AGENDA
City of Monte Sereno
Thursday, February 24, 2022
Joint Special Meeting of the City Council and
Site and Architectural Commission
6:00 PM
Monte Sereno City Council Chambers - 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca 95030
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Page
CALL TO ORDER
ROLL CALL
NEW BUSINESS
1. Introduction to the Housing Element Update Process
Staff recommends that the City Council and Site and Architectural Commission receive the Housing Element Update information and timeline and provide any feedback or direction.
3 - 10
Staff Report - SR-22-032 - Pdf
Public Comment Received as of 02-24-2022
ADJOURN
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Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
STAFF REPORT
Meeting: Joint Special Meeting of the City Council and Site and Architectural Commission - Feb 24 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Introduction to the Housing Element Update Process Recommendation(s):
Staff recommends that the City Council and Site and Architectural Commission receive the Housing Element Update information and timeline and provide any feedback or direction.
Background Information:
The Housing Element is part of the City’s General Plan and identifies policies and programs to meet the housing needs of the city’s current and future residents. State law (Government Code Sections 65580-65589.8) requires that every city and county in California adopt a Housing Element, approximately every five or eight years. In addition, the State Department of Housing and Community Development (HCD) reviews and certifies that each Housing Element meets all the requirements of the law. Monte Sereno’s current Housing Element was adopted in 2015 and the new document must be adopted by January 2023, but the approval process can take several months.
This Housing Element update process is expected to be more time intensive and rigorous than previous cycles for several reasons. Monte Sereno’s Regional Housing Needs Allocation (RHNA) is significantly higher than last cycle, 193 compared to 61. There are also other new rules, such as Affirmatively Furthering Fair Housing (described below), which are in effect for the first time this cycle.
Housing Element Overview
Monte Sereno’s current Housing Element covered 2015 to 2023 and was adopted on May 19, 2015. The new Housing Element will be for the 2023-2031 planning period.
The Housing Element typically includes several major components:
1. Housing Needs Assessment: An analysis of housing needs of the City's population, including analysis of population, housing characteristics, projected housing needs by income group, housing needs of special needs populations (including elderly, persons with disabilities, etc.), existing housing stock conditions, and existing units in need of replacement or rehabilitation.
2. Constraints Analysis: An analysis of housing constraints that impact housing production, including city land use controls, local ordinances, permit requirements, fees, and the way that they may impact housing production.
3. Evaluation of Past Performance: Assess progress in implementing the policies and programs from the prior Housing Element.
4. Housing Sites Inventory: Identify housing sites available for development or redevelopment, ensuring that there is sufficient capacity to address the Regional Housing Needs Allocation.
5. Policies and Programs: Establish policies and programs to address the identified housing needs.
6. Community Outreach and Engagement: Conduct a thorough program of community engagement, with a particular focus on outreach to traditionally underrepresented groups.
7. Affirmatively Further Fair Housing (AFFH): Actions that promote and further fair housing opportunities, including descriptions of fair housing enforcement and analysis of integration and segregation patterns and trends.
Regional Housing Needs Allocation (RHNA)
Every city in California receives a target number of homes to plan for. This is called the Regional Housing Needs Allocation or RHNA. Monte Sereno’s RHNA is 193, an over 300% increase from last cycle’s RHNA of 61. Cities do not need to ensure these homes are built, but do need to put in place the proper zoning and address constraints so the private sector can build the housing. The RHNA is broken down by income category. Monte Sereno’s income specific RHNA is:
Very Low Income: 53
Low Income: 30
Moderate Income: 31
Above Mod Income: 79
Total: 193
Almost all jurisdictions in the region (and in other regions) had a higher RHNA this cycle. This is primarily due to changes required by a new law that better accounts for existing overcrowding. This cycle, a jurisdiction’s RHNA is based on the following factors:
• Projected 2050 population according to Plan Bay Area
• Proximity to jobs (both by car and public transportation) • The percent of households living in high opportunity areas (based on school, environmental
• hazards, jobs, etc.)
Affirmatively Furthering Fair Housing
In 2018, California adopted new requirements for jurisdictions to Affirmatively Further Fair Housing (AFFH). While it has long been illegal for cities to discriminate based on race or certain other categories, the AFFH rules go further and require that cities actively work to
dismantle the legacy of segregation and to create equal housing opportunities. The State is still finalizing guidance, but cities will likely be expected to:
• Study housing demographics more thoroughly, in particular identifying how the needs and trends are different for people of color and other protected groups, • Ensure that public engagement reaches all segments of the community, • Plan so that new housing is not disproportionately put in low income communities of color, and
• Develop policies and programs that advance equity.
Attached to this report is a memorandum from the City’s Housing Element consultant, EMC Planning Group, providing an overview of the process.
Public Noticing:
The City of Monte Sereno's council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org. Additionally, information about this meeting was published on the Housing Element website at www.AtHomeinMonteSereno.com and emailed to a list of interested parties.
Attachments:
1. Memorandum from EMC Planning Group
2. Housing Element Project Schedule
To: Monte Sereno Council, Site and Architectural Commission From: Ande Flower, Principal Planner; Lauren Hoerr, Associate Planner, EMC Planning Group Date: February 24, 2022
Re: Introduction to the Housing Element Update process
SUMMARY
This memorandum prepares the Monte Sereno community and decision-makers for the overall process and next steps for Monte Sereno’s 6th Cycle Housing Element Update.
The background section of this memo answers basic questions about the Housing Element Update process, the importance of equity considerations throughout this process, and the consequences of not complying with HCD requirements. The next steps section describes the project timeline and milestones.
BACKGROUND
What is the 6th Cycle Housing Element Update?
The Housing Element is a comprehensive policy document that identifies where, how, and how much housing Monte Sereno is mandated to plan for to accommodate existing and projected future housing needs for people of all income groups. In accordance with State law, all jurisdictions within California must update their Housing Element every 8 years. This is the sixth time the City of Monte Sereno will have updated its Housing Element which is why this process may be referred to as the 6th Cycle Housing Element Update.
How much housing does Monte Sereno need to plan for?
In the 2023-2031 planning period of the 6th Cycle Update, Monte Sereno is required to plan for an additional 193 new housing units at varying levels of affordability. With roughly 3,500 residents living in an area of 1.6 square miles with all residential zoning, the City expects that the 193 new housing units can mostly be accommodated through Accessory Dwelling Units (ADUs) and other secondary housing units.
Income Level # of Housing Units
Very Low (0-50% AMI) 53
Low (50-80% AMI) 30
Moderate (80-120% AMI) 31
Above Moderate (120%+ AMI) 79
TOTAL 193
Note: AMI stands for Area Median Income.
NEXT STEPS
Public Outreach Efforts
The success of the 6th Cycle Housing Element Update process hinges in part on a community outreach and engagement program that is robust, inclusive, and meaningful. In 2018, Assembly Bill 686 (AB 686) established a state mandate that expanded the duty of all California’s public agencies to affirmatively further fair housing (AFFH). This mandate includes a requirement to equitably include all stakeholders in the Housing Element public participation progress. This is the first Housing Element update cycle to be responsive to this legislation. We welcome ideas to further this goal.
To-date, this public participation effort has included:
• Developing a website dedicated to Monte Sereno’s 6th Cycle Housing Element Update:
https://athomeinmontesereno.com/
• Distributing a mailed postcard to all Monte Sereno residents • Article about the Housing Element in April’s Peaceful Mountain Monitor • Working with West Valley Community Services to expand outreach opportunities Future public outreach strategies will include:
• Providing updates to City Council and the Sites and Architectural Commission • Hosting a Virtual Community Workshop on Saturday April 23rd • Contributing progress updates on the Housing Element process to the Peaceful Mountain Monitor and other communication channels
EMC will provide progress updates through adoption of the final, certified Housing Element. It is anticipated that decision-making bodies will provide input at four stages: Sites Inventory; Housing Policy; Draft Housing Element adoption and Final Housing Element adoption.
Consequences of Not Completing the 6th Cycle Housing Element Update Compared to previous cycles, the State Department of Housing and Community Development (HCD) has enacted more serious consequences for jurisdictions that do not have an adopted and certified 6th Cycle Housing Element Update. These consequences include the following, as sourced from HCD:
• Limited access to state funding
• Lawsuits and court-mandated compliance
o Mandatory compliance within 120 days
o “Courts may appoint an agent with all powers necessary to remedy identified housing element deficiencies and bring the jurisdiction’s housing element into substantial compliance with housing element law.”
• Legal fees
o “If a jurisdiction faces a court action stemming from its lack of compliance and either loses or settles the case, it often must pay substantial attorney fees to the plaintiff’s attorneys in addition to the fees paid by its own attorneys.” • Court-imposed fines (up to $10,000 per day)
• Receivership
o Suspension of local control on building matters
o Court approval of housing developments
Project Schedule and Key Milestones
The deadline for all Bay Area jurisdictions to submit a Council-adopted Housing Element update is January 2023. In order to meet that deadline, a series of milestone goals must first be reached. The sites inventory analysis is the first step in the process because it will help us understand what kind of environmental review may be necessary. Next, we will discuss policy options that relate to potential opportunity sites. Future discussions will include the possibility for housing construction incentives at different affordability levels relative to the growing understanding of specific housing needs for people who would like to live in Monte Sereno.
Be Part of the Solution
Let us know that you would like to be kept informed of the process by subscribing to the website:
https://athomeinmontesereno.com/ and while you’re there, join the discussion with interactive tools that will evolve throughout this update process. We hope that community members will share their ideas and make a difference for Monte Sereno’s future.
Activity Name
October November December January February March April May June July August September October November December January 2021 2022 2023
October November December January February March April May June July August September October November December January Project Start
HE Data & Background
Site Exploration
CC/AS Introduction
Draft Site Options Report
Stakeholder Meeting 1
Draft HE Programs
Community Meeting 1
Ad Draft HE / SE
Community Meeting 2
AS Report - HE Draft
HE Revisions
CC Report for HE Draft
AB-215 Notice
HCD 90-day Review
Ad Draft CEQA
Stakeholder Meeting 2
Draft CEQA Public Review
HE Revisions
Final EIR
PC Hearing
Stakeholder Meeting 3
CC Hearing
HE Revisions
CEQA NOD Filing
Final HE Revisions
File HE with HCD
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27 February 15, 2022
City of Monte Sereno Housing Element Update
Updated Schedule November 30, 2021
From: Lionel Allan
To: Javed Ellahie; Bryan Mekechuk; Rowena Turner; Shawn Leuthold; liz lawler Cc: Steve Leonardis; Michelle Estabillo; Diana Perkins; Gloisy Gonzalez-Langarica Subject: Re: Joint Council and S&A Housing meeting February 24 Date: Thursday, February 24, 2022 1:12:35 PM
Dear Council
Please excuse a major typo — we only have 1245, not 3200, housing units, so 193 RHNA units would be an increase of almost 16%.
Mary and Lon
On Feb 24, 2022, at 11:57 AM, Lionel Allan <[email protected]> wrote:
Dear Council
With respect, there are several facts that the Council must consider in establishing realistic housing goals for our community:
1. There are only approximately 3200 housing units currently in our city.
Anyone who believes that there is room to add 193 housing units has clearly never set foot in Monte Sereno.
2. Spec developers will probably not build any moderate much less low-income units. For example, the 36 units at the Hacienda start at around $2,000,000 for one unit in a four-plex and the free-standing townhouses are listed for more than $3,700,000. So the only units that would meet RHNA requirements for all categories other than above-moderate income will probably be ADUs.
3. Our community already has a serious access problem in case of emergencies such as earthquakes or fires. Hwy 9 and will be impassable in any of highlyflammable eucalyptus trees falls down blocking the road, leaving only Winchester Ave as a way out of town. Increasing our density from 3200 households by 193 more would only make an already-dangerous lack-of-access situation worse.
Sincerely,
Mary and Lon Allan
42-year residents of Monte Sereno
[email protected]
408 354 8854