110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/07/2025
ITEM NO: 1
ADDENDUM
DATE: April 4, 2025
TO: Mayor and Town Council
Chairperson and Planning Commission
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Receive Information on and Discuss Recent Updates to State Builder’s Remedy Law and the California Environmental Quality Act REMARKS:
Attachment 3 contains public comment received before 11:01 a.m. on Friday, April 4, 2025.
Attachments Received with the Staff Report:
1. SB 330 Preliminary Application Statute
2. Builder’s Remedy Statute
Attachments Received with this Addendum:
3. Public Comment
From:
To: Matthew Hudes; Mary Badame; Rob Moore; Rob Rennie; Maria Ristow Cc: Clerk; Town Manager; Gabrielle Whelan; Katy Nomura; Barbara Kautz Subject: Request by Los Gatos citizens - Joint PC and TC meeting on 4/7/25 - Please include in the Council packet Date: Friday, April 4, 2025 9:10:05 AM
[EXTERNAL SENDER]
Dear Mayor Hudes and Members of the Town Council,
The Los Gatos Community Alliance is writing to formally request that the issue of the Town’s Housing Element compliance be thoroughly discussed at the upcoming Joint Study Session between the Town Council and the Planning Commission. Given the ongoing concerns regarding the Housing Element’s compliance status and the implications for Builder’s Remedy applications, it is imperative that this matter be addressed in a public forum to determine the Town’s next steps.
As you are aware, the Town Council adopted two separate resolutions—on January 30, 2023, and June 4, 2024—both finding that the Housing Element adopted on January 30, 2023 substantially complied with State Housing Law pursuant to Government Code section 65585, subdivision (f)(2). These findings were made following a comprehensive review of the record and were supported by substantial evidence. Additionally, the Town Council fulfilled its legal obligation under Government Code section 65585, subdivision (e), by considering HCD’s January 12, 2023, letter identifying changes it believed were necessary for compliance.
Despite these actions, HCD has opined that the Housing Element did not substantially comply with State law, and its findings are presumed correct unless challenged. However, it is important to note that courts have ruled that HCD’s compliance determinations are not binding and that this issue is subject to independent judicial review. Given this, we urge the Town Council to discuss whether the Town should seek judicial clarification regarding its Housing Element compliance status. Such a determination would provide legal certainty for the Town and its residents, particularly concerning the enforceability of Builder’s Remedy applications.
If the Town chooses not to pursue judicial review, the Council must still address whether it acted within its discretion in adopting the Housing Element on January 30, 2023 and whether its findings were adequately supported at that time by the record. This is a critical governance issue that requires careful ATTACHMENT 3
consideration and transparency. Given the angst of the citizens over the huge number of Builder's Remedy projects currently in the queue, it is important to the citizens that the Town does not let this issue simply be swept under the rug.
There is still a solid shot at getting the Town back to our Housing Element without the encumbrances and costs of the Builders' Remedies. We want to see the Council make a strong effort for the citizens of Los Gatos.
We appreciate your time and commitment to addressing these important housing and land use matters. We respectfully request that this issue be publicly discussed at the upcoming Joint Study Session so that the Town Council and Planning Commission may decide on the appropriate course of action in a transparent manner.
Thank you for your attention to this matter. We look forward to an open and productive discussion.
Jak Van Nada
Los Gatos Community Alliance
Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town
[email protected]