATOS

OF ASSESSOR'S PARCEL NUMBER
532-25-011
Scale 1" = 60' 11/8/2023
___ , - - - - Boundary of prop. annex
- - - - Existing town limits
Other property line -- - -- Rignt of way line -- -- Abandoned parcel line 0 60 120
EXHIBIT B Page 1047
Los
Gatos
Los
Gatos

CYPRESS WAY

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EXHIBIT A
Blackberry Hill Road No. 6

2.1 acres +/-
Prepared for the Office of the County Surveyor
November 8, 2023
August Hanks, County Surveyor
County of Santa Clara
Department of Planning and Development
County Government Center, East Wing
70 West Hedding St., 7th Floor
San Jose, California 95110
Blackberry Hill Road No. 6
Unincorporated Lands
Area of Annexation
Incorporated Lands
ATTACHMENT 2

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This Page
Intentionally
Left Blank

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PREPARED BY: Jim Harbin
Streets and Parks Superintendent
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/06/2024
ITEM NO: 8
DATE: February 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive Report and Provide Input on Town of Los Gatos Street Tree Program RECOMMENDATION:

Receive a report and provide input on the Town of Los Gatos Street Tree Program.

BACKGROUND:

The Town has a street tree program for the planting, maintenance, and removal of trees that are in or may overhang public streets, sidewalks, and other public places and parkways in Town.

The goals of the program are to:
 Keep trees structurally pruned to promote vigor and enhance the safety of the tree;  Maintain fire fuel clearances on Town lands from adjacent properties and structures;  Keep vertical clearances for garbage trucks, emergency vehicles, and other commerce; and
 Maintain a robust tree canopy to promote urban biodiversity.

The Town’s street tree inventory totals over 14,000 trees which doesn’t include all the rural roads such as sections of Kennedy and Shannon Roads. Chapter 26 of the Town Code governs the program including enforcement, a Master Street Tree List (Attachment 1), and establishes the Parks Commission as the adjudicatory body for street trees.

Los Gatos has been certified as a Tree City USA community since 1980. The Tree City USA Program (the Program) is run by the Arbor Day Foundation in cooperation with the National Association of State Foresters and the United States Department of Agriculture (USDA) Forest

Page 1050 ends

PAGE 2 OF 5
SUBJECT: Receive Report on Town of Los Gatos Street Tree Program DATE: February 1, 2024
BACKGROUND (continued):

Service. The Program is part of “an international effort to recognize cities and towns that are committed to ensuring the urban forests and trees are properly maintained, sustainably managed and duly celebrated.” To be recognized in this program the Town must demonstrate annually that it meets the five core standards of:
1) Establishing Responsibility: The Town must have a written statement that defines which staff and/or Board is responsible for the care of trees; 2) Setting Rules: The Town must have an official policy or law that governs management of trees or forests. The policy or law should describe how the work must be performed, when the policy or law applies, and penalties for non-compliance. 3) Knowing What We Have: The Town must have and maintain an updated inventory or assessment of local tree resources so effective long-term planting, care, and removal of trees can be established.
4) Allocate Resources: The Town must dedicate budget to the routine implementation of the tree management plan.
5) Celebrate Achievements: The Town must hold an annual celebration of trees to raise awareness of the program among residents and to acknowledge staff members that carry out the tree program.

DISCUSSION:

Parks and Public Works (PPW) implements the Street Tree Program with one Town Arborist and one tree service contractor to carry out the duties of the program. The Town Arborist also manages the Tree Permit process for trees located on private property. The budget for the tree program totals approximately $390,000 per year, with $200,000 assigned to contractual services, $20,000 for trees and supplies, and $170,000 for the fully burdened staff salary.

Contracted Services
Tasks such as regular block pruning, tree trimming, and tree removals are carried out by the tree service company. Emergency work is responded to by Town crews and/or contractor crews depending on the severity and ability to respond. The Town Arborist manages the tree service contractor’s daily workload, provides arborist reports and tree related recommendations, and implements the tree permitting process for private trees townwide.

Page 1051 ends

PAGE 3 OF 5
SUBJECT: Receive Report on Town of Los Gatos Street Tree Program DATE: February 1, 2024
DISCUSSION (continued):

Table 1 represents actual expenses for contracted tree services.

Table 1. Expenses for Contracted Tree Services
Fiscal Year Actuals ($)
18/19 244,878
19/20 240,063
20/21 240,401
21/22 216,408
22/23 262,456
The Town arborist directs the contractor to implement block pruning whenever practical. Block pruning is the most efficient and preferred process to maintain the extensive and diverse tree inventory block by block, though this must be balanced with public requests and safety concerns. As a result of various community needs and requests, a regular block pruning schedule is a challenge to maintain. Frequencies of pruning differ between the many species ranging from three-year cycles for Camphor and Melaleuca trees downtown to seven-year cycles for Bradford Pear and Chinese Pistachio trees. Currently, staff is tracking pruning cycles overall at around 14 years to prune all the Town’s street trees. Scheduling block pruning is an ongoing challenge due to the competing demands required to manage the town-wide tree canopy.

Storm Response, Emergency Work, and Safety
Storm response and other emergency work are triaged by Town crews and managers depending on the severity of the incidents. Town crews assess the damage, clear the streets and walkways if possible, and the contractor is called for the larger tree damage and removals.

Winter 2023 storms following the multi-year drought caused over 80 trees to fall and numerous cracked and broken limb damage responses. While Town crews perform this first response, it is often necessary to have the contractor complete removal and disposal of downed trees due to the size of the tree and other workload demands of Town crews.

Trees that damage streets, gutters, water valves or trip hazards, or other safety concerns are declared to be a public nuisance. Any Sweet Gum (Liquid Amber) tree is assumed to be a public nuisance and at the direction of the Town Arborist may be removed by the property owner at the owner’s expense and the Town will grind the stump and provide a new street tree from the Master Tree List.

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PAGE 4 OF 5
SUBJECT: Receive Report on Town of Los Gatos Street Tree Program DATE: February 1, 2024
DISCUSSION (continued):

At present, staff does not proactively seek the removal and replacement of street trees unless there is a mitigating reason. For example, the removal of eucalyptus trees on Overlook Road was recently completed because of community concern and Council direction. Prior to removal of these trees, residents were notified via mailing, and the trees were posted. Staff responded to resident questions that arose because of these notices. If the residents had requested an appeal of the decision to remove these trees, that appeal would have been heard by the Parks and Sustainability Commission.

Removal of Private Trees
In addition to managing emergency response and block pruning, the Town Arborist manages the permitting of removal of trees on private property. Private tree removal permits processed by the Town Arborist vary each year with an average over the previous five years of 194 permits per year. Removal permits were issued for 214 private trees in 2023. Each permit requires field review and observation of the tree and a written determination by the Town Arborist. If visual observation by the Town Arborist is not adequate to determine if the tree requires removal, the arborist will direct residents to secure a report from a licensed arborist.

Any interested person can appeal a decision to cut down or trim a private tree to the Planning Commission. Determinations of the Planning Commission are appealable to the Town Council.

The Town Arborist is responsible for providing testimony during the appeals process.

Program Challenges
Challenges with the street tree program are the unpredictability of emergency work and managing funding and expectations across the Town. The management of trees is the most frequent issue or concern cited in calls and emails to PPW. In 2023, Parks and Public Works processed 397 work orders related to tree services and requests in addition to the 214 permits processed for private removals. PPW attempts to balance these demands while maintaining a regular block pruning schedule, but this can be challenging given community concerns regarding dead or diseased trees and the potential safety concerns these can present.

As noted above, in winter of 2023, the Town lost a number of significant trees due to storm damage. While staff work to replace trees, the loss of mature trees is an ongoing environmental and quality of life concern within the Town. Some community partners have proposed projects to support replacement of lost trees, but these projects are still in the planning stages. For example, afternoon Rotary is considering a re-oaking project at Live Oak Manor Park to celebrate their Centennial. These will be brought forward to Town Council for consideration as plans progress.

Page 1053 ends

PAGE 5 OF 5
SUBJECT: Receive Report on Town of Los Gatos Street Tree Program DATE: February 1, 2024
DISCUSSION (continued):

Information regarding the tree program was presented to the Parks and Sustainability Commission at its December 2023 meeting. The Commission provided feedback including a recommendation that staff modernize the Master Tree List with consideration for species that are native to Los Gatos, and species that support natural habitats. Specific reference was made to the level of detail and guidance that is presented by the City of San Francisco street trees.

Staff is interested in Town Council’s direction on this recommendation.

CONCLUSION:

A successful Town of Los Gatos Street Tree Program is a critical component to maintaining the quality of life of Town residents. The program staff and contractors balance a large number of competing demands and priorities to the best of their ability given available resources. The intent of this memorandum is to raise awareness to Town Council and the community about this program.

COORDINATION:

This memorandum was coordinated with the Town Attorney, Community Development Department, Finance Department and Town Manager’s office. This item was heard by the Parks and Sustainability Commission at its December 2023 meeting.

FISCAL IMPACT:

This is an informational item, and no financial actions are proposed.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachment:

1. Master Tree List

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Master Tree List
(For Use in Town Right-of-Way, Parks, and other Public Areas) Names (Common and Scientific) Notes
Aristocrat Pear
(Pyrus Calleryana 'Aristocrat')
Australian Willow
(Giejere Parviflora)
Big Leaf Maple
(Acer Macrophyllum)
Black Tupelo
(Nyssa Sylvatica) Consider as a replacement for Liquid Amber Bradford Pear
(Pyrus Calleryana 'Bradford')
Cajeput Tree
(Melaleuca Leucadendra)
California Bay
(Umbellularia Californica)
California Buckeye
(Aesculus Californica)
California Sycamore
(Platanus Racemosa)
Camphor
(Cinnamomum Camphora) Replacement Only
Canary Island Pine
(Pinus Canariensis) Not suitable as street tree
Carolina Cherry
(Prunus Caroliniana) Susceptible to blight
Chinese Pistachio
(Pistacia Chinensis) Select neighborhoods only
Coast Live Oak
(Quercus Agrifolia)
Coast Redwood
(Sequoia Sempirvirens) Replacement Only
Crape Myrtle
(Lagerstroemia Indicia, L. x Fauriei)
Dawn Redwood
(Metasequoia Glyptostroboides) Not suitable as street tree Adopted June 15 2009 1
ATTACHMENT 1

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Master Tree List
(For Use in Town Right-of-Way, Parks, and other Public Areas) Names (Common and Scientific) Notes
European Hackberry
(Celtis Australis)
Flaxleaf Paperbark
(Melaleuca Linariifolia) Select neighborhoods only
Flowering Pear
(Pyrus Kawakama)
Goldenrain
(Koelereuateria Paniculata)
Holly Oak
(Quercus Ilex)
Jacaranda
(Jacaranda Mimosifolia)
London Plane
(Platanus Acerifolia)
Select neighborhoods only. Prohibited landscape
plant on SCVWD creeks
Madrone
(Arbutus Menziesii)
Maidenhair
(Gingko Biloba) Male only, including selected forms
Marina Madrone
(Arbutus x 'Marina')
Purple Leaf Plum
(Prunus Blireana)
Red Maple
(Acer Rubrum)
Sawleaf Zelkova
(Zelcova Serrata)
Southern Magnolia
(Magnolia Grandiflora) Including selected forms, Replacement Only Valley Oak
(Quercus Lobata)
Western Redbud
(Cercis Occidentialis)
White Alder
(Alnus rhombifolia)
White Birch
(Betula Alba) Parks Only
Adopted June 15 2009 2

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PREPARED BY: Nicolle Burnham
Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/06/2024
ITEM NO: 8

ADDENDUM
DATE: February 5, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive Report and Provide Input on Town of Los Gatos Street Tree Program REMARKS:

Attachment 2 contains public comments received between 11:01 a.m. Thursday, February 1, 2024, and 11:00 a.m. Monday, February 5, 2024.

Attachments received with the Staff Report:

1. Master Tree List
Attachment received with Addendum:

2. Public comments received between 11:01 a.m. Thursday, February 1, 2024, and 11:00 a.m.

Monday, February 5, 2024.

Page 1057 ends

ATTACHMENT 2
From: Kevin Arroyo
Date: February 1, 2024 at 10:39:55 PM PST
To: Rob Moore <[email protected]>
Subject: Re: Master Tree List

[EXTERNAL SENDER]
Here's my initial comments and I'd like to request consideration for the following native species. There's a right tree for a right place and these are also included on nearby City lists:

Ceanothus "Ray Hartman"
Toyon - Heteromeles arbutifolia
Catalina Ironwood - Lyonothamnus floribundus ssp. floribundus Hollyleaf Cherry - Prunus ilicitfolia
Catalina Cherry - Prunus ilicifolia ssp. lyonii
Blue Elderberry - Sambucus mexicana
Here's some general notes for the Tree List:
- Reorganize the list to place a higher emphasis on native tree species, specifically Oaks. A paragraph on why you should choose native versus non native would be very helpful. - Add notes next to each species. For example, some of these proposed trees may contain berries, which is worth considering for a location. You can reference San Francisco's Public Works list as a guideline below:
https://sfpublicworks.org/services/recommended-street-tree-and-plant-lists From: Kevin Arroyo
Sent: Sunday, February 4, 2024 12:44 PM
To: Council <[email protected]>; Town PPW <[email protected]> Cc: Juanita Salisbury
Subject: Upcoming Town Council Meeting - Agenda Item #8 Comment- Street Tree List [EXTERNAL SENDER]
Hello Town Council & Public Works,
Please see my comments below for the upcoming Council Agenda item #8 regarding the Master Street Tree List:
- Reorganize the Tree list to place a higher emphasis on planting native species; specifically keystone species to support wildlife: Quercus, Prunus, Salix, Artostaphylos, Acer. - Remove invasive, non native species (Bradford Pear, Aristocrat Pear, etc). These trees provide little wildlife value and can quickly spread into nearby open spaces to displace native habitat. - Expand the Tree notes to provide guidance with specific characteristics for planting in the right locations. Juanita Salisbury (CC'd here) is the Director of Friends of Palo Alto Parks and provided the attached notes for inclusion.

Redacted Redacted Redacted

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ATTACHMENT 2
- Add the following native tree species to the Master list. These trees are great candidates for larger spaces (parks, parklets), contribute greatly to biodiversity, and are already included on neighboring City Tree Lists:
- Ceanothus "Ray Hartman"
- Toyon - Heteromeles arbutifolia
- Catalina Ironwood - Lyonothamnus floribundus ssp. floribundus - Hollyleaf Cherry - Prunus ilicitfolia
- Catalina Cherry - Prunus ilicifolia ssp. lyonii
- Blue Elderberry - Sambucus mexicana
I appreciate your efforts to update this list and your commitment to increase biodiversity throughout the Town.

Thank you,
Kevin Arroyo
Redacted

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PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/06/2024
ITEM NO: 9
DATE: January 26, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive a Status Report on Capital Improvement Projects and Provide Direction for the Fiscal Year 2024/25 – 2028/29 Priorities RECOMMENDATION:

Receive a status report on Capital Improvement Projects and provide direction for Fiscal Year 2024/25 – 2028/29 priorities.

EXECUTIVE SUMMARY:

The Town of Los Gatos Capital Improvement Plan currently includes 63 funded projects. Eleven of these are ongoing projects that receive annual funding with work completed each year to ensure high quality infrastructure. The remaining 52 are one-time projects that are specialized improvements or upgrades.

This report provides the status of current projects and proposes the following potential priorities for Town Council direction:

1. Continue to fund the ongoing projects (see Table 2), consider additional funding for the ADA compliance work, and restore Annual Restriping Projects.

2. Increase funding as available for six existing one-time projects (see Table 3).

3. Consider two new projects at the Town’s Parks and Public Works Yard that are critical to operations and consider an increasing the Pavement Condition Index (PCI) goal from 75 to 78.

4. Direct staff on how to prioritize implementation of five potential new projects.

Council’s direction will inform the development of a proposed five-year Capital Improvement Plan (CIP).

Page 1060 ends

PAGE 2 OF 10
SUBJECT: Capital Improvement Projects Status and Discussion of Priorities DATE: January 26, 2024
BACKGROUND:

The Town of Los Gatos Capital Improvement Plan (CIP) supports the safe and efficient operation and management of Town-owned infrastructure and assets. Town-owned assets include 17 park and open space areas that total 223 acres, nine miles of trail, 113 miles of roadways (236 lane miles), 576,000 linear feet of sidewalks, 31 traffic signals, 2,100 street lights, 12 public buildings totaling 139,373 square feet, and 23 surface parking lots (including lots in parks), and one underground parking structure. These major assets are supported by ancillary assets like restroom buildings (five total), storm drainage systems, retaining walls, and traffic signs.

Each year, staff evaluates projects for inclusion in the five-year Capital Improvement Plan and makes recommendations to add or delete projects and/or increase funding for certain projects.

Capital Projects are allocated by Programs and Project Types as noted in Table 1.

Table 1. List of CIP Programs and Project Types
Program Name Project Type
Streets Street Reconstruction and Resurfacing
Street Repairs, Maintenance and Safety
Street Improvements
Bridges
Parks and Trails Parks
Trails
Public Facilities Town Infrastructure
Equipment
The purpose of this report is to provide Town Council the opportunity to review the status of existing projects and provide direction for potential new projects should funding be available.

Council’s direction will inform the development a proposed five-year Capital Improvement Plan.

The current funding status of projects in the current CIP and spending through December 31, 2023 is presented in Attachment 1.

In preparing the CIP, consideration is given to the amount of funding available and/or anticipated from a variety of various funding sources – Measure G, Construction Impact Fees, Gas Tax, Utility Undergrounding Fees, Refuse Vehicle Impact Fees, Measure B, Traffic Mitigation Fees, Storm Drainage Fees, Grant Funds and, when available, the General Fund Special/Capital Projects Reserve. The availability of funding from these sources varies from year to year. Many of these have specific dedicated uses and so must be applied to specific projects (e.g., roadway resurfacing or storm drainage improvements).

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PAGE 3 OF 10
SUBJECT: Capital Improvement Projects Status and Discussion of Priorities DATE: January 26, 2024
BACKGROUND (continued):

Existing Capital Projects
Capital projects as presented in the CIP are either ongoing with funding added annually, or onetime projects that have a specific scope with a start and end date. Table 2 lists the current ongoing annually funded capital projects.

Table 2. Ongoing and Annually Funded Capital Projects (2023/24 – 2027/28 CIP) Project Name Project No. Funding Program Project
Purpose1
Street Repair & Resurfacing
811-9901 /
811-9903 Streets 1,2,3,5
Unanticipated Repairs - Annual 811-9904 Streets 1,4
Roadside Fire Fuel Reduction 812-0130 Streets 1,5
Measure B Education & Encouragement 812-0134 Streets 1,2,3 Curb, Gutter, Sidewalk Maintenance 813-9921 Streets 1,3,4 Retaining Wall + Guardrails Repairs 815-9930 Streets 1,2,3,5 Annual Storm Drain Improvement Project 816-0420 Streets 1,3,4,5 Town Beautification 821-2002 Public Facilities 3,5
Annual ADA Compliance Work 821-2013 Public Facilities 1,3,4,5 Parks Playground Fibar Project (Bi-Annual) 831-4605 Parks and Trails 1,3,4 Vegetation Management Town-wide 832-4508 Parks and Trails 1,5 Notes: 1. Project Purposes are: (1) Safety, (2) Traffic/Transportation, (3) Quality of Life, (4) Regulatory or Legal Mandate, (5) Effective Management of Existing Assets and (6) Improvement In addition to the 11 ongoing annually funded projects, the current capital plan includes 52 onetime projects. While these one-time projects may span numerous years, the project is still considered one-time in that it has a specific starting and ending point. Attachment 2 provides the list of these projects and their status. Some of these one-time projects are noted as being on hold at the present time. This is attributed to a vacancy in the lead Engineering position on the Capital Projects delivery team, and the need to address specific issues on other projects in 2023. The Shannon Road (Diduca Way to Santa Rosa) lane closure in August 2023 and subsequent temporary repair in December 2023 is an example of the issues that required attention of the Engineering Team.

Page 1062 ends

PAGE 4 OF 10
SUBJECT: Capital Improvement Projects Status and Discussion of Priorities DATE: January 26, 2024
BACKGROUND (continued):

Staff expects to close the following projects before the end of the 2023/24 fiscal year:
 Traffic Signal Modernization (Project No. 813-0227)
 Storm Related Repairs (Project No. 813-0243)
 Downtown Parking Lots Seal coat & Restriping (Project No. 817-0705)  Downtown Restroom Feasibility Study (Project No. 821-2011)  Adult Recreation Center - HVAC Unit Replacement (Project No. 821-2207)  HVAC Improvements – POB (Project No. 821-2403)
 ADA Upgrade Public Restrooms - Adult Recreation Center (Project No. 821-2601)  Americans with Disabilities Act (ADA) Transition Plan project (Project No. 812-0129)  Losal Road Safety Plan (Project No. 812-0132)
 Winchester Boulevard Complete Streets Final Design (Project No. 813-0238) Additional projects may be closed depending on work progress through Spring 2024. Staff is proposing to close the Americans with Disabilities Act (ADA) Transition Plan project (Project No. 812-0129) and increase funding in the annual and ongoing category (Project No. 821-2013) to support compliance work.

DISCUSSION:

In considering funding priorities for the CIP, staff follows the guidance provided by various Town documents, including: Council Strategic Priorities, General Plan, Bicycle and Pedestrian Master Plan, Pavement Management Program, Stormwater Master Plan, Facilities Condition Assessments, the ADA Transition Plan, and legislative mandates. Project ideas and needs are also identified from field observations by Town staff, input from residents, and ideas from Town Commissions.

For this discussion and to provide insight into the considerations for CIP recommendations, projects are presented and discussed in four categories:
1) Ongoing and Annually Funded Projects;
2) Underfunded Existing One-Time Projects;
3) Infrastructure Backlog Items;
4) Other Projects for Consideration; and
5) Los Gatos Theater.

With this current report staff is not recommending specific funding allocations as these will be dependent on the budget forecast, which is anticipated to be reviewed by Town Council at the February 20, 2024 meeting. Once accepted by Council, staff will recommend funding

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PAGE 5 OF 10
SUBJECT: Capital Improvement Projects Status and Discussion of Priorities DATE: January 26, 2024
DISCUSSION (continued):
allocations across the priority projects identified through the direction provided for this current item.

Ongoing and Annually Funded Projects
Each of the ongoing projects noted in Table 2 support various identified strategic initiatives of the Town, such as quality public infrastructure, safety for all modes of travel (motorist, cyclist, and pedestrian), and playground safety. Staff is recommending that these project categories continue to be funded annually. Staff recommends that consideration given to increasing the level of funding for the ADA compliance work. Additional funding would support implementation of improvements and the required ongoing management of the database that tracks the Town’s ADA compliance efforts.

It is also recommended that one new category be added/restored: Annual Street Restriping.

The ongoing and annually funded Annual Street Restriping project (formerly Project No. 811- 9902) was eliminated in the 2023/24 CIP. This change was made because this work can often be combined with the Annual Street Resurfacing Project (Project No. 811-9901). However, during this year, it became clear that having a separate funding source would provide flexibility in executing one-off street restriping projects that are sometimes needed. For example, restriping crosswalks can often be needed at times and in locations that do not coincide with the Annual Street Resurfacing Project.

Underfunded Existing One-Time Projects
Consistent with past Council direction, this review of capital projects identifies opportunities to provide additional funding for underfunded projects already in progress to help move them forward to completion. Given the progress on projects in 2023/24, staff is recommending funding increases on a very limited number of projects as presented in Table 3. If Council wishes to add funding to these projects, the actual amount of funding to be added will be determined based on available capital funding and will be included as part of the proposed fiveyear Capital Improvement Plan.

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PAGE 6 OF 10
SUBJECT: Capital Improvement Projects Status and Discussion of Priorities DATE: January 26, 2024
DISCUSSION (continued):

Table 3. Staff Recommended Priorities for Additional Funding to Existing One-Time Projects Project Name Project No. Funding
Program
Project
Purpose1
Past Funding
(From
Attachment 1)
Estimated
Additional
Funding
Required2
Rationale for Additional
Funding
Shannon Road
Repair
(Stabilization)
811-0008 Streets 1,2,3,5,6 $4,517,943 $130,000 Anticipated property acquisition costs
Hwy 17/9
Interchange and
Capacity
Improvements -
Hwy 17 Congestion
Relief Project (@ SR
9)
813-0237 Streets 1,2,3,6 $3,867,000 $8,600,000 Estimated Town match $11M required. Existing CIP proposes
$800,000 per year starting in
2025/26.

Highway 17 Bicycle
& Pedestrian Bridge
- Design
818-0803 Streets 1,2,3,6 $3,786,885 $6,322,156 Past allocations funded design.

Project design to be complete in
2024. Matching funds for
construction grants will be
needed.

Civic Center
Plumbing Repair
821-2120 Public
Facilities
5 $40,000 $120,000 Existing funding is inadequate
for the level of work required.

Staff suggests additional modest
funding per year over the next
four years.

Town Plaza Turf
Repair
831-4202 Parks and
Trails
3,5,6 $42,000 $40,000 Existing funding is not adequate
to complete meaningful
improvements to address root
intrusion and grass impacts.

Creekside Park Turf
Replacement
831-4404 Parks and
Trails
1, 5 $500,000 $500,000 Existing funding covers portion
of the cost. Community group
may fund up to $200,000
Notes:

1. Project Purposes are: (1) Safety, (2) Traffic/Transportation, (3) Quality of Life, (4) Regulatory or Legal Mandate, (5) Effective Management of Existing Assets and (6) Improvement.

2. Preliminary opinion of needs over the life of the project. Funding for some projects may be spread over multiple years.

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PAGE 7 OF 10
SUBJECT: Capital Improvement Projects Status and Discussion of Priorities DATE: January 26, 2024
DISCUSSION (continued):

Infrastructure Backlog Items
When considering new projects for future funding, staff continues to consider the project needs that were identified in the CIP report presented as Item 13 in the Town Council meeting of March 1, 2022. Needs that were identified in March 2022 included:

Facilities Needs: Facility assessments were completed in 2022 for all Town-owned facilities and deficiencies were identified. While the total 15-year funding need for facilities was estimated to be $19,957,500, five buildings represented 84.5% of that cost: Adult Recreation Center ($2,051,500), Civic Center ($6,424,000), Library ($1,620,000), Police Operations Building (POB) ($1,492,500), and the Theatre ($5,274,500). Minor improvements (characterized as less than $1 million per building 15 years) were identified at park restrooms, the Parks and Public Works Yard, and the Youth Recreation Center. Prior capital budgets addressed facilities related needs and these improvements are currently underway. Notably, there is some overlap between these costs and the ADA Upgrade Requirements.

In spring 2024, staff will be compiling the deficiencies noted in these assessments and working to develop a long-term capital plan for the Town’s buildings. In the meantime, certain critical needs have been identified that staff recommends considering for priority:
 Replacing the Transfer Switch and Generator at the PPW Yard: The transfer switch was recommended for replacement in early 2023. These components are outdated. In danger of failing, and replacement parts are no longer available for them. If the PPW Yard loses power, then numerous PPW operations would cease, as would the Town’s ability to fuel vehicles at the service yard.
 Improvements to the Fleet Servicing Bays: The Town employs 1.5 FTE mechanics to manage the more than 80 vehicles in its fleet, making efficiency critical to maintaining operations. The current fleet bay is too small for certain larger vehicles that the Town owns. When these vehicles are being repaired the bay doors to the building cannot be secured. As such, the mechanics need to move vehicles in and out of the bay each workday which often means reassembling vehicles, moving them to the yard, and then having to disassemble them again the next day. Reconstructing the garage is cost prohibitive so staff has identified a location to install a covered workspace and add paving to allow for work to be completed on these larger vehicles without needing to bring them into the garage. This would allow the vehicles to remain disassembled overnight and improve the efficiency of the fleet management.

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PAGE 8 OF 10
SUBJECT: Capital Improvement Projects Status and Discussion of Priorities DATE: January 26, 2024
DISCUSSION (continued):

Pavement Maintenance: In 2016, an assessment of street pavement was conducted and revealed a Pavement Condition Index (PCI) of 67, on a scale of 1 (Lowest) to 100 (new roadway). Based on this, the Town Council set a PCI goal of 75. The current PCI is 75. It is common for the PCI goal to be increased as a goal is achieved. Therefore, the Town should be considering an increase in PCI goal to 78. Funding of $4.4 million annually is required to achieve that goal.

It should be noted that the pavement maintenance funding serves a dual role, whenever possible, of enhancing crosswalks for pedestrian safety and providing bike lanes. When planning paving projects, the design team considers necessary bicycle and pedestrian improvements and incorporates those into the work plan each year.

Stormwater Infrastructure: In 2020, a project was created to perform Stormwater Master Planning. While initially conceived as a Town-wide project, the funding was not adequate to analyze drainage systems throughout the Town so a select number of systems were evaluated and improvements were recommended. The value of those improvements were estimated at $15M in 2020 dollars. New projects were added last year to address deficiencies in the storm drainage system and these projects will be advanced in 2024. No new projects are proposed for this year so staff can focus on delivering the existing projects.

Other Project for Consideration
There are certain new projects that staff recommends for consideration. These include:
 Resurfacing tennis courts at Blossom Hill Park and LaRinconada Park: Staff has been working with Los Gatos Saratoga Recreation and the Parks and Sustainability Commission to mitigate the impact of pickleball play at LaRinconada. Concerns regarding noise associated with pickleball was discussed in detail at the October meeting of the Parks Commission (now Parks and Sustainability Commission). A copy of the staff memo on this topic is included in Attachment 3. At that meeting the Commission recommended restriping one court at Blossom Hill Park for the dual use of tennis and pickleball. Staff indicated this idea would be included for Council consideration during development of the capital budget. In addition to the need for additional pickleball courts, the courts at both parks require resurfacing. The resurfacing of courts was proposed for the 2023/24 CIP but not funded.  Coating the Air Force Plane at Oak Meadow Park: This work is required in accordance with our agreement with the United States Airforce and is overdue to be completed.

The work serves to preserve the plane.

Page 1067 ends

PAGE 9 OF 10
SUBJECT: Capital Improvement Projects Status and Discussion of Priorities DATE: January 26, 2024
DISCUSSION (continued):
 Blossom Hill Road Safety Improvements: The Town of Los Gatos has been awarded a federal grant through the Safe Streets for All (SS4A) Program to complete planning for potential safety improvements on Blossom Hill Road from Union Avenue to Camden Avenue. This work will be coordinated with the City of San José (CSJ). The grant includes a requirement for a local 20% match of $160,000. Staff anticipates splitting this match with CSJ and will pursue the appropriate agreement for this cost share. With that cost share, the Town of Los Gatos will need to provide matching funds of at least $80,000 for its portion.
 Townwide Parks Master Plan: The Town has 17 park and open space assets under its control. There is no recent evaluation of these spaces, nor recent targeted engagement with the community to determine if the available assets are meeting the Town’s needs.

In addition, with potential future residential growth, staff recommends that planning be undertaken to ensure there are adequate park resources to meet future demands.  Streetscape enhancements on Overlook Road between Chestnut Avenue and Wissahickon Avenue: The recent removal of 18 eucalyptus trees caused damage to the asphalt pathway along the road, and there are now no street trees in this location.

Residents of this area have expressed interest in having new trees planted. There is no dedicated funding source for this work. Staff is evaluating removal of the remaining asphalt using operating funds while the next steps of this work would need additional funding.
 Downtown Streetscape: The existing project named Downtown Streetscape Revitalization / Economic Recovery Efforts (Project No. 813-0235) was created with the idea of re-visioning and reconstructing Santa Cruz Avenue from Highway 9 to Broadway.

Past funding was used to construct parklets and was augmented with American Rescue Act Plan (ARPA) Replacement Revenue Funding. Santa Cruz Avenue will be scheduled for repaving within the next three years as part of the annual paving project. Staff would like direction regarding whether that should be delayed to allow for a streetscape design should be considered to enhance the overall appearance of this road.  Event Closure Implementation for Montebello Way: Montebello Way is heavily used for downtown events and is regularly subject to closures from vehicular traffic. Staff has evaluated installation of collapsible bollards across both ends of this road to make event related closures easier to complete, and more consistent in its implementation.

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PAGE 10 OF 10
SUBJECT: Capital Improvement Projects Status and Discussion of Priorities DATE: January 26, 2024
DISCUSSION (continued):

Los Gatos Theatre
The agreement for operation of the Los Gatos Theatre is intended to be self-sustaining, with required capital improvements funded from rental payments. Operation of the theater is entering its second year so the available funding for capital improvements is still being evaluated. Recognizing that the Town cannot fund significant improvements until further into the contract term, the theater operator, CineLux, funded and completed certain improvements to ensure the quality if their guest experience and will seek reimbursement for some of these through the agreement. In addition, CineLux has asked staff to consider funding the replacement of seats in both auditoriums. The seat replacement will not be proposed to Council until sufficient funding is available in the Theatre Fund to cover the approximately $300,000 in costs but is mentioned here for information purposes.

CONCLUSION:

It is unlikely that there will be adequate capital funding available to fund all of the town’s needs. At this time staff is seeking feedback from Town Council regarding their priorities for allocating what funding may be available.

COORDINATION:

This memorandum was coordinated with the Town Manager, Town Attorney, and Finance Director.

FISCAL IMPACT:

This item provides direction regarding capital funding priorities to be considered in building the five-year CIP for 2024/25 through 2028/29. No specific budget actions are proposed at this time.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Current Funding of CIP FY 2023/24 – 2027/28

2. Status of Currently Funded One-Time Capital Projects

3. Staff Memorandum to Parks Commission dated September 28, 2023

4. Public Comment Received Prior to 11:00 AM on February 1, 2024

Page 1069 ends

Current Funding of CIP
FY 2023/24 ‐2027/28

STREETS PROGRAM SUMMARY
Project
Number Project Name
FY 2018/19 ‐
2022/23 Spending FY 2023/24 Actuals
FY 2023/24
Adjusted
Budget as of
12/31/2023
FY 2024/25
Budget
FY 2025/26
Budget
FY 2026/27
Budget
FY 2027/28
Budget Total Budgeted
Reconstruction
9901 Street Repair & Resurfacing 12,128,469.07 2,670,467.89 7,755,984 3,243,947 3,243,947 3,243,947 3,243,947 32,860,240 9903 Pavement Rehab‐Crack Seal 1,109,499.42 180,000.00 360,000 180,000 180,000 180,000 180,000 2,189,499 Maintenance‐Safety
9904 Unanticipated Repairs ‐ Annual ‐ ‐ 100,000 100,000 100,000 100,000 100,000 500,000 9930 Retaining Wall Repairs 226,540.74 1,073.58 566,799 50,000 50,000 50,000 50,000 993,340 0008 Shannon Road Repair* 433,152.13 140,577.48 4,442,912 ‐ ‐ ‐ ‐ 4,876,064 0009 North 40 Traffic Mit ‐ 47,976.98 ‐ ‐
0129 ADA Transition Plan 162,100.00 8,050.00 22,900 ‐ ‐ ‐ ‐ 185,000 0130 Roadside Fire Fuel Reduction8 999,809.00 340.00 1,572,191 100,000 100,000 100,000 100,000 2,972,000 0131 East Main Street Speed Table/Raised Crosswalk* 43,700.00 ‐ 271,300 ‐ ‐ ‐ ‐ 315,000 0132 Local Road Safety Program 103,306.93 12,081.78 25,000 ‐ ‐ ‐ ‐ 128,307 0133 VMT Mitigation Program 134,767.04 9,354.33 115,233 ‐ ‐ ‐ ‐ 250,0000134 Measure B Education & Encouragement 18,670.91 ‐ 119,674 ‐ ‐ ‐ ‐ 138,345 0135 Town‐wide Speed Studies ‐ ‐ 80,000 ‐ ‐ ‐ ‐ 80,000 Street Improvements
9921 Curb, Gutter & Sidewalk Maintenance 2,596,962.39 89,535.00 445,832 300,000 300,000 300,000 300,000 4,242,794 0218 Shannon Road Pedestrian and Bikeway Improvements* 263,303.56 78,979.16 2,043,823 ‐ ‐ ‐ ‐ 2,307,127 0225 Utility Undergrounding Improvements 2,851.67 ‐ 299,573 ‐ ‐ ‐ ‐ 302,4250227 Traffic Signal Modernization 1,986,927.96 38,443.75 635,333 ‐ ‐ ‐ ‐ 2,622,261 0235 Downtown Streetscape Revitalization/Economic Recovery Efforts 1,929,139.50 239,867.38 912,500 ‐ ‐ ‐ ‐ 2,841,640 0237 Highway 17/9 Interchange and Capacity Improvements 600,000.00 ‐ 867,000 ‐ 800,000 800,000 800,000 3,867,000 0238 Winchester Boulevard Complete Streets Final Design 141,323.72 ‐ 1,734,250 ‐ ‐ ‐ ‐ 1,875,574 0240 Winchester Class IV Bikeway 942,061.55 ‐ 693,560 ‐ ‐ ‐ ‐ 1,635,622 0241 Kennedy Sidewalk ‐ LGB To Englewood ‐ ‐ 631,126 ‐ ‐ ‐ ‐ 631,126 0242 Parking Program Implementation 153,110.08 17,294.00 445,390 ‐ ‐ ‐ ‐ 598,500 0243 Storm Related Repairs 5,250.00 18,065.00 39,050 ‐ ‐ ‐ ‐ 44,300 0414 Stormwater System ‐ Pollution Prevention Compliance 22,722.11 38,746.68 265,278 ‐ ‐ ‐ ‐ 288,000 0420 Annual Storm Drain Improvement Project 291,180.75 ‐ 252,219 ‐ ‐ ‐ ‐ 543,400 0421 Loma Street Drainage ‐ ‐ 100,000 250,000 496,300 ‐ ‐ 846,300 0422 Harwood/Belridge Drainage Study ‐ ‐ 100,000 ‐ ‐ ‐ ‐ 100,000 0423 709 University Avenue Drainage System Replacement ‐ ‐ 200,000 ‐ ‐ ‐ ‐ 200,000 0424 333 University Avenue Inlet Capacity Improvements ‐ ‐ 50,000 ‐ ‐ ‐ ‐ 50,000 0705 Downtown Parking Lots Seal Coat & Restriping 59,924.00 ‐ 15,161 10,000 ‐ 10,000 ‐ 95,085 0708 Parking Lot 4 Repair & Waterproofing 199,800.00 ‐ 50,200 ‐ ‐ ‐ ‐ 250,000 Bridges
0801 Quito Road ‐ Bridge Replacement ‐ ‐ 285,087 ‐ ‐ ‐ ‐ 285,087 0803 Highway 17 Bicycle & Pedestrian Bridge ‐ Design 1,083,237.92 198,652.56 3,374,064 ‐ ‐ ‐ ‐ 4,457,302 0804 Timber Bridge Inspection ‐ ‐ ‐ ‐ 25,000 25,000 ‐ 50,000 Total Streets Projects $ 25,637,810 $ 3,789,506 $ 28,871,439 $ 4,233,947 $ 5,295,247 $ 4,808,947 $ 4,773,947 $ 73,621,337 * Includes ARPA Replacement Revenue Funding 1 of 2 ATTACHMENT 1

Page 1070 ends

Current Funding of CIP
FY 2023/24 ‐2027/28

PARK & TRAILS PROGRAM SUMMARY
Prior Years
Spending 2023/24 Actuals 2023/24 Budget
2024/25
Budget
2025/26
Budget
2026/27
Budget
2027/28
Budget Total Budgeted
Parks
4007 Oak Meadow Bandstand Area Improvements 22,282.42 ‐ 264,448 ‐ ‐ ‐ ‐ 286,730 4202 Town Plaza Turf Repairs 1,000.00 ‐ 27,000 15,000 ‐ ‐ ‐ 43,000 4404 Creekside Park Turf Replacement* ‐ ‐ 500,000 ‐ ‐ ‐ ‐ 500,000 4605 Parks Playground Fibar Project 29,071.20 ‐ 56,969 25,000 ‐ 25,000 ‐ 136,040 4610 Pinehurst Community Garden* 14,314.20 22,524.24 270,686 100,000 ‐ ‐ ‐ 385,000 Trails
4503 Charter Oaks Trail Repair 72,941.84 ‐ 474,891 ‐ ‐ ‐ ‐ 547,833 4504 Open Space Trail Upgrades ‐ ‐ 152,000 ‐ ‐ ‐ ‐ 152,000 4505 Los Gatos Creek Trail to Highway 9 Trailhead Connector Project 691,999.96 170,319.51 8,829,851 ‐ ‐ ‐ ‐ 9,521,851 4508 Vegetation Management ‐ Town Wide 244,826.23 5,391.75 102,881 100,000 100,000 100,000 100,000 747,707 4510 Lynn Ave Pedestrian Path Design* ‐ 16,017.02 190,000 100,000 ‐ ‐ ‐ 290,000 Total Parks Projects $ 1,076,436 $ 214,253 $ 10,868,726 $ 340,000 $ 100,000 $ 125,000 $ 100,000 $ 12,610,161

PUBLIC FACILITIES PROGRAM SUMMARY
Prior Years
Spending 2023/24 Actuals 2023/24 Budget
2024/25
Budget
2025/26
Budget
2026/27
Budget
2027/28
Budget Total Budgeted
Infrastructure
2002 Town Beautification 44,796.51 9,957.85 25,203 15,000 15,000 15,000 15,000 130,000 2009 Public Art Gateway Project* 50,000.00 20,500.00 81,500 37,500 37,500 ‐ ‐ 206,500 2011 Downtown Restroom Feasibility Study* ‐ 23,000.00 25,000 ‐ ‐ ‐ ‐ 25,000 2012 Emergency Preparedness* ‐ ‐ 96,780 ‐ ‐ ‐ ‐ 96,780 2013 Annual ADA Compliance Work ‐ ‐ 10,000 10,000 10,000 10,000 10,000 50,000 2117 ADA Restrooms And HR Offices 74,924.00 69,203.00 905,076 ‐ ‐ ‐ ‐ 980,000 2120 Civic Center Plumbing Repair* ‐ ‐ 40,000 ‐ ‐ ‐ ‐ 40,0002206 Adult Rec Ctr Floor Repr 155,169.60 877.25 ‐ 155,1702207 Adult Recreation Center HVAC 195,404.34 ‐ 114,596 ‐ ‐ ‐ ‐ 310,000 2208 ARC ‐ Interim Community Center ‐ ‐ 866,281 ‐ ‐ ‐ ‐ 866,281 2302 Building Replacement at Corporation Yard 2,139,969.12 133,386.09 507,033 ‐ ‐ ‐ ‐ 2,647,002 2309 Termite Abatement at Water Tower* ‐ 2,100.00 24,500 ‐ ‐ ‐ ‐ 24,500 2310 Engineering Counter Modifications* ‐ ‐ 40,000 ‐ ‐ ‐ ‐ 40,0002403 HVAC Improvement ‐ POB Building8 ‐ ‐ 25,000 ‐ ‐ ‐ ‐ 25,0002404 POB Space Study ‐ ‐ 75,000 ‐ ‐ ‐ ‐ 75,0002504 Library Improvements ‐ ‐ 22,000 ‐ ‐ ‐ ‐ 22,000 2505 Battery Power Supply ‐ Library 439,466.20 100,716.20 103,534 ‐ ‐ ‐ ‐ 543,000 2601 ADA Upgrade Public Restrooms ‐ Adult Recreation Building 52,081.26 ‐ 599,898 ‐ ‐ ‐ ‐ 651,979 Equipment
6003 Town‐Wide Document Imaging Project ‐ ‐ 16,990 ‐ ‐ ‐ ‐ 16,9906101 Enterprise Resource Planning Upgrade 281,154.17 166,899.90 1,132,425 ‐ ‐ ‐ ‐ 1,413,579 6103 EOC Communications Upgrade 24,716.93 ‐ 25,283 ‐ ‐ ‐ ‐ 50,000 6104 It Disaster Recovery Improvements 171,162.88 ‐ 28,837 ‐ ‐ ‐ ‐ 200,000 Total Facilities Projects $ 3,628,845 $ 526,640 4,764,935 62,500 62,500 25,000 25,000 8,568,780 Total Capital Improvement Allocations FY23/24 through 27/28 $ 30,343,091 $ 4,530,398 $ 44,505,101 $ 4,636,447 $ 5,457,747 $ 4,958,947 $ 4,898,947 $ 94,800,279 * Includes ARPA Replacement Revenue Funding 2 of 2

Page 1071 ends

Attachment 2
Status of Currently Funded One‐Time Capital Projects
Project Name Project No. Funding Program Project Catgory1 Project Phase as of 12/31/23
Shannon Road Repair (Stabilization) 811‐0008 Streets 1,2,3,5,6 100% Design ADA Transition Plan 812‐0129 Streets 1,3,4,5 Close Out
E. Main Street Speed Table/Raised Crosswalk 812‐0131 Streets 1,2,3 Hold Local Road Safety Plan (LRSP) 812‐0132 Streets 1,2 Complete VMT Mitigation Program 812‐0133 Streets 2,4 95% Complete Town‐wide Speed Studies 812‐0135 Streets 1,2,4 Hold
Shannon Road Ped & Bikeway Improvements 813‐0218 Streets 1,2,3 100% Design Utility Undergrounding Improvements ‐ Rule 20A LGB 813‐0225 Streets 1,6 Hold Traffic Signal Modernization 813‐0227 Streets 1,2,3,5,6 Close Out Downtown Streetscape Revitalization / Economic
Recovery Efforts 813‐0235 Streets 3,5,6 Hold
Hwy 17/9 Interchange and Capacity Improvements ‐
Hwy 17 Congestion Relief Project (@ SR 9) 813‐0237 Streets 1,2,3,6 Concept Design Winchester Blvd. Complete Streets Final Design 813‐0238 Streets 1,2,3,6 CANCELLED Winchester Class IV Bikeway 813‐0240 Streets 1,2,3 Close Out Kennedy Sidewalk ‐ LGB to Englewood 813‐0241 Streets 1,2,3 Hold Parking Program Implementation 813‐0242 Streets 3,5 Hold Storm Related Repairs 813‐0243 Streets 1,3,5 Complete
Stormwater System ‐ Pollution Prevention
Compliance 816‐0414 Streets 4 Consultant Selection
Loma Street Drainage 816‐0421 Streets 1,5 Hold
Harwood / Belridge Drainage Study 816‐0422 Streets 3.5 Hold 709 University Avenue Drainage System Replacement 816‐0423 Streets 1,3,5 Hold 333 University Avenue Inlet Capacity Improvements 816‐0424 Streets 1,2,5 Hold Downtown Parking Lots Seal coat & Restriping 817‐0705 Streets 2,5 Complete Parking Lot 4 Repair & Waterproofing 817‐0708 Streets 5 Construction Quito Road Bridge (Delivered via Town of Saratoga) 818‐0801 Streets 1,2,5,6 100% Design Highway 17 Bicycle & Pedestrian Bridge ‐ Design 818‐0803 Streets 1,2,3,6 35% Design Timber Bridge Inspection 821‐0804 Streets 1,2,3,4,5 Hold Public Art Gateway 821‐2009 Public Facilities 3,6 Hold
Downtown Restroom Feasibility Study 821‐2011 Public Facilities 3,6 95% Complete Emergency Preparedness 821‐2012 Public Facilities 1 10% Complete ADA Restrooms and HR Offices 821‐2117 Public Facilities 3,4,5,6 100% Design Civic Center Plumbing Repair 821‐2120 Public Facilities 5 Bidding Adult Recreation Center ‐ HVAC Unit Replacement 821‐2207 Public Facilities 3,5 Complete ARC ‐ Create Space 821‐2208 Public Facilities 3, 6 HOLD Building Replacement at Corporation Yard 821‐2302 Public Facilities 5,6 Close Out Termite Abatement at Water Tower ‐ 41 Miles
Avenue 821‐2309 Public Facilities 5 50% Complete
Engineering Counter Modifications 821‐2310 Public Facilities 3,5,6 100% Design HVAC Improvements ‐ POB 821‐2403 Public Facilities 3,5 Complete POB Space Study 821‐2404 Public Facilities Hold
Sound Mitigation in Library Lobby 821‐2504 Public Facilities 3,5 Concept Design Battery Power Supply ‐ Library 821‐2505 Public Facilities 5,6 Construction ADA Upgrade Public Restrooms ‐ Adult Recreation
Center 821‐2601 Public Facilities 3,5,6 Construction
Oak Meadow Bandstand Area Improvements 831‐4007 Parks and Trails 3,6 100% Design Town Plaza Turf Repair 831‐4202 Parks and Trails 3,5,6 Hold Creekside Park Turf Replacement 831‐4404 Parks and Trails Hold Pinehurst Community Garden 831‐4610 Parks and Trails 3,5,6 Concept Design Charter Oak Trail Improvements 832‐4503 Parks and Trails 1,3,5 Hold Open Space Trail Upgrades 832‐4504 Parks and Trails 1,3 Hold LGC Trail to Route 9 Trailhead Connector Project 832‐4505 Parks and Trails 1,2,3,6 Construction Lynne Avenue Pedestrian Path Design 832‐4510 Parks and Trails 3,5,6 Concept Design Town‐wide Document Imaging Project 841‐6003 Public Facilities 4,5 In‐progress 1/30/2024
1 ATTACHMENT 2

Page 1072 ends

Attachment 2
Status of Currently Funded One‐Time Capital Projects
Project Name Project No. Funding Program Project Catgory1 Project Phase as of 12/31/23
Enterprise Resource Planning (ERP) Upgrade 841‐6101 Public Facilities 1,5 In‐progress EOC Communication Upgrade 841‐6103 Public Facilities 1,5 In‐progress IT Disaster Recovery Improvements 841‐6104 Public Facilities 1,5,6 In‐progress Notes: 1) Project Type: (1) Safety; (2) Traffic / Transportation; (3) Quality of Life; (4) Regulatory or Legal Mandate; (5) Effective Management of Assets; (6) Improvement
1/30/2024
2

Page 1073 ends

110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

PARKS COMMISSION REPORT
MEETING DATE: 10/02/2023
ITEM NO: 2
DATE: September 28, 2023
TO: Parks Commission
FROM: Nicolle Burnham, Parks and Public Works Director
SUBJECT: Discuss and Provide Feedback on Pickleball at La Rinconada Park RECOMMENDATION:

Discuss and provide feedback on pickleball at La Rinconada Park.

BACKGROUND:

At its meeting of June 4, 2018, the Los Gatos Parks Commission (Commission) received a report from staff recommending that the tennis court at La Rinconada Park (Park) be striped to accommodate pickleball and that a pilot program for pickleball be initiated. The Commission supported this recommendation.

In Fall of 2018 the Town of Los Gatos entered into an agreement with First Serve Productions to layout and stripe four pickleball courts on top of the existing tennis court at the Park.

On April 1, 2019, the Commission heard a report indicating that the pickleball pilot had been successful and recommending that the courts be programmed two days each week for pickleball under the guidance of Los Gatos Saratoga Recreation. The Commission supported this recommendation.

On August 5, 2019, the Commission heard a report from Los Gatos Saratoga Recreation (LGS Rec) regarding their pickleball program. The report indicated that programming was scheduled for Monday, Wednesday and Friday from 9 AM to 12 PM. Since the pilot program was initiated in 2019 pickleball use at the Park has grown to seven days per week during most hours in which the park is open (sunrise to one hour after sunset). At present, LGS Rec runs pickleball programs at La Rinconada six days a week with a combination of open play and lessons. A total of 20.5 hours per week is dedicated to LGS Rec use. All other times are open play for the public.

There is no record of additional discussion of pickleball in Commission meeting minutes until December 5, 2022, when a representative of LGS Rec discussed the need for additional pickleball courts and asked to convert courts at Blossom Hill Park from tennis to pickleball.

ATTACHMENT 3 Page 1074
PAGE 2 OF 5
SUBJECT: Discuss and Provide Feedback on Pickleball at La Rinconada Park DATE: September 28, 2023
BACKGROUND (continued):

During 2023, the Commission has received numerous comments from the public regarding the need for more pickleball courts, and about the adverse impact of pickleball noise on the residential properties near the Park. In addition, staff regularly receives noise complaints about this activity at La Rinconada.

At the August 2023 meeting, staff provided the Commission an overview of concerns about pickleball related noise at the Park and potential options for addressing this. The Commission requested additional information to facilitate discussion of these alternatives.

DISCUSSION:

Management of noise related to pickleball is a chronic problem share by parks and recreation agencies and communities all over the United States. Pickleball paddles and balls are much harder than tennis rackets and balls and so pickleball sounds very different from tennis. With a smaller court, the frequency with which pickleball strike occur adds to the noise impacts. This has proven to be a very challenging issue to resolve.

Three options presented in August were: 1) eliminating pickleball at La Rinconada; 2) implementing acoustic barriers; or 3) requiring the use of “Green Equipment” that are designed to generate less noise. Since the August meeting staff has met with LGS Rec to discuss additional potential solutions.

Option 1 – Eliminate Pickleball at La Rinconada
This is not a preferred option given the level of use the four pickleball courts receive. The loss of four courts would reduce the number of dedicated public pickleball courts in Los Gatos to zero.

Option 2 - Implement Acoustic Barriers
Staff evaluated the installation of an acoustic barrier around the courts. Installation of a hard wall and landscaping would create safety concerns since they would reduce visibility into the court. Installation of acoustic blankets affixed to the existing chain link fence on two sides of the court would be feasible and some courts have succeeded in managing noise with this technique. Staff can install these blankets, but the Town does not have funding to purchase them. The cost to purchase the blankets is $10,000 - $12,000.

Option 3 – Require Use of Pickleball Equipment that Reduces Noise (Called Green Paddles)

Page 1075 ends

PAGE 3 OF 5
SUBJECT: Discuss and Provide Feedback on Pickleball at La Rinconada Park DATE: September 28, 2023
DISCUSSION (continued):

A “green pickleball paddle” refers to a pickleball paddle that is meant to produce less noise than traditional pickleball paddles. The term “green” in the name is used to indicate that they are more environmentally friendly because they produce less noise pollution.

A quiet pickleball paddle is usually made from materials that absorb / dampen vibrations and reduce the amount of noise generated when the paddle strikes the pickleball ball. However, there does not yet appear to be any consistent standard or certification for green pickleball equipment.

Mandating the use of this type of equipment would reduce the noise impacts; however, neither the Town nor LGS Rec has the capacity to enforce this requirement consistently. Regardless, we can still recommend this and ask that the pickleball community be courteous to their neighbors and mindful of their proximity to residences.

Option 4 – Operational Changes
The courts at La Rinconada Park, like most park assets in Los Gatos, are open from sunrise to one hour after sunset seven days per week. Staff has discussed limiting the hours of play by locking the courts each evening and opening them each morning at a set time (e.g., opening at 8 AM and locking at 6 PM). The Town does not have the staff resources to complete this task with consistency. That said, limiting hours of play may provide some relief to the neighborhood and staff recommends installing signage at the court that limits the hours of play.

Staff recommends limiting the hours of pickleball play via signage rather than installing locks. If the pickleball community refuses to adhere to the hours of play, then more drastic measures such as locking can be evaluated.

Option 5 – Convert one Tennis Court at Blossom Hill Park to Pickleball Since La Rinconada Park has the only pickleball courts in Los Gatos, use of the courts is intensive. Additional courts could potentially provide some relief and an alternative location for pickleball play. Staff has discussed with LGS Rec the need to identify other courts and LGS Rec has considered additional courts at locations not owned by the Town. At this time, no other options have been identified.

The tennis courts at Blossom Hill Park are heavily used for tennis. Staff at LGS Rec observed use of the courts at Blossom Hill Park and La Rinconada over a two-week period in September.

Attachment 1 shows the results of these observations. While there are certain times when all courts at Blossom Hill Park are in use for tennis, there are times when courts are vacant.

Page 1076 ends

PAGE 4 OF 5
SUBJECT: Discuss and Provide Feedback on Pickleball at La Rinconada Park DATE: September 28, 2023
DISCUSSION (continued):

Given the observations by LGS Rec staff is willing to consider a pilot program to convert one of those courts to pickleball. One tennis court yields four pickleball court so this conversion would double the number of courts in Town. While there are advantages and benefits to converting a Blossom Hill Court, there are also concerns regarding potential noise impacts and conflicts in play.

Staff recommends that the northwesterly court be converted for the pilot project since it is furthest from the residential properties. The closest residences on Hilow Court and on Fairmead Lane are approximately 280 feet away from court in question. At La Rinconada Park the closest residences are 140 feet from the courts.

If a court at Blossom Hill Park were to be converted, the four pickleball courts would be directly adjacent to a tennis court, creating the opportunity for conflicts between the two uses. Fencing cannot be installed between the courts as it would not provide enough “run off” area adjacent to either use. As part of the pilot program staff would need to monitor concerns presented by users and consider these when discussing making the court permanent.

The cost to stripe one tennis court for pickleball would be $10,000. The Town does not currently have funding for this work.

Page 1077 ends

PAGE 5 OF 5
SUBJECT: Discuss and Provide Feedback on Pickleball at La Rinconada Park DATE: September 28, 2023
CONCLUSION:

Staff has identified options for potentially reducing neighborhood impacts associated with pickleball at La Rinconada Park. Table 1 summarizes these options and the advantages and disadvantages of each.

Table 1. Summary of Options
Option Pros Cons

1. Eliminate pickleball at La
Riconada - Eliminates noise impact - Leaves no pickleball courts in Los Gatos

2. Install acoustic barrier - May reduce some noise impact - No Town funding for purchase
- Actual attenuation would be
hard to predict

3. Mandate Green Zone
equipment - Would reduce noise
- May impact play
- Hard to enforce - relies on
goodwill of players to achieve
noise reduction

4. Operational Changes
- Would reduce early morning and
evening impacts depending on
hours selected
- Hard to enforce - relies on
goodwill of players to achieve
noise reduction

5. Stripe on tennis court at
Blossom Hill for Pickleball
- Would provide four additional
pickleball courts in Los Gatos
- May not reduce demand at La
Rinconada
- No Town funding currently
These options are not mutually exclusive and combinations of each may be feasible. Staff looks forward to the Commission’s feedback.

Attachments

1. Observed Court Usage – La Rinconada and Blossom Hill Park

Page 1078 ends

Site Time of Day Tuesday 9/12/2023 Wednesday 9/13/2023 Thursday 9/14/2023 Friday 9/15/2023 Saturday 9/16/2023 Sunday 9/17/2023 Monday 9/18/2023 La Rinconada Park 10am PB 4 players PB 18 players PB Class‐10 PB 20 players PB‐10 players 0 PB 23 players Blossom Hill Park Court 1 10am 0000 Tennis 2 players Tennis 2 players Tennis 2 players Blossom Hill Park Court 2 10am 0000 Tennis 2 players 0 Tennis 2 players Blossom Hill Park Court 3 10am 0 Tennis 2 players 0 Tennis 4 players Tennis 2 players 0 Tennis 2 players Blossom Hill Park Court 4 10am 0 Tennis 2 players Tennis 2 players Tennis 2 players Tennis‐3players 0 Tennis 2 players Blossom Hill Park Court 5 10am 0 0 0 Tennis 2 players Tennis‐3players 0 Tennis 5 players Blossom Hill Park Court 6 10am Tennis 2 players Tennis 2 players 0 Tennis 2 players Tennis‐3players Tennis 2 players Tennis 4 players La Rinconada Park 2pm PB Lesson 10 adults 0 PB 4 players 0000 Blossom Hill Park Court 1 2pm0 0 0 0 Tennis 2 players Tennis 2 players Lesson 8 kids Blossom Hill Park Court 2 2pm 0 Lesson 3 kids 00000
Blossom Hill Park Court 3 2pm0 0 0 0 0 0 Lesson 1 adult Blossom Hill Park Court 4 2pm0 0 0 0 0 0 Lesson 2 adults Blossom Hill Park Court 5 2pm0 0 0 0 0 0 0
Blossom Hill Park Court 6 2pm0 0 0 0 Tennis 2 players Tennis 2 players 0 La Rinconada Park 6pm PB 4 players PB 4 players PB 4 players Tennis‐2players 0 0 4 players Blossom Hill Park Court 1 6pm Tennis 3 players 0 Tennis‐2players 0 Tennis 2 players Tennis 2 players Blossom Hill Park Court 2 6pm 0 Tennis 4 players 0 0 0 4 players Blossom Hill Park Court 3 6pm Tennis 4 players 0 Tennis 2 players Tennis‐2players 0 0 0 Blossom Hill Park Court 4 6pm Tennis 3 players Tennis 2 players Tennis 2 players 0000 Blossom Hill Park Court 5 6pm Lesson, 1 adult 0 Tennis 4 players 0000 Blossom Hill Park Court 6 6pm 0 0 Tennis 2 players 0 0 Tennis 2 players Tennis 2 players Site Time of Day Tuesday 9/19/2023 Wednesday 9/20/2023 Thursday 9/21/2023 Friday 9/22/2023 Saturday 9/23/2023 Sunday 9/24/2023 Monday 9/25/2023 La Rinconada Park 10am PB 15 players PB 8 players PB Class‐10 PB 21 players PB‐12 players 0 PB 18 players Blossom Hill Park Court 1 10am 0 0 0 Tennis 4 players Tennis 2 players Tennis 2 players Blossom Hill Park Court 2 10am 0 0 0 Tennis 4 players 0 Tennis 2 players Blossom Hill Park Court 3 10am 0 0 0 Tennis 4 players Tennis 2 players Tennis 2 players Tennis 2 players Blossom Hill Park Court 4 10am Tennis 5 players Tennis 2 players Tennis 2 players Tennis 2 players Tennis‐2 players Tennis 2 players Tennis 2 players Blossom Hill Park Court 5 10am 0000 Tennis‐4 players 0 Tennis 5 players Blossom Hill Park Court 6 10am Tennis 2 players Tennis 4 players 0 Tennis 1 player Tennis‐2 players Tennis 2 players Tennis 4 players La Rinconada Park 2pm PB Lesson 10 adults 0 PB 4 players 0000 Blossom Hill Park Court 1 2pm0 0 0 0 Tennis 2 players Tennis 2 players Lesson 8 kids Blossom Hill Park Court 2 2pm0 0 0 0 0 Tennis 2 players 0Blossom Hill Park Court 3 2pm0 0 0 0 Tennis 2 players 0 Lesson 1 adult Blossom Hill Park Court 4 2pm 0 Tennis 2 players 0 0 Tennis 2 players 0 Lesson 2 adultsBlossom Hill Park Court 5 2pm0 0 0 0 0 0 0 Blossom Hill Park Court 6 2pm 0000 Tennis 2 players Tennis 2 players 0 La Rinconada Park 6pm PB 4 players PB 6 players PB 4 players Tennis‐2players 0 0 4 players Blossom Hill Park Court 1 6pm Tennis 2 players 0 Tennis‐2players Tennis‐4 players Tennis 2 players Tennis 2 players Blossom Hill Park Court 2 6pm 0 Tennis 4 players 0 0 0 4 players Blossom Hill Park Court 3 6pm Tennis 4 players Tennis 2 players Tennis 2 players Tennis‐2players 0 0 0 Blossom Hill Park Court 4 6pm Tennis 3 players Tennis 2 players Tennis 2 players 0 0 Tennis 2 players 0 Blossom Hill Park Court 5 6pm Lesson, 1 adult 0 Tennis 4 players 4 players Tennis‐4 players Tennis 2 players 0Blossom Hill Park Court 6 6pm 0 Tennis 4 players Tennis 2 players 0 0 Tennis 2 players Tennis 2 players Notes: Observations courtesy of Los Gatos Saratoga Recreation Tennis lesson, 5 adults
Tennis lesson, 8 kidsTennis lesson, 8 kids
OBSERVED COURT USAGE ‐ LA RINCONADA AND BLOSSOM HILL PARKS Attachment 1

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From: ed atherton
To: Nicolle Burnham
Subject: PickleBall at Blossom Hill Park tennis courts
Date: Tuesday, January 23, 2024 3:57:15 PM
[EXTERNAL SENDER]
Hello Nicolle,
I understand that the town is considering in its capital budget re-striping of the tennis courts for Pickleball.

As a homeowner and resident of Los Gatos, I strongly encourage the town to do so for this rapidly growing sport.

Thank you in advance,
Ed Atherton
ATTACHMENT 4

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From: Janette Judd
To: Robert Lipp
Cc: Nicolle Burnham; Jim Harbin
Subject: RE: Capital Budget - Pickleball court resurfacing & possible new courts Date: Tuesday, January 30, 2024 12:57:21 PM
cc: Mayor and Town Council
Town Manager and Asst. Town Manager
PPW Director and Superintendent
Good afternoon,
Thank you for your e-mail, however, there is no Town Council meeting this evening. Council meetings occur the 1st and 3rd Tuesdays, monthly. The following is information available on the Town website for submitting public communications:
https://www.losgatosca.gov/2126/Public-Guide-to-Town-Council-Meetings It appears you may be referencing project funding and Town budget requests. These topics will be discussed at upcoming Town Council Meetings beginning in February through May for both the current and next Fiscal Year (adjustments, priorities, and adoption of budgets).

Copied on this message: Parks and Public Works (PPW) Director Nicolle Burnham [email protected], whose oversight of all PPW divisions includes Town infrastructure, including Parks and amenities; and Streets/Parks/Traffic Superintendent Jim Harbin [email protected]. Superintendent Harbin and Director Burnham are the best contact for input and comments regarding parks.

Lastly, your communication will be retained by PPW staff and included in staff report materials (along with all public comments) for applicable budget discussions. If you wish to attend a Council Meeting(s) to deliver verbal or written communications, feel free to check the Town website for upcoming meeting agendas: https://www.losgatosca.gov/13/Agendas-Minutes You can also sign up for the Town’s “What’s New” notifications:
https://www.losgatosca.gov/list.aspx
Thank you once again for reaching out to the Town.

Sincerely,
Janette Judd ● Executive Assistant
Town Council and Town Manager ● 110 E. Main St., Los Gatos CA 95030 Ph: 408.354.6832 ● [email protected]
www.LosGatosCA.gov ● https://www.facebook.com/losgatosca

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-----Original Message-----
From: Robert Lipp >
Sent: Tuesday, January 30, 2024 10:54 AM
To: Council <[email protected]>
Subject: Capital Budget - Pickleball court resurfacing & possible new courts [EXTERNAL SENDER]
I am unable to attend tonight's Council meeting so I would appreciate your entering these comments into the meeting.

Pickleball is a fast paced game requiring quick footwork. The cracks in the current courts present a hazard to footwork and can lead to disastrous falls. I am not exaggerating - most of the players are seniors where a fall can readily lead to crippling injuries.

There's a saying about Pickleball "It's not if you will get injured, but when". My wife had to quit due to such injuries.

On another note, I would like the Town to consider building new dedicated Pickleball courts.

The game is a disturbance to neighbors yet doesn't take mush space. I would like to recommend building 8-12 courts in Oak Meadow park near the playground airplane. It is an essentially unused space and there are no neighbors to disturb. Also, most Pickleball occurs in the mornings when the park is little used, so adding little congestion to the peak limited parking. This plan would be of great benefit to neighbors near current courts which could then be rededicated solely to tennis.

Thank you.

Robert Lipp
Los Gatos, CA 95030

Page 1082 ends

PREPARED BY: Nicolle Burnham
Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/06/2024
ITEM NO: 9

ADDENDUM
DATE: February 5, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive a Status Report on Capital Improvement Projects and Provide Direction for the Fiscal Year 2024/25 – 2028/29 Priorities REMARKS:

Attachment 5 contains public comments received between 11:01 a.m. Thursday, February 1, 2024, and 11:00 a.m. Monday, February 5, 2024.

Attachments received with the Staff Report:

1. Current Funding of CIP FY 2023/24 – 2027/28

2. Status of Currently Funded One-Time Capital Projects

3. Staff Memorandum to Parks Commission dated September 28, 2023

4. Public Comment Received Prior to 11:00 AM on February 1, 2024 Attachment received with Addendum:

5. Public comments received between 11:01 a.m. Thursday, February 1, 2024, and 11:00 a.m.

Monday, February 5, 2024.

Page 1083 ends

-----Original Message-----
From: MICHAEL WEBER
Sent: Saturday, February 3, 2024 9:30 AM
To: Nicolle Burnham <[email protected]>
Subject: PICKLEBALL COURTS
[EXTERNAL SENDER]
Please speed up funding and preparation of pickle ball courts in Los Gatos. The demand for courts is growing and will increase dramatically as the weather improves.

Thank you for giving this matter your energy and attention.

Mike Weber
ATTACHMENT 5

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PREPARED BY: Nicolle Burnham
Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/06/2024
ITEM NO: 9

DESK ITEM
DATE: February 6, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive a Status Report on Capital Improvement Projects and Provide Direction for the Fiscal Year 2024/25 – 2028/29 Priorities REMARKS:

In response to Council Members’ questions, staff has provided the following responses in italics to the summarized questions:

1. What was the total amount of capital available to fund all the CIP projects listed at the end of FY 23? Is the total amount of $44,505,101 (bottom of “current funding of CIP” schedule) fully funded?
The 23/24 budget information shown in Attachment 1 shows a total of $44,505,101 allocated to the 2023/24 CIP. This includes various sources of funding including GFAR, grants, permit fee revenue, gas tax and various other sources. Some of these, like GFAR, are fully funded.

Others, such as grant revenue, represent funding promised through grant agreements but for which the Town must seek reimbursement. One example of this is Project 4505 – Los Gatos Creek Trail to Highway 9 Trailhead Connector Project. Attachment 1 shows the 2023/24 budget for this project to be $8,829,851. Of this amount, $7,711,306 is from grant sources that will be reimbursed to the Town.

Other capital sources such as Measure G, gas tax revenues, storm drain funds, permit fee revenue, etc. are included in the $44,505,101 based on both existing available funding and projected revenues to be received during the fiscal year.

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PAGE 2 OF 3
SUBJECT: Receive a Status Report on Capital Improvement Projects and Provide Direction for the Fiscal Year 2024/25 – 2028/29 Priorities
DATE: February 6, 2024
REMARKS (continued):

2. The total CIP adopted for FY 24 was $37,771,822. The current CIP schedule now shows $44.5M as the FY 23/24 budget. What is driving the $6.7M increase and where did the funding come for this increase?
The $37,771,822 included an estimated $27,646,692 in carryforward funds in addition to $10,125,131 in new funding as reported the adopted CIP (See Page A-7). The carryforward funds presented in the adopted CIP represent the projected carryforward amount as of March 2023. The actual carryforward amount at the close of the budget year was higher than originally projected, which represents the $6.7M increase. In other words, capital funding was not spent as quickly between March and fiscal year end as staff predicted. This is the result of a vacancy in the CIP engineering team.

3. Why does Table 3 of the staff report include Hwy 17/9 interchange of $8.6M and Highway 17 bicycle bridge of $6.3M of “estimated additional funding required” if these amounts were included in the TIF that was just approved? My understanding is that the costs are now funded by the TIF.

Both of these projects were included in the Transportation Impact Fee (TIF) at the “Estimated Additional Funding Required” levels presented in Table 3. The values presented in the TIF represent the Town’s share of design and construction costs as of 2022. Staff recognizes that the actual cost of construction may vary based on future design decisions (e.g., CalTrans criteria, environmental review, value engineering, etc.) and inflationary pressure. For this reason, the costs are presented here as “Estimated Additional Funding Required” at the same levels shown in the TIF. The values in the adopted TIF and shown in Table 3 are the same and are based on the best available information regarding these project costs.

Also, please note that there are various potential sources of funding to meet the “Estimated Additional Funding Required” in Table 3, including future TIF revenues. With this current item, staff is asking for Town Council feedback on project priorities. Once the priorities are known, staff will identify appropriate funding strategies and sources to deliver the projects.

Attachment 6 contains public comments received between 11:01 a.m. Monday, February 5, 2024, and 11:01 a.m. Tuesday, February 6, 2024.

Attachment 7 contains the staff slide presentation that will be given at this evening’s meeting.

Attachment 8 contains the revised Attachment 1.

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PAGE 3 OF 3
SUBJECT: Receive a Status Report on Capital Improvement Projects and Provide Direction for the Fiscal Year 2024/25 – 2028/29 Priorities
DATE: February 6, 2024
COORDINATION:

The preparation of this Desk Item was coordinated with the Finance Department and the Town Manager’s Office.

Attachments received with the Staff Report:

1. Current Funding of CIP FY 2023/24 – 2027/28

2. Status of Currently Funded One-Time Capital Projects

3. Staff Memorandum to Parks Commission dated September 28, 2023

4. Public Comment Received Prior to 11:00 AM on February 1, 2024 Attachment received with the previous Addendum:

5. Public comments received between 11:01 a.m. Thursday, February 1, 2024, and 11:00 a.m.

Monday, February 5, 2024.

Attachments received with Desk Item:

6. Public comments received between 11:01 a.m. Monday, February 5, 2024, and 11:01 a.m.

Tuesday, February 6, 2024.

7. PowerPoint presentation

8. Revised Attachment 1 - Current Funding of CIP FY 2023/24 – 2027/28

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From: Leanne McAuliffe
To: Clerk
Subject: Public Comment Item #9 - Council Meeting 02/06/2024, 7:00pm Date: Tuesday, February 6, 2024 8:05:52 AM
[EXTERNAL SENDER]
Council Members, thank you for allowing this public comment.

Re: Replacement of Artificial Turf (AT)at Creekside Park.

Why would our town spend $1 Million on another artificial turf that will almost definitely not meet future regulations? Aside from the fact that this plastic carpet sheds micro and nano plastics into the environment over its entire lifetime, every artificial turf sample tested by The Ecology Center and Dr Graham Peaslee of Notre Dame University has tested positive for PFAS.

PFAS are the 14,000 or so "forever chemicals" we are constantly hearing about which are being linked to cancers, infertility, reduced immunity, among others.

Three PFAS are already on the Prop 65 list. (and have been found in AT.) The EPA is considering classifying 9 as hazardous (eight of which have been found in AT).

Governor Newsom recently vetoed a bill that would regulate PFAS in artificial turf. He did so not because he didn't agree with it but because AB1423 was devoid of any regulatory oversight. So he has passed the issue to the Department of TOXIC Substances Control who are studying artificial turf with a view to regulating it.

The reason for these regulations is to prevent pollution of the air we breath, the soil that supports biodiversity and the water we drink. This is the environment our developing children are dependent on. Developing children are most susceptible to the negative effects of any toxic exposures, via inhalation, ingestion and dermal absorption.

Please pause on artificial turf and sincerely investigate replacing the field with natural grass for the health of our community (especially our children) and the environment. New hybrid grasses are drought tolerant and more resistant to wear which were the old arguments against natural turf.

If anyone tells you artificial turf fields don’t shed, ask for the warranty. Many state 50% blade height loss over 8 years is reasonable and not covered. So 50% of the petrochemical derived, PFAS laced blades are “lost” into the environment (and our kids) and that’s acceptable according to the artificial turf industry.

If anyone tells you a product is PFAS free, ask for the data. Ask for 3rd part independent testing by leading experts. Industry generally only tests for 70 or so PFAS and often only to parts per million which is not sufficient enough to claim "PFAS free".

ATTACHMENT 6

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To put that into perspective, the EPA advisory for drinking water equates to 0.000000004 ppm. (= 0.004 parts per trillion).

The artificial turf industry requested 100ppm limits for AT. This equates to 100,000,000 ppt.

PFAS and microplastics are not the only issue with artificial turf. There are many reasons that make artificial turf a bad choice which I'm happy to provide information on. Please consider natural turf.

Leanne McAuliffe
Resident of Los Gatos and parent of four.

Side note: There is also reference to a community group contributing up to $200K for the new carpet. Please make it clear to the whole community what conditions are attached to this contribution. Would Creekside still be a community field or only for that community subgroup? It is essential the field be fairly available to the whole community and not just a subgroup. If you allow the sub-group to choose the new surface and monopolize use then might the ratio of contributions be the wrong way around?

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Dear Council Members,
My concern is artificial turf and its negative impact on the environment and our children. (See the letter from the Santa Clara County Medical Association to Saratoga High School.) Because the artificial turf industry is unregulated, we request a moratorium on artificial turf for all Los Gatos town-managed property or, at the very least, all of the following actions:
● strict regulations that require PFAS free products (proven by 3rd party testing) ● 100% plant sourced infills
● GMAX (field hardness) testing every six months (because of the heavy field use) ● defined policies regarding field closures in response to unsafe field hardness (GMAX) ● defined policies regarding field closures in response to elevated risk of heat related illness I understand that a primary concern for the town is cost. Beware of 20 year cost comparisons as these are often skewed in favor of artificial turf with misleading information as was the case when artificial turf was being considered by LGUSD (eg. omitting a full artificial turf replacement due at year 20). Also, consider the externalized costs (Story of Stuff). There are potentially irreparable environmental and human health costs, each of which could lead to exorbitant mitigation* and litigation costs especially with regard to PFAS and microplastics contamination of local water supplies for example. (All artificial turf carpet samples independently tested to date contained PFAS.) Note, any artificial turf being considered now will almost certainly exceed the PFAS limits of any future Bills.

Creekside sports field is a prime example of how artificial turf is typically not maintained adequately. It’s also a prime example of how owners typically haven’t planned and budgeted to replace it in advance of it reaching irreparable field hardness. In 2022 this sports field exceeded recommended impact safety levels.

Was this remediated? These fields also continue to disintegrate throughout their lifetime, polluting the environment (Los Gatos Creek) and putting the health and safety of children at risk. Even maintenance doesn’t solve the migration of field debris beyond the sportsfield into the greater environment. Since the field is up for renewal in the next year or so, we strongly recommend investigating a return to natural turf for the field, because natural turf fields are possible.

For ornamental purposes, be they town or residential, artificial turf also has negative environmental and human health costs and for that reason Valley Water does not give rebates for it as a solution to drought tolerant landscaping. For these ornamental spaces, and even dog parks, there are many healthier, safer and natural drought tolerant options.

Given that artificial turf is made with PFAS laden petrochemical plastic which then disintegrates into microand nano- plastics over its entire lifetime, the environmental, human health and financial costs will last for generations. The best way to avoid future potential mitigation* and litigation costs associated with artificial turf is to simply NOT install it in the first place. On this basis I urge the council to consider a moratorium on artificial turf or, at the very least, stringently regulate it as defined above. The United States Environmental Protection Agency’s PFAS Strategic Roadmap 2021-2024 requires local governments to prevent new PFAS contamination. Here is an opportunity for the Los Gatos Town Council to do just that.

The following page lists just a few cost concerns with artificial turf sports fields, many of which also apply to town and residential artificial turf installations in general. Please don’t hesitate to reach out to us for any questions, further information or discussion on this important matter. Thank you for your time!! Kind regards,
Leanne McAuliffe, Concerned Resident of Los Gatos and Mom of Four.

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FINANCIAL COSTS
● Installation - Artificial turf sports fields (AT) cost millions at first installation. ● Maintenance - If maintained correctly, the maintenance cost of AT would be similar to natural turf with a lawn mower simply being traded for multiple maintenance and grooming machines (FieldTurf maintenance manual). AT not maintained correctly opens up injury liabilities and voids warranty. ● Replacements - Carpet and infill replacement costs after 8 to10 years are often higher than initial installation and can leave buyers surprised and without enough funds to replace worn out, unsafe fields.

Replacements with shockpad at around the 20 year mark are even more expensive. ● Converting back - If it all goes wrong (PFAS deception), converting AT back to natural grass is said to be costly if soil replacement is required. This can make buyers feel locked into AT. ● Mitigation* and Litigation - AT environmental pollution and human health effects (heat related injuries, concussions, CTE, death, PFAS exposure, cancers etc.) may lead to mitigation and litigation costs.

HUMAN HEALTH COSTS (especially to our kids who are uniquely vulnerable) ● PFAS, Toxins, Microplastics - AT potentially exposes our children to toxins (PFAS, microplastics, phthalates, heavy metals, methane, ethylene, etc.) through dermal contact, inhalation and ingestion, jeopardizing their short and long term health and safety. Chemical exposures have been listed as a potential cause of the 62% decline in sperm count and 50% increase in cancer rates in children. ● Heat - AT can have a “heat island” effect leading to heat exhaustion, heatstroke (potentially fatal) and thermal burns. Many argue that excessive rain is an issue with natural turf. Excessive heat is the same for AT which can easily reach 40-70° hotter than local air temp with cork infill. In our town, heat is far more of an issue than rain, and properly managed natural turf fields can and do easily handle rain. ● Injuries - AT is associated with a higher rate of injuries, concussions, friction burns etc. ● Unregulated - AT is unregulated at this time meaning no government organization currently categorically deems AT safe for children to play on.

ENVIRONMENTAL COSTS
● Pollution - AT pollutes the soil, water and air with PFAS, other chemicals, gasses and microplastics at site of manufacture, use and disposal. As AT disintegrates due to age, use, maintenance, UV and heat exposure, the level of pollution potentially increases. ● End of Life Disposal - AT is NOT recycled. (“Chemical recycling” is incineration.) A small amount is repurposed but the vast majority ends up in landfills and some is even illegally disposed of. ● Biodiversity/Soil/Trees - AT destroys soil health and biodiversity and can lead to the demise of surrounding shallow, wide rooting trees like redwoods.
● Pesticides - AT requires pesticides and herbicides as well as fungicides, biocides, anti-statics, cleaning agents. Some AT component products even include antibacterials as ingredients. Every AT “feature” equals more chemicals. And AT itself is chemicals. Compare this to organically managed grass. ● Water - AT advocates argue it uses less water which is crucial in times of drought. However, to provide a cool, safe, playable surface, irrigation amounts for AT are greater than for natural warm-season turf.

Water is also required to clean AT and for maintenance purposes to meet warranty conditions. New drought tolerant grasses use dramatically less water and continue to improve with research and development.

If realistic water and maintenance costs between properly maintained artificial turf and natural turf sports fields are similar, why would we give up ALL the benefits of natural turf for ALL the negative and potential costs of artificial turf?
*You can only mitigate PFAS, you can not remediate. There is NO 100% solution to PFAS pollution, because there are no viable remediation methods at present. PFAS are called “forever chemicals” for a reason. They are mostly Persistent, Bioaccumulative Toxins (PBTs). This means they are essentially impossible to completely remove from soil, water, air and human bodies. Combine this with emerging data on the negative health and environment effects of PFAS, and the fact that thousands of PFAS have yet to even be studied, and it becomes clear that it’s IMPERATIVE to STOP using PFAS wherever possible to prevent further and new contamination.

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Capital Improvement Program Status
and Priorities
Town Council Meeting
February 6, 2024
1 ATTACHMENT 7

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CURRENT PROJECTS PRIOR SPENDING
SUMMARY (from Attachment 1)
2 FY 2018/19 - 2022/23
Spending
FY 2023/24 Actual
Spending Year to Date
Total Streets Projects $ 25,637,810 $ 3,789,506
Total Parks Projects $ 1,076,436 $ 214,253
Total Facilities Projects $ 3,628,845 $ 526,640
Total Capital Improvement Allocations
FY23/24 through 27/28 $ 30,343,091 $ 4,530,398

Page 1093 ends

ONGOING ANNUAL PROJECT PRIORITIES (from Memo Table 2)
3 Project Name Project No. Funding Program Project
Purpose1
Street Repair & Resurfacing
811-9901 /
811-9903 Streets 1,2,3,5
Unanticipated Repairs - Annual 811-9904 Streets 1,4
Roadside Fire Fuel Reduction 812-0130 Streets 1,5
Measure B Education & Encouragement 812-0134 Streets 1,2,3 Curb, Gutter, Sidewalk Maintenance 813-9921 Streets 1,3,4 Retaining Wall + Guardrails Repairs 815-9930 Streets 1,2,3,5 Annual Storm Drain Improvement Project 816-0420 Streets 1,3,4,5 Town Beautification 821-2002 Public Facilities 3,5
Annual ADA Compliance Work 821-2013 Public Facilities 1,3,4,5 Parks Playground Fibar Project (Bi-Annual) 831-4605 Parks and Trails 1,3,4 Vegetation Management Town-wide 832-4508 Parks and Trails 1,5 ADD / RESTORE: Annual Restriping NEW Streets 1,2,3,5
Notes: 1. Project Purposes are: (1) Safety, (2) Traffic/Transportation, (3) Quality of Life, (4) Regulatory or Legal Mandate, (5) Effective Management of Existing Assets and (6) Improvement Page 1094

STAFF RECOMMENDED ONE-TIME PROJECT PRIORITIES
(from Memo Table 3)
4 Notes: 1. Project Purposes are: (1) Safety, (2) Traffic/Transportation, (3) Quality of Life, (4) Regulatory or Legal Mandate, (5) Effective Management of Existing Assets and (6) Improvement

2. Preliminary opinion of needs over the life of the project. Funding for projects may be spread over multiple years.

Project Name Project No. Funding Program Project
Purpose1
Past Funding
(From
Attachment 1)
Estimated Additional
Funding Required2
Shannon Road Repair 811-0008 Streets 1,2,3,5,6 $4,517,943 $130,000 Hwy 17/9 Interchange and
Capacity Improvements
813-0237 Streets 1,2,3,6 $3,867,000 $8,600,000
Highway 17 Bicycle &
Pedestrian Bridge - Design
818-0803 Streets 1,2,3,6 $3,786,885 $6,322,156
Civic Center Plumbing
Repair
821-2120 Public Facilities 5 $40,000 $120,000
Town Plaza Turf Repair 831-4202 Parks and Trails 3,5,6 $42,000 $40,000 Creekside Park Turf
Replacement
831-4404 Parks and Trails 1, 5 $500,000 $500,000

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STAFF RECOMMENDED NEW PROJECTS
5 Parks and Public Works Yard Generator and Transfer Switch Replacement Fleet Bay Improvements

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OTHER PROJECTS FOR CONSIDERATION
6 • Tennis / Pickleball Courts at LaRinconada and Blossom Hill Parks: Parks and Sustainabilty Commission recommendation
• Recoating AirForce Plane at Oak Meadow Park: Required per contract with Air Force
• Blossom Hill Road Safety Improvements: Grant match required • Townwide Parks Master Plan: Staff recommendation to address population needs

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OTHER PROJECTS FOR CONSIDERATION
7 • Townwide Parks Master Plan: Staff recommendation to address population needs
• Overlook Road Streetscape: To address impacts from removal of eucalyptus trees
• Downtown Streetscape Enhancement: Redesign and reconstruct Santa Cruz from Blossom Hill Road to Broadway
• Montebello Way Event Closure: Install bollards to facilitate events

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TODAY’S DISCUSSION
8 • Status of existing capital projects (Memo Attachment 1) • Funding for ongoing annually funded projects (Memo Table 2) • Funding priorities for existing projects (Memo Table 3) • Funding consideration for critical upgrades at Parks and Public Works Yard • Direct staff on how to prioritize potential new projects

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Current Funding of CIP
FY 2023/24 ‐2027/28

STREETS PROGRAM SUMMARY
Project
Number Project Name
FY 2018/19 ‐
2022/23 Spending
FY 2023/24Actuals Through1/25/24
FY 2023/24
Adjusted
Budget as of
12/31/2023
FY 2024/25
Budget
FY 2025/26
Budget
FY 2026/27
Budget
FY 2027/28
Budget Total Budgeted
Reconstruction
9901 Street Repair & Resurfacing 12,128,469.07 2,670,467.89 7,755,984 3,243,947 3,243,947 3,243,947 3,243,947 32,860,240 9903 Pavement Rehab‐Crack Seal 1,109,499.42 180,000.00 360,000 180,000 180,000 180,000 180,000 2,189,499 Maintenance‐Safety
9904 Unanticipated Repairs ‐ Annual ‐ ‐ 100,000 100,000 100,000 100,000 100,000 500,000 9930 Retaining Wall Repairs 226,540.74 1,073.58 566,799 50,000 50,000 50,000 50,000 993,340 0008 Shannon Road Repair* 433,152.13 140,577.48 4,442,912 ‐ ‐ ‐ ‐ 4,876,064 0009 North 40 Traffic Mit ‐ 47,976.98 ‐ ‐
0129 ADA Transition Plan 162,100.00 8,050.00 22,900 ‐ ‐ ‐ ‐ 185,000 0130 Roadside Fire Fuel Reduction8 999,809.00 340.00 1,572,191 100,000 100,000 100,000 100,000 2,972,000 0131 East Main Street Speed Table/Raised Crosswalk* 43,700.00 ‐ 271,300 ‐ ‐ ‐ ‐ 315,000 0132 Local Road Safety Program 103,306.93 12,081.78 25,000 ‐ ‐ ‐ ‐ 128,307 0133 VMT Mitigation Program 134,767.04 9,354.33 115,233 ‐ ‐ ‐ ‐ 250,0000134 Measure B Education & Encouragement 18,670.91 ‐ 119,674 ‐ ‐ ‐ ‐ 138,345 0135 Town‐wide Speed Studies ‐ ‐ 80,000 ‐ ‐ ‐ ‐ 80,000 Street Improvements
9921 Curb, Gutter & Sidewalk Maintenance 2,596,962.39 89,535.00 445,832 300,000 300,000 300,000 300,000 4,242,794 0218 Shannon Road Pedestrian and Bikeway Improvements* 263,303.56 78,979.16 2,043,823 ‐ ‐ ‐ ‐ 2,307,127 0225 Utility Undergrounding Improvements 2,851.67 ‐ 299,573 ‐ ‐ ‐ ‐ 302,4250227 Traffic Signal Modernization 1,986,927.96 38,443.75 635,333 ‐ ‐ ‐ ‐ 2,622,2610235 Downtown Streetscape Revitalization/Economic Recovery Efforts 1,929,139.50 239,867.38 912,500 ‐ ‐ ‐ ‐ 2,841,640 0237 Highway 17/9 Interchange and Capacity Improvements 600,000.00 ‐ 867,000 ‐ 800,000 800,000 800,000 3,867,000 0238 Winchester Boulevard Complete Streets Final Design 141,323.72 ‐ 1,734,250 ‐ ‐ ‐ ‐ 1,875,574 0240 Winchester Class IV Bikeway 942,061.55 ‐ 693,560 ‐ ‐ ‐ ‐ 1,635,622 0241 Kennedy Sidewalk ‐ LGB To Englewood ‐ ‐ 631,126 ‐ ‐ ‐ ‐ 631,126 0242 Parking Program Implementation 153,110.08 17,294.00 445,390 ‐ ‐ ‐ ‐ 598,5000243 Storm Related Repairs 5,250.00 18,065.00 39,050 ‐ ‐ ‐ ‐ 44,300 0414 Stormwater System ‐ Pollution Prevention Compliance 22,722.11 38,746.68 265,278 ‐ ‐ ‐ ‐ 288,000 0420 Annual Storm Drain Improvement Project 291,180.75 ‐ 252,219 ‐ ‐ ‐ ‐ 543,400 0421 Loma Street Drainage ‐ ‐ 100,000 250,000 496,300 ‐ ‐ 846,300 0422 Harwood/Belridge Drainage Study ‐ ‐ 100,000 ‐ ‐ ‐ ‐ 100,000 0423 709 University Avenue Drainage System Replacement ‐ ‐ 200,000 ‐ ‐ ‐ ‐ 200,000 0424 333 University Avenue Inlet Capacity Improvements ‐ ‐ 50,000 ‐ ‐ ‐ ‐ 50,000 0705 Downtown Parking Lots Seal Coat & Restriping 59,924.00 ‐ 15,161 10,000 ‐ 10,000 ‐ 95,085 0708 Parking Lot 4 Repair & Waterproofing 199,800.00 ‐ 50,200 ‐ ‐ ‐ ‐ 250,000 Bridges
0801 Quito Road ‐ Bridge Replacement ‐ ‐ 285,087 ‐ ‐ ‐ ‐ 285,087 0803 Highway 17 Bicycle & Pedestrian Bridge ‐ Design 1,083,237.92 198,652.56 3,374,064 ‐ ‐ ‐ ‐ 4,457,302 0804 Timber Bridge Inspection ‐ ‐ ‐ ‐ 25,000 25,000 ‐ 50,000 Total Streets Projects $ 25,637,810 $ 3,789,506 $ 28,871,439 $ 4,233,947 $ 5,295,247 $ 4,808,947 $ 4,773,947 $ 73,621,337 * Includes ARPA Replacement Revenue Funding 1 of 2 ATTACHMENT 1 REVISED 2/6/24

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Current Funding of CIP
FY 2023/24 ‐2027/28

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Los Gatos City CouncilFebruary 6, 2024

Los Gatos City Council
February 6, 2024