Monte Sereno City Council
July 11, 2023

Appendix C Housing Constraints C-18 EMC Planning Group
Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 On- and Off-Site Improvement Standards
Due to the low-density and semi-rural character of Monte Sereno, the City typically requires only minimal on- and off-site improvements as a condition of approval for new residential development, particularly compared to the requirements of neighboring communities. Most new housing development occurs on existing lots that are already served by necessary infrastructure. The City may require a gutter, curb and gutter, or curb and gutter and sidewalk for a new housing unit depending on the location. Improvement standards are not considered a constraint to development.

Parking Requirements
In Table C-6, parking requirements are presented according to zoning designation.

Table C-6 Parking Requirements
Zoning Designation Lot with on street parking Lot without on street parking R-1-8 2 covered/2 uncovered 2 covered/3 uncovered
R-1-20 2 covered/2 uncovered 2 covered/4 uncovered
R-1-44 2 covered/2 uncovered 2 covered/5 uncovered
RM 1 covered/1 uncovered 1 covered/1 uncovered
P 1 covered/1 uncovered 1 covered/1 uncovered
SOURCE: City of Monte Sereno
For single-family homes located on streets with on-street parking, the parking requirement can be met by a typical two-car garage and two parking spaces on the driveway apron. The additional requirement for uncovered driveway parking for lots without on-street parking is designed to ensure that fire access is not impaired. The requirement applies only to above moderate-income housing.

The reduced parking requirement in the RM zoning designation is important to note and is designed to ensure that parking does not serve as a constraint to multi-family development. Consequently, parking requirements appear reasonable and are not considered a constraint.

Summary of Governmental Constraints
Given the City's already developed land use pattern, the governmental regulations identified above are a responsible and thoughtful effort to maintain the character of already developed areas while providing opportunities for additional types of housing that can be more affordable. The clustering provision for R-1-8 and RM properties, which allows smaller lot sizes, is especially important in reducing constraints to the development of all housing types. Reduced parking requirements for RM lots also make housing more affordable.

Appendix C Housing Constraints C-19 EMC Planning Group
Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Those constraints that were identified have been addressed with specific program actions. In order to encourage more lots available for development. Further, the City intends to continue to reduce identified constraints to the development of ADUs.

C.3 Non-Governmental Constraints
Land and Construction Costs
Land is expensive in Monte Sereno due to the limited availability of buildable sites, as well as the scenic setting and the area's existing upscale character. The current market price for unimproved land ranges from $6-$10,000,000 per acre. Similarly, high construction costs in the Bay Area also contribute to the high cost of housing in Monte Sereno. Based upon City building permit data, construction costs for new single-family homes typically range from $1,000,000-$2,000,000. Land and construction costs in Monte Sereno represent the primary barrier to affordable housing in the community. The difficulty of building in Monte Sereno virtually guarantees that, even in the absence of governmental constraints, housing in Monte Sereno will be very expensive. Except for ADUs, it is extremely unlikely that housing affordable to low- and moderate-income households can be constructed in Monte Sereno under any circumstances without considerable subsidy, public or private.

Availability of Financing
As a stable and affluent community, private housing mortgage financing is readily available in Monte Sereno. There are no mortgage-deficient areas in the City and no identifiable underserved groups in need of financing assistance. At the time this Housing Element was drafted, interest rates for homebuyers were increasing from a low of 2.75 percent in 2020 to 5.75 percent in 2022 for a fixed rate, 30-year mortgage. The current economic climate is uncertain and still affected by the COVID19 pandemic, increasing inflation, and the supply chain disruptions.

History of Referendum
The city incorporated in 1957 in an effort to protect its semi-rural atmosphere against neighboring annexation pressure. In May 2016, the City Council approved Resolution 3621 to amend the General Plan designation of 17765 Daves Avenue to Public/Multi-Family Residential. The City experienced submission of a referendum petition, which was certified, requiring the City to either rescind Resolution 3621 or hold an election. As a consequence, the City Council approved Resolution 3706 in August of 2018, which repealed the Public/Multi-Family General Plan Designation for 17665 Daves Avenue, and instead zoned other land that was subsequently annexed into the City for development of 18840 Saratoga-Los Gatos Road. Given prior history and the limited number of parcels that are realistically capable for development into multi-family housing in

Appendix C Housing Constraints C-20 EMC Planning Group
Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 the City, the potential that local zoning decisions regarding additional multifamily housing may be subject to referendum represents a potential constraint.

Requests to Develop Densities Below Those Permitted
New State Housing Element law now requires the non-governmental constraints analysis to evaluate developer requests to build at densities below the density identified in the Housing Element sites inventory.

In order to incentivize development which better implements densities planned in the Housing Element sites inventory, the Housing Element sets forth a program (#19) to ensure that there are adequate sites available throughout the planning period to accommodate the City's regional housing needs, “or " “RHNA”. The City has not received requests to develop at densities below those permitted.

Length of Time Between Application Approval and Building Permit Issuance
New Housing Element law now also requires an examination of the length of time between receiving approval for a housing development and submittal of an application for building permits.

The time between application approval and building permit issuance is influenced by a number of factors, none of which are directly impacted by the City. Factors that may impact the timing of building permit issuance include: required technical or engineering studies; completion of construction drawings and detailed site and landscape design; securing construction and permanent financing; and retention of a building contractor and subcontractors.

The majority of residential permits in Monte Sereno are for single-family homes, with building permit issuance generally taking 8-14 months after Planning approvals. Hillside properties may take a few months longer due to the need for technical and engineering studies. In Monte Sereno most approved projects are constructed in a reasonable time period.

Environmental Constraints
This section contains information on current risks due to natural and human-made hazards.

Wildfire
Open space areas that are heavily vegetated and grassy are especially vulnerable to fire hazards. The risk of fire is highest in the steep, heavily vegetated hillside area south of Highway 9. The risk of fire is also highest during the summer and fall dry seasons. Because most wildfires are caused by people, increased accessibility to fire hazard areas further increases the risk of fire. Figure C-1 exhibits that approximately half of Monte Sereno is located within a very high fire hazard area, and even those areas not designated as high fire hazard are subject to wildfire, because one or more large trees are present on practically every lot in the community.

Appendix C Housing Constraints C-21 EMC Planning Group
Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 When housing is built close to forests or other types of natural vegetation, the structures pose two problems related to wildfires. First, there will be more wildfires due to human ignitions. Second, wildfires that occur will pose a greater risk to lives and homes, they will be hard to fight, and letting natural fires burn becomes impossible. Development in wildland urban interface areas will exacerbate wildfire problems in the future. State laws generally do not make an exception for fire hazard with laws allowing ADUs, and requiring SB 9 development to provide some mitigation measures either under existing building standards or state fire mitigation measures. A housing Sites Inventory reliant on Accessory Dwelling Units enable distribution throughout a community which increases AFFH opportunities, though distribution of sites also means distribution of fire risk for new housing units, particularly those with single egress, as shown with Figure C-2 and Figure C-3.

Lack of evacuation routes exponentially compounds the risk from natural hazards in Monte Sereno.

If a fire comes over the neighboring Santa Cruz Mountains, Highway 9 would likely be affected, which for many is the only way out of Monte Sereno. The primary evacuation route for the community is Saratoga-Los Gatos Road (Highway 9)—a two-lane highway, and according to a report by Hexagon Transportation Consultants, Inc. prepared for the Hacienda Project in 2018, the intersection at North Santa Cruz Avenue and Saratoga-Los Gatos Road operates at a very poor Level of Service E during peak hour2. During an emergency evacuation (e.g., during a wildfire event), this key intersection would be expected to be unpassable for extended periods of time. Those that can get to Highway 17 would encounter an unmoving traffic bottleneck. Highway 17, has experienced tremendous traffic delays because of the additional 40 units being built adjacent to the on ramp at Lark Avenue, and access to this entrance will be completely clogged in an emergency.

Adding more housing to the area significantly increases the risk of trapped residents in a wildfire event to an unacceptable level.

The City’s General Plan include policies to mitigate against fire hazards; however, the extent and danger of the fire severity zones within Monte Sereno pose a significant constraint to development. 2 Hexagon Transportation Consultants, Inc., 2018. “18840 Saratoga-Los Gatos Road Residential Development:

Transportation Impact Analysis.”

Appendix C Housing Constraints C-22 EMC Planning Group
Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Figure C-1 Wildfire Severity Zones
SOURCE: EMC Planning Group

Appendix C Housing Constraints C-23 EMC Planning Group
Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Figure C-2 Wildfire Severity Zones and ADU Housing Sites SOURCE: EMC Planning Group

Appendix C Housing Constraints C-24 EMC Planning Group
Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Figure C-3 Single Egress and ADU Housing Sites
SOURCE: EMC Planning Group
Seismic Activity
Monte Sereno is located within the seismically active San Francisco Bay region, one of the most seismically active zones in the United States. The faults in the San Francisco Bay region are capable of generating earthquakes of at least 8.0 in magnitude on the Richter Scale, producing very strong

Appendix C Housing Constraints C-25 EMC Planning Group
Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 ground shaking in Monte Sereno. The closest major fault is the San Andreas Fault, which passes through Monte Sereno’s SOI southwest of Lyndon Canyon. A portion of Monte Sereno also is near the potentially active Shannon Fault, just north of Monte Sereno in Los Gatos.

Landslides and slope instability are the major geologic hazards in Monte Sereno. The hillside region of the city contains some rock formations conducive to landslides. The landslide zone is also present within the Sphere of Influence. Landslides and unstable slopes may occur in this area and can create hazards within the city as the slide debris and rock move down the incline toward the city's valley floor. According to the County of Santa Clara, approximately 75 percent of Monte Sereno is located in an area with a high potential for earthquake induced landslides.

To address these seismic hazards the City includes policies in the General Plan to reduce the threat of seismic activity including requiring new construction to be built using the most recent building codes to minimize potential damage to structures as a result of an earthquake. Development or substantial renovations in Monte Sereno must comply with the Uniform Building Code (UBC), which outlines standards for seismic design, foundations and drainage and requires that geotechnical engineering studies be undertaken for all major new buildings or earth works.

Flood Hazards
Large-scale flooding is not a significant hazard in Monte Sereno. Most of the properties in Monte Sereno are built above the base flood elevation. However, both surface and subsurface local drainage problems do exist in some parts of Monte Sereno, and there is currently no drainage plan for Monte Sereno. Due to its minimal danger of flooding, the City is not included in the Federal Emergency Management Agency (FEMA) emergency program list of the National Flood Insurance Program.

Hazardous Materials and Hazardous Waste
Hazardous material usage and hazardous waste are primarily associated with residential uses in Monte Sereno. Household hazardous materials including pesticides, fertilizers and oil are the most commonly occurring hazardous material in the city. The California Environmental Protection Agency, Department of Toxic Substances Control (DTSC) is authorized by the Environmental Protection Agency to enforce and implement federal hazardous materials laws and regulations, including disposal and transportation of hazardous materials. Santa Clara County operates a Household Hazardous Waste disposal program for incorporated and unincorporated residents and small businesses. Household hazardous waste includes flammable, corrosive, toxic and oxidizer material and can be dropped off at facilities located in Sunnyvale, San Jose and San Martin.

The City’s General Plan and Municipal Code include policies and regulations prohibiting accumulation of hazardous materials.

Appendix C Housing Constraints C-26 EMC Planning Group
Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 This side intentionally left blank.

Efforts to Locate Vacant Sites D

APPENDIX

Appendix D
Efforts to Locate Vacant Sites
D.1 Introduction
The City of Monte Sereno undertook extensive efforts to locate vacant, partially vacant, and underutilized sites available for housing development in the community. This appendix provides details on:

1. Recent actions by the Monte Sereno City Council to reduce fees for ADUs;

2. Outreach to the First Baptist Community Church; and

3. Letters sent to 20 property owners whose sites had been identified as possible candidates for rezoning to allow housing development.

7-21-2022 City Council
Consider ADU Building Permit Fee Reduction
Title
Consider Reducing Building Permit and Plan Check Fees for Accessory Dwelling Units When the Property Owner has Formally Notified the City of their Intention to Construct an Accessory Dwelling Unit for the Next RHNA Cycle
Recommendation
Staff recommends the City Council adopt the draft resolution to approve a 50% reduction of plan check and building permit fees for new Accessory Dwelling Units (ADUs) and other secondary dwelling units for a maximum of 225 properties where the property owner has formally notified the City in writing of their intention to construct an ADU by December 15, 2022, and submitted a complete building permit application by July 1, 2029, so that such building permits will be issued during the current RHNA cycle ending December 31, 2029.

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 state’s approval process can take several months.

Regional Housing Needs Allocation (RHNA)
Every city in California receives a required number of homes to plan for in the updated Housing Element. This is called the Regional Housing Needs Allocation (RHNA). Monte Sereno’s RHNA for this upcoming Housing Element is 193, an over 300% increase from last cycle’s RHNA of 61.

Under state law, cities do not need to ensure these homes are built, but do need to identify adequate housing sites, as part of their sites inventory, and put in place the proper zoning and address development constraints, so that 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
There are three main options for the Council to consider in order to plan for the required number of additional housing units: ADUs, projects constructed under the new SB-9 regulations, and rezoning sites to a higher density to allow for additional housing units. These options were discussed at the Joint Special Meeting of the City Council and Site and Architectural Commission on May 24, 2022, the consensus from the Council and Commissioners was that efforts should be focused on meeting the RHNA requirements through the construction of ADUs.

Analysis
The standard methodology to estimate the number of ADUs that will be constructed during the 2023-2031 planning period is based on the average number of such units constructed since

2019, when the state law made it easier to construct such units. This is described in Attachment 1, the Association of Bay Area Governments (ABAG) Technical Memo for Using ADUs to Satisfy RHNA. The following table shows the number building permits that were issued for construction of new ADUs each calendar year since 2019:

Year Building Permits Issued for New
ADUs
2019 14
2020 9
2021 14
2022
(Projected based on 9 units issued through June 15)
18 Average 13.75
A straight projection of the average above would total 110 ADU which could be planned for the update Housing Element. However, as shown above, the number of building permits issued in 2020 for new ADUs was low. This is likely due to the beginning of the Covid 19 Pandemic and local health orders which required non-essential construction to cease for several months. The attached Technical Memo does indicate that a small amount of flexibility may be allowed to the straight average projection. If 2020 is excluded, the total number of ADU permits issued in 2019, 2021, and projected for 2022 is 46, which would project to 122 for the eight-year planning period of 2023-2031 in the updated Housing Element.

As noted in the Attachment 1, the Association of Bay Area Governments (ABAG) Technical Memo for Using ADUs to Satisfy RHNA, a jurisdiction may project a higher number of ADUs that will be constructed during the 2023-2031 planning period if a robust, funded, and clear plan is developed to increase the production of ADUs.

As part of such program to justify an increased ADU projection, the City Council directed staff to schedule this special meeting to consider a fee reduction of 50% of the permitting and plan review fees for the construction of a new ADU or the conversion of an existing structure to an ADU. Depending on the size of the ADU, these fees total approximately $7,200 for each new ADU, which would be reduced by $3,600 if the 50% reduction is approved. It is important to note that there are other fee items that are not part of the proposed reduction program such as the City’s adopted Construction Tax and other fees that are state mandated. The Construction Tax is a voter approved tax that cannot be altered without an approved ballot measure. The other fees are not considered user fees as they are collected to cover the costs of specific impacts and state mandates.

The fee reduction would be available to a maximum of 225 properties. This was determined by applying a 15% buffer on the RHNA allocation of 193 (as recommended by the HCD), which results in 222 and adding a few more to round off the number.

The City Council Ad Hoc Committee and the Site and Architectural Commission Ad Hoc Committee for the Housing Element Update are developing a community-wide outreach program that will include neighborhood canvassing where residents will be informed of the updated Housing Element and the RHNA allocation as well as, if approved, the fee reduction program for ADUs. The intent of this effort is to inform the community of the Housing Element issues and request written intention from those residents interested in constructing an ADU or secondary dwelling unit by December 31, 2029.

Fiscal Impact
A 50% reduction in the permitting and plan review fees would result in approximately $3,500 to $4,000 per ADU permit, depending on the size on the building. If 225 permits were issued under the fee reduction program, this would result in decreased revenue of up to $900,000 over the eight-year period, or $112,500 on average each year.

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.

Attachments

1. ABAG Technical Memo - Using ADUs to Satisfy RHNA

2. Draft Resolution
From: Martin Carver
To: Martin Carver
Subject: FW: Letters Sent to Property Owners of Potential Sites Date: Friday, July 15, 2022 10:16:30 AM
Attachments: Sites Letters Mailed 4-6-2022.pdf
Letters Mailed 5-19-2022 Bicknell Rd.pdf
Letters Mailed 5-19-2022 Vineland Av.pdf
From: Diana Perkins <[email protected]>
Sent: Wednesday, July 13, 2022 1:00 PM
To: Ande Flower <[email protected]>
Subject: Letters Sent to Property Owners of Potential Sites Hello. Attached are the letters that were mailed to property owners of the sites on Vineland and Bicknell to see if property owners were interested in being considered for a re-zone. Very little response was received from the property owners (I think on person contacted me to discuss), but we did receive strong feedback from several neighborhood residents that they were not interested in rezoning in their neighborhood.

Thank you,
Diana Perkins | City Planner
City of Monte Sereno, California
18041 Saratoga-Los Gatos Road | Monte Sereno, CA 95030
Office 408.498.5283
[email protected] | www.cityofmontesereno.org

Ande Flower
From: Roger McCarty <[email protected]>
Sent: Monday, April 18, 2022 10:47 AM
To: Javed Ellahie
Cc: Pastor Daniel Sternquist; Steve Leonardis; Diana Perkins Subject: Re: Meeting?
Dear All,
I want to thank Mayor Ellahie for reaching out to us concerning the RHNA numbers. I had written this to him the other day. "In the meantime, I was a bit surprised to receive a registered letter from the City of Monte Sereno concerning the Housing Element and the potential designation of our property as a possible spot for being re‐zoned. I will continue to remind you all that we have always been opposed to this move. We do not have now, nor have we had in the past, any interest in being re‐zoned"
I would like for this to serve as our stated position. Thank you for understanding our position and removing us from any current or future consideration.

Roger G. McCarty, Pastor
First Baptist Community Church
17765 Daves Ave.

Monte Serfeno, CA 95030
On Fri, Apr 15, 2022 at 6:04 PM Javed Ellahie <[email protected]> wrote:

Pastor McCarthy:

Staff has advised me that the letter sent to you was intended to let you know that the Church parcel is part of the inventory of lots that can be rezoned ‐ such a notice is required to be given to all property owners whose property could help satisfy the housing element requirements.

The notice also provides that if you do not wish your property to be considered – which we know is this case ‐ you simply have to so advise staff. Once your response gets to staff your property will not be considered for rezoning.

I hope this helps
Javed I. Ellahie
Mayor

Review of Previous Housing Element E

APPENDIX

Table of Contents
APPENDIX E REVIEW OF PREVIOUS HOUSING ELEMENT ..............................................E-1 E.1 Introduction ...........................................................................................................................E-1 E.2 Effectiveness of Element .....................................................................................................E-1 E.3 Progress in Implementation.................................................................................................E-2 E.4 Appropriateness in Goals, Objectives and Policies........................................................E-17 E.5 Summary ...............................................................................................................................E-18 Tables
Table E-1 Overview of Adopted Program...............................................................................E-4 Table E-2 Housing Permits Issued, 2015-2023 .................................................................... E-15

Appendix E Review of Previous Housing Element E-1 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Appendix E
Review of Previous Housing Element
E.1 Introduction
In order to effectively plan for the future, it is important to reflect back on the goals of the previous Housing Element and to identify those areas where progress was made and those areas where continued effort is needed. State Housing Element guidelines require communities to evaluate their previous Housing Element according to the following criteria:
 Effectiveness of the Element;
 Progress in Implementation; and
 Appropriateness in Goals, Objectives and Policies.

E.2 Effectiveness of Element
The City’s 2015 Housing Element identified the following goals:
 Goal H-1: Provide Housing Consistent with The Character of The Community;  Goal H-2: Construct Additional Housing to Meet the Identified Needs of All Income Groups in Monte Sereno;
 Goal H-3: Maintain and Improve Existing Housing Stock;  Goal H-4: Support A Continuum of Housing Opportunities for Members of The Monte Sereno Community in All Stages of Life, Including Those with or without Special Needs; and  Goal H-5: Ensure Equal Housing Opportunities.

In order to achieve these goals, the 2015 Housing Element listed a series of policies and actions.

The policies covered a range of housing concerns, including support for the development of accessory dwelling units, providing appropriate zoning for lower and moderate-income households, removing governmental constraints, maintaining public infrastructure, and promoting equal housing opportunities for all persons. The policies complied with the State Housing Law guidelines in place at the time.

Cumulatively, the past goals, policies, and related actions were somewhat effective in meeting the ownership housing needs of special needs populations such as the elderly and persons with

Appendix E Review of Previous Housing Element E-2 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 disabilities, but less effective in meeting the rental needs of families with large households, seniors, farmworkers, female-headed households, and those experiencing homelessness. Several programs have been revised with this draft update as appropriate to increase and broaden the number of units available to those with special needs.

E.3 Progress in Implementation
To assess the City’s progress in implementing the 2015 Housing Element, the following key areas were reviewed:
 Adopted Programs;
 Production of Housing;
 Preservation of “At Risk” Units;
 Rehabilitation of Existing Units; and
Each of these areas is discussed in detail below.

Overview of Adopted Programs
Table E-1 identifies all of the actions the City committed to in the 2015 Housing Element. The table also includes a description of the progress that was made during the 2015–2023 planning period. Overall, the City is working to improve programs to increase the variety of housing types including increasing production of multi-family units and affordability programs.

Production of Housing
The 2015 Housing Element identified a Regional Housing Needs Allocation of 61 housing units in Monte Sereno between January 1, 2015 and June 30, 2023. The Regional Housing Needs Allocation (RHNA) was divided into the following income categories:
 Allocation of 23 units affordable to very low-income households; 58 units constructed  Allocation of 13 units affordable to low-income households; 9 units constructed  Allocation of 13 units affordable to moderate-income households; and 1 unit constructed  Allocation of 12 units affordable to above moderate-income households; 71 units constructed.

With a total of 61 units allocated, Monte Sereno succeeded with construction of 139 housing units, over 200% of the RHNA. There was a shortfall in production of moderate-income and low-income housing units relative to the RHNA for Monte Sereno’s 5th Housing Cycle.

Appendix E Review of Previous Housing Element E-3 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions Page 318 of 388 June 2023 Appendix E Review of Previous Housing Element E-4 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Table E-1 Overview of Adopted Program
No.

Programs/Actions
[The text provided in this column is a synopsis only; for complete program language pleasure refer to the 2015 Housing Element] Achievements/Effectiveness Continue/Modify
/Delete
Program H-1.1 Continue to require Site Development Permit approval for all new homes and to require project consistency with the City Design Guidelines.

Site Development Permits are required for all new
development, except where a discretionary hearing or
permit is prohibited by State Law (i.e., ADUs, SB 9).

In January 2022, the City Council adopted Objective
Design Standards that are applicable to ministerial
projects in accordance with State laws.

Modify
The City has modified
its code to provide for
ministerial approval
where required by
applicable law;
otherwise this
program remains in
place.

Program H-2.1 Continue to administer and improve the Second Unit Program in order to encourage the construction of additional Second Units affordable to lower income households. Specific tasks that the City will undertake include:
 Continue to survey affordability and use of Second Units;  Revise the approval process for Second Units;
 Publicize incentives for construction of new Second Units;  Continue the Second Unit amnesty program;
 Review and revise Second Unit Program to remove constraints to Second Unit development;
 Explore other innovative uses of Second Units; and
 Further amend the Second Unit Program, such as by permitting junior second units, if necessary, to achieve RHNA production goals.

The City continues to administer and improve the
Second Unit Program, now referred to as Accessory
Dwelling Units (ADUs), and has taken the following
actions:
 Continue to survey affordability and use of
ADUs;
 Continue to publish incentives for ADUs through
the City website and at City Hall front counter
(ongoing), and such incentives include waiver of
permit fees;
 Provide to the residents the Accessory Dwelling
Unit Handbook published by the State
Department of Housing and Community
Development (HCD);
 The City recently amended the local zoning code
to stay current with state regulations regarding
ADU construction;
 The City recently enacted a revised amnesty
program to encourage property owners to
legalized non-permitted ADUs without code
enforcement penalties; and
Modify
The City recently
amended its ADU
regulations to comply
with new state law
coming into effect
January 1, 2023
under SB-897 and
AB-2221. This
program will continue
as it is required by
state law under
Government Code
section 65852.2.

Appendix E Review of Previous Housing Element E-5 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 No.

Programs/Actions
[The text provided in this column is a synopsis only; for complete program language pleasure refer to the 2015 Housing Element] Achievements/Effectiveness Continue/Modify
/Delete
 The permitting process for ADUs was
streamlined to no longer require a Planning
Permit, only a building permit is required.

Additionally, the City has adopted an ordinance to allow an additional residential unit on each single-family lot in accordance with SB 9.

The annual ADU survey has found that 93% of ADUs
constructed are used as dwelling units. And 74% are
rented at very low- or low-income levels.

ADU construction contributed significantly to Monte
Sereno meeting the RHNA requirements for both the
number of new dwelling units and the affordability
categories for the 5th Cycle Housing Element.

Program H-2.2 Explore and implement if appropriate other options to provide additional affordable housing opportunities within its existing housing stock.

The City continues to explore shared housing
opportunities and programs. The City continues to
coordinate and participate with the Santa Clara County
Housing Authority to seek opportunities for affordable
housing within Monte Sereno. However, there has been
no interest from developers to construct such projects in Monte Sereno.

Due to staff turnover, proactively contacting affordable housing providers proved difficult. The city did not
proactively contact agencies.

New Program L ensures that annual agency outreach to
encourage affordable housing opportunities will be
conducted in the future by requiring such actions be
reported on with each Annual Progress Report. City
Planning Staff will track outreach measures and their
results and include a reporting out to Council and to
HCD via the Annual Progress Report.

Staff will continue to listen and track inquiries that
include increasing housing units within the City and bring innovative concepts forward for Council’s consideration.

ContinueModify to
increase
accountability and
effectiveness

Appendix E Review of Previous Housing Element E-6 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 No.

Programs/Actions
[The text provided in this column is a synopsis only; for complete program language pleasure refer to the 2015 Housing Element] Achievements/Effectiveness Continue/Modify
/Delete
As ADU construction has been the most successful way
Monte Sereno has seen new housing units constructed,
focus continues to be placed on further encouraging and incentivizing ADU construction as noted in Program H2.1 above.

Program H-2.3 Evaluate progress towards meeting its RHNA, in particular new construction objectives for extremely low, very low-, low- and moderateincome households. If the City determines that fewer than 12 Second Units are constructed every two years, the City will evaluate and implement revisions to the Second Unit program.

As noted in section 6.4 below, the City greatly
exceeded the RHNA requirements for the 5th Cycle
Housing Element. and Accessory Dwelling Units
(Second Units) were constructed filling the Very Low
RHNA numbers surpassing the City’s objectives
The permitting process for ADUs has been
streamlined to no longer require a separate Planning
application; ADUs submit for building permit only.

The City successfully constructed 12 or more ADUs
were constructed every two years during the 5th Cycle
Housing Element with a total of 86 ADUs permitted
between 2015 and 2022. The very low and low
income affordability levels of new ADUs exceeded the
RHNA requirements with 65 rented at level of Very
Low Income (23 required) and 13 at Low Income (13
required). Six ADUs that were permitted were used
for Moderate Income Leve, where 13 were required.

Also, 2 ADUs permitted were used for Above Income
Level where 12 were required; however, the 74 new
single-family houses that were permitted were all
Above Moderate Income Level, so the total new
dwelling units at this level were 76.

As 12 or more ADUs were constructed every two
years and the Very- Low and Low- Income
affordability levels were exceeded, revisions to the
ADU (Second Unit) standards were not required as
part of this Program. However, the City made many
changes to the ADU development standards and
Continue

Appendix E Review of Previous Housing Element E-7 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 No.

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/Delete
permitting process to further incentivize their
construction and compliance with intervening state
law during the 5th Cycle and in preparation for the 6th Cycle. These items are discussed in Program H-2.1
above.

Program H-2.4 Work with nearby communities to explore countywide housing needs and solutions. Provide a summary report of activities in cooperation with other jurisdictions/agencies.

The City currently participates with the Housing Trust
of Santa Clara County, the Housing Authority of
Santa Clara County and the Santa Clara County
Office of Affordable Housing. Activities and programs
include:
*Mortgage Credit Certification Program for first time
homebuyers
*2016 Housing Bond to fund housing needs of the
community’s poorest and most vulnerable residents
*Information about how to get connected to long-term
housing
*Information about emergency shelters
*Plan to tackle homelessness
*Rental assistance
Continue
Program H-2.5 Revise the Municipal Code (Section 10.05.045) Public ("P") zoning district by December 2016 to allow multifamily residential uses by right on the First Baptist Church site (17765 Daves Avenue). Make specific outreach with developers of housing affordable to lower income and special need households.
17765 Daves Avenue
In May 2016, the City Council approved Resolution
3621 to amend the General Plan designation of
17765 Daves Avenue to Public/Multi-Family
Residential, which would have allowed up to 5
dwelling units per acre on the approximately 3.5-acre
First Baptist church site. The zoning standards
discussed in the 5th Cycle Housing Element for this
site did not specify development on this site should be attached housing, rather it specified the density of up to 5 dwelling unit per acre.

Delete Completed

Appendix E Review of Previous Housing Element E-8 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 No.

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Multi-family zoning was instead established at an
alternative site (18840 Saratoga-Los Gatos Road, see
below) as a result of a referendum petition that was
filed and certified to require an election on Resolution 3621 or its repeal. As a consequence, the City
Council approved Resolution 3706 in August of 2018,
which repealed the Public/Multi-Family General Plan
Designation for 17665 Daves Avenue. This site is
currently zoned for two units an acre.

Instead of this First Baptist church site becoming the
destination for new multi-family housing during the 5th Housing Element Cycle, the City welcomed an
alternative opportunity to support housing
construction at 18840 Saratoga Los Gatos Road..

Representatives from the church site at 17765 Daves
Avenue expressly requested to have their site
included with the 6th Cycle Housing Element.
18840 Saratoga-Los Gatos Road
The City amended its General Plan and Zoning
Ordinance to allow multi-family residential uses aton
the Hacienda site ( 18840 Saratoga-Los Gatos Road,
the Hacienda site,) in June of 2018. This allowed for a new development of 36 housing units.

In June 2018, the City Council adopted a series of
resolutions (3692 through 3697) which approved
annexation and development, of an approximately

4.5-acre site to construct 36 dwellings at a density of 9 dwelling unit per acre at 18840 Saratoga Los Gatos
Road. As part of these actions, the City Council
amended the Multi-Family General Plan designation
to allow 9 dwelling units per acre instead of the
maximum 5 dwelling units per acre that was
previously allowed.

Appendix E Review of Previous Housing Element E-9 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 No.

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The project approved at 18840 Saratoga Los Gatos
Road resulted in a higher density than what was
approved for the 17765 Dave Avenue site and
contributed to housing diversity within Monte Sereno.

Only detached single-family homes existed in Monte
Sereno before this project was developed. The multifamily re-zoning locational change also resulted in overall more dwelling units constructed than what was
projected with the 5th Cycle Housing Element, as the
Saratoga Los Gatos Road site is 4.5 acres compared
with the Daves Avenue suite of 3.5 acres, which. also
resulted in overall more dwelling units constructed.

While the 5th Cycle Housing Element did not include a
requirement for the new multi-family uses to be
attached units, this project included one 4-unit
building, one 3-unit building, four 2-unit buildings, and 21 detached houses. This development resulted in
limited expansion of housing variety available within
Monte Sereno.

Staff encouraged the developer of the 18840
Saratoga Los Gatos Road developer to include
affordable units. H; however, the developer was not
interested in constructing affordable units at this site.

Moving forward, with Program G, the City will include
outreach to affordable housing/non-profit housing
developers to increase likelihood of construction of
affordable units.

The Final Map for development on the 18840
Saratoga Los Gatos Road site ( named Montalvo
Oaks), was approved on November of 2019.

Demolition of the site occurred in fall of 2019 and
grading and improvements were approved and began
in 2019. Building permits for the model homes and
sales office were issued in December of 2019.

Building Permits for the remaining 35 single-family
dwellings and one accessory dwelling unit were

Appendix E Review of Previous Housing Element E-10 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 No.

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issued in August and November 2020. Construction
was completed at the end of 2022
Outreach to Multi-Family Developers
Due to staff turnover, proactively contacting affordable housing agencies proved difficult. There is a lack of
evidence from former City staff that proactive outreach occurred during the 5th Cycle and the Program lacked
accountability measures. New Program L ensures that
annual agency outreach to encourage affordable
housing opportunities will be conducted in the future by requiring such actions be reported on with each Annual
Progress Report. City Planning Staff will track outreach measures and their results and include a reporting out to Council and to HCD via the Annual Progress Report.

New Programs G and L ensures that annual outreach is
conducted in the future by requiring such actions be
reported on with each Annual Progress Report.

Lessons Learned
City Staff has discovered through analysis of what
has occurred in Monte Sereno through the 5th Cycle
re-zoning efforts, the importance of regularly working
together with affordable housing agencies and
deepening relationships with property owners who
desire to be part of the housing crisis solution before adding sites to the Sites Inventory. Through
understanding the needs of agencies who produce
and manage housing units, additional opportunities
may be discovered and implemented to increase the
likelihood that Monte Sereno will broaden the variety
of housing options.

Going forward with SB-10 to allow multi-family units
within single-family neighborhoods (Program Q), City
Staff will include a housing-type requirement. Only

Appendix E Review of Previous Housing Element E-11 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 No.

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apartments will be allowed to be developed within
these newly zoned multi-family sites. To encourage
Program H-2.6 The City will revise the Municipal Code to:
 Allow employee housing that provides housing for 6 or fewer employees in all residential zoned areas;
 Include residential care homes, supportive housing and transitional housing as a "use by right" in RM zones; and
 Include Municipal Code Chapter 10.05 regarding SRO use as allowable in RM zones.

Modification to allow for residential care homes,
supportive housing and transitional housing in all
residential zoning districts was completed in
November 2016.

Municipal Code Chapter 10.05 now also authorizes
rental of single rooms in all residential districts.

Delete
Program H-3.1 Continue to pursue code enforcement on homes that are not maintained in compliance with City codes. On-going based on staff observations during routine visits and in response to complaints.

The City has a contract Code Enforcement Officer
who responds to code compliance complaints/issues.

Continue
Program H-3.2 Review and revise on a biannual basis the Capital Improvement Program (CIP) to identify public infrastructure priorities that will maintain the community's older residential neighborhoods.

Annually the Capital Improvement Program (CIP) and
priorities are set and approved by the City Council
during the budget setting process. The City Council
also conducts mid- year budget review to make
adjustments as needed to the CIP. Beginning with
Fiscal Year 2017-2018, the City embarked on a fiveyear Pavement Management Program to improve the overall condition of the City's neighborhoods and
focused on streets using a Pavement Condition Index
(PCI) rating of 63 (fair) to a rating of 70 (good). In
Fiscal Year 2019-2020 this goal was revised to meet
the Metropolitan Transportation Commission’s goal of
for the average PCI on local roads to be a rating of

75. As of December 2021, the City’s PCI rating is 72.
59 of the City’s 87 street segments have been
resurfaced since Fiscal Year 2017-2018.

Continue
Program H-3.3 Encourage energy conservation practices for new and existing residential dwelling units. Suggested actions include: The City has adopted and enforces the California Green Building Code. The City on an ongoing basis
provides resource material on green building and

Continue
Appendix E Review of Previous Housing Element E-12 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 No.

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/Delete
 Continue to offer streamlining and fee waivers for solar panel installations;
 Continue the "Build It Green" program and checklists;  Provide information regarding rebate programs and energy audits available through PG&E; and
 Provide resource materials regarding green building and conservation programs.
conservation programs though the Planning and
Building Departments.

In December of 2019 the City adopted the new
Residential Building Code with a local amendment
requiring pre-wiring for electric appliances regardless of the use of gas.

Program H-4.1 Support special need households (including physically and developmentally disabled) in securing affordable and appropriate housing.

The City will:
 Promote the use of Second Units;
 Continue to allow transitional housing, supportive housing and residential care facilities, including group homes for six or less persons, as a use by right in all R-1 neighborhoods;
 Annually contact nonprofit housing sponsors to coordinate and implement a strategy for developing or making housing available; and  Amend the Municipal Code to allow supportive housing, transitional housing and residential care facilities in the RM zone.

The City continues on an ongoing basis to promote
the use of Accessory Dwelling Units (second units) to
potential applicants. The City continues to allow
transitional housing, supportive housing and
residential care facilities in the R-1 zoning districts.

Modification to the Municipal Code to allow
transitional housing, supportive housing and
residential care facilities in the RM zoning district was completed in July 2016.

The City continues to coordinate and participate with the Santa Clara County Housing Authority to seek
opportunities for affordable housing within Monte
Sereno. However, there has been no interest from
developers to construct such projects in Monte Sereno.

As ADU construction has been the most successful way
Monte Sereno has seen new housing units constructed,
focus was placed on further encouraging and
incentivizing ADU construction as noted in Program
H-2.1 above.

Due to staff turnover proactively contacting non-profit housing providers proved difficult. New Programs G
(Development Incentives), Program J (Special Needs
Housing), and Program L (Shared Housing Options)L
ensure that annual outreach is conducted in the future
Continue

Appendix E Review of Previous Housing Element E-13 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 No.

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/Delete
by requiring such actions be reported on with each
Annual Progress Report.

Program H-4.2 Work to develop a plan to meet the changing needs of seniors. The City of Monte Sereno is partnering with Santa Clara County Department of Aging and Adult Services
to become part of the World Health Organization's
Global Network of Age-Friendly Cities &
Communities.

Construction of ADUs and interest in ADUs has come
from many senior members of the community who
would like to continue living on their property but can no longer afford or maintain their main house. The
construction of ADUs provide an opportunity for
senior members of the community to remain in the
community and on their property while down-sizing.

Further, the ADU program has allowed other property
owners to provide a place for their aging parents to
live nearby, but still allowing for some level of
independence.

As ADU construction has been the most successful
way Monte Sereno has seen new housing units
constructed. F, focus was placed on further
encouraging and incentivizing ADU construction as
noted in Program H-2.1 above. Staff has heard
repeatedly from senior members of the community of
their desire to age-in-place on their property and
downsize into an ADU. Reducing the constraints to
ADU construction as noted in Program HE-2.1, has
resulted in a significant increase in ADU construction
over this Planning Period. To continue to encourage
ADU construction for seniors, Programs I (Accessory
Dwelling Units) and K (Seniors and Accessory
Dwelling Units) is established to continue to
encourage this option and remove constraints..

Modify

Appendix E Review of Previous Housing Element E-14 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 No.

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/Delete
Home-sharing opportunities as an re one innovative
approach to expanding housing variety for seniors.

Program L in Chapter 2 commits the City to pursuing
this option in partnership with agencies such as
Project Sentinel.

Program H-4.3 Review existing procedures and identify revisions to the City's procedures in order to expedite the development review process. The City implemented a Permit Tracking system for the Building Permit process in July of 2020. The
system enables the electronic tracking of the Building
Permit process including multi-departmental review
and scheduling of inspections. The system
streamlines the review of permits and dissemination
of comments to the applicants from the various
departments' review of the permit.

Additionally, the City added an electronic Planning
permit tracking system which tracks the status of all
Planning applications, pending reviews, and items
scheduled for public hearing. This streamlines the
application tracking for staff by providing automated
project status and reporting.

Continue
Program H-5.1 Continue to implement its "Reasonable Accommodations" procedures as contained in the Municipal Code.

The City continues to implement its Reasonable
Accommodation procedure. During the 2021 calendar
year the City did not receive any requests for
Reasonable Accommodation.

Continue
Program H-5.2 Provide written information on fair housing laws and resources at the Planning Department counter as well as on the City's website.

Written information on Fair Housing is available at the planning front counter and City's website. The City will continue to promote Project Sentinel as a resource for
fair housing information and advisory services. The City has received no complaints of discrimination in calendar year 2021.

Continue

Appendix E Review of Previous Housing Element E-15 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 According to HCD’s Annual Progress Report Summary (August 3, 2022), Monte Sereno was on pace to achieve its housing program goals. It surpassed its total RHNA by 61 units for a total of 139 housing permits issued. To date, accessory dwelling units permitted and constructed or under construction serve as very low-income units. According to a post-construction City survey, the majority of the units rented at an amount affordable to very low-income households. Table E-2 provides details of Monte Sereno’s success in housing element implementation.

Table E-2 Housing Permits Issued, 2015-2023
RHNA Permits Percent
Very Low 23 58 41.7%
Low 13 9 6.5%
Moderate 13 1 0.7%
Above Moderate 12 71 51.1%
Total 61 139 100.0%
SOURCE: HCD Annual Progress Report Summary, September 28, 2021 Preservation of “At Risk” Units
According to data from the California Housing Partnership’s Preservation Database that was included in the 2015 Housing Element, there were no assisted units in Monte Sereno in the Preservation Database.

Rehabilitation of Existing Units
The City had identified no quantified objective for housing rehabilitation in the 2015-2013 planning period.

Providing for Unhoused Individuals and Families
Homelessness remains an urgent challenge in many communities across the state, reflecting a range of social, economic, and psychological factors. Rising housing costs result in increased risks of community members experiencing homelessness. While the City’s unhoused population is extremely low, nonetheless the City participated in local and regional programs to improve the housing options and pathways for individuals experiencing homelessness.

Locally, Program P dictates a zoning amendment to permit low barrier navigation centers without discretionary action and in compliance with state law. Program R commits the City’s participation in regional Homelessness programs. As shown in the Santa Clara County 2022 Point-In-Time survey, the unhoused population has increased in the West Valley region. Regional efforts include pursuing a HomeKey Permanent Supportive Housing project, supporting safe parking programs, cold weather shelter, and hiring an unhoused specialist.

Appendix E Review of Previous Housing Element E-16 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Legislative Changes
For the 5th cycle Housing Element update, as part of its commitment to reach substantial compliance with California Department of Housing and Community Development regulations.

Several programs included the adoption of ordinance amendments to meet the housing needs of the Monte Sereno community: Programs E (Review SB 9 Regulations), Program H (Employee Housing), Program I (Accessory Dwelling Units), Program P (Low Barrier Navigation Center), and Program S (Allow SRO Units in all Zoning Districts) all include ordinance changes that provide legal authority and ability to act towards the City’s housing goals.

Partnership Efforts
The City has worked in partnership with other West Valley cities to pursue and support HomeKey Permanent Supportive Housing project, support safe parking programs, cold weather shelter, and hiring an unhoused specialist. The City has also worked with the Housing Trust of Santa Clara County, The Housing Authority of Santa Clara County and the Santa Clara County Office of Affordable Housing.

Programs Not Completed
During the 5th Housing Element Update cycle, the City of Monte Sereno pursued 15 programs to meet its housing objectives. Of those 15, 13 are not yet completed or are ongoing. The following programs are ongoing:
• Program H-1.1-2.4 is ongoing and shall continue into the 6th Element Housing Element Update cycle;
• Program H-2.5 was modified and completed in the 5th Element cycle; • Program H-2.6 was completed in the 5th Element cycle; • Programs H-3.1-4.1 are ongoing and shall continue into the 6th Element cycle; • Program H-4.2 is on-going and shall continue int the 6th Element cycle; • Programs H-4.3-5.2 are ongoing and shall continue into the 6th Element cycle.

Housing and Services for Special Needs Populations
The City continues to coordinate and participate with the Santa Clara County Housing Authority to seek opportunities for affordable housing within Monte Sereno. However, there has been no interest from developers to construct such projects in Monte Sereno. As ADU construction continues to be the most successful way Monte Sereno has seen new housing units constructed, the City remains focused on further encouraging and incentivizing ADU construction.

Appendix E Review of Previous Housing Element E-17 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 E.4 Appropriateness in Goals, Objectives and Policies
The goals, objectives, and policies identified in the 2015 Housing Element were appropriate for the 2015-2023 timeframe because they directly relate to the program requirements listed by the California Department of Housing and Community Development. The net result of the City’s goals, objectives, and policies was that Monte Sereno was able to achieve 228 percent of its regional housing needs allocation. While the City fell short on low- and moderate-income units, it exceeded its very low-income allocation by 252 percent (23 needed v. 58 produced) and its above moderateincome allocation by 591 percent (12 needed v. 71 produced).

Appendix E Review of Previous Housing Element E-18 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 As for removing governmental constraints, the City successfully amended its development regulations, providing no separate Planning review for ADUs or JADUs. These are reviewed as part of the building permit process. This saves time for the applicant as a separate ministerial review by Planning is not required, the Planning and Building reviews occur concurrently.

E.5 Summary – Overall Effectiveness of Programs
The City of Monte Sereno experienced more development than projected in its Quantified Objectives (139 permits issued v. 61 projected). It met or exceeded its RHNA allocation for very low-income and above moderate-income households. For other income segments, the City has modified our programs to improve effectiveness in these categories.

Additionally, Monte Sereno approved the first multi-family project within the newly annexed area of the city, which was at a density almost twice what was previously allowed in the multi-family zoning district. This is an important step, acknowledging the depth and importance of facilitating multifamily housing within jurisdiction boundaries and Monte Sereno is committed to continually improving Monte Sereno’s programs and policies to promote these ideals.

Programs geared toward promoting housing variety, mobility, and affordability from Monte Sereno’s attempt in the 5th Cycle attempt has galvanized the primacy and effectiveness for expanding on an ADU approach for the 6th Cycle Housing Element. The City has , with clear goals for pursuing increased density through tools such as the optional SB-10 state law, within Program Q. Further, the following are excerpted evaluations for five of the most meaningful programs from the prior cycle and how the Sixth Cycle Housing Element includes modifications to increase efficacy (if applicable)::
 Program HE-2.1 (Evaluate ADU): ADU construction contributed significantly to Monte Sereno meeting the RHNA requirements for both the number of new dwelling units and the affordability categories for the 5th Cycle Housing Element. The City has recently adopted current state ADU law and remains open to continue proactively resolving community constraints to development;
 Program HE-2.2 (Explore Other Affordable Housing Options) The City continues to explore shared housing opportunities and programs. The City continues to coordinate and participate with the Santa Clara County Housing Authority to seek opportunities for affordable housing within Monte Sereno. However, there has been no interest from developers to construct such projects in Monte Sereno. The City acknowledges staff turnover has been an issue and shall implement new internal processes to preserve institutional knowledge to ensure proactive outreach continues to be done and innovative exploration of affordable housing opportunities is not stalled.

Appendix E Review of Previous Housing Element E-19 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023  Program HE-2.3 (ADU Monitoring): Many changes were made to the ADU development standards and permitting process to further incentivize their construction; Specifically, the 6th Cycle includes an ADU amnesty program, establishes new incentives (including a permit fee waiver/reduction program), and augments outreach including pre-approved ADU plans;  Program HE-4.1 (Special Needs; Elderly, Persons with Disabilities, Farmworkers, Persons Experiencing Homelessness): The City continues to coordinate and participate with the Santa Clara County Housing Authority to seek opportunities for affordable housing within Monte Sereno. However, there has been no interest from developers to construct such projects in Monte Sereno. As ADU construction continues to be the most successful way Monte Sereno has seen new housing units constructed, the City remains focused on further encouraging and incentivizing ADU construction. The City residents shall be has been informed through our outreach efforts that ADUs are particularly beneficial in a community for meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness), for reasons similar to Monte Sereno residents who have gravitated to single-family homes on large lots;  As mentioned in Table E-1 on page E-10, the City has implemented new tracking processes to prevent staff turnover from reducing the effectiveness of the program; and  Program HE-4.2 (Senior Housing - Elderly): Monte Sereno remains open to supporting innovative housing opportunities for seniors. Construction of ADUs and interest in ADUs has come from many senior members of the community who would like to continue living on their property but can no longer afford or maintain their main house. The construction of ADUs provide an opportunity for senior members of the community to remain in the community and on their property while down-sizing. ADUs enable new construction to include universal design and single-story units that enable passive income through primary home rentals. Further, the ADU program has allowed other property owner to provide a place for their aging parents to live nearby, but still allowing for some level of independence. The City also continues to explore other options to further meet the needs of its senior population such as Shared Housing;  Program H (page 2-8; Farmworkers): This program confirms the City’s commitment to increase the allowed zoning areas for employee housing serving six or fewer agricultural employees. Under Program H, this affordable housing type shall now be allowed in all residentially zoned areas. Given that this promotes an increase in affordable rental housing opportunities, the City has deemed this program effective for this segment of the population;  Program L (page 2-12; Large households -Shared Housing Options): The City commits to explore and implement other options to provide additional affordable housing opportunities within its existing housing stock, including Shared Housing Options. Shared Housing or renting rooms would be most appropriate for a community such as Monte Sereno that has many large housing units capable of housing more people. Via Program L, the City has committed to

Appendix E Review of Previous Housing Element E-20 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 contacting shared housing agencies annually and publicize opportunities on the City website to share housing, including the new Silver Nest program through Project Sentinel; and  Program P (page 2-14; Low Barrier Navigation Center – Persons Experiencing Homelessness):

Program P dictates a zoning amendment to permit low barrier navigation centers without discretionary action and in compliance with state law.

Again, aAs ADU construction has been the most successful way Monte Sereno has seen new housing units constructed. Taking this data into consideration,, focus was placed on further encouraging and incentivizing ADU construction as noted in Program H-2.1 above. The cumulative effectiveness of the 5th Cycle goals, policies, and related actions has overall positively impacted the number and types of housing units available within Monte Sereno, with any issues affecting program’s effectiveness being resolved with needed modifications. Programs have been modified These modifications address appropriate to community input and were done in preparation for a nimble mid-cycle revision for re-zoning considerations.

Appendix E Review of Previous Housing Element E-21 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 This side intentionally left blank.

List of Contacted Organizations

APPENDIX
F

Table of Contents
APPENDIX F LIST OF CONTACTED ORGANIZATIONS......................................................F-1 F.1 Introduction ........................................................................................................................... F-1 F.2 List of Contacted Organizations......................................................................................... F-1 F.3 City Contact List.................................................................................................................... F-4 F.4 Tribal Consultation ............................................................................................................... F-5

Appendix F List of Contacted Organizations F-1 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Appendix F
List of Contacted Organizations
F.1 Introduction
This appendix provides the names of organizations, tribal units, and other stakeholders that were contacted during the preparation of Monte Sereno’s 6th Cycle Housing Element. In addition to these contacts, the City created a dedicated website called: “At Home in Monte Sereno” which can be found at https://athomeinmontesereno.com/. This website provides a portal to all of the housing-element-related public engagement activities that were available to members of the public during the update process. This includes information on housing element basics, site surveys, an SB 9 survey, and materials from community workshops.

F.2 List of Contacted Organizations
This section provides contact information for organizations and agencies in the San Francisco Bay Area that were contacted during housing element preparation.  Association of Bay Area Governments
Bay Area Metro Center
375 Deale Street, Suite 700
San Francisco, CA 94105
[email protected]
415-820-7900
 Aleli Sangalang
Deputy Executive Director of Housing
Santa Clara County Housing Authority
505 W Julian St,
San Jose, CA 95110
408-275-8770
 Santa Clara County Social Services Agency
353 West Julian,
San Jose, CA 95110
[email protected]
408-755-7100

Appendix F List of Contacted Organizations F-2 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023  African American Community Service Agency
304 N. 6th Street
San Jose, CA 95112
[email protected]
408-292-3157
 Susan Alexander Kim
Secretary
Korean American Community Services
1800-B Fruitdale Ave.

San Jose, CA 95128
[email protected]
408-920-9733
 Lindsey Caldwell
Division Director of Emergency Programs & Housing Services Catholic Charities of Santa Clara County
2625 Zanker Road
San Jose, CA 95134-2107
[email protected]
408-468-0100
 Poncho Guevara
Executive Director
Sacred Heart Community Service
1381 South First St.

San Jose, CA 95110
408-278-2160
 Bay Area Legal Aid
4, N 2nd St #600
San Jose, CA 95113
408-283-3700
 United Way Bay Area
1400 Parkmoor Ave
San Jose, CA 95126
408-345-4300

Appendix F List of Contacted Organizations F-3 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023  Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
 City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
 City of Campbell
70 N. First Street
Campbell, CA 95008
 Los Gatos-Saratoga Union High School District
17421 Farley Road W
Los Gatos, CA 95030
 Campbell Union School District
155 N. 3rd Street
Campbell, CA 95008
 Saratoga Union School District
20460 Forrest Hills Drive
Saratoga, CA 95070
 Los Gatos Union School District
17010 Roberts Road
Los Gatos, CA 95032
 Santa Clara County Valley Water
5750 Almaden Expressway
San Jose, CA 95118
 San Jose Water
1251 S. Bascom Avenue
San Jose, CA 95128

Appendix F List of Contacted Organizations F-4 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023  California State Water Resources Control Board
1001 I Street
Sacramento, CA 95814
 Bay Area Air Quality Management District
375 Beale Street, #600
San Francisco, CA 94105
 Santa Clara County Fire Department
14700 Winchester Boulevard
Los Gatos, CA 95032
 California Board of Forestry and Fire Protection
715 P Street
Sacramento, CA 95814
F.3 City Contact List
This section provides contact information for City officials that were contacted during housing element preparation.
 Steve Leonardis
City Manager
[email protected]
408-354-7635
 Diana Perkins, AICP
City Planner
[email protected]
[email protected]
408-354-7635 x116
 Engineering Department.
[email protected]
408-354-7635

Appendix F List of Contacted Organizations F-5 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023  Reynold Samoranos
Finance Officer
[email protected]
408-354-7635
 Building Department
[email protected]
408-354-7635
 Peter Decena
Chief of Police
Los Gatos-Monte Sereno Police
[email protected]
408-354-8600
F.4 Tribal Consultation
This section provides contact information for tribal consultation that were contacted during housing element preparation
 Amah Mutsun Tribal Band
Valentin Lopez, Chairperson
P.O. Box 5272 Galt, CA, 95632
Phone: 916-743-5833
[email protected]
 Amah MutsunTribal Band of Mission San Juan Bautista
Irenne Zwierlein, Chairperson
789 Canada Road Woodside, CA, 94062
Phone: 650-851-7489
Fax: 650-332-1526
[email protected]
 Indian Canyon Mutsun Band of Costanoan
Ann Marie Sayers, Chairperson
P.O. Box 28 Hollister, CA, 95024
Phone: 831-637-4238
[email protected]

Appendix F List of Contacted Organizations F-6 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023  Muwekma Ohlone Indian Tribe of the SF Bay Area
Charlene Nijmeh, Chairperson
20885 Redwood Road, Suite 232
Castro Valley, CA, 94546
Phone: 408-464-2892
[email protected]
 Muwekma Ohlone Indian Tribe of the SF Bay Area
Monica Arellano
20885 Redwood Road, Suite 232
Castro Valley, CA, 94546
Phone: 408-205-9714
[email protected]
 North Valley Yokuts Tribe
Timothy Perez, MLD
Contact P.O. Box 717
Linden, CA, 95236
Phone: 209-662-2788
[email protected]
 North Valley Yokuts Tribe
Katherine Perez, Chairperson
P.O. Box 717 Linden, CA, 95236
Phone: 209-887-3415
[email protected]
 The Ohlone Indian Tribe Andrew Galvan
P.O. Box 3388 Fremont, CA, 94539
Phone: (510) 882-0527
Fax: 510-687-9393
[email protected]
 The Confederated Villages of Lisjan Corrina Gould, Chairperson 10926 Edes Avenue Oakland, CA, 94603
Phone: 510-575-8408
[email protected]

Public Comments Received G

APPENDIX

Appendix G Public Comments Received G-2
EMC Planning Group
Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023
Table of Contents
30TAPPENDIX G PUBLIC COMMENTS RECEIVED30T ..................................................................G-1 30TG.130T 30TIntroduction30T ...........................................................................................................................G-1 30TG.230T 30TPublic Comments Received30T .................................................................................................G-1

Appendix G Public Comments Received G-1 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Appendix G
Public Comments Received
G.1 Introduction
This appendix provides a listing of each public comment received during the preparation of Monte Sereno’s 6P thP Cycle
Housing Element as well as a response as to how each comment has been addressed.

G.2 Public Comments Received and Responses
Table G-1 Public Comments Received and Responses
Comments Response and Reference in Housing
Element
#001 Posted by Chuongv on 08/27/2022 at 7:27pm
Typo, it's RHNA, not RHND
Accepted and resolved.

#002 Posted by Edgardo on 08/10/2022 at 2:36pm
It would be nicer if you replace the word "Latinx". It looks, sounds, and is ridiculous for most native Spanish speaking people like my family, friends and myself. "Latinos" is the grammatically correct word that includes all.

Accepted and resolved.

#003 Posted by Heidi Aggeler on 08/19/2022 at 10:50am
Recommend utilizing the primary findings section in the AFFH here instead of the segregation analysis (which is a bit overly technical for a summary section). Those findings more directly MS demographics to housing choice.

Primary findings added as a new
section in Appendix A.
#004 Posted by Edgardo on 08/10/2022 at 2:37pm
See above comment on replacing the ridiculous Latinx word by the correct word:

Latinos.

Accepted and resolved.

#005 Posted by Qiaodan412 on 09/07/2022 at 12:53am
As much as I wanted to agree the digital tools and technology could bring The city of Monte Sereno and their residents closer, unfortunately, the outreaching was far from enough based on my own experience. As a resident that is very interested in and trying to closely follow up the housing element updates, I found myself hard to navigate among multiple resources to get the latest updates. The website is not very Revised the Community Engagement
section to include more details about
the outreach efforts.

Appendix G Public Comments Received G-2 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Comments Response and Reference in Housing
Element
dynamic with not much engagements. I would be curious to see how much actual activities there has been from the website since the creation. 'Bang the Table" sounds a great integrated tools except unfortunately this is the first time I've heard of this through this documentation, although I've attending counsel meetings, browsing City's websites periodically. Apparently, there has been little advertising about any of the communication routes that mentioned here and that makes them not accessible to most of the residents. I just can't see how this is inclusive and meaningful.
#006 Posted by Chuongv on 08/27/2022 at 7:34pm
Why is there no information on the current permit processing timelines? I think it
would be important to identify it now, rather than create a program to review it later.

This is important to the success of the Housing Element.

Permit processing timelines are
discussed in Appendix C, page C‐13
“Processing and Permit Procedures”
Appendix C, Page C-13
#007 Posted by Heidi Aggeler on 8/19/2022 at 11:03am
This should be done immediately. The additional restrictions to SB 9 developments added by the City Council in 2022 should be repeal without delay, to show that the city really intents to meet its RHNA obligations.

The timeline for Program E, to review
the SB9 regulations, has been
prioritized to be reviewed in 2023‐2024.

#008 Posted by Edgardo on 8/12/2022 at 11:16am
Recommend separating special populations' access to housing and enforcement of fair housing laws as these can be two distinct efforts.

Also include all protected classes under CA law: Race, national origin, citizenship/immigration status, primary language, age, religion, disability, sex (including gender identity and sexual orientation), genetic information, marital status, family status (including pregnancy), source of income, and military or veteran status.

Accepted and resolved.

#009 Posted by Heidi Aggeler on 08/19/2022 at 11:38am
Seniors in Monte Sereno are disproportionately white (see figure II‐3) yet the need in the city is to expand housing choice for Hispanic persons and families and other people of color, as the city has much lower representation than the county or region overall. There needs to be policies that directly address the contributing factors identified in the AFFH, which include:

1. Lack of housing that accommodates the lower incomes of people of color, resulting in a lack of diversity in the city.

2. The predominance of single family detached housing in the city has led to an exclusive and high‐priced ownership housing market relative to Santa Clara County and the Bay area overall.

We agree with Heidi’s suggestion to add
the following:

Policy 2.1, Support expansion of
housing choice for persons and families
who are underrepresented in the city
relative to the county by developing
affordable housing, more diverse and
affordable housing types, and
affirmatively market availability of units
constructed to under‐represented
households in the county (e.g., through
local employers, nonprofit partners,
affordable housing listing services).

Appendix G Public Comments Received G-3 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Comments Response and Reference in Housing
Element
Both of these CFs should be high priority. Recommend turning the recommendations in the AFFH into specific policies AND modifying Policy 2.1 and Policy 2.2 to be more responsive to the AFFH needs. For

2.1, make into two policies with the first being: Support expansion of housing choice for persons and families who are underrepresented in the city relative to the county by developing affordable housing, more diverse and affordable housing types, and affirmatively marketing availability of those units to under‐represented households in the county (e.g., through local employers, nonprofit partners, affordable housing listing services).

Policy 2.2 could be strengthened with a statement that the housing options are affirmatively marketed to under‐represented households in the county (e.g., nonprofit partners who serve seniors of color).

Policy 2.2 [please add that] housing
options are affirmatively marketed to
underrepresented households in the
county (e.g., nonprofit partners who
serve seniors of color).

#010 Posted by Heidi Aggeler on 8/19/2022 at 11:11am
This would be great! Let's do it now. No good reason to wait for the 2025‐6 period, if the city is serious about meeting the RHNA goals. [Editor’s note‐ following is the text referred to with this comment:
“Establish preapproved ADU plans that meet all building, fire, and zoning codes. This would assist property owners with the planning of a new ADU by lowering design costs and streamlining the architectural work.

Monte Sereno will work with the Santa Clara County Housing Collaborative on the option of coordinating this program with other local jurisdictions.”]
Meetings to achieve this program have
been initiated. Many jurisdictions are
included with this effort and Monte
Sereno is committed to supporting the
earliest timeline available through this
effort. Since Monte Sereno is one of
many jurisdictions who are collectively
working to achieve this program, there
is a limited amount of impact that Monte
Sereno may have for the project
timeline.

No change to the Housing Element.
#011 Posted by HAYES on 09/08/2022 at 3:47pm
We have tried unsuccessfully to find any reference to SB9 in this document so are adding our comment here. Apologies if this is not the correct location! The City of Monte Sereno (CoMS) has effectively frustrated the letter of the law and the intent of SB9 by only allowing two (2) 800 square foot MAXIMUM buildings on a split lot. We attended the CoMS meetings that came to this decision ‐ a decision clearly 180º to the recommendations of their own professional staff ‐ and it was obviously driven by a clear NIMBY intent. We find it galling that CoMS did not take this opportunity to add housing in Monte Sereno via the SB9 option ‐ what they have come up with was designed and intended to fail.

Professional developers have estimated that the number of lots in Monte Sereno that a proper implementation of SB9 was available to was in the low single digits percentage‐wise. Forgive us them if we are then skeptical of the sincerity of this Monte Sereno 6th Cycle Housing Element Update.

As noted in response to comment 007,
The timeline for Program E, to review
the SB9 regulations, has been
prioritized to be reviewed in 2023‐2024.

Appendix G Public Comments Received G-4 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Comments Response and Reference in Housing
Element
#012 Posted by Edgardo on 8/12/2022 at 11:17am
Use person first language: "people with disabilities"
Accepted and resolved.

#013 Posted by Edgardo on 08/12/2022 at 11:12am
Again, the extra restrictions imposed by the City Council on ADUs beyond state law should be removed immediately if the city is serious about meeting its RHNA obligations.

An item has been added to Program I to
review local ADU regulations that are
more restrictive than State laws.

#014 Posted by Heidi Aggeler on 8/19/2022 at 11:18am
Yes, this is an obvious one! The city should not be limiting house sharing or room rentals at all, if it is serious about helping mitigate the housing crisis, and/or if it respects the owner's property rights.

Thank you for your support for Shared
Housing Options. Between the public
and HCD draft, we have learned about
a new program that Project Sentinel is
initiating:

Silver Nest. This has now been
incorporated with “Shared Housing
Options.”

#015 Posted by Edgardo on 8/12/2022 at 11:20am
Should also include an evaluation of the infrastructure improvements needed to reduce barriers to the construction of affordable and workforce housing. As it reads, this could have the effect of prioritizing infrastructure investments that support the status quo and do not expand housing choice.

Thank you for this comment. Most utility
infrastructure (water, sewer) are
separate agencies (Valley Water, and
West Valley Sanitation). The city does
not currently have any traffic signals in
the city.

No change to the Housing Element
#016 Posted by Heidi Aggeler on 08/19/2022 at 11:21am
See earlier comment on including all protected classes.

Accepted and resolved.

#017 Posted by James Hall on 08/10/2022 at 3:01pm
Monte Sereno also has many self‐employed, remote workers since COVID‐19, and retirees.

Comment noted
#018 Posted by Edgardo on 08/12/2022 at 11:26am
Please delete "of people of color" since this affects all people.

Accepted and resolved.

Appendix G Public Comments Received G-5 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Comments Response and Reference in Housing
Element
#019 Posted by qiaodan412 on 09/07/2022 at 1:39am
The city do has many vacant lot that capable of building additional housing unit. But the constrain is the zoning that won't allow to build multi family or lot subdivision. The individual lot size in Monte Sereno is significant greater comparing to other city in Santa Clara County. The bigger lot zoning such as R144 is obsolete zoning that is not practical in nowadays any more. Down zoning will provide opportunities to house owners to have an option to subdivision and having permit to build multiple single families.

Comment noted
#020 Posted by edgardo on 08/12/2022 at 11:35am
Again, please replace the weird/wrong word Latinx by Latinos, which is not only the grammatically correct word, but also the word used by almost all people identified by that category.

Accepted and resolved.

#021 Posted by James Hall on 08/10/2022 at 3:09pm
Annual property taxes likely are a significant factor in the number of renters versus home owners.

Comment noted.

No change to the Housing Element
#022 Posted by qiaodan412 on 09/07/2022 at 1:19am
Is there any number to show how much of the rental inventory? Rental in Monte Sereno is generally very low.

According to Census data, there are
approximately 73 renter‐occupied
households in Monte Sereno, or 6.5
percent of the total households.

#023 Posted by James Hall on 08/10/2022 at 3:11pm
In 2020, based on current zoning:

The section commented on the 2020
status of housing variety in Monte
Sereno.

No change to the Housing Element
#024 Posted by James Hall on 08/10/2022 at 3:13pm
Many senior homeowners in Monte Sereno are long‐time residents and have a pre‐ Prop 13 property tax basis.

Comment noted.

No change to the Housing Element
#025 Posted by qiaodan412 on 09/07/2022 at 2:12am
The decision based on the feedback seems biased. You do get at least one interest from the 22 property owners and no objection from any of property owners. So it can be interpreted as they either not getting the information or they have no objection for doing the rezoning. On the other hand, you get several against the rezone and those are not even the property owner, then why their opinion takes precedence over property owners?
Section 4.3 revised.

Appendix G Public Comments Received G-6 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Comments Response and Reference in Housing
Element
#026 Posted by qiaodan412 on 09/07/2022 at 1:48am
As you've mentioned earlier of this documentation, 5th cycle has a significant increased RHNA comparing to 5th cycle due to the increased housing demand. So the success of ADU strategy in 5th cycle can not be a good preview of what it would be for 6th cycle any more. Monte Sereno need more variety of housing choices. solely ADU strategy is not a sincerely spirit to address the housing element. The number of ADU may seems meet the requirements. But if looking deeper into the rental inventory and ADU usability, it is hard to justify ADU alone is the best effort and the necessary intention for Monte Sereno to do providing enough affordable houses. Monte Sereno definitely should consider a combination of multiple strategy to better server the need.

Section 4.3 revised.
#027 Posted by qiaodan412 on 09/07/2022 at 1:53am
The survey Monte Sereno had been collected about SB9 clearly showed that the reason SB9 is not getting enough interest in Monte Sereno was because of the current ordinance, mainly because of the size limitation for building a SB9 unit. Without the modification, it is hard for home owner to develop with SB9 because it is not economically practical.

As noted in response to comment 007,
The timeline for Program E, to review
the SB9 regulations, has been
prioritized to be reviewed in 2023.
#028 Posted by James Hall on 08/10/2022 at 3:20pm
Zoning flexibility will be key to meeting RHNA targets. However, lot conversion through re‐zoning is not always easy. Neighbors of adjoining lots must also agree to changes.

Comment noted.

No change to the Housing Element
#029 Posted by Anne on 08/27/2022 at 9:43pm
Sending letters to 20 homeowners and one church is not "extensive effort." If you want to know whether properties would be developed, you ask developers. Ask some local for profit developers if they'd want to develop some of those one acre and one and a half acre plots, if they could put up to 30 du/acre with appropriate development standards. I'm confident they would, and the City Council feels the same way, judging by the way they are trying to avoid rezoning. If Monte Sereno is so confident that no one would redevelop in their city if they were allowed to, then you have only to upzone the entire city to 75 du/acre, no setbacks, no parking minimums. With your expressed confidence that no one would redevelop if they could, you could do that with safety. And since HCD would disagree, you'd have your Housing Element accepted easily. No, no, nobody is fooled here. You're not rezoning because you know that if you did, developers would develop.

Comment noted.

No change to the Housing Element
#030 Posted by edgardo on 08/12/2022 at 11:44am
If this is true, all restrictions beyond state law should be immediately removed.

As noted in response to comment 007,
The timeline for Program E, to review
the SB9 regulations, has been
prioritized to be reviewed in 2023.

Appendix G Public Comments Received G-7 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Comments Response and Reference in Housing
Element
#031 Posted by Anne on 08/27/2022 at 9:33pm
20 property owners. 19310 Bicknell Rd and 19190 Bicknell Rd are not addresses in Monte Sereno.

Section 4.3 revised.
#032 Posted by chuongv on 08/27/2022 at 9:07pm
The city has something like ~1200 single family homes, you think close to 10% of the homes will develop an ADU? What about an overlap with SB 9.

It is possible for property owners to use
the ADU allowances in conjunction with
the SB9 allowances. As noted in
response to comment 007, The timeline
for Program E, to review the SB9
regulations, has been prioritized to be
reviewed in 2023.
#033 Posted by chuongv on 08/27/2022 at 7:43pm
This seems like a very weak attempt of getting more housing. There are many things the city could do that could facilitate more housing. The city could go above and beyond SB 9 and develop their own program that allows more units to be built than SB 9. Why is the city simply giving up here?
As noted in response to comment 007,
The timeline for Program E, to review
the SB9 regulations, has been
prioritized to be reviewed in 2023.
#034 Posted by Edgardo on 8/12/2022 at 11:52am
This is a red flag likely to invite litigation and rejection of this document.

Where is the clear plan for those missing 71? If it's in this document, please add a reference to that/those page/s.

The HCD draft includes a full Site
Inventory to meet RHNA.
#035 Posted by qiaodan412 on 09/07/2022 at 1:54am
table title is misleading. these are just estimated unit allocation. But the title makes it sounds they are available site that toward the 193 units, which may not be true
Accepted and resolved.

#036 Posted by chuongv on 08/27/2022 at 7:46pm
How many SFH lots are actually eligible for SB 9? It be good to get a general idea of how many lots are eligible so HCD can get a picture of the chances of success with SB 9. Can the city update their zoning ordinance to allow more lots to be split rather than just relying on SB 9? All single family lots can use the SB9
provisions. As noted in response to
comment 007, The timeline for Program
E, to review the SB9 regulations, has
been prioritized to be reviewed in 2023.
#037 Posted by edgardo on 8/12/2022 at 11:47am
Easy to solve: Immediately remove all SB 9 limitations beyond state law.

As noted in response to comment 007,
The timeline for Program E, to review
the SB9 regulations, has been
prioritized to be reviewed in 2023

Appendix G Public Comments Received G-8 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Comments Response and Reference in Housing
Element
#038 Posted by Edgardo on 8/12/2022 at 11:49am
This is absolutely not true. Although politically difficult for council members, rezoning is also a practical solution.

Comment noted.

No change to the Housing Element.
#039 Posted by edgardo on 8/12/2022 11:56am
Again, please fix this.

Accepted and resolved.

Page A-17
#040 Posted by edgardo on 8/12/2022 11:57am
Again, please fix this error.

This image is controlled by a group who
is not able to make a quick fix to the
graphic. We will honor this request with
future iterations.
#041 Posted by edgardo on 8/12/2022 12:00pm
Again, please fix this error.

This image is controlled by a group who
is not able to make a quick fix to the
graphic. We will honor this request with
future iterations.
#042 Posted by edgardo on 8/12/2022 12:03pm
Another instance to fix.

This image is controlled by a group who
is not able to make a quick fix to the
graphic. We will honor this request with
future iterations.
#043 Posted by edgardo on 8/122022 12:03pm
And here too.

This image is controlled by a group who
is not able to make a quick fix to the
graphic. We will honor this request with
future iterations.
#044 Posted by Anne on 8/27/2022 9:27pm
Why are we seeing Zillow data from December of 2020? On Aug. 26, 2022, Zillow says the typical Monte Sereno house was worth $4.1 million, and prices had gone up 11.3% in the last year. Why is stale data being reported here?
Comment noted. This information and
all data sources for demographic data
were provided through ABAG and their
sub‐consultants and the data sources
and timeline has been considered
relevant and appropriate for the 6th
Cycle Housing Element update.
#045 Posted by Anne on 8/27/2022 9:31pm
Wait, what? 46 units in three and a half years is ~13 units a year, or 105 for eight years. Not 120. This is simple math. 8*46/3.5 = 105.142857143 Revised.

Page C-8

Appendix G Public Comments Received G-9 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Comments Response and Reference in Housing
Element
#046 Posted by Anne on 08/27/2022 at 9:24pm
We need to see the results of that survey, with the numbers, and with an indication of how many of the new ADUs are being used for homes for people. A lot of ADUs in Monte Sereno are home offices and pool houses. So how can 80% of them be low income housing? Pool houses are not low income housing.

Historic ADU affordability and use of the
structures was reported based on
surveys conducted by the city and
completed by the property owners
constructing the ADU. ADU affordability
is projected based on methodology
provided by ABAG.
#047 Posted by Anne on 8/27/2022 9:19pm
SEVEN parking spaces? Requiring seven parking spaces is a constraint, and should be mitigated by removing that constraint. Six parking spaces and five parking spaces are also constraints.

The parking requirements commented
on are for lots that do not have any on‐
street parking. The un‐covered parking
spaces can be in tandem, within the
setback areas, and include driveway
spaces. Staff has not received feedback
from project applicants stating this
requirement is a constraint.
#048 Posted by Anne on 08/27/2022 at 9:19pm
So, two parking spaces for a studio apartment? That's more space for the cars than for the people.

The parking standards commented on
are for single‐family houses, duplexes,
and triplexes.
#049 Posted by Anne on 8/27/2022 at 9:17pm
8‐14 months on the flat, and more on hillsides? That is slow. That is a constraint. The Housing Element should explain how the city plans to mitigate it.

See the Appendix C Table 5
“Comparison of Permit Processing
Times” for a comparison to other Santa
Clara County jurisdictions. Also note,
Chapter 2 has Program A to Improve
Permit Processing Timelines.
#050 Posted by Anne on 8/27/2022 9:15pm
This is letters sent to 20 property owners. Two of the letters on Bicknell, the two that start with 19, are not actual addresses on Bicknell. And 13 of the letters are listed twice. So, 20 property owners.

Accepted and resolved.

Page D-1
Email from Valley Water dated August 30, 2022
This comment has resulted in an expansion of Monte Sereno Housing Element Programs. The new program is a Reach Code for water conservation, which will be incorporated with the City’s 2022 Building Code adoption in late 2022.

Program W
Letter from West Valley Community Services dated September 21, 2022
Programs have been updated as
recommended.

Appendix G Public Comments Received G-10 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Comments Response and Reference in Housing
Element
Letter from Anne Paulson, South Bay YIMBY dated September 8, 2022
The sites inventory has been updated in
Chapter 4 to include other housing
types in addition to newly created
ADUs. Additional details have also been
added to Chapter 4 to describe the
annual survey of ADU usage that is
conducted by the City. The City has
committed to zoning for multifamily by
January 2024. Programs have been
updated with more specific
commitments and revised prioritization
of completion for each program,
Letter from Keith Diggs, YIMBY Law dated September 8, 2022 The sites inventory has been updated in Chapter 4 to include other housing
types in addition to newly created
ADUs. Additional details have also been
added to Chapter 4 to describe the
annual survey of ADU usage that is
conducted by the City. The City has
committed to zoning for multifamily by
January 2024.

Email from Salim Damerdji, South Bay YIMBY dated February 1, 2023
The City has committed to zoning for
multifamily by January 2024. RHNA
strategy is detailed in Chapter 4.

Email from Salim Damerdji, South Bay YIMBY dated August 8, 2022 The City has committed to zoning for multifamily by January 2024. RHNA
strategy is detailed in Chapter 4.

Email from Salim Damerdji, South Bay YIMBY dated September 8, 2022
Additional details have also been added
to Chapter 4 to describe the annual
survey of ADU usage that is conducted
by the City to justify the projections for
future ADU usage.

Email from Kevin, East Bay for Everyone Dated September 30, 2022 Comment noted.

Appendix G Public Comments Received G-11 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Comments Response and Reference in Housing
Element
Email from David Kellogg dated November 18, 2022 Permit processing timeframes described and detailed in Appendix C are inclusive
of all environmental review.

Appendix G Public Comments Received G-12 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 From: ULisa BrancatellUi
To: UDiana PerkinsU
Cc: Colleen Haggerty
Subject: FW: City of Monte Sereno Draft Housing Element Date: Tuesday, August 30, 2022 9:58:34 AM
Attachments: image002.png
Hello Diana,
Valley Water has reviewed the Draft Monte Sereno 6th Cycle Housing Element Update, received by Valley Water on August 15, 2022.

Valley Water is responsible for wholesale water supply throughout Santa Clara County and is working to ensure there are adequate supplies to meet future demands. The Housing Element includes a few policies regarding energy conservation (Policy H-3.3 / Program S) which touch on water use. However, Valley Water encourages the City to include specific language regarding water conservation given thepotentialfor increased droughtin the future. Valley Water has been working with jurisdictions in the county on a Model Water Efficient New Development Ordinance that the City may consider for new and remodel housing.

Thank you for the opportunity to review this document. If you have any questions or needfurther information, youcanreachmeby email at [email protected] by phone at (408) 630-2479. Please reference Valley Water File No. 23996 on future correspondence regarding thisproject.

Thank you,

LISA BRANCATELLI

ASSISTANT ENGINEER II (CIVIL)
Community Projects Review Unit
[email protected]
Tel. (408) 630-2479 / Cell. (408) 691-1247
CPRU Hotline: (408) 630-2650
Santa Clara Valley Water District is now known as:

Clean Water • Healthy Environment • Flood Protection
5750 Almaden Expressway, San Jose CA 95118
www.valleywater.org
From: Diana Perkins <[email protected]>
Sent: Friday, August 12, 2022 11:53 AM
To: Diana Perkins <[email protected]>

Appendix G Public Comments Received G-13 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Subject: City of Monte Sereno Draft Housing Element
The City of Monte Sereno’s draft 2023-2031 Housing Element is available for public review and comment. The document is available on-line at: www.AtHomeinMonteSereno.com.

A public comment period on the draft Housing Element is required before the City can submit the Housing Element to the California Department of Housing and Community Development (HCD) for preliminary review. Written comments on the draft Housing Element can be made through September 8, 2022 and can be provided in the on-line document, emailed to [email protected], or mailed to:

City Planner
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 94030
The draft Housing Element is also scheduled for review and comment by the City Council at their meeting on September 6, 2022. The meeting agenda and staff report will be available the week before the meeting at: https://montesereno.civicweb.net/portal/ An updated draft Housing Element will be available towards the end of the year which will be revised to address comments provided by HCD. Public meetings with the Site and Architectural Commission and City Council will be scheduled for final review and adoption of the Housing Element in early 2023.

Thank you,
Diana Perkins | City Planner
City of Monte Sereno, California
18041 Saratoga-Los Gatos Road | Monte Sereno, CA 95030
Office 408.498.5283
[email protected] | www.cityofmontesereno.org

Appendix G Public Comments Received G-14 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 September 21, 2022
City of Monte Sereno
18041 Saratoga - Los Gatos Road
Monte Sereno, CA 95030
Monte Sereno 2023-2031 Housing Element
West Valley Community Services comments regarding Initial Draft Dear Monte Sereno Mayor and City Council,
On behalf of West Valley Community Services staff, board and clients, we are incredibly grateful for all of the hard work, time, and thought that the Council and staff put into this document. We know that your Housing Element incorporates hundreds of public comments, hours of deliberation, and even more hours of research and consideration outside of City Council meetings. We’re happy to see the City working to provide more equitable housing, as this will directly impact the lives of our clients.

As you know, West Valley Community Services (WVCS) is a nonprofit organization that has been providing safety net services to low-income and homeless individuals and families in the west valley region of Santa Clara County for more than 48 years. As the designated service provider of Monte Sereno and a Housing Element outreach partner, WVCS is excited to provide our comments regarding the Initial Draft of the 2023-2031 Housing Element.

We would first like to express our overall support for the Monte Sereno Housing Element. We are proud and happy to see the City working to become more inclusive and build housing that is affordable, attainable, and community-oriented. It is crucial for Monte Sereno to make an authentic effort to welcome people of a variety of income levels, and we hope to see the City do this despite inevitable pushback from some residents.

We have two overarching and several specific comments regarding the Housing Element draft. First, there is an over-focus on ADUs. While we agree that this is clearly the primary strategy the City should utilize in meeting its RHNA allocation, it is important that there is at least one non-ADU development included in the plan. Second, we would like to see the draft become more tangible. For example, the policies listed under Goal H-1: Facilitate Housing Construction do not specify what constraints will be removed or how it will be ensured that sites are provided as needed.

In terms of specific policies, we are glad to see Program A: Improve Permit Processing Timelines. Risk, costs, and time are major barriers to development, but there are ways to reduce these barriers. You demonstrate this in your Housing Element. In Program C: Facilitate Parcel Maps, we would like to see the timeline moved up from 2025. However, we are not sure if there is a reason why this has to be the timeline, so either a change in the timeline or a justification is warranted.

Policy H-2.3: Accessory Dwelling Units is crucial, as without incentives and robust outreach, affordable and utilized ADUs are unlikely to be built. Please work to ensure that the focus on meeting the need for lower income housing is strong. It is a little unclear to us how Program G: Development Incentives is

Appendix G Public Comments Received G-15 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 relevant, as the City plans to utilize ADUs to meet its housing numbers. Developers of affordable housing aren’t really being brought in if there are not designated sites in the Housing Element. We strongly encourage the City to add sites where developers might utilize these density bonuses, fee waivers, or other incentives to stimulate development. Luckily, we do know that these are effective tactics for doing so.

Program H: Employee Housing is incredibly important. Thank you for including this. At WVCS, we are well aware of the difficulty people who work in the area have affording to live here. These are valuable, and essential, members of our community, and thank you for remembering and including them. Under Program J: Special Needs Households, we were thrilled to see WVCS included! Please do contact us regularly. We would love to work with you on building a strategy for housing development and incentivizing lower-income housing. Last, Program M: Countywide Cooperation, is very important, especially for a small City like Monte Sereno. Regional solutions are absolutely necessary if we are going to solve our housing crisis.

WVCS serves five cities in the west valley - Monte Sereno, Los Gatos, Saratoga, Cupertino, and West San Jose - so we are well aware of the power of a regional approach. We are happy to support you in this endeavor.

Again, we are thrilled to see Monte Sereno working to make your City affordable and accessible. We are very supportive of this Housing Element, and we look forward to continuing to participate in Monte Sereno’s Housing Element process. We hope you find our insights and thoughts helpful. We again want to voice our immense gratitude to everyone who worked on this for your dedication to the community and the hundreds of hours of work you have put into this Housing Element. We are incredibly grateful for your dedication and hard work. You can contact Josh Selo at (408) 956-6113 or [email protected]. You can contact Kylie Clark at 408-471-6122 or [email protected].

In community,
Josh Selo Kylie Clark
Executive Director Public Policy Coordinator
West Valley Community Services West Valley Community Services

Appendix G Public Comments Received G-16 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 September 8, 2022
Dear HCD, Mayor Ellahie, and members of the Monte Sereno City Council, South Bay YIMBY has reviewed the Monte Sereno draft Housing Element and appreciates the chance to comment on it.

For the 6th cycle housing element update, Monte Sereno is required to affirmatively further fair housing and plan for 193 new homes. The current draft element does not meet those statutory requirements.

The draft Housing Element has a deficient site inventory Monte Sereno’s draft Housing Element doesn’t have a plan to fulfill the city’s RHNA minimums of 193 net new homes. Table 4-3 shows a plan for 117 ADUs, plus five SB 9 units, for a total of 122 homes. No upzoning of any kind is planned for any part of the city. So, the draft Housing Element is only planning for about two thirds of Monte Sereno’s RHNA allocation; it fails in the basic requirement to plan to meet the city’s housing needs.

Monte Sereno’s scheme for “letters of intention” will not fulfill RHNA The Monte Sereno City Council has been open about their detestation of upzoning. Instead, to “avoid the need for large swathes of rezoning which as we’ve already heard from our residents is very unpopular,”1 the Council has come up with a scheme for residents to sign non-binding letters of intention to build an ADU, in exchange for a ~$3,600 reduction in ADU fees. They intend to get 225 households, over a fifth of all the households in the city, to sign these letters, and present them as evidence to HCD that they can achieve their RHNA with ADUs, plus the 5 SB 9 units. This letters of intention scheme has not yet been included in the draft Housing Element, but apparently presenting it in a revision will be the strategy to make up the current draft's RHNA deficit.

The scheme was presented at the City Council meetings of June 21, 2022 and July 21, 2022, and is under way right now. City Council repeatedly emphasized that the letters will be non-binding, that the purpose of the letters is to “alleviate the problem of rezoning the city for much higher densities,”2 and that “the last thing that council wants to do is go through a rezoning process.”3
1 Councilmember Leuthold, June 21, 2022 council meeting, https://youtu.be/3feO76L59zA?t=3660 2 Councilmember Leuthold, July 21, 2022 council meeting, https://youtu.be/WljMf_cBqrg?t=2946 3 Mayor Pro Tem Mekechuk, July 21, 2022 council meeting, https://youtu.be/WljMf_cBqrg?t=3581

Appendix G Public Comments Received G-17 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 The Council video4, prepared to publicize the scheme, is open about the motivation: residents should sign the letters so that the city doesn’t have to rezone, and residents should not feel bound in any way by their signatures:

All you need to do is sign up to build an ADU or accessory dwelling unit on your property.…If Monte Sereno can get two hundred and twenty five signatures, we can meet the state requirements…There’s no time limit or requirement to build an ADU.5 The message is clear: Sign this letter so the city doesn’t have to upzone.

Councilmembers personally are going door-to-door telling people that if they sign up, it will help prevent rezoning. The nominal incentive is the $3,600 fee reduction, but when even a 490 sq ft prefabricated ADU from Abodu costs $275,000 and up, and most Monte Sereno ADUs will cost well in excess of half a million dollars, the fee reduction is a drop in the bucket, unlikely to be enough to induce a significant number of households to build.

This is not a plan to get residents to build ADUs. It is a ploy to evade state requirements by having residents say they want to build ADUs when they actually have no intention of doing so.

We should expect a substantial percentage of signatories not to follow through. The city of Monte Sereno is not going to increase ADU production by two thirds by offering an insignificant cost reduction. This will not satisfy Monte Sereno’s RHNA.

The income assignment of ADUs is not justified by data
Monte Sereno's draft Housing Element assigns 30% of their ADUs to the Very Low Income category, 50% to the Low category, 20% to Moderate Income and 0% percent to Above Moderate, based on a post-construction rent survey.6
The city needs to disclose the results of that survey. It is difficult to find evidence that 80% of recently-built ADUs in Monte Sereno are available to Low/Very Low Income residents. As of writing, there are no Monte Sereno ADUs listed online as available for rent at a Low or Very Low income level, and we can find no evidence of any having been available. The one ADU that is currently available for rent in Monte Sereno, on 17920 Daves Avenue, is asking $3,450/month, which is not a Low Income rent.7
4 Video (Monte Sereno page):
https://athomeinmontesereno.com/interested-in-creating-an-accessory-dwelling-unit/widgets/51800/video s/3768, retrieved Sept. 1, 2022
Video (cached, loads faster):
https://drive.google.com/file/d/1jq2vrM2F-tYOjkfQ8w2hq7FR0jWSfFP9/view?usp=sharinghttps://athomein montesereno.com/interested-in-creating-an-accessory-dwelling-unit/survey_tools/adu-intent-to-construct 5 See Appendix for the full transcript of the video 6 Draft Housing Element, pC-6, footnote 7 https://www.redfin.com/CA/Monte-Sereno/17920-Daves-Ave-95030/home/1615201, retrieved Sept. 1, 2022

Appendix G Public Comments Received G-18 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Currently three ADUs in Monte Sereno are offered on AirBnB, at $175, $157 and $152 per night.8 These are also not Low or Very Low Income homes; they are vacation rentals.

ADUs alone do not Affirmatively Further Fair Housing
It may be that 80% of recently constructed ADUs are Low and Very Low Income housing, if we include ADUs that are not anyone’s home—AirBnB units, pool houses, home offices, yoga studios, guesthouses and other uses—and if we also include ADUs that are used for 8 https://www.airbnb.com/monte-sereno-ca/stays, retrieved Sept. 1, 2022

Appendix G Public Comments Received G-19 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 homeowners’ families, or rented to friends at a discount. Non-housing uses should not be considered Low/Very Low Income units, but Monte Sereno may be categorizing them that way.

However, under GOV §8899.50(a)(1), Monte Sereno is required to undo historic patterns of segregation and achieve racial equity in its Housing Element (i.e. Affirmatively Furthering Fair Housing or AFFH). Whether or not pool houses, ADUs for Grandma, home offices and other non-housing uses count as low income housing, they are not available to people historically prevented from living in Monte Sereno because of their race or income. A pool house is not housing for underrepresented groups. The all-ADU strategy does not affirmatively further fair housing, and therefore fails to satisfy Monte Sereno’s AFFH requirement.

Monte Sereno’s claims that no one would redevelop are unpersuasive Monte Sereno sent letters to 20 homeowners9
, informing them that Monte Sereno was
considering their properties for rezoning. Only one of these owners responded to their letter10.

Monte Sereno also contacted the pastor of the one church in the city, who also said that his church was not going to redevelop. Monte Sereno offers these two responses as their only evidence that even if they upzoned, no one would redevelop.

The city is going to considerable effort to avoid rezoning for a city that supposedly thinks it wouldn’t make a difference. If the city actually wants to know whether developers would develop multifamily housing in Monte Sereno if the city upzoned to make it possible, they should ask developers, not homeowners. Developers build multifamily housing in neighboring Saratoga and Los Gatos, in the few areas where it is allowed; there’s no obvious reason why they would not do so in Monte Sereno, if they were able to.

A survey of 20 homeowners and a pastor, that gets only two responses, is not evidence that developers wouldn’t develop multifamily housing in Monte Sereno if the city rezoned for multifamily housing.

Housing Constraints section has lack of quantitative evidence Appendix C provides a listing of various city regulations on housing development. However, it lacks evidence, such as pro-formas, to back up its various claims of what is or is not a constraint on development. For example, it marks the General Plan’s age as a constraint but makes no analysis of what inside the plan is affecting housing production and how. Yet a separate section marks the “low residential development densities” derived from the General Plan and zoning as not a constraint, arguing that the ADUs are enough, as reported in previous APRs.

The Constraints for People with Disabilities section merely is a statement of what processes the city currently has, with no responses from those in the Disability community. 9 The number is variously stated as 22 letters to property owners (p. 4-3) and 35 letters (p. D-1), but the letters listed in Appendix D only have 22 distinct addresses—13 of the letters are included twice—and two of those addresses, 19310 Bicknell Avenue and 19190 Bicknell, are typos and not actual addresses in Monte Sereno. The true number of letters sent to property owners at Monte Sereno address is 20.
10 suggesting that the other 19 homeowners were perfectly amenable to their properties being upzoned

Appendix G Public Comments Received G-20 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Programs provided lack specificity
The programs provided generally lack details of when they will occur, how they will be conducted, and what outcomes they should be measured on. Program A (Improve Permit Processing Timelines) defers analysis of this type of constraint to an unspecified date, despite such analysis being required to occur in this Housing Element process. Program G (Development Incentives) defers outreach to affordable housing developers to an unspecified date, despite such outreach also being required to occur in this process.

In particular, given the heavy reliance on ADU production, Program I (ADUs) is not scheduled to complete until the midpoint of the Housing Element cycle, as well as missing analysis of the barriers to ADU production.

Lack of public participation in this process
Housing Element law requires “diligent effort by the local government to achieve public participation of all economic segments of the community.” Appendix F merely lists various organizations the city made contact with and does not mention how comments from those organizations, if any, were incorporated into the draft. Moreover, the city evidently did not consult any developers about their potential interest in properties that might become available.

Conclusion
Monte Sereno proposes ADUs for virtually all their RHNA. The draft Housing Element does not project enough ADUs to satisfy their RHNA; the scheme to have residents sign non-binding letters saying they might build ADUs will not generate nearly enough ADUs to satisfy the RHNA; the assignment of ADUs to income levels is incorrect; and even if all of the ADUs the city projects were built, the city would not satisfy their mandate to affirmatively further fair housing.

The constraints section of the document is inadequate, and the programs are vague and unspecified.

Monte Sereno needs to go back to the drawing board.

Sincerely,
Anne Paulson
South Bay YIMBY

Appendix G Public Comments Received G-21 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Appendix A: Transcript of Monte Sereno “letters of intention” video Councilmember Lawler: Monte Sereno Residents, please listen. This year, the state adopted new regulations requiring our city to drastically expand our housing capacity.

Coucilmember Leuthold: Would Monte Sereno still feel like the same town for you if we added hundreds of new houses? I didn’t think so.

Mayor Pro Tem Mekechuk: But you can help. All you need to do is sign up to build an ADU or accessory dwelling unit on your property.

Councilmember Turner: If Monte Sereno can get two hundred and twenty five signatures, we can meet the state requirements
Mayor Ellahie: And still do our part to relieve the California housing shortage Councilmember Lawler: When a volunteer comes to your home, they’ll help you fill out a quick and easy form.

Mayor Pro Tem Mekechuk: There’s no time limit or requirement to build an ADU on your property when you sign up.

Coucilmember Leuthold: But if you decide to build one before 2030, you can use the certificate the city will send you to reduce your permit fees as a thanks for helping out.

Councilmember Lawler: So, can we count on your signature?

Appendix G Public Comments Received G-22 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Campaign for Fair Housing Elements
fairhousingelements.org
The City of Monte Sereno
Via email: [email protected]; [email protected] Cc: [email protected]; [email protected]
September 8, 2022
Re: Monte Sereno’s Draft HousingElement
To the City of Monte Sereno:

The Campaign for Fair Housing Elements and YIMBY Law do not believe the City of Monte Sereno’s draft housing element will achieve the low expectation of 193 new homes within the planning period. Neither, manifestly, does the City. (Draft, tbl. 4-3 [projecting 63% achievement].) The City must do better.

We condemn the City’s plan to coast on State ADU law (Gov. Code § 65852.2) in the hope that it will relieve the City of its duty to accommodate affordable housing. (See Draft, pp.2-6 to -7, 4-4 [eschewing any “inventory of sites”].) The City openly touts this plan on its website as a device “to avoid having to rezone,” when the maximum zoning density is by the City’s own admission “inadequate for the development of affordable housing.” (Id. p.3-11.) Likewise, the City’s assertion that “[s]egregation is essentially absent” because “lower-income households are largely absent” (Id. p.3-3) is risible.

Failing to rezone for the lower-income households that are priced out of Monte Sereno will only perpetuate the City’s segregated status, and fail to affirmatively further fair housing as State law requires. (See Gov. Code § 65583(a)(3), (c)(10).) Indeed, the City does not even intend to observe theState laws it plans to coast on for several years. Its subdivision regulations will not be amended to follow State law until 2026.(Draft,p.2-4.)ThesameistrueforADUs.(Id.p.2-7.)EvenwhentheCitypurports to comply withState law,as with this year’s addendumto the City’s design guidelines,

Appendix G Public Comments Received G-23 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 the City does so with byzantine point systems and design restrictions that inhibit the kind of construction that underhousedBayArea residents can actually afford.(See, e.g., Monte Sereno Objective Design Standards pp.2,7,9 [defining “mullions,” “muntins,” and “corbels,” then prohibiting them from being made of plastic or vinyl].) It is clear that the City simply wants to retain its “essential character” (Draft, p.3-1) of accommodating multimillionaires (id. p.A-26) while doing nothing for those living elsewhere in tents, vans, and overcrowded bedrooms. Heard.

YIMBY Law has been contacted by a Monte Sereno homeowner who has not been allowed to augment the housing on their property to accommodate another resident. We suspect this homeowner is not alone in experiencing this frustration, and we are monitoring the situation with an eye toward ensuring the City does its fair share in alleviating the housing shortage.

Californians expect and deserve “meaningful actions” to alleviate the severeinequality fostered by our policy-driven housing shortage. (See Gov. Code § 65584(e).) The City’s draft housing element fails to deliver what is required. We call on HCD not to certify the draft, and look forward to seeing a serious revision from the City later this fall.

Sincerely,
Keith Diggs
HousingElementsAdvocacy
Manager,YIMBYLaw
[email protected]
Campaign for Fair Housing Elements
fairhousingelements.org 2

Appendix G Public Comments Received G-24 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Page 370 of 388 Appendix G Public Comments Received G-25 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Page 371 of 388 Appendix G Public Comments Received G-26 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Page 372 of 388 Appendix G Public Comments Received G-27 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Page 373 of 388 Appendix G Public Comments Received G-28 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Page 374 of 388 Appendix G Public Comments Received G-29 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Page 375 of 388 Appendix G Public Comments Received G-30 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Page 376 of 388 Appendix G Public Comments Received G-31 EMC Planning Group Monte Sereno 6th Cycle Housing Element Update HCD Revisions June 2023 Page 377 of 388 History – Community Center Project in 2021
12/20/19
Hired
S. Leonardis
City of Monte Sereno 1
06/30/20
Approved
20/21 Budget
11/04/20
S&A
Approved Permit
11/17/20
City Council
Approved Permit
09/07/21
City Council
Rejected All Bids
Permit expires if not used in 12 months
05/12/20
Goal
Setting

08/02/23
S&A
Review/Approve
Permit
08/15/23
City Council
Review/Approve
Permit
Permit Process – 2023
07/11/23
City Council
Update
City of Monte Sereno 2
07/13/23
Comm Center Committee
Review/Approve
Design
07/18/23
City Council
Review/Approve
Design
July 2023
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08/15/23
City Council
Review/Approve Permit
RFP/Bid Process – 2023
City of Monte Sereno 3
08/16/23
Issue RFP and
Publish in
Los Gatos Weekly Times
09/06/23
City Engineer
to Open
Sealed Bids
August 2023
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to
Award Contract
September 2023
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Permit Process – 2023
July 10 July 17 July 24 July 31 Aug 7 Aug 14 Aug 21 Aug 28 07/11 City Council – Update
08/02 S&A – Permit
City of Monte Sereno 4
07/13 Community Center Committee – Design
07/18 City Council – Design
08/15 City Council – Permit
08/16 Issue RFP
Estimated Dates Only

REVISIONS
DATE:

SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555 NOTE:•The Contractor shall verify all dimensions,elevations and conditions, prior to startingany field work.•Any deviation called by field conditions,or any conditions different from thoseindicated on the plans shall be broughtto the Architect's attention prior toinstallation.

S H E E T A MASTER SITE PLAN FOR: THE MONTE SERENO CIVIC CENTER 18041 SARATOGA-LOS GATOS ROAD, MONTE SERENO, CA

AS SHOWN
05/31/23
MASTER

DEMO SITE
PLAN
DRAFT
1,005 sq ft (E) MONTE SERENO CITY HALL (R) COMMUNITY
CENTER
SARATOGA - LOS GATOS ROAD (60')

R O S E A V E N U E
FF 457.30
FF 457.18
FF 457.18
(E) & (N) FF 456.86
(D) FF 459.44
455
455
455
455
455
455
455
455
460
460
460
460

EXISTING COVERED PORCH
S
3 5° 0
0 ' W 13
3 . 8
5 '
' 56 . 5 91 E' 0 0 ° 3 5 S
N53°00'W 10.69'
S35°00'W 2.49'
N5 5° 0 0 ' W 3 4 . 9 7 '
N35°00'E 7.21'
N5 3° 0 9 ' 0 2 " W 2 4 . 9 8 '
S35°00'W 3.85'
N5 3° 0 5 ' 5 8 " W 5 2 . 0 0 ' N5 2° 3 6 ' 2 1" W 7 3 . 0 0 '

2.00' -
N
3 5° 0
0 ' E 12
8 . 8
7 '
T8-10
T8-10
T6-10
T8-12 T8-12
T6-10
T8-12
T4-4
T36-CLUSTER
T20-CLUSTER
T20-CLUSTER
T18-22
T18-20
T28-30 T4-10 T26-30 T24-24
T20-CLUSTER T24-CLUSTER T30-30
8T6-16
T2-4
T18-30
T6-12
T4-8
T16-20
T10-16
T24-30
T12-16
T6-10

EXISTING COVERED PORCH
SCALE: 1" = 10'

EXISTING CIVIC CENTER

REVISIONS
DATE:

SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555 NOTE:•The Contractor shall verify all dimensions,elevations and conditions, prior to startingany field work.•Any deviation called by field conditions,or any conditions different from thoseindicated on the plans shall be broughtto the Architect's attention prior toinstallation.

S H E E T A MASTER SITE PLAN FOR: THE MONTE SERENO CIVIC CENTER 18041 SARATOGA-LOS GATOS ROAD, MONTE SERENO, CA

AS SHOWN
05/31/23

PROPOSED

MASTER SITE
PLAN
DRAFT
1,005 sq ft

JOINT TRENCH FOR

POWER AND

COMMUNICATIONS,

LOCATION TBD

POTENTIAL PLANTED

BIOSWALE AREAS

FOR RAINWATER CAPTURE

NEW FENCE LOCATION

NEW FENCE LOCATION NEW PARKING LOT STRIPING

MAILBOX
HC
HC
AC
455
455
455
455
455
455
455
455
460
460
460
460
P.P.

S
3 5° 0
0 ' W 13
3 . 8
5 '
' 56 . 5 91 E' 0 0 ° 3 5 S
N53°00'W 10.69'
S35°00'W 2.49'
N5 5° 0 0 ' W 3 4 . 9 7 '
N35°00'E 7.21'
N5 3° 0 9 ' 0 2 " W 2 4 . 9 8 '
S35°00'W 3.85'
N5 3° 0 5 ' 5 8 " W 5 2 . 0 0 ' N5 2° 3 6 ' 2 1" W 7 3 . 0 0 '

2.00' -
N
3 5° 0
0 ' E 12
8 . 8
7 '
T8-10
T8-10
T6-10
T8-12 T8-12
T6-10
T8-12
T4-4
T36-CLUSTER
T20-CLUSTER
T20-CLUSTER
T18-22
T18-20
T28-30 T4-10 T26-30 T24-24
T20-CLUSTER T24-CLUSTER T30-30
8T6-16
T2-4
T18-30
T6-12
T4-8
T16-20
T10-16
T24-30
T12-16
T6-10

BIO-RETENTION CHAMBER AREA

MONTE SERENO CITY HALL COMMUNITY
CENTER

ADDITION

DROUGHT TOLERANT LANDSCAPING
SCALE: 1" = 10'

CIVIC CENTER MASTER PLAN

WELLS -
FARGO Advisors
Fixed Income Offering Report
Prepared For: City of Monte Sereno
Prepared By: DJ Ayala
Title: Financial Advisor, First Vice PresidentInvestments Firm: Wells Fargo Advisors Phone: 4083549453
Email: [email protected]
Dated: Jul 07, 2023
Inveshne?it-and Insurance Products are:
- Not Insured by the FDIC or Any Federal Government Agency - Not a Deposit or Other Obligation of, or Guaranteed by, the Bank or Any Bank Af?liate - Subject to Investment Risks, Including Possible Loss of the Principal Amount Inves d
.i

14...... . .

Flxed Income Offermg Report
Avail (000's) Description Attributes Rating Coupon Maturity YTW Min. Qty CUSIP Coupon Details Insurance Underlying Type Next Call TEY 50000 912797FY8 UNITED STATES TREASURY BILLS -/- 0.000
1 -/- Fixed
50000 912796225 UNITED STATES TREASURY BILLS -/- 0.000 07/20/2023 5046 1 -/- Fixed 5.046
49527 912797FZ5 UNITED STATES TREASURY BILLS -/- 0.000 07/25/2023 5065 1 ~/- Fixed 5.065
49935 912796Y29 UNITED STATES TREASURY BILLS ~/- 0.000
1 -/- Fixed
49779 912797GA9 UNITED STATES TREASURY BILLS -/- 0.000 08/01/2023 4.875 1 -/- Fixed 4.875
50000 912796Y37 UNITED STATES TREASURY BILLS -/- 0,000 08/03/2023 4.890 1 ~/~ Fixed 4.890
48435 912797GF8 UNITED STATES TREASURY BILLS ~/- 0.000 08/08/2023 4.983 1 —/- Fixed 4.983
49860 912796XY0 UNITED STATES TREASURY BILLS —/- 0.000 08/10/2023 4.997 1 -/- Fixed 4.997
49988 912797GG6 UNITED STATES TREASURY BILLS -/- 0.000 08/15/2023 5.033 1 -/- Fixed 5.033
49444 912796Z36 UNITED STATES TREASURY BILLS -/- 0.000
1 -/- Fixed
50000 912797GH4 UNITED STATES TREASURY BILLS -/- 0.000 08 22/2023 1 -/- Fixed
49965 912796244 UNITED STATES TREASURY BILLS -/- 0.000 08/24/2023 1 -/~ Fixed
49890 912797GJ0 UNITED STATES TREASURY BILLS ~/~ 0.000 08/29/2023 1 —/~ Fixed
50000 912796251 UNITED STATES TREASURY BILLS ~/~ 0.000
1 ~/~ Fixe
49912 912797GR2 UNITED STATES TREASURY BILLS -/- 0.000 09/05/2023 1 —/~ Fixed
49785 912796YI~I6 UNITED STATES TREASURY BILLS -/- 0.000 09/07/2023 1 -/- Fixed
49787 912797GS0 UNITED STATES TREASURY BILLS -/- 0.000 09/12/2023 1 -/- Fixed
50000 912796CQo UNITED STATES TREASURY BILLS -/- 0000
1 -/- Fixed A
7 49849 912797GT8 UNITED STATES TREASURY BILLS -/- 0.000 09/19/2023 1 ~/- Fixed
49782 912796CR8 UNITED STATES TREASURY BILLS ~/— 0.000 09/21/2023 1 ~/~ Fixed
49910 912797GU5 UNITED STATES TREASURY BILLS -/- 0.000 09/26/2023 1 -/- ?xed
50000 912796086 UNITED STATES TREASURY BILLS -/- 0.000
1 -/- Fixed
2,285,200 Total Par 81N0. Line Items 47 EffectiveTax Rate = Please refer to important information at the end of this material.

11...... . .

Flxed Income Offermg Report
Avail (000‘s) Description Attributes Rating Coupon Maturity YTW Min. Qty CUSIP Coupon Details Insurance Underlying Type Next Call TEY 49959 912797GV3 UNITED STATES TREASURY BILLS ~/- 0.000 10/03/2023 5.161 1 ~/- Fixed 5.161
49076 912796YJ2 UNITED STATES TREASURY BILLS -/- 0.000 10/05/2023 5,189 1 -/- Fixed 5.189
49833 9127971-[A8 UNITED STATES TREASURY BILLS -/- 0000 10/10/2023 5175 1 -/- Fixed 5.175
50000 912797FA0 UNITED STATES TREASURY BILLS -/- 0,000 10/12/2023 5.198 1 -/» Fixed 5.198
50000 912797HB6 UNITED STATES TREASURY BILLS -/- 0.000 10/17/2023 5.204 1 -/— Fixed 5.204
50000 912797FB8 UNITED STATES TREASURY BILLS -/— 0.000 10/19/2023 5,210 1 -/- Fixed 5.210
50000 912797HC4 UNITED STATES TREASURY BILLS -/- 0.000 10/24/2023 5.233 1 -/- Fixed 5.233
49873 912797FC6 UNITED STATES TREASURY BILLS -/- 0.000 10/26/2023 5.208 1 -/- Fixed 5.208
49832 912797}-ID2 UNITED STATES TREASURY BILLS -/- 0000 10/31/2023 5260 1 ~/- Fixed 5.260
49757 912796YT0 UNITED STATES TREASURY BILLS -/- 0.000 11/02/2023 5.133 1 -/- Fixed 5.133
47289 912797FJ1 UNITED STATES TREASURY BILLS -/- 0.000 11/09/2023 5.166 1 ~/— Fixed 5.166
49904 912797FK8 UNITED STATES TREASURY BILLS —/~ 0.000 11/16/2023 5.120 1 —/- Fixed 5.120
48922 912797FL6 UNITED STATES TREASURY BILLS -/~ 0.000 11/24/2023 5.147 1 -/~ Fixed 5.147
49497 912796ZD4 UNITED STATES TREASURY BILLS ~/— 0.000 11/30/2023 5.201 1 ~/~ Fixed 5.201
47008 912797I«'I‘9 UNITED STATES TREASURY BILLS -/- 0.000 12/07/2023 5.191 1 -/- Fixed 5.191
49795 912797FU6 UNITED STATES TREASURY BILLS -/- 0.000 12/14/2023 5.215 1 -/~ Fixed 5.215
41966 912797FV4 UNITED STATES TREASURY BILLS -/~ 0.000 12/21/2023 5257 1 -/- Fixed 5.257
42712 912796ZN2 UNITED STATES TREASURY BILLS —/— 0.000 12/28/2023 5.282 1 —/— Fixed 5.282
41530 912797FW2 UNITED STATES TREASURY BILLS -/- 0.000 01/04/2024 5.278 1 -/- Fixed 5.278
44020 912796ZY8 UNITED STATES TREASURY BILLS -/- 0.000 01/25/2024 5.013 1 -/- Fixed 5.013
49849 912796Z28 UNITED STATES TREASURY BILLS -/» 0.000 02/22/2024 5.049 1 ~/» Fixed 5.049
48990 912797I.L9 UNITED STATES TREASURY BILLS ~/» 0.000 03/21/2024 5.155 1 ~/- Fixed 5.155
2,285,200 Total Par 8:No. Line Items 47 Effective Tax Rate = Please refer to important information at the end of this material.

2'”
"‘ Advisun . .

Flxed Income Offermg Report
Avail (o00's) Description Attributes Rating Coupon Maturity YTW Min. Qty CUSIP Coupon Details Insurance Underlying Type Next Call TEY 39409 912796CX5 UNITED STATES TREASURY BILLS -/— 0.000 04/18/2024 5.157 1 -/— Fixed 5.157
48886 91279781-I5 UNITED STATES TREASURY BILLS -/— 0.000 05/16/2024 5.193 1 -/— Fixed 5.193
41245 912797FS1 UNITED STATES TREASURY BILLS -/— 0.000 06/13/2024 5.198 1 -/— Fixed 5.198
2,285,200 Total Par 8:N0. Line Items 47 EffectiveTax Rate = Please refer to important information at the end of this material.

A B C D E F G H H H H H H H H H H H H
Purchase Date
Maturity Date
(Actual or
Proposed)
Days to
Maturity Quantity Current Price
Initial Investment
Amount
Yield to
Maturity %
7/11/2023 7/27/2023 8/17/2023 8/31/2023 9/14/2023 9/28/2023 10/17/2023 10/31/2023 11/15/2023 11/30/2023 12/15/2023 12/31/2023 Cash 2,762
Note A 7/11/2023 7/27/2023 16 99.7760 752,000 5.11 750,316 752,000 - - - - - - - - - - Note B 7/11/2023 8/17/2023 37 99.4680 754,000 5.25 749,989 - 754,000 - - - - - - - - - Note C 7/11/2023 8/31/2023 51 99.2680 755,000 5.24 749,473 - - 755,000 - - - - - - - - Note D 7/11/2023 9/14/2023 65 99.0620 757,000 5.27 749,899 - - - 757,000 - - - - - - - Note E 7/11/2023 9/28/2023 79 98.8640 759,000 5.25 750,378 - - - - 759,000 - - - - - - Note F 7/11/2023 10/17/2023 98 98.5730 758,000 5.31 747,183 - - - - - 758,000 - - - - - Note A 7/27/2023 10/31/2023 96 752,000 762,000 5.25 - - - - - - 762,000 - - - - Note B 8/17/2023 11/15/2023 90 754,000 764,000 5.25 - - - - - - - 764,000 - - - Note C 8/31/2023 11/30/2023 91 755,000 765,000 5.25 - - - - - - - - 765,000 - - Note D 9/14/2023 12/15/2023 92 757,000 767,000 5.25 - - - - - - - - - 767,000 - Note E 9/28/2023 12/31/2023 94 759,000 769,000 5.25 - - - - - - - - - - 769,000 Note F 10/17/2023 1/15/2024 90 758,000 768,000 5.25 - - - - - - - - - - - Total Principal 754,000 752,000 755,000 757,000 759,000 758,000 762,000 764,000 765,000 767,000 769,000 Interest Earned 4,011 1,684 5,527 7,101 8,622 10,817 10,000 10,000 10,000 10,000 10,000