ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
(E) Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant’s application was submitted to, or processed by, a city, county, or city and county before January 1, 2015.
(d)
(1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
(B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. (C) The concession or incentive would be contrary to state or federal law. (2) The applicant shall receive the following number of incentives or concessions:
(A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale. (B) Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale.
(C) Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale.
(D) Five incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. (E) One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. If a project includes at least 23 percent of the total units for lower income students in a student housing project, the applicant shall instead receive two incentives or concessions.
(F) Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale.
(3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to
ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section. (4) The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive.
(e)
(1) In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit.
This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. (2) A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d).
(3) A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless the city, county, or city and county agrees to additional waivers or reductions of development standards. (f) For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable gross residential density, as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
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ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
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ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
(2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
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ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
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(3)
(A) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units. (B) For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph.
(C) For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
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(D) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply:
(i) Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households.
(ii) If the housing development is located within one-half mile of a major transit stop, the city, county, or city and county shall not impose any maximum controls on density.
ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
(iii) If the housing development is located in a very low vehicle travel area within a designated county, the city, county, or city and county shall not impose any maximum controls on density. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
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ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
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(5) All density calculations resulting in fractional units shall be rounded up to the next whole number.
The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. (g)
(1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to a city, county, or city and county in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows:
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ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
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ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
9 4
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(2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:
(A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure. (D) The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer. (E) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the transfer. (F) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.
(G) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (H) A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. (h)
(1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
(2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur:
ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
(A) The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c).
(B) Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, a city, county, or city and county shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities. (4) “Childcare facility,” as used in this section, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and schoolage childcare centers.
(i) “Housing development,” as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (j)
(1) The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law.
(2) Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.
(k) For the purposes of this chapter, concession or incentive means any of the following:
(1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
(2) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
(3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
(l) Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.
(m) This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code. (n) If permitted by local ordinance, nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.
(o) For purposes of this section, the following definitions shall apply:
(1) “Designated county” includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura, and the City and County of San Francisco. (2) “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation that is adopted by the local government or that is enacted by the local government’s electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government. (3) “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within onehalf mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop. (4) “Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
(5) “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(6) “Maximum allowable residential density” or “base density” means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density shall be
ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by:
(A) Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open-space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards. (B) Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
(7)
(A)
(i) “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
(ii) A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.
(B)
(i) “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
(ii) “Shared housing unit” for purposes of a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, includes a unit without an individual kitchen where a unit may be shared by unrelated persons, and a unit where a room that may be shared by unrelated persons meets the “minimum room area” requirements of clause (i). (8) “Student housing development” means a development that contains bedrooms containing two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen. (9)
(A) “Total units” or “total dwelling units” means a calculation of the number of units that:
ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
(i) Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
(ii) Includes a unit designated to satisfy an inclusionary zoning requirement of a city, county, or city and county.
(B) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.
(10) “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid.
For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or singlecounty metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization. (p)
(1) Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, a city, county, or city and county shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: one and one-half onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (D) One bedspace in a student housing development: zero parking spaces. (2)
(A) Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (1), if a development includes at least 40 percent moderateincome units for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom. (B) For purposes of this subdivision, “unobstructed access to the major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit. (3) Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, a city, county, or city and
ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
county shall not impose vehicular parking standards if the development meets any of the following criteria:
(A) The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. (B) The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
(C) The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (4) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking.
(5) This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d). (6) This subdivision does not preclude a city, county, or city and county from reducing or eliminating a parking requirement for development projects of any type in any location. (7) Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or an independent consultant has conducted an areawide or jurisdictionwide parking study in the last seven years, then the city, county, or city and county may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The city, county, or city and county shall pay the costs of any new study. The city, county, or city and county shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.
(8) A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). (q) Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law. (r) This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units.
(s) Notwithstanding any other law, if a city, including a charter city, county, or city and county has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the version of this section effective through December 31, 2020, that city, county, or city and county is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt from complying with the incentive and concession calculation amendments made to this
ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f).
(t) When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, the city, county, or city and county shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o). (u)
(1) The Legislature finds and declares that the intent behind the Density Bonus Law is to allow public entities to reduce or even eliminate subsidies for a particular project by allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units. It further reaffirms that the intent is to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy. (2) It is therefore the intent of the Legislature to make modifications to the Density Bonus Law by the act adding this subdivision to further incentivize the construction of very low, low-, and moderateincome housing units. It is further the intent of the Legislature in making these modifications to the Density Bonus Law to ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing. The Legislature further intends that these modifications will ensure that the Density Bonus Law creates incentives for the construction of more housing across all areas of the state. (v)
(1) Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, a city, county, or city and county shall grant an additional density bonus calculated pursuant to paragraph (2) when an applicant proposes to construct a housing development that conforms to the requirements of paragraph (1) of subdivision (b), agrees to include additional rental or for-sale units affordable to very low income households or moderate income households, and meets any of the following requirements:
(A) The housing development conforms to the requirements of subparagraph (A) of paragraph (1) of subdivision (b) and provides 24 percent of the total units to lower income households. (B) The housing development conforms to the requirements of subparagraph (B) of paragraph (1) of subdivision (b) and provides 15 percent of the total units to very low income households. (C) The housing development conforms to the requirements of subparagraph (D) of paragraph (1) of subdivision (b) and provides 44 percent of the total units to moderate-income households. (2) A city, county, or city and county shall grant an additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows:
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ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
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ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
6 2
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(3) The increase required by paragraphs (1) and (2) shall be in addition to any increase in density granted by subdivision (b).
(4) The additional density bonus required under this subdivision shall be calculated using the number of units excluding any density bonus awarded by this section.
History
Added Stats 1979 ch 1207 § 10, effective October 2, 1979. Amended Stats 1982 ch 1263 § 2, effective September 22, 1982; Stats 1983 ch 634 § 1; Stats 1984 ch 1333 § 2; Stats 1989 ch 842 § 3; Stats 1990 ch 31 § 3 (AB 1259), effective March 26, 1990; Stats 1991 ch 1091 § 64 (AB 1487); Stats 1998 ch 689 § 6 (SB 1362); Stats 1999 ch 968 § 7 (SB 948); Stats 2000 ch 556 § 1 (AB 2755); Stats 2002 ch 1062 § 3 (AB 1866); Stats 2003 ch 430 § 1 (AB 305); Stats 2004 ch 724 § 5 (AB 2348), ch 928 § 1 (SB 1818); Stats 2005 ch 496 § 2 (SB 435), effective January 1, 2006; Stats 2008 ch 454 § 1 (AB 2280), effective January 1, 2009; Stats 2012 ch 181 § 53 (AB 806), effective January 1, 2013, operative January 1, 2014; Stats 2013 ch 76 § 102 (AB 383), effective January 1, 2014; Stats 2014 ch 682 § 1 (AB 2222), effective January 1, 2015; Stats 2015 ch 699 § 2 (AB 744), effective January 1, 2016; Stats 2016 ch 756 § 1 (AB 2442), effective January 1, 2017; Stats 2016 ch 758 § 1 (AB 2501), effective January 1, 2017; Stats 2016 ch 761 § 1.7 (AB 2556), effective January 1, 2017; Stats 2018 ch 904 § 2 (AB 2797), effective January 1, 2019; Stats 2018 ch 921 § 1 (AB 2753), effective January 1, 2019; Stats 2018 ch 937 § 1.3 (SB 1227), effective January 1, 2019 (ch 937 prevails); Stats 2019 ch 497 § 148 (AB 991), effective January 1, 2020; Stats 2019 ch 666 § 1 (AB 1763), effective January 1, 2020 (ch 666 prevails); Stats 2020 ch 197 § 2 (AB 2345), effective January 1, 2021; Stats 2021 ch 340 § 2 (SB 290), effective January 1, 2022; Stats 2021 ch 365 § 1.5 (SB 728), effective
ITEM NO. 17.
§ 65915. Local government incentives or concessions where applicant seeks density bonus [Effective January 1, 2025]
January 1, 2022 (ch 365 prevails); Stats 2022 ch 634 § 1 (AB 682), effective January 1, 2023; Stats 2022 ch 634 §
1.5 (AB 682), effective January 1, 2023; Stats 2022 ch 653 § 1 (AB 2334), effective January 1, 2023; Stats 2022 ch 653 § 1.5 (AB 2334), effective January 1, 2023 (ch 653 prevails); Stats 2023 ch 738 § 2 (AB 323), effective January 1, 2024; Stats 2023 ch 755 § 1 (AB 1287), effective January 1, 2024; Stats 2023 ch 784 § 1.3 (SB 713), effective January 1, 2024 (ch 784 prevails); Stats 2024 ch 80 § 77 (SB 1525), effective January 1, 2025; Stats 2024 ch 278 § 1 (AB 2694), effective January 1, 2025; Stats 2024 ch 432 § 1.5 (AB 3166), effective January 1, 2025 ) (ch 432 prevails).
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65915.1
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) § 65915.1. Affordable housing impact fees not permitted on housing development’s affordable units
For purposes of Section 65915, affordable housing impact fees, including inclusionary zoning fees and inlieu fees, shall not be imposed on a housing development’s affordable units.
History
Added Stats 2021 ch 346 § 1 (AB 571), effective January 1, 2022.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Cal Gov Code Title 7, Div. 1
Cal Gov Code Title 7, Div. 1, Ch. 4.3
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65915.2
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) § 65915.2. Affordability period longer than 55 years for units qualified for award of density bonus
If permitted by local ordinance, nothing in Section 65915 shall be construed to prohibit a city, county, or city and county from requiring an affordability period longer than 55 years for any units that qualified the applicant for the award of the density bonus developed in compliance with a local ordinance that requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households and that will be financed without low-income housing tax credits.
History
Added Stats 2021 ch 348 § 1 (AB 634), effective January 1, 2022.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Cal Gov Code Title 7, Div. 1
Cal Gov Code Title 7, Div. 1, Ch. 4.3
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65915.3
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) § 65915.3. Terms; Meanings [Effective January 1, 2025]
(a) As used in this section, the following terms have the following meanings:
(1) “Housing development” has the same meaning as defined in subdivision (i) of Section 65915. (2) “Monitoring fee” means a fee charged by a city, county, or city and county on a recurring basis to oversee and ensure the continued affordability of a housing development pursuant to either of the following:
(A) Section 65915.
(B) Any applicable local inclusionary housing ordinance. (b) Except as provided in subdivision (d), a city, county, or city and county shall not charge a monitoring fee on a housing development if all of the following conditions are met:
(1) The housing development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915.
(2) The applicant received a density bonus pursuant to Section 65915 for the housing development. (3) The housing development is subject to a recorded regulatory agreement with the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development that requires compliance with subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915.
(4) Prior to receiving a building permit, the applicant provides to the local government a fully executed Tax Credit Reservation Letter indicating that the applicant accepted the award. (5) The applicant provides to the local government a copy of a recorded regulatory agreement with the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development.
(6) The applicant agreed to provide to the local government the compliance monitoring document required pursuant to the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development regulations. (c) Beginning on January 1, 2025, a housing development that is currently placed in service, is subject to a monitoring fee, and meets the requirements of subdivision (b) shall no longer be subject to that fee. (d) Notwithstanding subdivisions (b) and (c), a city, county, or city and county may charge a monitoring fee on a housing development that meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 if any of the following conditions are met:
(1) The applicant utilizes a local incentive program that results in the development of units with deeper affordability, including a higher number of affordable units than what is monitored for by the California Tax Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development.
ITEM NO. 17.
§ 65915.3. Terms; Meanings [Effective January 1, 2025]
(2) The applicant uses a local incentive program that results in the development of units that are affordable to and occupied by moderate income households. (3) The applicant accepts a local funding source that results in the development of units with different affordability, measured through higher or lower area median income or through higher or lower rents, than what is monitored for by the California Tax Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development. (4) The applicant accepts funding from a regional, state, or federal agency other than the California Tax Credit Allocation Committee, the California Debt Limit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development that requires local monitoring activities that would not otherwise be conducted by the California Tax Allocation Committee, the Department of Housing and Community Development, or the public agency issuing the funding. (e) A city, county, or city and county that is not collecting a monitoring fee pursuant to this section shall not have any obligation to monitor a housing development for compliance with Section 65915.
History
Added Stats 2024 ch 273 § 1 (AB 2430), effective January 1, 2025.
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65915.5
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) § 65915.5. Condominium conversions including low or moderate income housing units or lower income household units
(a) When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by a city, county, or city and county pursuant to this section, the city, county, or city and county shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. A city, county, or city and county may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.
(b) For purposes of this section, “density bonus” means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. (c) For purposes of this section, “other incentives of equivalent financial value” shall not be construed to require a city, county, or city and county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city, county, or city and county might otherwise apply as conditions of conversion approval. (d) An applicant for approval to convert apartments to a condominium project may submit to a city, county, or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city, county, or city and county shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section.
The city, county, or city and county shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this section. (e) Nothing in this section shall be construed to require a city, county, or city and county to approve a proposal to convert apartments to condominiums.
(f) An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section 65915.
(g) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed condominium project replaces those units, as defined in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65915, and either of the following applies:
ITEM NO. 17.
§ 65915.5. Condominium conversions including low or moderate income housing units or lower income household units
(1) The proposed condominium project, inclusive of the units replaced pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 65915, contains affordable units at the percentages set forth in subdivision (a).
(2) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.
(h) Subdivision (g) does not apply to an applicant seeking a density bonus for a proposed housing development if their application was submitted to, or processed by, a city, county, or city and county before January 1, 2015.
History
Added Stats 1983 ch 634 § 2. Amended Stats 2014 ch 682 § 2 (AB 2222), effective January 1, 2015.
Annotations
Notes
Amendments:
2014 Amendment:
Added subds (g) and (h).
Research References & Practice Aids
Cross References:
Condominiums generally: CC §§ 1350 et seq.
Treatises:
Cal. Legal Forms, (Matthew Bender) § 30B.22.
Hierarchy Notes:
Cal Gov Code Title 7, Div. 1
Cal Gov Code Title 7, Div. 1, Ch. 4.3
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65915.7
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) Notice
This section has more than one version with varying effective dates. § 65915.7. Granting development bonus to commercial developer contributing affordable housing [Repealed effective January 1, 2028] (a) When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subdivision (c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b). Housing shall be constructed on the site of the commercial development or on a site that is all of the following:
(1) Within the boundaries of the local government.
(2) In close proximity to public amenities including schools and employment centers. (3) Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(b) The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the jurisdiction, that may include, but are not limited to, any of the following:
(1) Up to a 20-percent increase in maximum allowable intensity in the General Plan. (2) Up to a 20-percent increase in maximum allowable floor area ratio. (3) Up to a 20-percent increase in maximum height requirements. (4) Up to a 20-percent reduction in minimum parking requirements. (5) Use of a limited-use/limited-application elevator for upper floor accessibility. (6) An exception to a zoning ordinance or other land use regulation. (c) For purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the city, county, or city and county. (d) For purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners:
(1) The commercial developer may directly build the units. (2) The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing.
ITEM NO. 17.
§ 65915.7. Granting development bonus to commercial developer contributing affordable housing [Repealed effective January 1, 2028]
(3) The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project. (e) For purposes of this section, subparagraph (A) of paragraph (3) of subdivision (c) of Section 65915 shall apply.
(f) Nothing in this section shall preclude any additional allowances or incentives offered to developers by local governments pursuant to law or regulation.
(g) If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in subdivision (c), the local government may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units. (h) In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low-income households or at least 15 percent of the total units for very low-income households. (i) Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards, or parking ratios under Section 65915.
(j) A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.
(k) A city or county shall submit to the Department of Housing and Community Development, as part of the annual report required by Section 65400, information describing a commercial development bonus approved pursuant to this section, including the terms of the agreements between the commercial developer and the affordable housing developer, and the developers and the local jurisdiction, and the number of affordable units constructed as part of the agreements. (l) For purposes of this section, “partner” means formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial development applicant and the affordable housing developer are each partners, members, shareholders or other participants, or a contract or agreement between a commercial development applicant and affordable housing developer for the development of both the commercial and the affordable housing properties. (m) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
History
Added Stats 2022 ch 637 § 1 (AB 1551), effective January 1, 2023, repealed January 1, 2028.
Annotations
Notes
Prior Law:
Former Gov C § 65915.7, similar to the present section, was added Stats 2016 ch 747 § 2 (AB 1934), effective January 1, 2017, and repealed January 1, 2022, by its own terms.
Research References & Practice Aids
ITEM NO. 17.
§ 65915.7. Granting development bonus to commercial developer contributing affordable housing [Repealed effective January 1, 2028]
Hierarchy Notes:
Cal Gov Code Title 7, Div. 1
Cal Gov Code Title 7, Div. 1, Ch. 4.3
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65915.7
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) Notice
This section has more than one version with varying effective dates. § 65915.7. Granting development bonus to commercial developer contributing affordable housing [Repealed effective January 1, 2028] History
Added Stats 2022 ch 637 § 1 (AB 1551), effective January 1, 2023, repealed January 1, 2028.
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65916
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) § 65916. Assurance of continued availability for low- and moderate-income units where there is direct financial contribution
Where there is a direct financial contribution to a housing development pursuant to Section 65915 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city, county, or city and county shall assure continued availability for low- and moderate-income units for 30 years. When appropriate, the agreement provided for in Section 65915 shall specify the mechanisms and procedures necessary to carry out this section.
History
Added Stats 1979 ch 1207 § 10, effective October 2, 1979.
Annotations
Notes
Editor’s Notes—
See note following Gov C § 65050.
Opinion Notes
Attorney General’s Opinions
The granting of a density bonus or an exemption from a local ordinance provision does not constitute a “direct financial contribution” for purposes of Gov C § 65916. 64 Ops. Cal. Atty. Gen. 370.
Cities and counties are required to comply with the 30-year use restriction provisions of Government Code §§ 37364 and 65916 when they use federal community development block grant funds to provide housing affordable to persons of low and moderate income by (1) purchasing property from private developer and reconveying it to him for nominal sum or (2) purchasing interest in property allowing them to restrict use of property to affordable housing. 69 Ops. Cal. Atty. Gen. 223.
A community may establish its maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over the next five-year period below the number of housing units that would meet the community’s goal of achieving its share of the regional housing needs established pursuant to the Planning and
ITEM NO. 17.
§ 65916. Assurance of continued availability for low- and moderate-income units where there is direct financial contribution
Zoning Law if the community finds that its available resources in the aggregate, including but not limited to federal and state funds for its housing programs, its own local funds, tax or density credits, and other affordable housing programs, are insufficient to meet those needs. 88 Ops. Cal. Atty. Gen. 84.
Research References & Practice Aids
Legal Periodicals:
Review of Selected 1979 California Legislation. 11 Pac. L.J. 573.
Treatises:
Cal. Forms Pleading & Practice (Matthew Bender) ch 335 “Landlord And Tenant: Rent Control”.
Cal. Legal Forms, (Matthew Bender) § 30B.22.
Hierarchy Notes:
Cal Gov Code Title 7, Div. 1
Cal Gov Code Title 7, Div. 1, Ch. 4.3
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65917
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) § 65917. Legislative intent
In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement by a developer in accordance with Section 65915, a locality shall not offer a density bonus or any other incentive that would undermine the intent of this chapter.
History
Added Stats 1979 ch 1207 § 10, effective October 2, 1979. Amended Stats 1982 ch 1263 § 3, effective September 22, 1982; Stats 1989 ch 842 § 4; Stats 2001 ch 115 § 14 (SB 153).
Annotations
Notes
Editor’s Notes—
Amendments:
Editor’s Notes—
See note following Gov C § 65050.
Amendments:
1982 Amendment:
(1) Substituted “density bonus or other incentives” for “agreement”; and (2) added “shall” after “to this chapter”. 1989 Amendment:
(1) Substituted “lower income” for “low-and moderate income” after “feasibility of” in the first sentence; and (2) added the second sentence.
2001 Amendment:
ITEM NO. 17.
§ 65917. Legislative intent
Substituted “Section 65915” for “Section 65913.5 or 65915”.
Commentary
Law Revision Commission Comments:
2001—
Section 65917is amended to correct an obsolete reference to former Section 65913.5.
Notes to Decisions
1. Generally
Density bonus did not preclude fair market rents under the federal Section 8 housing program, 42 U.S.C. § 1437f, in excess of maximum rents under H & S C §§ 50053(b)(2), 50098, because affordable rent under Gov C § 65915(c)(1), pertains to the amount paid by the tenant and does not limit rent subsidies. Gov C § 65917, does not display any legislative intent to make developers choose between regulatory incentives and rental subsidies.
Wollmer v. City of Berkeley (Cal. App. 1st Dist. 2011), 193 Cal. App. 4th 1329, 122 Cal. Rptr. 3d 781, 2011 Cal.
App. LEXIS 375.
Research References & Practice Aids
Legal Periodicals:
Review of Selected 1979 California Legislation. 11 Pac. L.J. 573. 1989 legislative summary. 8 Cal Real Prop J No. 1 p 1.
Treatises:
Cal. Legal Forms, (Matthew Bender) § 30B.22.
Hierarchy Notes:
Cal Gov Code Title 7, Div. 1
Cal Gov Code Title 7, Div. 1, Ch. 4.3
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65917.2
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) § 65917.2. Definitions; Grant to eligible housing development developer floor area ratio bonus; Parking requirements; Impact fees calculation (a) As used in this section, the following terms shall have the following meanings:
(1) “Eligible housing development” means a development that satisfies all of the following criteria:
(A) The development is a multifamily housing development that contains five or more residential units, exclusive of any other floor area ratio bonus or incentive or concession awarded pursuant to this chapter.
(B) The development is located within one of the following:
(i) An urban infill site that is within a transit priority area. (ii) One-half mile of a major transit stop.
(C) The site of the development is zoned to allow residential use or mixed-use with a minimum planned density of at least 20 dwelling units per acre and does not include any land zoned for low density residential use or for exclusive nonresidential use. (D) The applicant and the development satisfy the replacement requirements specified in subdivision (c) of Section 65915.
(E) The development includes at least 20 percent of the units, excluding any additional units allowed under a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter, with an affordable housing cost or affordable rent to, and occupied by, persons with a household income equal to or less than 50 percent of the area median income, as determined pursuant to Section 50093 of the Health and Safety Code, and subject to an affordability restriction for a minimum of 55 years.
(F) The development complies with the height requirements applicable to the underlying zone. A development shall not be eligible to use a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter to relieve the development from a maximum height limitation. (2) “Floor area ratio” means the ratio of gross building area of the eligible housing development, excluding structured parking areas, proposed for the project divided by the net lot area. For purposes of this paragraph, “gross building area” means the sum of all finished areas of all floors of a building included within the outside faces of its exterior walls. (3) “Floor area ratio bonus” means an allowance for an eligible housing development to utilize a floor area ratio over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city or county, calculated pursuant to paragraph (2) of subdivision (b).
(4) “Major transit stop” has the same meaning as defined in Section 21155 of the Public Resources Code.
ITEM NO. 17.
§ 65917.2. Definitions; Grant to eligible housing development developer floor area ratio bonus; Parking requirements; Impact fees calculation
(5) “Transit priority area” has the same meaning as defined in Section 21099 of the Public Resources Code.
(b)
(1) A city council, including a charter city council or the board of supervisors of a city and county, or county board of supervisors may establish a procedure by ordinance to grant a developer of an eligible housing development, upon the request of the developer, a floor area ratio bonus, calculated as provided in paragraph (2), in lieu of a density bonus awarded on the basis of dwelling units per acre. (2) In calculating the floor area ratio bonus pursuant to this section, the allowable gross residential floor area in square feet shall be the product of all of the following amounts:
(A) The allowable residential base density in dwelling units per acre. (B) The site area in square feet, divided by 43,560.
(C) 2,250.
(c) The city council or county board of supervisors shall not impose any parking requirement on an eligible housing development in excess of 0.1 parking spaces per unit that is affordable to persons and families with a household income equal to or less than 120 percent of the area median income and 0.5 parking spaces per unit that is offered at market rate.
(d) A city or county that adopts a floor area ratio bonus ordinance pursuant to this section shall allow an applicant seeking to develop an eligible residential development to calculate impact fees based on square feet, instead of on a per unit basis.
(e) In the case of an eligible housing development that is zoned for mixed-use purposes, any floor area ratio requirement under a zoning ordinance or land use element of the general plan of the city or county applicable to the nonresidential portion of the eligible housing development shall continue to apply notwithstanding the award of a floor area ratio bonus in accordance with this section. (f) An applicant for a floor area ratio bonus pursuant to this section may also submit to the city, county, or city and county a proposal for specific incentives or concessions pursuant to subdivision (d) of Section 65915.
(g)
(1) This section shall not be interpreted to do either of the following:
(A) Supersede or preempt any other section within this chapter. (B) Prohibit a city, county, or city and county from providing a floor area ratio bonus under terms that are different from those set forth in this section. (2) The adoption of an ordinance pursuant to this section shall not be interpreted to relieve a city, county, or city and county from complying with Section 65915.
History
Added Stats 2018 ch 915 § 1 (AB 2372), effective January 1, 2019.
Annotations
Research References & Practice Aids
ITEM NO. 17.
§ 65917.2. Definitions; Grant to eligible housing development developer floor area ratio bonus; Parking requirements; Impact fees calculation
Hierarchy Notes:
Cal Gov Code Title 7, Div. 1
Cal Gov Code Title 7, Div. 1, Ch. 4.3
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65917.5
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) § 65917.5. Child care facility
(a) As used in this section, the following terms shall have the following meanings:
(1) “Child care facility” means a facility installed, operated, and maintained under this section for the nonresidential care of children as defined under applicable state licensing requirements for the facility. (2) “Density bonus” means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city, including a charter city, city and county, or county of:
(A) A maximum of five square feet of floor area for each one square foot of floor area contained in the child care facility for existing structures.
(B) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child care facility for new structures.
For purposes of calculating the density bonus under this section, both indoor and outdoor square footage requirements for the child care facility as set forth in applicable state child care licensing requirements shall be included in the floor area of the child care facility. (3) “Developer” means the owner or other person, including a lessee, having the right under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors to make an application for development approvals for the development or redevelopment of a commercial or industrial project. (4) “Floor area” means as to a commercial or industrial project, the floor area as calculated under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors and as to a child care facility, the total area contained within the exterior walls of the facility and all outdoor areas devoted to the use of the facility in accordance with applicable state child care licensing requirements. (b) A city council, including a charter city council, city and county board of supervisors, or county board of supervisors may establish a procedure by ordinance to grant a developer of a commercial or industrial project, containing at least 50,000 square feet of floor area, a density bonus when that developer has set aside at least 2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care facility. The granting of a bonus shall not preclude a city council, including a charter city council, city and county board of supervisors, or county board of supervisors from imposing necessary conditions on the project or on the additional square footage. Projects constructed under this section shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other health, safety, and zoning requirements generally applicable to construction in the zone in which the property is located. A consortium with more than one developer may be permitted to achieve the threshold amount for the available density bonus with each developer’s density bonus equal to the percentage participation of the developer. This facility may be located on the project site or may be located offsite as agreed upon by the developer and local agency. If the child care facility is not located on the site of the project, the local agency shall determine whether the location of the child care facility is appropriate and whether it conforms with the
ITEM NO. 17.
§ 65917.5. Child care facility
intent of this section. The child care facility shall be of a size to comply with all state licensing requirements in order to accommodate at least 40 children.
(c) The developer may operate the child care facility itself or may contract with a licensed child care provider to operate the facility. In all cases, the developer shall show ongoing coordination with a local child care resource and referral network or local governmental child care coordinator in order to qualify for the density bonus.
(d) If the developer uses space allocated for child care facility purposes, in accordance with subdivision (b), for purposes other than for a child care facility, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. If the developer fails to have the space allocated for the child care facility within three years, from the date upon which the first temporary certificate of occupancy is granted, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors in accordance with procedures to be developed by the legislative body of the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. A penalty levied against a consortium of developers shall be charged to each developer in an amount equal to the developer’s percentage square feet participation. Funds collected pursuant to this subdivision shall be deposited by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors into a special account to be used for child care services or child care facilities.
(e) Once the child care facility has been established, prior to the closure, change in use, or reduction in the physical size of, the facility, the city, city council, including a charter city council, city and county board of supervisors, or county board of supervisors shall be required to make a finding that the need for child care is no longer present, or is not present to the same degree as it was at the time the facility was established. (f) The requirements of Chapter 5 (commencing with Section 66000) and of the amendments made to Sections 53077, 54997, and 54998 by Chapter 1002 of the Statutes of 1987 shall not apply to actions taken in accordance with this section.
(g) This section shall not apply to a voter-approved ordinance adopted by referendum or initiative.
History
Added Stats 1989 ch 1323 § 2. Amended Stats 2008 ch 179 § 112 (SB 1498), effective January 1, 2009.
Annotations
Notes
Editor’s Notes—
Amendments:
Note—
Editor’s Notes—
Gov C §§ 54997, 54998, referred to in subdivision (f) of this section, was repealed Stats 1990 ch 1572 § 5. See now Gov C § 66023.
ITEM NO. 17.
§ 65917.5. Child care facility
Amendments:
2008 Amendment:
(1) Substituted “an application” for “application” after “supervisors to make” in subd (a)(3); (2) amended subd (d) by substituting (a) “purposes” for “any purposes” after “subdivision (b), for” in the first sentence; (b) “A” for “Any” at the beginning of the fifth sentence; and (c) “child care” for “childcare” after “to be used for” in the last sentence; and (3) deleted the comma after “Sections 53077, 54997, and 54998” in subd (f).
Note—
Stats 1989 ch 1323 provides:
SECTION 1. The Legislature finds and declares all of the following:
(a) It is the intent of the Legislature to encourage greater development of facilities by the private sector at points of employment concentration.
(b) It is the intent of the Legislature to encourage and foster a public and private cooperative approach to providing child care services in California communities. (c) It is in the best interest of the state to develop and foster incentive driven programs to encourage commercial and industrial developers to provide children’s centers, which can meet the needs of the city, including a charter city, city and county, or county. (d) It is the intent of the Legislature to provide advisory guidelines which may be adopted by a city council, including a charter city council, city and county board of supervisors, or county board of supervisors, for floor area ratio bonuses as one approach in addressing the unmet need for child care services in California communities.
(e) It is in the best interest of the state to provide advisory guidelines which assist in reducing travel time for families by increasing onsite child care facilities in developments such as business, industrial parks, and retail centers. It is also in the best interest of the state to create incentives for developers which will help to foster and attract business and tenants in new developments. (f) It is the intent of the Legislature to provide guidelines for local jurisdictions and the private sector which will increase the number of facilities which are developed specifically for children that can enrich and nurture their physical and cognitive growth.
(g) It is further the intent of the Legislature that every city council, including a charter city council, city and county board of supervisors, or county board of supervisors, shall consider adopting the floor area ratio bonus guidelines into their local general plans.
Research References & Practice Aids
Treatises:
Cal. Legal Forms, (Matthew Bender) § 30B.22.
Taking a closer look: Significant new California legislation enacted in 1989. 13 CEB Real Prop L Rep No. 2 p 37.
Hierarchy Notes:
Cal Gov Code Title 7, Div. 1
ITEM NO. 17.
§ 65917.5. Child care facility
Cal Gov Code Title 7, Div. 1, Ch. 4.3
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Bridgette Falconio
Cal Gov Code § 65918
Deering's California Codes are current through the 2024 Regular Session Ch 268.
Deering’s California Codes Annotated > GOVERNMENT CODE (§§ 1 — 500000–500049) > Title 7 Planning and Land Use (Divs. 1 — 3) > Division 1 Planning and Zoning (Chs. 1 — 13) > Chapter
4.3 Density Bonuses and Other Incentives (§§ 65915 — 65918) § 65918. Application of provisions to charter cities
The provisions of this chapter shall apply to charter cities.
History
Added Stats 1979 ch 1207 § 10, effective October 2, 1979.
Annotations
Research References & Practice Aids
Cross References:
Chartered cities generally: Gov C §§ 51540 et seq.
Legal Periodicals:
Review of Selected 1979 California Legislation. 11 Pac. L.J. 573.
Treatises:
Cal. Forms Pleading & Practice (Matthew Bender) ch 579 “Zoning And Planning”.
Cal. Legal Forms, (Matthew Bender) § 30B.22.
Hierarchy Notes:
Cal Gov Code Title 7, Div. 1
Cal Gov Code Title 7, Div. 1, Ch. 4.3
Deering’s California Codes Annotated
Copyright © 2024 All rights reserved.
End of Document
ITEM NO. 17.
Draft Ordinance Adoption Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING,” OF THE TOWN CODE TO UPDATE
THE TOWN'S DENSITY BONUS ORDINANCE TO REFLECT CHANGES
MADE IN STATE LAW
WHEREAS, Sections 65915 et seq. of the California Government Code, known as State Density Bonus Law, requires the Town of Los Gatos to provide a developer that proposes a housing development within the jurisdictional boundaries of the Town of Los Gatos containing affordable and other types of housing with a density bonus and other incentives; and WHEREAS, California Government Code Section 65915(a) requires that all jurisdictions within the state adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented; and
WHEREAS, since adoption of the Town’s density bonus ordinance, the State Legislature has passed, and the Governor has signed into law numerous changes to State Density Bonus Law; and
WHEREAS, the 2023-2031 Housing Element, which was adopted on June 4, 2024, and subsequently found in compliance with housing element law on July 10, 2024, by the California Department of Housing and Community Development, provides that the Town will update its density bonus ordinance to comply with State law amendments; and WHEREAS, the Planning Commission has reviewed the proposed amendments to the Town Code, has found that the proposed amendments are consistent with goals and policies of the Town’s General Plan, and recommends adoption of the proposed amendments by the Town Council; and
WHEREAS, the Town finds and determines that the proposed amendments to the Town Code are adopted pursuant to the Town’s police power authority to protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Incorporation of Recitals.
The Town of Los Gatos Town Council finds that the above Recitals are true and correct and are incorporated herein by reference.
ATTACHMENT 3
ITEM NO. 17.
Draft Ordinance Adoption Date
SECTION II. Amendments to Chapter 29 of the Town of Los Gatos Town Code.
Sections 29.10.405 through 29.10.440 of Chapter 29 of the Town of Los Gatos Town Code are repealed and replaced with a new Division 8 of Article I of Chapter 29 to read as follows:
AFFORDABLE HOUSING DENSITY BONUS
Sections
29.10.410 Purpose.
29.10.420 Definitions.
29.10.430 Application requirements.
29.10.440 Review process.
29.10.450 Density bonus agreement.
29.10.460 Density bonus calculations.
29.10.470 Development standards.
29.10.480 Density bonus for commercial development.
29.10.490 Interpretation
Sec. 29.10.410. Purpose.
In accordance with California Government Code Sections 65915, et seq., this Division specifies how compliance with State Density Bonus Law will be implemented. Specifically, the purpose of this Division is to provide density bonuses, incentives, concessions, and waivers of development standards for the production of housing for very low-, low-, and moderate-income households, senior households, provision of daycare facilities, student housing, and donations of land, and for other housing types as provided by state law. In enacting this Division, it is also the intent of the Town to implement the goals, objectives, and policies of the Town’s Housing Element of the General Plan.
Sec. 29.10.420. Definitions.
The definitions found in State Density Bonus Law shall apply to the terms contained in this Division. “Incentives” include “concessions” as defined in State Density Bonus Law.
Sec. 29.10.430. Application Requirements.
(a) An applicant for a “housing development” as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915(b), (c), (f), (g), (h), and (v), or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.
(b) The granting of a density bonus, incentive, or concession, pursuant to this Division, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a Town ordinance or
ITEM NO. 17.
Draft Ordinance Adoption Date
provisions of a Town ordinance unrelated to development standards. (c) All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the Community Development Director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943. (d) The application shall include the required fee and the following minimum information:
1. For a requested density bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
b. Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.
c. Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.
d. A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.
e. The zoning and general plan designations and assessor's parcel number(s) of the housing development site.
f. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity’s valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income. g. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period, but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.
h. The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.
ITEM NO. 17.
Draft Ordinance Adoption Date
i. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915 (g) can be met.
2. Requested incentives. Incentives are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):
a. The Town of Los Gatos’s usual regulation and the requested regulatory incentive or concession.
b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.
3. Requested waivers. For each waiver requested, the applicant shall include a list, and shown on a site plan (if possible), the Town’s required development standard and the requested development standard.
4. Parking reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.
5. Density bonus or incentive for a childcare facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.
ITEM NO. 17.
Draft Ordinance Adoption Date
6. Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.
Sec. 29.10.440. Application review process.
(a) All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of Division 4 of Chapter 29 of the Town Code shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.
(b) To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:
1. The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very low- and low-income households as required by California Government Code Section 65915(c)(3).
2. If applicable, the housing development provides the housing required by State Density Bonus law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).
3. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).
4. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.
5. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.
6. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.
7. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.
ITEM NO. 17.
Draft Ordinance Adoption Date
(c) The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or
2. The proposed incentive would be contrary to state or federal law; or
3. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5. (d) The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
1. The proposed waiver would be contrary to state or federal law; or
2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
3. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5. (e) If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the Town already has adequate child care facilities. (f) A request for minor modification of an approved density bonus housing plan may be granted by the Town Manager, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.
Sec. 29.10.450. Density bonus housing agreement.
(a) If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this Division, the applicant shall enter into a binding affordable housing agreement and/or restrictive covenant, as described below, with the Town, which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures
ITEM NO. 17.
Draft Ordinance Adoption Date
compliance with all of the provisions of this chapter. The agreement will also establish specific compliance standards and remedies available to the Town upon failure by the applicant to comply with State Density Bonus Law, this Division, or the affordable housing agreement. (b) For rental projects, the applicant shall enter into an affordable housing agreement with the Town, running with the land, in a form approved by the Town Attorney, to be executed by the Town Manager, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the Town Attorney.
Rents for the lower income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.
(c) For for-sale projects, the applicant shall enter into an affordable housing agreement with the Town of Los Gatos, running with the land, in a form approved by the Town Attorney, to be executed by the Town Manager, or their designee. The affordable housing agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an incomequalified household within one-hundred eighty (180) days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified non-profit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the Town Attorney. The Town shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law. The affordable housing agreement shall require the continued affordability of the for-sale units for 45 years. (d) Where a density bonus, waiver, or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the Town, running with the land, in a form approved by the Town Attorney, to be executed by the Town Manager, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws. (e) The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing agreement shall be binding on all future owners and successors in interest.
Sec. 29.10.460. Density bonus calculations.
(a) In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
(b) When calculating the number of affordable units needed to qualify for a given density
ITEM NO. 17.
Draft Ordinance Adoption Date
bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.
(c) Except where a housing development is eligible for an additional bonus, pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.
(d) In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the Town of Los Gatos’s inclusionary housing requirements in Division 6 of Chapter 29 of the Town Code and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of State Density Bonus Law.
(e) The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.
(f) Nothing in this Division requires the provision of direct financial incentives from the Town for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The Town, at its sole discretion, may choose to provide such direct financial incentives.
Sec. 29.10.470. Development standards.
(a) Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.
(b) The external finish appearance of affordable units shall be indiscernable from that of the market rate units in the project. The internal finish of affordable units shall be identical to those of the market rate units in the project, except that the applicant may request Town approval of substitutions for luxury interior finishes, appliances, or fixtures, if such substitutions do not violate any other Town Code requirement.
(c) To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.
Sec. 29.10.480. Density bonus for commercial development.
A Commercial Development may request and receive a Development Bonus pursuant to the
ITEM NO. 17.
Draft Ordinance Adoption Date
provisions of Government Code Section 65915.7.
Sec. 29.10.490. Interpretation.
If any portion of this Division conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this Division. Any ambiguities in this Division shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this Division include successor provisions.
SECTION III. California Environmental Quality Act (CEQA) Considerations.
The Town Council finds that this Ordinance is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and includes no provisions beyond those included in State Density Bonus Law that may result in a direct or indirect impact on the physical environment.
SECTION IV. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.
SECTION V. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION VI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
ITEM NO. 17.
Draft Ordinance Adoption Date
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 17.
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Director and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 18
DATE: November 20, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code to Add Low Barrier Navigation Centers as a By-Right Use in MixedUse and Nonresidential Zones, Pursuant to Implementation Program AD of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65660 - 65668. Town Code Amendment Application A-24-006. Project Location: Town Wide. Applicant: Town of Los Gatos.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos to Add Division 11, “Low Barrier Navigation Centers,” to Article I, “General” of Chapter 29, “Zoning Regulations,” of the Town Code.
RECOMMENDATION:
Introduce an ordinance (Attachment 5) amending Chapter 29 (Zoning Regulations) of the Town Code to add Low Barrier Navigation Centers as a by-right use in mixed use and nonresidential zones where multi-family uses are permitted, pursuant to Implementation Program AD of the 2023-2031 Housing Element.
BACKGROUND:
Implementation Program AD states that the Town will amend the Zoning Code to include a definition of Low-Barrier Navigation Center (LBNC) consistent with state law and allow at least two mixed-use zoning districts to permit Low-Barrier Navigation Centers as a by-right use.
However, upon review of the state law, it appears that the Town is required to allow LBNC’s in all mixed-use and nonresidential zones in which multi-family uses are permitted.
ITEM NO. 18.
PAGE 2 OF 3
SUBJECT: Low-Barrier Navigation Center Ordinance
DATE: November 20, 2024
A LBNC is a “Housing First,” low-barrier, temporary, service-enriched shelter that helps homeless individuals and families to quickly obtain permanent housing. By “Housing First,” the State means that the shelter has the goal of finding permanent housing for the unhoused and does not make housing contingent on participation in services (Welfare and Institutions Code Section 8255).
State Assembly Bill 101 enacted Government Code Sections 65660 – 65668 (Attachment 1) to require that local jurisdictions allow LBNC’s as “by-right” uses in areas zoned for mixed-use and nonresidential zones permitting multi-family uses, so long as the LBNC’s meet specified requirements. In the Town, those four zoning districts are the O, CH, C-1, and C-2 zones (Attachment 2).
To qualify for “by-right” approval, a proposed LBNC must provide access to permanent housing, using a coordinated entry system (in which individuals and families get access to related services), and comply with a state “Housing First” statute. The “Housing First” statute is codified in Welfare and Institutions Code Section 8255. A copy of Welfare and Institutions Code Section 8255 is attached as Attachment 3.
A “by-right” use is eligible for a ministerial permit and is not subject to the California Environmental Quality Act. The Town is required to notify the developer whether the application is complete within 30 days of receipt of an application. The Town is required to act on the application within 60 days of receipt of a complete application. These new provisions are in addition to current state housing element law regarding planning and approval for emergency shelters, transitional housing, and by-right permanent supportive housing.
In addition to being required by state law, adoption of an LBNC ordinance is required by Implementation Program AD of the Town’s certified 2023-2031 Housing Element. The Town is required to report to the California Department of Housing and Community Development (HCD) when this program has been implemented.
On November 13, 2024, the Planning Commission voted unanimously to recommend to the Town Council recommend introduction of the Ordinance.
DISCUSSION:
Town staff is proposing that Chapter 29, Article I of the Town’s Zoning Regulations be amended to add Division 11. Additionally, LBNCs would be added as permitted uses in the O, C-1, C-2, and CH zones (Sections 29.60.085, 29.60.210, 29.60.320, and 29.60.420 respectively).
ITEM NO. 18.
PAGE 3 OF 3
SUBJECT: Low-Barrier Navigation Center Ordinance
DATE: November 20, 2024
CONCLUSION:
If the Town Council introduces the proposed ordinance, it (Attachment 5) will be placed on the December 17, 2024, Town Council agenda for adoption and the ordinance will take effect 30 days after adoption.
COORDINATION:
This report was coordinated with the Community Development Department and Town Attorney’s Office.
FISCAL IMPACT:
The Town does not anticipate a fiscal impact from this requirement, because the Town will adopt a fee to cover the cost of processing the planning applications.
ENVIRONMENTAL ASSESSMENT:
Adoption of this ordinance is exempt pursuant to CEQA, Section 15061(b)(3) in that it can be seen with certainty that it will not impact the environment, because the Town is already subject to Government Code Sections 65660 - 65668. State law already requires the Town to allow LNBC’s as by-right uses in the specified zones so long as they meet the criteria set forth in state law.
Attachments:
1. Government Code Sections 65660 - 65668
2. C-1, C-2, CH, and O Zoning Districts Map
3. Welfare and Institutions Code Section 8255
4. Redline Town Code
5. Draft Ordinance
ITEM NO. 18.
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65660.
65662.
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GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66342] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 3. Local Planning [65100 - 65763] ( Chapter 3 repealed and added by Stats. 1965, Ch. 1880. ) ARTICLE 12. Low Barrier Navigation Centers [65660 - 65668] ( Article 12 added by Stats. 2019, Ch. 159, Sec. 7. ) For purposes of this article:
(a) “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
(b) “Use by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by this section.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section 65668.)
A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the requirements of this article. A local jurisdiction shall permit a Low Barrier Navigation Center development provided that it meets the following requirements:
(a) It offers services to connect people to permanent housing through a services plan that identifies services staffing.
(b) It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
(c) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
(d) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 10/30/24, 4:10 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=3.&article=12. ATTACHMENT 1 1/2
ITEM NO. 18.
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the Code of Federal Regulations.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section 65668.)
Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Section 65943.
Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local jurisdiction shall act upon its review of the application. (Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section 65668.)
The Legislature finds and declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article shall apply to all cities, including charter cities.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section 65668.)
This article shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of Januaury 1, 2027, by its own provisions. Note: Repeal affects Article 12 commencing with Section 65660.) 10/30/24, 4:10 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=3.&article=12. 2/2
ITEM NO. 18.
HIGHWAY 17
CREEK TRAIL
LOS GATOS
UNIVERSITY
OKA
LARK
WINCHESTER
A
HIGHWAY 85
SHANNON
EATON
CAMELLIA
WEDGEWOOD
LESTER
KNOWLES
ZENA
DAVES
BRUCE
FRANK
SANTA CRUZ
CARLTON
CAPRI
AZALEA
POPPY
GOLF LINKS
VINELAND
WIMBLEDON
CLEARVIEW
LEROY
LA RINCONADA
DELL
CLARA
FISHER
CHIRCO
ROBERTS
TURNER
POLLARD
EASTVIEW
IZORAH
ROBIE
ANDREWS
GARDEN
BICKNELL
BENEDICT
PLACER OAKS
INDUSTRIAL
LORA
OLIVE
WILD
LONGRIDGE
GRANADA
CORINNE
FARLEY
VASONA
LAS ASTAS
NEWELL
BLOSSOM HILL ASHLER
RIVIERA
PENN
EL RANCHO
OAK RIDGE
NODDIN
MOZART
MULBERRY
MARKET
VIA DEL SUR
SAN MATEO
CHERRY BLOSSOM
FLINTRIDGE
CARLESTER
ALBERT
SUMMIT
OHLONE
WALKER
SHELBURNE
MILLRICH
FORREST
SERRA
DEL CARLO
COOPER
FARLEY
ROBERTS
OKA
C-1, C-2, CH, and O Zones
0.5 ´ Miles
MONTE
SERENO
SAN JOSE
COUNTY
Zones
C-1 - Neighborhood Commercial
C-2 - Central Buisness District
CH - Restricted Commercial Highway
O - Office
ATTACHMENT 2
ITEM NO. 18.
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Intentionally
Left Blank
ITEM NO. 18.
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DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) 8255.
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WELFARE AND INSTITUTIONS CODE - WIC
CHAPTER 6.5. Housing First and Coordinating Council [8255 - 8257.2] ( Chapter 6.5 added by Stats. 2016, Ch. 847, Sec. 2. ) For purposes of this chapter:
(a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257. (b) “Core components of Housing First” means all of the following:
(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. (2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” (3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. (4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy. (6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes.
(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. (8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-firstserve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents.
(9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling. (10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. (11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants. (c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal Regulations.
(d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 11/21/24, 4:06 PM California Code, WIC 8255.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=8255. 1/2 ATTACHMENT 3
ITEM NO. 18.
Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
(2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer term rental assistance, income assistance, or employment.
(B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age.
Providers should work with the youth to engage in family reunification efforts, where appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, decent housing options. Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance.
(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter.
(Amended by Stats. 2021, Ch. 398, Sec. 3. (AB 1220) Effective January 1, 2022.) 11/21/24, 4:06 PM California Code, WIC 8255.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=8255. 2/2
ITEM NO. 18.
Sec. 29.60.085. Permitted uses.
Activities allowed in the O or office zone must be those which would not unreasonably interfere with residential uses or other activities within the O zone, and which are in the following categories:
(1) Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales.
(2) Retail sales by a pharmacy within a medical building. (3) Group classes.
(4) Personal service businesses.
(5) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
Sec. 29.60.210. Permitted uses.
(a) Activities allowed in the C-1 or neighborhood commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(5) Activities permitted in the LM zone which were approved on or before February 1, 1993, provided any change of use must be a conforming use in the C-1 zone. (6) Group classes.
(7) Specialty food retail without alcoholic beverages.
(8) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
(b) Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.
ATTACHMENT 4
ITEM NO. 18.
Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are those involving the conduct of commerce and general business and the sale of commodities necessary for the needs of residents and visitors of the Town, such as:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Reserved. Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
(3) Reserved.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses permitted in this section.
(8) Personal service businesses.
(9) Specialty food retail without alcoholic beverages.
(b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the C-2 zone are manufacturing, warehousing, laundry or dry cleaning plants.
(c) Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:
(1) Lyndon Avenue;
(2) Properties abutting Wood Road;
(3) The west side of Victory Lane:
(4) The south side of Los-Gatos-Saratoga Road excluding:
a. That portion of the property located at the southwest corner of Los-Gatos Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred forty (140) feet west of that extended line.
ITEM NO. 18.
b. The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University Avenue; and
(5) The east side of South Santa Cruz Avenue directly across the street from Wood Road. (6) The north and south side of West Main Street west of Victory Lane. (7) Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have street frontage.
(d) Notwithstanding subsection (c), office activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance.
(1) Office activities existing on June 17, 1991; or
(2) Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically stated that the building was approved for office activities.
Sec. 29.60.420. Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(7) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities
ITEM NO. 18.
which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.
ITEM NO. 18.
Draft Ordinance Adotion Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO ADD DIVISION 11, “LOW BARRIER NAVIGATION CENTERS,” TO ARTICLE I, “GENERAL” OF CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE WHEREAS, a Low Barrier Navigation Center (LBNC) is a shelter that helps homeless individuals and families to quickly obtain permanent housing; and WHEREAS, state Assembly Bill 101 requires that an LBNC be a use by-right in areas zoned for mixed-use and nonresidential zones permitting multi-family uses if it meets specified requirements; and
WHEREAS, one of the Town’s required Housing Element Implementation Programs is adoption of an ordinance providing that LBNC’s are a use by-right in areas zoned for mixed-use and nonresidential zones permitting multi-family uses so long as the LBNC’s meet the requirements specified in state law;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Incorporation of Recitals.
The Town Council finds that the above Recitals are true and correct and are incorporated herein by reference.
SECTION II. Amendments to Chapter 29 of the Town of Los Gatos Town Code.
A Division 11, “Low Barrier Navigation Centers,” is added to Article I, “General,” of Chapter 29, “Zoning Regulations,” to read as follows:
Sections
29.10.700 Purpose.
29.10.710 Applicability.
29.10.720 Permit required.
29.10.730 Development and Operational Standards.
29.10.740 Definitions.
Section 29.10.700. Purpose.
The purpose of this Chapter is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.
ATTACHMENT 5
ITEM NO. 18.
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Section 29.10.710. Applicability.
The provisions of this Chapter shall apply to all low-barrier navigation center projects.
Section 29.10.720. Definitions.
Low-Barrier Navigation Centers means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Use By-Right has the meaning defined in subdivision (i) of Section 65583.2 of the California Public Resources Code. The California Environmental Quality Act shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low-Barrier Navigation Center constructed or allowed by this Division.
Section 29.10.730. Permit Required.
A planning permit is required prior to establishment of any low-barrier navigation center project.
The permit shall be a ministerial action without discretionary review or a hearing. The Community Development Director or Designee shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.
Section 29.10.740: Development and Operational Standards A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multi-family uses, if it meets the following requirements:
A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal
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Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
E. Development Standards. It complies with the development standards of the underlying zoning district and any applicable objective design standards.
SECTION III. Section 29.60.085, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
Sec. 29.60.085. Permitted uses.
Activities allowed in the O or office zone must be those which would not unreasonably interfere with residential uses or other activities within the O zone, and which are in the following categories:
(1) Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales.
(2) Retail sales by a pharmacy within a medical building. (3) Group classes.
(4) Personal service businesses.
(5) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
SECTION IV. Section 29.60.210, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
Sec. 29.60.210. Permitted uses.
(a) Activities allowed in the C-1 or neighborhood commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
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(4) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(5) Activities permitted in the LM zone which were approved on or before February 1, 1993, provided any change of use must be a conforming use in the C-1 zone. (6) Group classes.
(7) Specialty food retail without alcoholic beverages.
(8) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
(b) Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.
SECTION V. Section 29.60.320, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are those involving the conduct of commerce and general business and the sale of commodities necessary for the needs of residents and visitors of the Town, such as:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
(3) Reserved.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses permitted in this section.
(8) Personal service businesses.
(9) Specialty food retail without alcoholic beverages.
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(b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the C-2 zone are manufacturing, warehousing, laundry or dry cleaning plants.
(c) Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:
(1) Lyndon Avenue;
(2) Properties abutting Wood Road;
(3) The west side of Victory Lane:
(4) The south side of Los-Gatos-Saratoga Road excluding:
a. That portion of the property located at the southwest corner of Los-Gatos Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred forty (140) feet west of that extended line. b. The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University Avenue; and
(5) The east side of South Santa Cruz Avenue directly across the street from Wood Road. (6) The north and south side of West Main Street west of Victory Lane. (7) Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have street frontage.
(d) Notwithstanding subsection (c), office activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance.
(1) Office activities existing on June 17, 1991; or
(2) Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically stated that the building was approved for office activities.
SECTION VI. Section 29.60.420, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
Sec. 29.60.420. Permitted uses.
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(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(7) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.
SECTION VII. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.
SECTION VIII. California Environmental Quality Act (CEQA) Considerations.
The Town Council finds that this Ordinance is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and includes no provisions beyond those included in state law that may result in a direct or indirect impact on the physical environment.
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SECTION IX. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION X. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN: SIGNED:
______________________________
ATTEST: MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 18.
PREPARED BY: Gabrielle Welan
Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 19
DATE: November 20, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce a Replacement Units Ordinance and Adopt a Resolution Adopting Replacement Units Guidelines, Pursuant to Implementation Program AU of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to State Law. Town Code Amendment Application A-24-007. Project Location:
Town Wide. Applicant: Town of Los Gatos.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning,” of the Town Code, to Add Division 12, “Replacement Housing Units,” to Article I, “General.”
RECOMMENDATION:
Introduce a Replacement Units Ordinance and adopt a Resolution Adopting Replacement Units Guidelines, Pursuant to Implementation Program AU of the 2023-2031 Housing Element.
BACKGROUND:
Implementation Program AU of the Town’s certified 2023-2031 Housing Element states that the Town will adopt a policy requiring replacement housing units in specified instances. The purpose of adopting a Replacement Units Ordinance is to ensure that, when housing units are removed by a development project, those housing units get replaced.
The proposed ordinance and resolution were prepared by the law firm of Goldfarb & Lipman.
State law does not require an ordinance, but some grant programs do require an ordinance. For that reason, staff is recommending that the Town adopt its replacement units requirements in an ordinance to be codified in Town Code Section 29.10.8000. In addition, staff is
ITEM NO. 19.
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SUBJECT: Replacement Units Ordinance and Guidelines
DATE: November 20, 2024
recommending that the Town adopt Replacement Units Guidelines by resolution. The proposed resolution authorizes staff to update the Guidelines if required by future changes to state law.
The Planning Commission reviewed the proposed ordinance and resolution and guidelines and recommended that the Town Council introduce the ordinance and adopt the resolution and guidelines.
DISCUSSION:
The proposed Ordinance and Guidelines reflect state law requirements. In summary, those state law requirements are:
1) State Density Bonus Law
Per Government Code Sections 65915-65918, housing developers may receive more favorable development requirements from cities and towns in exchange for providing specified percentages of affordable housing with their projects. With regard to replacement housing units, when a project proposes to demolish existing housing, or where rental housing existed on the site within the previous five years, the applicant must replace those units.
2) Housing Element Law
Per Housing Element Law (Government Code Section 65583.2(g)(3)), whenever a housing project is proposed on a site listed in the Sites Inventory of the Town’s certified 2023-2031 Housing Element, the Town must determine whether the site contains existing rental housing or contained rental housing within the past five years. If so, the rental units must be replaced.
3) Housing Crisis Act of 2019
The existing replacement housing unit requirements of the Housing Crisis Act of 2019 have been expanded to include nonresidential developments. In addition, displaced, low-income residents are entitled to relocation benefits and a right of first return.
CONCLUSION:
If the Town Council passes the proposed ordinance, the draft ordinance (Attachment 1) will be placed on the December 17, 2024, Town Council agenda for adoption. If adopted, the ordinance will take effect 30 days after adoption. The proposed resolution can be adopted at the December 3, 2024, Town Council meeting, because it will take effect upon the effective date of the ordinance.
ITEM NO. 19.
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SUBJECT: Replacement Units Ordinance and Guidelines
DATE: November 20, 2024
COORDINATION:
This report was coordinated with the Community Development Department and the Town Attorney’s Office.
ENVIRONMENTAL ASSESSMENT:
Adoption of this ordinance is exempt pursuant to CEQA, Section 15061(b)(3) in that it can be seen with certainty that it will not impact the environment because the Town is already subject to state law.
Attachments:
1. Draft Ordinance Codifying Replacement Units Requirement
2. Draft Resolution Adopting Replacement Units Guidelines with Exhibit A
ITEM NO. 19.
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DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWNOF LOS GATOS AMENDING CHAPTER 29, “ZONING,” OF THE TOWN CODE, TO ADD DIVISION 12, “REPLACEMENT HOUSING UNITS,” TO ARTICLE I, “GENERAL”
WHEREAS, Program AU of the Town’s certified Housing Element requires that the Town adopt requirements for replacement housing units when housing units are removed from the Town’s inventory; and
WHEREAS, these requirements mirror existing state law; and WHEREAS, state law provides that the replacement unit requirements can be adopted by either ordinance or resolution; and
WHEREAS, staff recommends that the replacement unit requirements be adopted by ordinance in order to ensure eligibility for state grants; and WHEREAS, staff also recommends the adoption of replacement unit guidelines by resolution;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Incorporation of Recitals.
The Town of Los Gatos Town Council finds that the above Recitals are true and correct and are incorporated herein by reference.
SECTION II. Division 12, “Replacement Housing Units,” is added to Article I, “General,” of Chapter 29, “Zoning Regulations,” to read as follows:
Sec. 29.10.800. Replacement Unit Requirements.
(a) Replacement housing requirements are established by State Density Bonus Law [Government Code Section 65915(c)(3)]; Housing Element Law [Government Code Section 65583.2(g)(3)], and the Housing Crisis Act of 2019 (Government Code Sections 66300.5 – 66300.6), collectively State Replacement Housing Law.
(b) The Town shall not approve or issue a discretionary or ministerial permit for any development project unless the development project meets all of the requirements of State Replacement Housing Law. (c) The Town Council may adopt by resolution Guidelines to implement State Replacement Housing Requirements.
ATTACHMENT 1
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(d) If any section of this chapter conflicts with State Replacement Housing Law or other applicable state law, state law shall supersede this chapter. References to state statutes, codes, or regulations include successor provisions and new provisions containing replacement housing requirements.
SECTION III. California Environmental Quality Act (CEQA) Considerations.
The Town Council finds that this Ordinance is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and includes no provisions beyond those included in State Density Bonus Law that may result in a direct or indirect impact on the physical environment.
SECTION IV. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses, or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION V. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION VI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ATTACHMENT 1
ITEM NO. 19.
Draft Ordinance Adoption Date
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 19.
ITEM NO. 19.
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DRAFT RESOLUTION
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWNOF LOS GATOS
ADOPTING REPLACEMENT UNITS GUIDELINES PURSUANT TO CALIFORNIA STATE LAW WHEREAS, on July 10, 2024, the California Department of Housing and Community Development (“HCD”) certified the 2023-2031 Housing Element of the Town of Los Gatos (“Town”); and
WHEREAS, the Housing Element includes Implementation Program AU, which requires the Town to adopt a policy requiring replacement housing units when new development occurs on a site in the sites inventory which currently has, or within the last five years, has had, residential uses that were legally restricted to low-income households, subject to price control, or occupied by lowincome households; and WHEREAS, replacement housing requirements are established by State Density Bonus Law [Government Code Section 65915(c)(3)]; Housing Element Law [Government Code Section 65583.2(g)(3)], and the Housing Crisis Act of 2019 (Government Code Sections 66300.5 – 66300.6), collectively State Replacement Housing Requirements; and WHEREAS, the Town desires to implement the replacement housing requirements of state law; and
WHEREAS, on __________, the Town Council adopted Ordinance No. ____, authorizing the adoption of Guidelines to implement State Replacement Housing Requirements, and desires to adopt such Guidelines; and
WHEREAS, a public hearing was duly and properly noticed for the Town Council meeting of December 3, 2024.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos that the Guidelines on State Replacement Housing Requirements, which are attached hereto as Exhibit A and hereby incorporated herein, are adopted and shall be used to implement the replacement housing requirements contained in the Housing Crisis Act of 2019 (Government Code Sections 66300.5 and 66300.6), State Density Bonus Law [Government Code Section 65915(c)(3)] and Housing Element Law [Government Code Section 65583.2(g)(3)] and to implement Housing Element Program AU; and
BE IT FURTHER RESOLVED, in the event of any inconsistency between any applicable state law replacement housing requirements and the Guidelines, state law shall control; and BE IT FURTHER RESOLVED, that the Community Development Director or designee is hereby authorized to amend the Guidelines as required to implement changes in state law; and ATTACHMENT 2 Page 369
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BE IT FURTHER RESOLVED, that this Resolution shall be effective upon the effective date of the Town’s replacement units ordinance.
PASSED AND ADOPTED at a meeting of the Town Council of the Town of Los Gatos, California, held on _______ day of _________ 2024, by the following vote:
TOWN COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 19.
1 Town of Los Gatos
Guidelines on State Replacement Housing Requirements
Table of Contents
I. Introduction..................................................................................................................................................................... 2 II. State Density Bonus Law................................................................................................................................................ 2 A. When do replacement housing requirements apply under Density Bonus Law? ................................................... 2 B. What types of units must be replaced?..................................................................................................................... 2 C. How does a jurisdiction determine whether a unit must be replaced?................................................................... 2 D. What are the requirements for the replacement units?.......................................................................................... 3 III. Housing Element Law.................................................................................................................................................... 6 A. What is the relevance of Housing Element law to replacement housing? .............................................................. 6 B. What are the replacement housing requirements for sites identified in a jurisdiction's Housing Element Sites Inventory?....................................................................................................................................................................... 7 IV. Housing Crisis Act of 2019 (SB 330).............................................................................................................................. 7 A. When do replacement housing requirements apply under SB 330? ....................................................................... 7 B. What types of units must be replaced?..................................................................................................................... 7 C. How does a jurisdiction determine whether a unit must be replaced?................................................................... 8 D. What are the requirements for the replacement units?.......................................................................................... 8 E. What are the rights of the current occupants of the SB 330 Protected Units?........................................................ 8 V. Additional Questions..................................................................................................................................................... 9 A. How do replacement housing requirements interact with other state laws? ........................................................ 9 B. Do replacement housing requirements apply to illegal or unpermitted units? ....................................................10 C. Where must the replacement housing be located?................................................................................................10 VI. Summary Checklist......................................................................................................................................................10
EXHIBT A
ITEM NO. 19.
2 I. Introduction
The Legislature has adopted three state laws – the Density Bonus Law, Housing Element Law, and the Housing Crisis Act of 2019 -- to ensure that new housing developments do not reduce the total number of existing dwellings and do not reduce the number of dwellings housing lower income persons. In most communities, a housing project must create at least as many housing units as will be demolished. Projects must also replace units rented by lower income households with units affordable to lower income tenants and, in most communities, must provide relocation and other benefits to lower income tenants who are displaced by the new construction.
Replacement housing requirements have applied to projects requesting a density bonus since 2015, and those requirements also apply to any site listed in a jurisdiction’s sixth cycle Housing Element. The Housing Crisis Act of 2019 and amendments effective January 1, 2022 and January 1, 2024 expanded that requirement to any housing development containing one or more units that proposed to demolish any existing units and most nonresidential developments.
The purpose of the replacement requirements is to prevent the loss of housing units and the displacement of lower income households. State law does not allow local agencies to approve housing unless the proposed development complies with the applicable replacement housing requirements described below.
II. State Density Bonus Law
A. When do replacement housing requirements apply under Density Bonus Law? State Density Bonus Law (Government Code Sections 65915 - 65918) is a mechanism by which housing developers may receive more favorable development requirements from local governments in exchange for a commitment to build or donate land for affordable housing or senior housing units. Density bonus is a state mandate, meaning any developer who meets the requirements of State Density Bonus Law is entitled to receive the density bonus and other benefits (including incentives, waivers and reductions of parking standards).
Where a density bonus project proposes to demolish existing housing, or where rental housing existed on the site in the past five years, the applicant must comply with the replacement housing requirements in State Density Bonus Law. (Government Code Section 65915(c)(3). A project is ineligible for a density bonus or "any other incentives or concessions" under State Density Bonus Law unless the applicant conforms with the replacement housing requirements.
These replacement housing requirements apply to any project requesting a density bonus regardless of the applicability of the Housing Crisis Act of 2019 (Government Code Sections 66300.5-66300.6).
Replacement housing requirements under State Density Bonus Law do not apply to density bonus projects that propose to develop projects where 100 percent of the units are affordable to lower income households (although these projects are subject to certain provisions of the Housing Crisis Act of 2019). They also do not apply to any density bonus applications that were submitted to or processed prior to January 1, 2015.
B. What types of units must be replaced?
State Density Bonus Law requires the replacement of certain units that either now exist or that existed on the site in the last five (5) years preceding submission of the development application.
These units are those that are, or have been at any time during the last five (5) years preceding submission of the development application:
1. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or
2. Subject to some form of rent or price control through a public entity's valid exercise of its police power; or
3. Occupied by lower or very low-income households.
These units are collectively referred to as "Density Bonus Protected Units" throughout these guidelines.
C. How does a jurisdiction determine whether a unit must be replaced? As required by State Density Bonus Law, Los Gatos requests the following information from applicants to determine compliance with replacement housing requirements. Below is a list of the information that Los Gatos requires from density bonus applicant:
ITEM NO. 19.
3 1. Restricted Affordable Lower Income Units: Indicate the number of units by bedroom size existing on the site in the past five years that were at any time subject to a recorded covenant, ordinance, or law that restricted rents or prices to be affordable to lower or very low-income households.
2. Units Subject to Rent Control or Price Control: Indicate the number of units by bedroom size on the site that in the past five years have been subject to rent control (through either state law, a local rent control ordinance, or an inclusionary (BMR) ordinance) or price control (through an inclusionary (BMR) ordinance).
3. Incomes of Existing Tenant Households: Provide documentation of the names, property address, and current incomes of any households now occupying units on the site, by bedroom size of units. If current incomes are unknown, please indicate.
4. If Any Units Are Still Occupied, Incomes of Households Formerly Occupying Vacant Units: For any vacant units, provide documentation of the income of the last household occupying the unit, by bedroom size. If that household's income is unknown, please indicate.
5. No Units Occupied; All Units Vacant or Demolished; Incomes of Former Tenants: If all units that existed on the site in the last five years are currently vacant or have been demolished, please indicate the maximum number of units, by bedroom size, that existed on the site in the past five years and the income of each household occupying a unit at the time when the maximum number of units existed on the site. If the income of those households is unknown, please indicate.
6. Number of Units to be Demolished. If any dwelling units exist on the site, indicate how many units will be demolished by the project.
D. What are the requirements for the replacement units? If the project proposes to demolish one (1) or more Density Bonus Protected Units, they must be "replaced" in accordance with the requirements below:
1. Occupied; Incomes Known: If the Density Bonus Protected Units are occupied at the time of submission of the density bonus application and the incomes of the households occupying the Density Bonus Protected Units are known, the proposed housing development must provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to and occupied by persons and families in the same or lower income category as those households in occupancy.
2. Occupied; Incomes Unknown: If the Density Bonus Protected Units are occupied at the time of submission of the density bonus application but the incomes of the households occupying the Density Bonus Protected Units are not known, very low and lower income tenants are (rebuttably) presumed to occupy the units in the same proportion as shown for renter households in the Department of Housing and Urban Development's (HUD) Comprehensive Housing Affordability Strategy (CHAS) database. The proposed housing development must provide units at affordable rent or affordable housing cost to be occupied by persons and families of very low and lower income in the same proportion as indicated by the CHAS data. All fractions must be rounded up. (Government Code Section 65915(c)(3)(B)(i)).
A developer may elect to replace a low-income unit with a very low-income unit. Also, the affordable replacement units shall be counted towards the affordable units provided for purposes of calculating inclusionary requirements and the density bonus as set forth in Town Code Sections 29.10.405. et seq.
EXAMPLE: A project proposes to demolish 20 existing units. The incomes of 10 tenant households are known. Five units are occupied by very low-income households and five units by higher income households.
For the 10 units where the household incomes are unknown, the CHAS data shows that 25 percent of the renter households in the city are very low-income, and 10 percent are low income. Ten percent of 10 units = 1 low-income unit; 25 percent of 10 units = 2.5 very low-income units, which must be rounded up to 3 units.
Therefore, the new project must include at least 8 very low-income units (5 known very low-income households and 3 assumed) and 1 low-income unit as replacement units. The developer could elect to add another very low-income unit in place of the low-income unit.
ITEM NO. 19.
4 Table 1: Calculating Replacement Units with CHAS Data
3. Demolished and/or Vacated; Incomes Known: For Density Bonus Protected Units that were demolished or vacated in the last five (5) years and the incomes of the last households in occupancy are known, the proposed housing development must provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household(s) in occupancy.
4. Demolished and/or Vacated; Incomes Unknown: For Density Bonus Protected Units that were demolished or vacated in the last five (5) years and the incomes of the last households in occupancy are not known, lower income tenants are presumed to have occupied the units in the same proportion as lower income households rent units in the jurisdiction as shown in the HUD's CHAS database. The proposed housing development must provide units at affordable rent or affordable housing cost to, and occupied by, persons and families of lower income in the same proportion as indicated by the CHAS data. All fractions must be rounded up.
Equivalent Size. Regardless of which of the above-mentioned categories the units fall into, the development must provide at least the same number of units of "equivalent size" as the units replaced to be offered at an affordable rent or affordable housing cost. "Equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
Example: One three-bedroom unit could be replaced by three one-bedroom units, or one two-bedroom unit and one one-bedroom unit. However, three one-bedroom units could not be replaced with one three-bedroom unit, because the number of units must at least equal the number of units that need to be replaced.
Example: In the scenario where a three-bedroom unit is replaced by three one-bedroom units, for instance, all three of the one-bedroom units would need to be offered at the appropriate levels of affordability.
Replacement Unit Type. The units may be of any type (apartments, accessory dwelling units, townhomes, condominiums, duplexes, etc.) and may be for sale or for rent.
Deed Restrictions Recorded. The affordable replacement units shall be subject to a recorded affordability restriction and the Town’s Below Market Price Program as set forth in Town Code Sections 29.10.3000 and following. Deed restrictions must be recorded restricting affordable replacement units, in accordance with the following:
a. Rental Replacement Units. Rental replacement units must be subject to a deed restriction limiting occupancy to lower income households at affordable rents for 55 years. Affordable rent must be calculated as required by Health & Safety Code Section 50053.
b. For-Sale Replacement Units. For-sale replacement units must be sold to lower income buyers at an affordable cost and be subject to an equity-sharing agreement requiring that any profits at sale be shared with the local agency, unless the local ordinance requires long-term affordability. Affordable housing costs must be calculated as required by Health & Safety Code Section 50052.5.
CHAS Percentage Calculation for Unknown
Incomes
Replacement Units by
Income
Very low-income =
25%
10 units x 25% = 2.5 3 units
Low-income = 10% 10 units x 10% = 1 1 unit
ITEM NO. 19.
5 Figure 1: Examples for Unit Replacement
ITEM NO. 19.
6 Figure 2: Examples for Affordability Replacement
III. Housing Element Law
A. What is the relevance of Housing Element law to replacement housing? Each jurisdiction's housing element must include an inventory of land suitable and available for residential development to meet the jurisdiction's regional housing need allocation (RHNA) by income level. Sites are suitable for residential development if they are zoned appropriately and available for residential use during the planning period. All of these sites, at all income levels, must be included in the housing element and on a site inventory form prescribed by the Department of Housing and Community Development (HCD).
Some of these sites may include existing housing or may have contained rental housing in the past five years. If a project is proposed on one of these sites, the project is subject to the replacement housing requirements contained in State
ITEM NO. 19.
7 Density Bonus Law.
B. What are the replacement housing requirements for sites identified in a jurisdiction's Housing Element Sites Inventory?
Pursuant to Housing Element Law (Government Code Section 65583.2(g)(3)), Los Gatos requires replacement of Density Bonus Protected Units consistent with the requirements set forth in State Density Bonus Law [Government Code Section 65915(c)(3)]. These replacement housing requirements apply to all sites listed in the housing element, at all income levels – not just sites designated for lower income housing – and apply regardless of the applicability of the Housing Crisis Act of 2019.
Whenever a housing project is proposed on a site listed in Housing Element, Los Gatos must determine if it contains existing rental housing or contained rental housing in the past five years. If so, Los Gatos may need to require replacement housing. Whenever a project is proposed on a site listed in the Housing Element, the applicant is required to provide the same information as described in Section II.C above. The replacement requirements are explained in detail in Section II of this Guide.
IV. Housing Crisis Act of 2019 (SB 330)
The Housing Crisis Act of 2019 (SB 330) expanded and amended several existing State statutes, including the Permit Streamlining Act and Housing Accountability Act, with the goal of increasing production of new housing units, protecting existing housing units, and providing for an expedited review and approval process for housing development projects.
Senate Bill 8 ("SB 8"), which was passed during the 2021 legislative session, made some key amendments to the Housing Crisis Act of 2019, including extending the provisions of SB 330 until January 1, 2030. Most recently, Assembly Bill 1218 (“AB 1218”), which was passed during the 2023 legislative session and went into effect on January 1, 2024, expanded the replacement housing requirements of the Housing Crisis Act of 2019 to nonresidential development projects, as further explained below. These requirements are contained in Government Code Sections 66300.5-66300.6.
A. When do replacement housing requirements apply under SB 330? Housing and Nonresidential Development. SB 330's replacement housing requirements, as amended by SB 8 and AB 1218, apply to both of the following:
a housing development project containing one (1) or more dwelling units and proposing to demolish existing (vacant or occupied) units, or a site where SB 330 Protected Units (defined below) were demolished in the previous five years.
a nonresidential development project proposing to demolish existing (vacant or occupied), or located on a site where SB 330 Protected Units were demolished in the previous five years, unless all of the following conditions apply:
o the project is an industrial use;
o the project site is entirely within a zone that does not allow residential uses; o the zoning applicable to the project site that does not allow residential uses was adopted prior to January 1, 2022; and
o the protected units that are or were on the project are or were nonconforming uses.
Application Submission Date. The replacement housing requirements apply only where the housing development project submits a complete application pursuant to Government Code Section 65943 on or after January 1, 2020.
Affected Town or County. Los Gatos is an "affected town” as determined and published by HCD. Therefore, the replacement housing requirements of the Housing Crisis Act of 2019 will apply to developments in Los Gatos.
B. What types of units must be replaced?
If the project is a housing development project, then the project must create at least as many dwelling units as will be
ITEM NO. 19.
8 demolished. In addition, all SB 330 Protected Units must be replaced in the project, similar to the requirements to replace Density Bonus Protected Units.
For a nonresidential development project, the project must replace only the SB 330 Protected Units, and they may be located on- or off-site.
SB 330 Protected Units are very similar to Density Bonus Protected Units, except that they also include those that have been withdrawn from rent or lease in accordance with the Ellis Act (Government Code Sections 7060, et seq.) within the ten (10) years preceding the submission of the application.
The other three categories of SB 330 Protected Units are identical to those identified as Density Bonus Protected Units.
These units are those that are, or have been at any time during the last five (5) years preceding submission of the development application, were:
1. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low-income; or
2. Subject to some form of rent or price control through a public entity's valid exercise of its police power; or
3. Occupied by lower or very low-income households.
These units are collectively referred to as "SB 330 Protected Units" throughout these guidelines.
C. How does a jurisdiction determine whether a unit must be replaced? For any development project, the same information should be requested as for a density bonus application, and described in Section II.C, with the following addition:
Units Withdrawn Pursuant to Ellis Act. Indicate the number of units by bedroom on the site that in the past ten years have been withdrawn from rent or lease pursuant to the Ellis Act.
D. What are the requirements for the replacement units? The requirements for replacing SB 330 Protected Units are identical to those for replacing Density Bonus Protected Units, as described in Section II.D above, with one exception for single unit projects:
Equivalent Size. Regardless of which of the above-mentioned categories the units fall into, the replacement units must be of "equivalent size" as the units replaced. "Equivalent size" is defined as containing at least the same total number of bedrooms as the units being replaced.
Exception: Single Unit Projects. Where the housing development project consists of a single residential unit on a site with a single SB 330 Protected Unit, the SB 330 Protected Unit may be replaced with a unit of any size at any income level.
E. What are the rights of the current occupants of the SB 330 Protected Units? Displaced residents - except unlawful occupants or occupants of a short-term rental that is rented for a period of fewer than 30 days - are entitled to relocation benefits and a right of first return under SB 330.
1. All Displaced Residents:
a. Occupancy Until Six Months Before the Start of Construction. All existing residents must be allowed to remain in their units until six months "before the start of construction activities." Los Gatos interprets the “start of construction activities” to mean the issuance of a permit for any type of construction on the site, including but not limited to demolition, grading, utility work, etc. b. Right to Return if Demolition Does Not Proceed. All existing occupants who are displaced must be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market.
2. Lower-Income Residents of SB 330 Protected Units:
a. State Relocation Benefits. The developer must provide state relocation benefits to lower-income occupants of any protected units. These include moving expenses, relocation assistance, and payment of
ITEM NO. 19.
9 the difference, if any, between affordable rent and rent for a "comparable" unit for up to forty-two (42) months.
b. Right of First Refusal for New Unit. The lower-income occupants of SB 330 Protected Units are also entitled to a right of first refusal for a "comparable" unit in the development at affordable rent or affordable housing cost, with the exceptions listed below. A “comparable” unit must have the same number of bedrooms, have the same number of total rooms (including both permitted and unpermitted rooms), and be the same size as the unit being vacated. i. Exception #1: This requirement does not apply where the development project consists of a single residential unit located on a site where a single SB 330 Protected Unit is being demolished.
ii. Exception #2: This requirement also does not apply to units a housing development in which 100 percent of the units, exclusive of a manager's unit or units, are reserved for lower-income households, except that a right of first refusal must be offered to any occupant of an SB 330 Protected Unit who qualifies for residence in the new development and for whom providing a comparable unit would not be precluded due to unit size limitations or other requirements of one or more funding source of the housing development.
Single-Family Comparable Unit. If one or more single-family homes that qualify as SB 330 Protected Units are being replaced in a development project that consists of two or more units, "comparable unit " means either of the following: (1) a unit containing the same number of bedrooms if the single-family home contains three of fewer bedrooms; or (2) a unit containing three bedrooms if the single-family home contains four or more bedrooms. A "comparable unit" in this instance is not required to have the same or similar square footage or the same number of total rooms.
V. Additional Questions
A. How do replacement housing requirements interact with other state laws? Replacement Units and Density Bonus. Replacement units may qualify a project for a density bonus. For instance, if fifteen (15) very low-income replacement units are required in a 100-unit project, the project would be eligible for a fifty percent (50%) density bonus and would not need to add any more affordable units. The affordable replacement units shall be counted towardsthe affordable units provided for purposes of calculating density bonus as set forth in Town Code Sections 29.10.405 et seq.
Replacement Units and SB 9. As outlined in Section IV above, the amendments to SB 330 extended the replacement housing provisions to housing development projects that propose to demolish one dwelling unit to construct one or more dwelling units. Any SB 9 project that proposes to demolish any units, or where SB 330 Protected Units were demolished in the past five years, or that is located on a site listed in the Housing Element, will be subject to the replacement housing requirements in SB 330.
SB 330, Density Bonus Law, and AB 1482. AB 1482, or the Tenant Protection Act of 2019, imposed rent caps statewide on many rental units. Units that are subject only to the rent caps in AB 1482 are considered "protected units" for the purposes of both State Density Bonus Law and SB 330. However, they do not need to be replaced unless they are also occupied by very low or low-income households or are subject to local rent control laws.
B. How do replacement housing requirements interact with relevant local laws? Replacement Units and Town’s Inclusionary Requirement. Replacement units must be considered in determining whether the project satisfies a locally adopted inclusionary requirement. As such, the affordable replacement units shall be counted towardsthe affordable units provided forpurposes of calculating inclusionary requirements as set forth in Town Code Sections 29.10.405 et seq. However, to count for both requirements, the affordable units must meet the requirements of both state law and the Town Code.
ITEM NO. 19.
10 C. Do replacement housing requirements apply to illegal or unpermitted units? Neither SB 330 nor State Density Bonus Law reference the status of the unit when defining "protected units." Rather, whether or not a unit is a "protected unit" that must be replaced is determined by the income of the tenants, any deed restrictions, rent/price control status, and Ellis Act status. Therefore, the replacement housing obligations appear to apply even where the units to be demolished are illegal or unpermitted units.
D. Where must the replacement housing be located?
The Housing Crisis Act and State Density Bonus Law require that a housing development project must contain the replacement units, regardless of whether the number of units conforms with the zoning. For a housing development project subject to SB 330, the replacement housing units cannot be provided in a separate housing development project.
For a nonresidential development project subject to SB 330, the required replacement housing may be located on a site other than the project site but must be located within the same jurisdiction. The project proponent may contract with another entity to develop the required replacement housing but must ensure that the required replacement housing is developed prior to or concurrently with the development project.
VI. Summary Checklist
The checklist below summarizes the suggested steps to take when determining the replacement housing obligations for any specific development project:
□ STEP 1: Determine whether the proposed housing development project is applying for a density bonus and/or was identified on the jurisdiction's Housing Element Sites Inventory and/or proposes to demolish existing units and/or whether units existed on the site in the last 10 years. o If yes, continue to Step 2.
o If no, stop here.
□ STEP 2: As part of the application for the housing development, require information about existing and former housing on the site as described in Sections II.C and IV.C. Consider retaining a relocation consultant if occupied housing exists on the site that will be demolished.
□ STEP 3: Based on the information gathered, determine whether there are or were any "protected units" on the site within the last five (5) years preceding the submission of the application for the housing development (or within the last ten (10) years if the Ellis Act was used). o If yes, continue to Step 4.
o If no, stop here.
□ STEP 4: Determine the number and affordability level of any required replacement housing units. □ STEP 5: Determine if the replacement units are sufficient to meet any local inclusionary (BMR) ordinance requirements.
o If the application is for a density bonus project, go to step 6. o If the application is for a project subject to SB 330, skip to step 7. o If both SB 330 and State Density Bonus Law are applicable, go to step 6 and then step 7. □ STEP 6: Determine whether the replacement units are adequate to qualify the project for the requested density bonus, or if more affordable units are required.
□ STEP 7: Determine the relocation rights of any existing occupants of the protected units.
ITEM NO. 19.
11 □ STEP 8: The affordable replacement units shall be subject to a recorded affordability restriction and appropriate conditions of approval.
ITEM NO. 19.
PREPARED BY: Jamie Field
Chief of Police
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Interim 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: 12/03/2024
ITEM NO: 20
DATE: November 20, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Los Gatos-Monte Sereno Police Department Organizational Assessment Report Completed by Meliora Public Safety Consulting RECOMMENDATION:
Staff recommends the Town Council
Receive the Los Gatos-Monte Sereno Police Department Organizational Assessment Report Completed by Meliora Public Safety Consulting (PSC).
BACKGROUND:
On January 16, 2024, the Police Department presented its bi-annual update and requested Council authorize the Town Manager to execute an agreement with Meliora PSC to conduct an organizational assessment and data analysis of the Police Department. This staff report provides an executive summary of the purpose, methodology, recommendations, and next steps.
The final comprehensive assessment (Attachment 1) assists in anticipating the evolving needs of the Department and its public safety functions prior to a space assessment being conducted to consolidate operations within the Police Operations Building (POB). This assessment considered both internal and external stakeholder feedback in addition to analysis of the workload that was captured in three years prior of computer aided dispatch detail (CAD). A future space assessment would identify the ideal types and amounts of space needed to support the organization, staffing, and programs within the POB.
ITEM NO. 20.
PAGE 2 OF 5
SUBJECT: Receive the Information Provided in the LGMSPD Organizational Assessment Report Completed by Meliora Public Safety Consulting
DATE: November 19, 2024
An organizational assessment can be highly beneficial for a smaller police department navigating challenges like community growth, unfunded mandates, new staff, ongoing hiring efforts in a high touch community and increases in fear of crime related to societal trends.
Some of the efforts that are called out in the assessment are centered around strategic resource alignment, operational efficiency, workforce development, community engagement, risk management, and increasing efficient communication and collaboration through facility consolidation. As a result of the comprehensive review of the Los Gatos-Monte Sereno Police Department’s (LGMSPD) organizational structure, processes, controls and practices; a total of five themes emerged:
Theme 1 - Organizational Structure / Restructure / Facility Theme 2 - Police Facility
Theme 3 - Roles and Responsibilities
Theme 4 - Risk Management and Liability
Theme 5 - Process Improvement
DISCUSSION:
Methodology
Meliora PSC collected data, reviewed policies, documents, and reports provided by the LGMSPD which were used to gauge the workload and operational efficacy of the police department. This not only involved collecting and reviewing information related to the Support Services and Operations Bureau functions, but additionally, there were department focus groups, internal stakeholder interviews, and a community focus group to gain insight and knowledge about the LGMSPD’s policing services to the community. The assessment ultimately is a contemporary method of objectively reviewing policing models and services, both internal and external, to garner insight into a roadmap to make a good agency better. Throughout the 322 page assessment the consultants highlight not just recommendations and justification, but rather notes areas for LGMSPD to be commended as well.
Recommendations may have various levels of implementation and involve funding and/or collective bargaining agreements that will take several months, and in many cases, years to implement. The 130 recommendations for an agency the size of LGMSPD is not indicative of an agency in need of significant corrective measures, but rather illustrates the depth and detail of the assessment process. The supportive metrics and charts are based on the CAD data that was provided and is only indicative of the information that was notated in CAD by staff, whereas not all daily operational efforts are historically captured. Therefore, the metrics from CAD is yet one of several evaluation tools being utilized throughout the assessment.
ITEM NO. 20.
PAGE 3 OF 5
SUBJECT: Receive the Information Provided in the LGMSPD Organizational Assessment Report Completed by Meliora Public Safety Consulting
DATE: November 19, 2024
Theme 1 – Organizational Structure / Restructure / Facility Creating an organizational structure suitable for a small-Town police department to deliver contemporary police services in a manner that is compassionate and personalized is a priority and is one of many separators between a contracted policing service model and a locally controlled policing service. In an evaluation of the current LGMSPD organizational structure, it was determined that recommendation for restructuring is not limited to a reorganization of the department, but the addition of personnel staffing for both sworn and professional staff.
Additionally, Meliora PSC outlined in Theme 1 that there is great need for a contemporary facility to house the entire Police Department instead of using two buildings that are miles apart adversely impacting communication, organizational efficiency, and practicality. Part of the related recommendations included a cost estimation and space assessment to be conducted to determine financial requirements for acquiring an appropriate physical space for operations.
Further is outlined in the following theme.
Theme 2 – Police Facility
In 2009 the Police Department was divided into two buildings, Headquarters and Police Operations Building. The quality of policing services in a smaller community partially comes from the Police Department being housed in one building, not miles apart. The current twobuilding model is not conducive to communication, organizational alignment, a unified team, or access for needs by the community which may require them currently to have to go between two buildings. A detailed space and function analysis will aid in the prioritizing, fiscal analysis, and pursuit of policing infrastructure that will meet the needs of the future of the LGMSPD.
Theme 3 – Roles and Responsibilities
This theme addresses the need to assess workload volume throughout the organization and effectiveness as over time roles have been consolidated due to retirements and absorbed workload and need to fulfill unfunded mandates and increasing collateral assignments. To alleviate further overlap within roles, a recommendation throughout various divisions and units included developing manuals to maintain the integrity and responsibilities within those roles and appropriate span of control. Other related recommendations were outlined to assist for maintaining appropriate scope and span of responsibility.
Theme 4 – Risk Management and Liability
Measuring and mitigating risks is key for risk management and in this assessment was primarily conducted through the data analysis that is shown in the many charts in the appendix of the report. Through the objective assessment the intent is to minimize liability and to maximize risk
ITEM NO. 20.
PAGE 4 OF 5
SUBJECT: Receive the Information Provided in the LGMSPD Organizational Assessment Report Completed by Meliora Public Safety Consulting
DATE: November 19, 2024
management. For consistency, auditing, and efficiency the report calls out the need for improved data systems or antiquated processes where common practice is to have an automated format. Some of these updated processes and audits pertain to Property and Evidence and have already been addressed. Other areas of recommendations call-out potential for improvement in assessment of training, internal or external investigative process and procedure, and an overall electronic personnel management system that is an extension to an already existing agreement that the Police Department currently has. Ultimately, many of these recommendations assist in establishing early detection and intervention programs that have controlled access thereby maintaining control, increasing the risk management, and liability prevention.
Theme 5 – Process Improvement
This theme is an area throughout the recommendations that addresses the need for updating the policies and procedures to better align with the specific practices and process that are applied within LGMSPD. LGMSPD utilizes Lexipol policies, like thousands of other public safety agencies and the majority of law enforcement throughout California. Meliora PSC recommended expanding the Lexipol agreement to incorporate a branch of the platform that could accommodated the majority of the automated functions being recommended in Theme 4 and 5. Additional process improvements were highlighted in regard to structured long-standing practices that in modern form are best spelled out within a Memorandum of Understanding (MOU) with allied partners. Finally, LGMSPD staff will be assessing CAD documentation and updating process for improved tracking and capturing of workload and case assignment or follow-up.
Assessment Recommendations and Next Steps
The Meliora PSC comprehensive assessment recommendations were discussed in depth by the LGMSPD Command Staff and the report in its entirety was made available to all Police Department staff. It remains important to note that the comprehensive assessment brought forward recommendations, not mandates, and therefore they may not require attention or adoption into the Police Departments work plan or priorities. The Police Department has categorized recommendations based on need, workload, staff availability and feasibility. The categories and the number of recommendation items in each are as follows:
Immediately address and completed – 11
Actively in progress – 24
Short term 3-6 months – 45
Long term 6 months or longer – 29
Items not assigned as priority – 21
Total = 130
ITEM NO. 20.
PAGE 5 OF 5
SUBJECT: Receive the Information Provided in the LGMSPD Organizational Assessment Report Completed by Meliora Public Safety Consulting
DATE: November 19, 2024
Some of the recommendations require action by Council as there are recommendations that will need Council direction, prioritizing, and sustainable revenue or fiscal resources. These items generally refer to additional recommended FTE’s and refurbishing existing buildings, or new infrastructure. Additionally, some recommendations may require Council awareness or approval related to potential future agreements or MOU’s on partnerships or technology.
CONCLUSION:
Each law enforcement agency has a culture and service delivery that represents the priorities and interests of the community. Both Los Gatos and Monte Sereno benefit from knowing their police and professional staff, having their voice heard on public safety matters, access to policing services and responsiveness from staff, and a level of community engagement from the entire Police Department that represents a modernized model of policing. This is accomplished through building trust, transparency and legitimacy through vested partnerships and relationships that are apparent in the LGMSPD localized policing model.
The Meliora PSC comprehensive assessment engaged the internal and external stakeholders and is being provided for the Council and public’s awareness to share in the concerted focus, support, and progressive roadmap that will continue to drive the future of LGMSPD.
FISCAL IMPACT:
The acceptance of this report has no fiscal implications.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENTS:
1. Los Gatos-Monte Sereno Police Department Organizational Assessment by Meliora PSC
ITEM NO. 20.
Los Gatos-Monte Sereno Police Department
Organizational Assessment
October 10, 2024
Assessment Completed By
www.MelioraPSC.com Page 387 ATTACHMENT 1
ITEM NO. 20.
2 www.MelioraPSC.com
Los Gatos-Monte Sereno Police Department
Organizational Assessment
TABLE OF CONTENTS
EXECUTIVE SUMMARY .............................................................................................................10 MELIORA PUBLIC SAFETY CONSULTING ASSSESSMENT TEAM .......................................................................10 Methodology ....................................................................................................................................10 Overview and Findings......................................................................................................................11 FIVE MAIN THEMES:.....................................................................................................................................12 Theme 1: Organizational Structure/Restructure/Facility...........................................................................12 Theme 2: Police Facility ...........................................................................................................................13 Theme 3: Roles and Responsibilities........................................................................................................14 Theme 4: Risk Management and Liability.................................................................................................14 Theme 5: Process Improvement..............................................................................................................15 SUMMARY RECOMMENDATIONS.............................................................................................16 LOS GATOS-MONTE SERENO POLICE DEPARTMENT RECOMMENDATIONS ...............................................16 PATROL DIVISION RECOMMENDATIONS ..................................................................................................16 PATROL ADMINISTRATIVE WORKLOAD RECOMMENDATION....................................................................16 WORKLOAD MITIGATION RECOMMENDATIONS ......................................................................................16 FTO RECOMMENDATIONS.......................................................................................................................17 TRAFFIC UNIT RECOMMENDATIONS........................................................................................................17 DETECTIVE UNIT RECOMMENDATIONS....................................................................................................17 CRIME ANALYSIS RECOMMENDATION.....................................................................................................18 SRO RECOMMENDATION.........................................................................................................................18 PROPERTY AND EVIDENCE RECOMMENDATIONS.....................................................................................18 SUPPORT SERVICES BUREAU RECOMMENDATION...................................................................................19 DISPATCH RECOMMENDATIONS..............................................................................................................19 RECORDS RECOMMENDATIONS...............................................................................................................19 PERSONNEL AND TRAINING RECOMMENDATIONS...................................................................................20 WORKER’S COMPENSATION RECOMMENDATION....................................................................................20 SPECIAL ASSIGNMENT AND PROMOTION RECOMMENDATIONS ..............................................................20 EMPLOYEE WELLNESS RECOMMENDATIONS ...........................................................................................20 INTERNAL AFFAIRS RECOMMENDATIONS ................................................................................................21 USE OF FORCE RECOMMENDATIONS.......................................................................................................21 TRAINING RECOMMENDATIONS..............................................................................................................21 EQUIPMENT RECOMMENDATIONS..........................................................................................................22 COMMUNITY OUTREACH RECOMMENDATIONS ......................................................................................22 FINANCE RECOMMENDATIONS ...............................................................................................................22 POLICY MANAGEMENT RECOMMENDATIONS..........................................................................................23 FLEET RECOMMENDATION......................................................................................................................23 FACILITIES RECOMMENDATION...............................................................................................................23 TECHNOLOGY RECOMMENDATION .........................................................................................................23 UNMANNED AERIAL SYSTEM TEAM RECOMMENDATIONS.......................................................................23 TOWN OF LOS GATOS...............................................................................................................24 Los Gatos Demographics...................................................................................................................24 CITY OF MONTE SERENO ..........................................................................................................24 Monte Sereno Demographics...........................................................................................................25 LOS GATOS-MONTE SERENO POLICE DEPARTMENT .................................................................25
ITEM NO. 20.
3 www.MelioraPSC.com
Los Gatos-Monte Sereno Police Department
Organizational Assessment
Department Staffing .........................................................................................................................26 TABLE 1: Los Gatos-Monte Sereno Police Department Staffing FY 2023-24...............................................28 CHART 1: Demographics Town of Los Gatos.............................................................................................29 CHART 2: Demographics City of Monte Sereno ........................................................................................29 CHART 3: Demographics Los Gatos-Monte Sereno Police Department .....................................................30 Mission and Core Values...................................................................................................................31 MISSION STATEMENT ..................................................................................................................................31 CORE VALUES ..............................................................................................................................................31 Organizational Structure and Responsibility.....................................................................................31 COLLATERAL DUTIES ....................................................................................................................................32 CHART 4: Current Organizational Chart....................................................................................................34 CHART 5: Proposed Organizational Chart.................................................................................................35 Strategic Plan....................................................................................................................................36 Crime Information ............................................................................................................................36 REPORTED CRIME ........................................................................................................................................36 TABLE 2: Los Gatos 10-Year Part 1 Reported Crimes, 2014-2023 ..............................................................37 TABLE 3: Monte Sereno 10-Year Part 1 Reported Crimes, 2014-2023 .......................................................38 TABLE 4: Indexed Crimes Rates for Town of Los Gatos, California, Nation, 2014-23 ..................................38 TABLE 5: Indexed Crimes Rates for City of Monte Sereno, California, Nation, 2014-23..............................39 CHART 6: 10-Year Part 1 Crime Trends, Town of Los Gatos, State and Nation 2014 – 2023 .......................39 CHART 7: 10-Year Part 1 Crime Trends, City of Monte Sereno, State and Nation 2014 – 2023...................40 CHART 8: 10-Year Crime Trends, Town of Los Gatos, 2014-2023 ..............................................................41 CHART 9: 10-Year Crime Trends City of Monte Sereno, 2014-2023...........................................................42 TABLE 6: Crimes Rate Comparisons with Town of Los Gatos/City of Monte Sereno and Other Local Agencies, 2022........................................................................................................................................43 LOS GATOS-MONTE SERENO POLICE DEPARTMENT RECOMMENDATIONS ...............................................43 OPERATIONS BUREAU ..............................................................................................................44 PATROL DIVISION .....................................................................................................................45 PATROL FACILITY..........................................................................................................................................46 STAFFING.....................................................................................................................................................47 TABLE 7: Patrol Division Staffing FY 2022-23 ............................................................................................47 WORK SCHEDULE AND SHIFTS......................................................................................................................47 MINIMUM STAFFING ...................................................................................................................................49 PATROL OVERTIME ......................................................................................................................................50 TABLE 8: Patrol Overtime Budget and Expenditures.................................................................................51 Employee Impact of Patrol Overtime.......................................................................................................51 PATROL SUPERVISION AND MANAGEMENT..................................................................................................52 Corporals Working as Shift Supervisors....................................................................................................53 BRIEFING TRAINING.....................................................................................................................................54 SUPERVISOR COLLATERAL DUTIES................................................................................................................55 PATROL AREAS AND BEATS ..........................................................................................................................56 CHART 10: Los Gatos-Monte Sereno Police Department Jurisdictional Map .............................................57 CHART 11: Los Gatos-Monte Sereno Police Department Beat 1................................................................58 CHART 12: Los Gatos-Monte Sereno Police Department Beat 2................................................................59 CHART 13: Los Gatos-Monte Sereno Police Department Beat 3................................................................59 NEIGHBORING JURISDICTIONS AND PARTNERSHIPS .....................................................................................60 PATROL DIVISION RECOMMENDATIONS ..................................................................................................61 Call for Service Data Analysis............................................................................................................61
ITEM NO. 20.
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Organizational Assessment
WORKLOAD.................................................................................................................................................62 TABLE 9: Community-Initiated and Field-Initiated Category Records, by Year...........................................62 TABLE 10: Community-Initiated Recorded Events, by Category, by Year w % Change................................63 TABLE 11: Field-Initiated Recorded Events, by Category, by Year with % Change......................................64 CHART 14: Record Category Summary for Community-Initiated Calls, 2021-2022.....................................65 CHART 15: Record Category Summary for Community-Initiated Calls, 2023..............................................66 CHART 16: Record Category Summary for Field-Initiated Calls, 2021-2022 ...............................................67 CHART 17: Record Category Summary for Field-Initiated Calls, 2023 ........................................................68 TABLE 12: Extra Patrol Events, by Source, by Year....................................................................................70 TABLE 13: Events, by Event Month and Initiator, by Year .........................................................................71 TABLE 14: Recorded Events, by Season and Initiator, by Year...................................................................71 TABLE 15: Recorded Events, by Day of Week and Initiator, by Year ..........................................................72 PATROL ADMINISTRATIVE WORKLOAD.........................................................................................................72 TABLE 16: Administrative Activity Sample................................................................................................73 PATROL ADMINISTRATIVE WORKLOAD RECOMMENDATION....................................................................73 CALLS / EVENT ASSIGNMENTS......................................................................................................................74 TABLE 17: Number of Assigned Units per call, by Year..............................................................................75 TABLE 18: Average Unique Assigned Units, by Call Source, and Year - With Averages...............................75 CHART 18: Community-Initiated Records by Hour, by Year.......................................................................77 CHART 19: Field-Initiated Records by Hour, by Year - with Averages.........................................................78 RESPONSE TIMES.........................................................................................................................................79 TABLE 19: Response Time Record Status and Average Minute, by Record Priority, by Year.......................80 CHART 20: Response Time Record Status and Average Minute, by Record Priority, by Year......................81 TABLE 20: Response Time Record Status and Average Minute, by Record Category, by Year ....................82 TABLE 21: Response Time Record Status and Average Minute, by Day of Week, by Year ..........................83 TABLE 22: Community-Initiated Primary Unit Total Event Duration (Transformed), by Hour, by Year, by Priority....................................................................................................................................................83 CHART 21: Community-Initiated Primary Unit Total Event Duration (Transformed), by Hour, by Year, by Priority....................................................................................................................................................84 Staffing Analysis ...............................................................................................................................85 RULE OF 60 – PART 1....................................................................................................................................86 RULE OF 60 – PART 2....................................................................................................................................86 CHART 22: Average Total Event Duration (Transformed) for Community-Initiated and Field-Initiated Records, 2021-2023.................................................................................................................................87 CHART 23: Average Total Event Duration (Transformed) for Community-Initiated and Field-Initiated Records, 2021-2023, including Patrol Sergeants.......................................................................................88 TABLE 23: Total Records by Hour for Call Sources, by Year.......................................................................89 CHART 24: Community-Initiated Records by Hour, by Year.......................................................................90 CHART 25: Field-Initiated Records by Hour, by Year - with Averages.........................................................91 TABLE 24: Total Event Duration ...............................................................................................................92 TABLE 25: Community–Initiated CAD Unit Total Event Duration (Transformed), by Hour, by Year.............93 TABLE 26: Field–Initiated Total Event Duration (Transformed), by Hour, by Year......................................94 RULE OF 60 – PART 3....................................................................................................................................94 WORKLOAD MITIGATION.............................................................................................................................95 WORKLOAD MITIGATION RECOMMENDATIONS ......................................................................................96 Field Training Program......................................................................................................................96 FIELD TRAINING OFFICER SELECTION............................................................................................................98 SUPERVISION...............................................................................................................................................99 FTP OUTCOMES .........................................................................................................................................100 TABLE 27: FTO Program Results, 2019-2023...........................................................................................100 FTP MANUAL .............................................................................................................................................100
ITEM NO. 20.
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FTO RECOMMENDATIONS.....................................................................................................................100 Traffic Unit......................................................................................................................................101 STAFFING, SCHEDULE AND SUPERVISION...................................................................................................101 TABLE 28: Traffic Unit Staffing, FY 2023-24 ............................................................................................101 TRAFFIC ENFORCEMENT AND THE THREE E’S..............................................................................................102 TRAFFIC DATA AND MANAGEMENT ...........................................................................................................102 CHART 26: Community-Initiated and Field-Initiated Traffic Records, by Year..........................................104 CHART 27: Community-Initiated Traffic Records, by Hour, by Year.........................................................105 CHART 28: Field-Initiated Traffic Records, by Hour, by Year....................................................................106 TABLE 29: Intersections with at least 5 Collisions in One Year, 2021-2023 ..............................................107 TABLE 30: Total Collisions, 2021-2023....................................................................................................107 TABLE 31: Driving Under the Influence Collisions, 2021-2023.................................................................107 TABLE 32: Hit and Run Collisions, 2021-2023 .........................................................................................107 TABLE 33: Citations Issued by LGMSPD Officers, 2021-2023...................................................................108 TRAFFIC TRAINING.....................................................................................................................................108 TRAFFIC COMPLAINTS................................................................................................................................109 TRAFFIC UNIT RECOMMENDATIONS......................................................................................................109 PARKING ENFORCEMENT ...........................................................................................................................110 EQUIPMENT...............................................................................................................................................110 INVESTIGATIONS DIVISION.....................................................................................................110 STAFFING...................................................................................................................................................110 TABLE 34: Investigations Division Staffing, FY 2023-24 ...........................................................................111 SELECTION.................................................................................................................................................111 SCHEDULE..................................................................................................................................................111 LOCATION..................................................................................................................................................114 DUTIES AND RESPONSIBILITIES...................................................................................................................115 TRAINING ..................................................................................................................................................116 CASE MANAGEMENT .................................................................................................................................117 TABLE 35: Detective Case Status Sample, 2021-2023 .............................................................................118 TABLE 36: LGMSPD Filings Sample for Detectives, Patrol, Traffic, 2021 - 2023 ........................................119 TABLE 37: Case Status Changes Sample, 2022 - 2023 .............................................................................119 Crime Scene Investigation...............................................................................................................119 MISSING PERSONS INVESTIGATIONS ..........................................................................................................120 ELDER AND CHILD ABUSE INVESTIGATIONS................................................................................................120 NARCOTIC INVESTIGATIONS.......................................................................................................................121 VICTIM ADVOCACY ....................................................................................................................................121 DETECTIVE UNIT RECOMMENDATIONS..................................................................................................122 Crime Analysis ................................................................................................................................122 CRIME ANALYSIS RECOMMENDATION...................................................................................................124 School Resource Officer..................................................................................................................124 SRO SCHEDULE ..........................................................................................................................................124 SRO DUTIES AND RESPONSIBILITIES............................................................................................................124 SRO SELECTION AND TRAINING..................................................................................................................125 SRO RECOMMENDATION.......................................................................................................................125 Property and Evidence Unit............................................................................................................125 STAFFING...................................................................................................................................................126 LOCATION/SECURITY .................................................................................................................................127 POB PROPERTY AND EVIDENCE ROOM.......................................................................................................127 PROPERTY AND EVIDENCE STORAGE WAREHOUSE.....................................................................................130
ITEM NO. 20.
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STORAGE LOCKERS.....................................................................................................................................132 DIGITAL PROPERTY MANAGEMENT............................................................................................................132 INTAKE AND PROCESSING..........................................................................................................................132 DUTIES AND RESPONSIBILITIES...................................................................................................................132 TABLE 38: Property and Evidence Workload, 2020-2023 ........................................................................133 AUDITS AND INVENTORIES.........................................................................................................................134 PROPERTY AND EVIDENCE RECOMMENDATIONS...................................................................................135 SUPPORT SERVICES BUREAU ..................................................................................................136 SUPPORT SERVICES BUREAU RECOMMENDATION.................................................................................137 COMMUNICATIONS DIVISION ................................................................................................137 DISPATCH STAFFING ..................................................................................................................................137 TABLE 39: Communications Division Staffing, July 2024 .........................................................................137 TABLE 40: Dispatch Schedule, July 2024.................................................................................................138 WORKLOAD DEMAND/CALL VOLUME ........................................................................................................138 TABLE 41: Telephone Call Load, 2020–2023...........................................................................................139 TABLE 42: Average Hourly Telephone Call Load, 2023............................................................................140 TEXT TO 9-1-1............................................................................................................................................140 TABLE 43: Text to 9-1-1 Messages Received, 2021-2023 ........................................................................141 EMERGENCY CALL TRACKING SYSTEM........................................................................................................141 CHART 29: Recommended Dispatch Staffing Forecast............................................................................142 ADEQUATE STAFFING LEVELS.....................................................................................................................143 QUALITY CONTROL AUDITS ........................................................................................................................144 ANCILLARY WORKLOAD DEMANDS ............................................................................................................144 COMPUTER-AIDED DISPATCH.....................................................................................................................145 CALL PROCESSING/CALL TYPES...................................................................................................................145 HIGH PRIORITY/AVERAGE RESPONSE TIMES...............................................................................................145 TABLE 44: Response Time Record Status and Average Minute, by Record Priority, by Year.....................147 CHART 30: Response Time Record Status and Average Minute, by Record Priority, by Year....................147 POLICIES ....................................................................................................................................................148 TRAINING ..................................................................................................................................................148 DISPATCH RECOMMENDATIONS............................................................................................................148 RECORDS DIVISION.................................................................................................................149 RECORDS STAFFING ...................................................................................................................................149 TABLE 45: Records Division Staffing, July 2024.......................................................................................149 WORKLOAD DEMAND................................................................................................................................150 TABLE 46: Records Workload, 2021-2023 ..............................................................................................151 ONLINE REPORTING...................................................................................................................................151 TABLE 47: COPLOGIC ONLINE REPORTING STATISTICS, 1/1/19-06/25/2024 ...........................................153 TABLE 48: COPLOGIC Estimated Time and Cost Savings, 1/1/19-06/25/2024 .........................................154 PUBLIC RECORDS ACT REQUESTS/DISCOVERY REQUESTS............................................................................155 Documenting PRA Requests and Release Information............................................................................155 TABLE 49: PRA & DISCOVERY ACTIVITY, 2021-2023 ................................................................................156 TRAINING ..................................................................................................................................................156 RECORDS POLICIES.....................................................................................................................................156 RECORDS RETENTION.................................................................................................................................157 RECORDS MANAGEMENT SYSTEM..............................................................................................................157 Report Review.......................................................................................................................................157 Reporting Issue .....................................................................................................................................158 FBI UCR/NIBRS CRIME REPORTING.............................................................................................................158 COMPLIANCE AUDITS.................................................................................................................................159 2022 Criminal Justice Information System(CJIS)/National Crime Information (NCIC)...............................159
ITEM NO. 20.
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California Law Enforcement Telecommunications System (CLETS)..........................................................160 CORI/III Audit........................................................................................................................................160 PAYMENT OPTIONS....................................................................................................................................160 RECORDS RECOMMENDATIONS.............................................................................................................161 ADMINISTRATIVE SERVICES DIVISION ....................................................................................162 TABLE 50: Administrative Services Division Staffing, July 2024 ...............................................................162 Personnel & Training Unit...............................................................................................................162 RECRUITING AND HIRING...........................................................................................................................162 TABLE 51: Los Gatos-Monte Sereno Police Department Applications, 2020-2023 ...................................164 TABLE 52: Los Gatos-Monte Sereno Police Department Recently Hired, 2021-2024 YTD.........................164 PRE-EMPLOYMENT INVESTIGATIONS .........................................................................................................165 RE-INTEGRATION PROGRAM......................................................................................................................165 RETENTION................................................................................................................................................166 PERFORMANCE EVALUATIONS...................................................................................................................166 PERSONNEL AND TRAINING RECOMMENDATIONS.................................................................................168 Worker’s Compensation .................................................................................................................169 TABLE 53: Worker’s Compensation Claim Data, 2022-2023....................................................................170 WORKER’S COMPENSATION RECOMMENDATION..................................................................................170 Specialty Assignments and Promotions..........................................................................................170 STRATEGIC FORESIGHT...............................................................................................................................172 SPECIAL ASSIGNMENT AND PROMOTION RECOMMENDATIONS ............................................................173 Employee Wellness.........................................................................................................................173 PEER SUPPORT...........................................................................................................................................174 EMPLOYEE ASSISTANCE PROGRAM ............................................................................................................175 CHAPLAIN PROGRAM.................................................................................................................................175 ASSISTIVE THERAPY CANINE.......................................................................................................................175 EARLY INTERVENTION PROGRAM...............................................................................................................177 TABLE 54: Sample Early Intervention Program Thresholds......................................................................177 EMPLOYEE WELLNESS RECOMMENDATIONS .........................................................................................178 Internal Affairs................................................................................................................................178 PERSONNEL COMPLAINTS..........................................................................................................................178 PERSONNEL INVESTIGATIVE PROCESS ........................................................................................................179 DISCIPLINE.................................................................................................................................................182 COMPLAINT INFORMATION AND DATA......................................................................................................183 TABLE 55: Community Complaints, 2021-2024.......................................................................................184 TABLE 56: CA DOJ Annual Report of Civilian Complaints, 2021-2023.......................................................184 TABLE 57: Internal Complaints, 2021-2024 ............................................................................................185 INTERNAL AFFAIRS RECOMMENDATIONS ..............................................................................................186 Use of Force....................................................................................................................................186 USE OF FORCE POLICIES .............................................................................................................................186 USE OF FORCE REVIEW ..............................................................................................................................187 USE OF FORCE DATA AND STATISTICS.........................................................................................................189 TABLE 58: Use of Force, 2020 – 2023 .....................................................................................................189 USE OF FORCE RECOMMENDATIONS.....................................................................................................189 Training...........................................................................................................................................189 TRAINING PLAN .........................................................................................................................................190 TRAINING RECORDS / POST........................................................................................................................192 POLICE ACADEMY ......................................................................................................................................193
ITEM NO. 20.
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SERGEANT / SUPERVISOR TRAINING...........................................................................................................194 RANGE / WEAPON TRAINING .....................................................................................................................195 LESS LETHAL TRAINING ..............................................................................................................................196 TRAINING RECOMMENDATIONS............................................................................................................196 Equipment Management................................................................................................................197 FIRST AID KITS AND ANTI-BALLISTIC VESTS .................................................................................................197 WEAPONS..................................................................................................................................................197 EQUIPMENT RECOMMENDATIONS........................................................................................................198 Community Outreach .....................................................................................................................198 ALARM CALLS ............................................................................................................................................199 COMMUNITY PROGRAMS ..........................................................................................................................200 Volunteer Programs..............................................................................................................................201 NEIGHBORHOOD WATCH...........................................................................................................................201 NATIONAL NIGHT OUT ...............................................................................................................................201 COMMUNITY POLICE ACADEMY.................................................................................................................202 VOLUNTEERS IN POLICING .........................................................................................................................203 POLICE EXPLORERS ....................................................................................................................................203 COMMUNITY SERVICE OFFICER/COLLEGE INTERNS.....................................................................................204 POLICE CHAPLAINS.....................................................................................................................................204 COMMUNITY EMERGENCY RESPONSE TEAMS ............................................................................................205 DISASTER AID RESPONSE TEAM..................................................................................................................205 VOLUNTEER PROGRAM..............................................................................................................................206 RECRUITMENT AND APPLICATION PROCESS...........................................................................................206 TRAINING..............................................................................................................................................207 COMMUNITY OUTREACH RECOMMENDATIONS ....................................................................................207 Finance ...........................................................................................................................................207 OVERTIME .................................................................................................................................................208 TABLE 59: General Fund Personnel Services Overtime Expenditures, FY 2019-23....................................208 FISCAL IMPACT ..........................................................................................................................................208 BUDGET PLANNING....................................................................................................................................209 PAYROLL....................................................................................................................................................210 ACCOUNTS PAYABLE..................................................................................................................................210 CONTRACTS AND GRANTS..........................................................................................................................210 FINANCE RECOMMENDATIONS .............................................................................................................211 Policy Management........................................................................................................................211 DIVISION / SECTION / UNIT MANUALS........................................................................................................213 POLICY MANAGEMENT RECOMMENDATIONS........................................................................................213 Fleet................................................................................................................................................214 VEHICLE REPLACEMENT .............................................................................................................................215 FLEET POLICIES ..........................................................................................................................................215 COLLISIONS/DAMAGE................................................................................................................................215 VEHICLE REPLACEMENT .............................................................................................................................216 FLEET RECOMMENDATION....................................................................................................................216 Facilities..........................................................................................................................................216 COST AND FUNDING SOURCES...................................................................................................................218 FACILITIES RECOMMENDATION.............................................................................................................219 Technology .....................................................................................................................................219 TECHNOLOGY RECOMMENDATION .......................................................................................................220
ITEM NO. 20.
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Organizational Assessment
Unmanned Aerial System Team......................................................................................................220 STAFFING...................................................................................................................................................222 TRAINING ..................................................................................................................................................222 UNMANNED AERIAL SYSTEM TEAM RECOMMENDATIONS.....................................................................222 APPENDICES: DATA ANALYSIS REPORTS.................................................................................223 Data Cleaning and Processing Steps.......................................................................................226 Workload................................................................................................................................228 Assigned Units........................................................................................................................241 Primary Unit Response Times and On-Scene Time .................................................................264 Traffic Accidents.....................................................................................................................277 Extra Patrol Events.................................................................................................................282 Monte Sereno Supplemental Report ......................................................................................290 Assigned Units........................................................................................................................297 Primary Unit Response Times and On-Scene Time .................................................................304 Traffic Accidents.....................................................................................................................316 Extra Patrol Events.................................................................................................................321
ITEM NO. 20.
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Organizational Assessment
EXECUTIVE SUMMARY
MELIORA PUBLIC SAFETY CONSULTING ASSSESSMENT TEAM
Jackie Gomez-Whiteley, Principal and Founder / Project Manager David Makin, PhD, Data Scientist
Eve Berg, Senior Associate
Jarrod Burguan, Senior Associate
Pete Dunbar, Senior Associate
Methodology
Meliora Public Safety Consulting, LLC (Meliora PSC) was commissioned by Chief Jamie Field to conduct a comprehensive organizational assessment of the Los Gatos-Monte Sereno Police Department (LGMSPD). In today’s ever-changing public safety environment, police leaders must be adept at leading the organization through change, partnering with the community to include those with varying perspectives, collaborating with intra-department Town leaders, addressing opportunities for development, bringing contemporary training and improvement, and being ever-present and willing to adapt to societal issues impacting the industry.
Contemporary police and sheriff agencies across the country are seeking external reviews of their organizations to gain an objective review and insight on how to make good agencies better. This study was designed to evaluate several aspects of the department including but not limited to the department’s organizational structure; staffing levels; supervisory staffing levels; policies and procedures; and operational processes and procedures.
As a result of the in-depth assessment of the Los Gatos-Monte Sereno Police Department, Meliora PSC found members of the department to be professional and dedicated to their mission of serving the Towns of Los Gatos and Monte Sereno. Meliora PSC conducted a comprehensive staffing study based a three-year data analysis of computer-aided dispatch (CAD) information examining workload, deployment, workload by hour, and response time. We also examined staffing in other areas of the police department compared to the workload and responsibilities of these key functions. Meliora PSC’s team used different methods to gather information about the department from which to examine, assess and formulate recommendations. Meliora PSC collected data, reviewed policies, documents and reports provided by the LGMSPD which were used to gauge the workload and operational efficacy of the police department. In addition to collecting and reviewing information related to the agency’s operational and support services functions, we met with personnel at all levels of the department to gain insight and knowledge about their ability to provide service to the community.
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Organizational Assessment
We also conducted a community meeting to learn how services were being received by town members and gain insight on areas of concern or interest. Communities want public safety agencies that are transparent, committed to continual growth, and aligned with best practices.
Meliora PSC is pleased to be part of meeting this expectation for the Town of Los Gatos/City of Monte Sereno.
The report that follows will highlight areas that demonstrate the department’s positive momentum and opportunities for continued success and improvement. The recommendations will assist LGMSPD in becoming more aligned with best practices in 21st Century Policing as they relate to the Los Gatos-Monte Sereno community’s policing needs and expectations. It is not unusual to have over 100 recommendations with an agency of this size. This is not indicative of an agency in need of significant corrective measures, but rather illustrates the depth and detail of the assessment process.
Recommendations may have various levels of implementation and involve funding and/or collective bargaining agreements that will take several months, and in many cases, years to implement. Other recommendations may take more planning and require multiple phases to complete, such as the police facility. In some cases, recommendations can be most readily implemented or achieved.
Next, is an overview and findings which includes key highlights that identify five themes and prominent issues the police department is experiencing. Following the executive summary is a complete list of summary recommendations.
Overview and Findings
The assessment and feedback derived from the independent review of internal documents and data, department focus groups, internal stakeholder interviews, and community focus groups was examined alongside best practices and opportunities for improvement. We also identified a more advantageous structure for providing effective management of department operations.
Overall, Meliora PSC found members of the LGMSPD committed to their public safety mission and to continuous improvement and learning. LGMSPD’s operations and business practices demonstrate positive momentum and opportunities for continued success and improvement.
Department members were openly agreeable to the assessment, its process, and our objective insight. Further, LGMSPD’s executive staff embraced the idea that the assessment would assist them in taking measured steps to improve the organizational structure, operating strategies, and approach to both internal and external customer service.
As a result of a comprehensive review of the LGMSPD’s organizational structure, processes, controls and practices, a total of five themes emerged: Organizational Structure/Restructure, Roles and Responsibilities, Risk Management and Liability, Process Improvement, Police Facility were identified resulting in the following findings and recommendations. Most importantly, if
ITEM NO. 20.
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adopted in its entirety, this comprehensive approach is a strategy that connects every staff member, unit, section, and ultimately the entire police department to the Town of Los Gatos/City of Monte Sereno’s legacy of delivering high quality service to the community.
FIVE MAIN THEMES:
Theme 1: Organizational Structure/Restructure/Facility
Having an organizational structure that aligns with the department’s and Town’s goals and objectives is critical. LGMSPD would benefit from realigning and restructuring the police department to enhance efficiencies and internal organization as well as allow staff, units, and functions to focus on their specific goals. The LGMSPD has a functional organizational structure and there is an opportunity to further align roles and responsibilities.
LGMSPD should re-examine the department’s main functions as well as its organizational structure and ensure that department-wide operations, documents and policy are in alignment.
Creating an organizational structure suitable for a small Town police department to deliver contemporary police services is a priority.
With a slight adjustment to the current organizational structure, LGMSPD would better represent department-wide operations and more clearly identify the department’s main functions. Restructuring is not limited to a reorganization of the department but the addition of personnel staffing. For example:
§ Add one full-time lieutenant to the Operations Bureau – Patrol Division to handle the administrative duties to allow patrol sergeants to focus on field supervision and the corporals to consistently train new officers, rather than work as supervisors. § Consideration should be given to adding one full-time professional staff administrator in the future to manage the Support Services Bureau outlined in the new proposed organizational structure.
§ Add one full-time dispatcher – according to the LGMSPD Emergency Call Tracking System (ECaTS) report, the recommended staffing level is two dispatchers for the dispatch center between the hours of 7:00 a.m. and 10:00 p.m. With the pending adjustment to an updated 3/12 schedule in dispatch where the fourth workday every other week (payback day) is eight hours, the built-in overtime in the current schedule will be mitigated and the eighth full-time dispatcher will allow the Dispatch Lead to focus on managing the dispatch center and developing staff. § Reassign the Traffic Sergeant from Support Services Bureau to the Operations Bureau – Patrol Division to provide the traffic officer and function alignment. § Community Relations Coordinator: re-assign traffic-related collateral duties to the Traffic Sergeant.
§ Add one full-time Administrative Technician to the Investigations Division to handle the crime analysis, assist with investigations and handle the front counter of the Police Operations Building.
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Organizational Assessment
The restructure would continue to have a chain of command structure where the Chief leads the organization, sections are guided by the Captains and managed by a proposed lieutenant and/or professional staff administrator (for future consideration), and units comprised of line level staff are supervised by a sergeant or professional staff supervisor. This new structure would also better serve the Town and its community by aiding in strategic foresight.
LGMSPD is a smaller organization compared to others, but size does not have to be a differentiator. The Town has invested considerable resources in hiring staff for the LGMSPD and has an ongoing opportunity to acknowledge and unlock the potential in these individuals. Doing so will help the Town retain its investment, provide depth when staff need to assume additional roles and responsibilities, and maintain a solid foundation for in-house promotional candidates to be successful. LGMSPD benefits from its human capital when they leverage and invest in them.
Additionally, LGMSPD needs a contemporary facility to house the department instead of using two buildings that are miles apart adversely impacting communication, organizational efficiency and practicality. Investing in one facility for the LGMSPD is essential to ensure they have the resources and infrastructure necessary to fulfill their mission effectively. A detailed cost estimation should be conducted to determine the financial requirements for acquiring a new police department. Examples of what one facility would provide are:
§ Adequate space for current and future staffing, equipment, parking for staff and visitors, and other essential needs of the organization.
§ Updated infrastructure to support the integration of technology. § Ensure compliance with ADA standards.
§ Provide interview rooms and temporary holding cells with appropriate security to include audio/visual monitoring.
§ Ensure proper building security.
§ Enhance overall internal organizational communication, training and guidance as well as timely IT and other support.
§ Ability to designate community engagement spaces to host public meetings, neighborhood watch programs and community academies, and foster positive relationships with the community.
§ Implement sustainable design concepts to improve energy efficiency, renewable energy, and water conservation measures to minimize the environmental impact to the facility ultimately reducing long-term operational costs.
Theme 2: Police Facility
It is vital for the quality of public service to house the police department in one building. The current two-building model is not conducive to communication, organizational alignment, a unified team, especially with the majority of sworn personnel being at one location and professional staff being at another. The unintended consequence can create the perception that one group is more important than another, something we have seen throughout the
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Organizational Assessment
industry in other assessments. A detailed space and function analysis will be important as the Town pursues an appropriate building to house police services.
After a comprehensive review and evaluation of this report, LGMSPD is encouraged to prioritize and consolidate, where possible, recommendations considering Town and police department objectives, resources, and timing based on their impact, risk predominance, and ease of completion. It would also best serve LGMSPD to develop a mechanism to illustrate goals and objectives, identify timelines, link funding and/or personnel resources, and track progress, challenges, or adjustments for completion of recommendations. Importantly, unnecessary complexity should be avoided whenever possible, yet a detail-oriented plan should be employed where appropriate. A one-dimensional method to rating risk on a basic scale will ensure agility and desired outcomes are achieved.
The overview and findings from this organizational assessment can assist LGMSPD in embarking on a sustainable police operation, ability to make data-driven decisions, and enable them to continue to provide a high level of community/customer-minded service.
Theme 3: Roles and Responsibilities
The roles and responsibilities should be reviewed to assess workload volume and effectiveness.
Examples of areas to be reviewed:
§ The span of responsibility for the Community Outreach Coordinator who has multiple duties and responsibilities in both bureaus.
§ The Lead Dispatcher is working as a dispatcher to cover staffing shortages rather than handling the critical role of a supervisor. As a result, important risk management tasks such as quality control audits. The pending new schedule along with adding one fulltime dispatcher will allow the Lead Supervisor to focus on managing the dispatch center and focus on staff development.
§ Reorganization of the department would also aid in providing more clarity and continuity in the organizational structure to include personnel roles and responsibilities. § Develop division, section, unit manuals for each area of the department.
Theme 4: Risk Management and Liability
Risk management is the systematic process of detecting, measuring and mitigating risks or uncertainties that may affect an organization. Developing strategies and putting practices or plans in place help to minimize liability and maximize risk management effectiveness is key.
Contemporary agencies use data management systems to provide routine management reports on a monthly, quarterly, and annual basis. The Data Management Toolkit included in the Appendix is one of those data management systems. It is also important to have an integrated data system that incorporates policies, training, and risk management areas. LGMSPD is working towards risk management practices; there are areas where they could implement and increase risk management and liability prevention. For example:
ITEM NO. 20.
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Organizational Assessment
§ Continue the concerted efforts to address the Property and Evidence Unit, to include ongoing audits, creating a manual, and following industry standards. § Expand LGMSPD’s training plan and include a summary of its training philosophy, more detail relative to purpose and objectives of training, and key performance indicators. o Establish a training calendar; it is an effective way to ensure federal, state, regional and local training requirements are met. This is a critical risk management tool.
o Implement a formal supervisory training program for both sworn sergeants/lieutenants and professional staff supervisors/administrators. o Include critical risk management classes in the manager/supervisor training plan. o Track all training requests to include training denials in order to identify and address issues preventing staff training and development. § Continue to use Lexipol, an automated, contracted legal resource which provides police policies that are perpetually updated in response to new state and federal laws and court decisions. This is an excellent risk management resource for a police organization. § Establish a use of force review board to identify any trends, risk management and liability mitigation, and overall training needs.
§ Implement an electronic personnel management system that allows for documentation of risk management areas such as pursuits, use of force, commendations, forced entries, on-duty traffic collisions, and missed court appearances. This can establish the foundation for an early intervention program.
Theme 5: Process Improvement
There is an opportunity for process improvement. For example:
§ Policies and procedures exist throughout the organization; however, the level of consistency and content varies.
o There are structured practices not in agreement or out of alignment with the verbiage in policies.
o Policies and procedures need to be formally documented to ensure consistency, specificity, and a collective understanding of process or procedure such as inservice training or employee acknowledgement of said policies and procedures. § Create a practice that opens a new CAD incident that can associate prior incidents related to it to meet industry standards, rather than reopening the original CAD incident number.
We would like to thank Chief Field, Captain Tata, Captain Albin, and their staff for the cooperation and assistance in gathering the details and research needed to complete this project.
ITEM NO. 20.
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Los Gatos-Monte Sereno Police Department
Organizational Assessment
SUMMARY RECOMMENDATIONS
LOS GATOS-MONTE SERENO POLICE DEPARTMENT RECOMMENDATIONS
1. Focus recruitment efforts on qualified diverse candidates, particularly amongst women and Asian. (Page 30)
2. Consider reorganizing and restructuring the police department as shown in Chart 5. (Page 32)
3. Update the organizational with the current chain of command structure and/or a revised organization structure/chart and Policy § 200 – Organizational Structure and Responsibilities updated as well. (Page 33)
PATROL DIVISION RECOMMENDATIONS
4. Mandate patrol personnel rotate to another shift, not just days off, after two shift rotations. (Page 49)
5. Reserve spots on the sign-up list for each team designated for officers with less than two years of experience. (Page 49)
6. Maintain vigilance over excessive overtime use and consider other options that might alleviate the overtime necessity for the police officers. (Page 52)
7. Add one FTE lieutenant that effectively links patrol supervision to the Patrol Captain. (Page 52)
8. Make a concerted effort to limit this practice of using corporals as field supervisors to the extent practical. (Page 54)
9. Forward all completed briefing training, to include the Daily Training Bulletins, to the Training Unit to be included in the respective employee’s personnel file. (Page 55)
10. Rotate collateral duties supervisors on a routine basis. (Page 56)
11. Engage local law enforcement partners and outline an MOU that can clarify the working relationships in various areas moving forward. (Page 60)
PATROL ADMINISTRATIVE WORKLOAD RECOMMENDATION
12. Update the RIMS CAD/RMS system to log detailed administrative “busy time” for these specific types of daily administrative and personal tasks, and collect details such as type of personal busy time for breaks, gear, and equipment and information of types of administrative activities such as collateral duty, meeting, briefing, report writing, and court for future electronic data analysis. (Page 73)
WORKLOAD MITIGATION RECOMMENDATIONS
13. Consider enacting expectations that work that can be performed in the field be done there and restrict station time to only those instances that it is necessary. (Page 95)
14. Explore AI-Report Writing from their current BWC vendor to determine if the technology will assist the department in creating reporting writing efficiencies. (Page 95)
ITEM NO. 20.
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Los Gatos-Monte Sereno Police Department
Organizational Assessment
FTO RECOMMENDATIONS
15. Ensure the current supervisor overseeing the FTP is sent to the POST Filed Administrator’s Course. (Page 99)
16. Transfer the FTP to the Operations Bureau and assign the Captain to attend the FTP Coordinator’s Course. (Page 99)
17. Update Policy § 416 to include the Field Training Coordinator duties and responsibilities. (Page 100)
18. Consider scheduling quarterly FTO meetings to cover trainee performance and FTO trainer development. (Page 100)
19. Review the FTO Manual annually to ensure compliance with statutes and best practices. (Page 100)
TRAFFIC UNIT RECOMMENDATIONS
20. Transfer the Traffic Unit Traffic Unit to the Operations Bureau – Patrol Division. (Page 101)
21. Reinforce a data-driven approach to traffic enforcement to include the dissemination of collision data, including the top accident locations and causes along with an enforcement-based strategy for patrol and traffic officers to follow. (Page 106)
22. Assign personnel assigned to the Traffic Unit to attend traffic collision investigation courses such as Intermediate and Advanced Traffic Collision Investigation as well as auto-pedestrian and auto-motorcycle accident investigation courses. (Page 108)
23. Implement quarterly traffic motorcycle training for all personnel who use a police motorcycle. (Page 109)
24. Develop a system that captures the calls and/or emails requesting extra traffic monitoring and enforcement and ensure the system includes a searchable database. (Page 109)
DETECTIVE UNIT RECOMMENDATIONS
25. Assign the Senior Records Specialist full-time to Detectives. (Page 113)
26. Add one FTE professional staff member Administrative Technician as a civilian case investigator assigned to Detectives and to handle the Crime Analysis function for the department. (Page 113)
27. Restrict the detective bay area work space when it is unoccupied by locking the door with limited access, move the printer out of the detective area, and set up a camera and passkey system. (Page 114)
28. Develop written policy and procedure in accordance with the mandatory provisions of CA Government Code § 34090 – maintaining and destroying “routine video monitoring” of building security recording systems. (Page 115)
29. Assign a professional staff member as a contact person for those who come into the front lobby area during normal working hours, and clearly post those hours on the outside of the POB as well as the department website. (Page 115)
ITEM NO. 20.
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Los Gatos-Monte Sereno Police Department
Organizational Assessment
30. Fill one detective position as soon as staffing allows and fill the second vacant detective position once department-wide staffing levels have been filled and stabilized. (Page 116)
31. Publish a comprehensive and contemporary Detective Manual. (Page 117)
32. Assign all detectives to attend the Basic Core Investigations Course, Homicide/Death Investigations Course, Child Abuse Investigator’s Course, and search warrant class upon assignment to the unit. (Page 117)
33. Ensure homicide case detectives attend autopsies associated with their cases. (Page 117)
34. Evaluate the RIMS Detective module to determine if it meets the current needs of the Investigations Division and conduct continual training for all Investigations Division employees on the use of the RIMS Investigative component. (Page 118)
35. Assign the Patrol Watch Commander to review and assess the APS elder abuse cases and the CPS child abuse cases faxed during off-hours and communicate to the Investigations Division what was done. (Page 120)
36. Update the Victim Services Unit procedure manual and conduct a review annually for any needed changes. (Page 121)
37. Implement a crime victim notification system and assign the Victim Liaison to create an electronic, telephonic, or USPS system. (Page 121)
CRIME ANALYSIS RECOMMENDATION
38. Add one FTE professional staff Administrative Technician position as a Crime Analyst assigned to the Investigations Division. (Page 124)
SRO RECOMMENDATION
39. Develop job description and specific training requirements for the SRO position. (Page 125)
PROPERTY AND EVIDENCE RECOMMENDATIONS
40. Continue with the creation and implementation of a Property and Evidence Unit Policy and Procedure Manual and conduct annual updates. (Page 126)
41. Immediately change the entire lock, access, and combination code for P&E and ensure this is done any time a change in key access personnel or supervision occurs. (Page 126)
42. Construct a separate gun storage area that meets IAPE/CAPE standards. (Page 129)
43. Install ventilation in the Narcotics storage area consistent with industry standards. (Page 130)
44. Install monitored security cameras per IAPE/CAPE standards. (Page 130 )
45. Install an alarm in the POB P&E room in all recommended areas. (Page 130)
46. Renovate and retrofit the entire POB P&E storage room to meet (or exceed) industry standards on building requirements and best practices on security measures. (Page 131)
47. Contact an IAPE/CAPE construction inspector to ensure compliance of construction standards for the P&E off-site storage warehouse. (Page 131)
ITEM NO. 20.
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Los Gatos-Monte Sereno Police Department
Organizational Assessment
48. Develop written policy for adherence to Government Code § 34090 to maintain “routine video monitoring” for 365-day requirement. (Page 131)
49. Research storage solutions and protocol for long-term storing of vehicles kept for evidence. (Page 132)
50. Assign the P&E Administrative Technician and Investigations Sergeant to attend the IAPE Property and Evidence Management Course. (Page 133)
51. Establish written policies and procedures for purging, destruction, and disposition of property contained within the P&E evidence and storage areas. (Page 133)
52. Immediately conduct inspections, audits and inventories as described in Policy § 802.8. (Page 134)
53. Immediately conduct a complete and thorough property and evidence full inventory and document and retain the results. (Page 134)
SUPPORT SERVICES BUREAU RECOMMENDATION
54. Add one civilian, FTE Support Services Manager to the bureau. (Page 137)
DISPATCH RECOMMENDATIONS
55. Address the non-emergency and administrative phone lines being the same number as soon as possible. (Page 139)
56. Continue to staff the center with two dispatchers during high call volume/peak hours. (Page 141)
57. Add one FTE dispatcher to provide proper staffing in the dispatch center. (Page 144).
58. Resume random quality control audits on calls handled by dispatch as soon as practical and continue on a regular basis. (Page 144)
59. Reviewing all call types and reprioritize those call types as needed to meet industry standards. (Page 145)
60. Create a practice that opens a new CAD incident that can associate prior incidents related to it to meet industry standards, rather than reopening the original CAD incident number. (Page 146)
61. Update Policy § 801.4 – Responsibilities to reflect the appropriate classification for those responsibilities. (Page 148)
62. Consider assigning Dispatch staff to participate in POST Webinar courses. (Page 148)
RECORDS RECOMMENDATIONS
63. Replace the rejection email for online reports with a personal call to the crime reporter to explain that the incident was rejected, the reason for rejection, and to have an officer personally meet with reporter to take a formal report of the incident. (Page 153)
64. Conduct a comprehensive review the CopLogic online reporting program to determine if it is efficient, cost effective, and if it meets the service expectation levels of the Los Gatos-Monte Sereno community. (Page 154)
65. Implement a process to track all PRA and discovery requests. (Page 155)
66. Develop a Records Training Manual and/or Standard Operating Procedures Manual to include department policy references. (Page 156)
ITEM NO. 20.
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Los Gatos-Monte Sereno Police Department
Organizational Assessment
67. Update the policy or Organizational Chart to reflect the appropriate titles of Records and the manager. (Page 156)
68. Schedule and conduct a records purge as soon as practical. (Page 157)
69. Provide training to all supervisors on report review and determine if other accountability measures need to be introduced for proper report approval. (Page 158)
70. Limit the time spent on reports to critical entries and enter reports into RIMS in a timely manner. (Page 158)
71. Eliminate the practice of providing incident reports from CAD and return to officers contacting community members to complete reports, even if informational, to meet the needs of the community. (Page 158)
72. Discontinue the acceptance of cash by LGMSPD staff and accept credit cards, debit cards and payment apps as the only approved forms of payment. (Page 161)
PERSONNEL AND TRAINING RECOMMENDATIONS
73. Include demographic information when completing the hiring process for all personnel. (Page 164)
74. Formalize the re-integration program. (Page 166)
75. Share information gleaned from independent exit interviews at the Town and LGMSPD to improve overall organizational management. (Page 166)
76. Align Policy § 1001.6 – Evaluation Interview – policy and practice to be consistent by either updating the policy or practice. (Page 167)
77. Consider listing the purpose of a performance review and reports and process for evaluations on the evaluation form and ensure consistency amongst supervisors. (Page 167)
78. Consider completing abbreviated annual evaluations on all part-time employees. (Page 167)
79. Implement LEFTA System’s SHIELD Suite; a software application that addresses various high-liability areas and events within policing. (Page 168) WORKER’S COMPENSATION RECOMMENDATION
80. Request regular workers compensation updates from Town HR and Finance to assist the department with addressing any challenges injured workers may be experiencing that causes delays in their return to work. (Page 170)
SPECIAL ASSIGNMENT AND PROMOTION RECOMMENDATIONS
81. Add mandated rotational guidelines to include the number of years and positions in Policy 1002 – Specialty Assignments. (Page 171)
82. Utilize the LEFTA system to electronically track all employees, their assignments, promotions, and other pertinent personnel data with viewing privileges limited to authorized personnel. (Page 172)
EMPLOYEE WELLNESS RECOMMENDATIONS
83. Appoint a trained wellness coordinator and ensure the coordinator is fulfilling the responsibilities of the position as outlined in the department policy. (Page 174)