Appendix E Review of Previous Housing Element E-14
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-15
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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; and 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-16
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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).
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 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 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 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;
Appendix E Review of Previous Housing Element E-17
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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. 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 preapproved 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. City residents shall be 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; 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;
Appendix E Review of Previous Housing Element E-18
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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 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, as 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. These modifications address community input and were done in preparation for a nimble mid-cycle revision for re-zoning considerations.
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
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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
Table of Contents
APPENDIX G PUBLIC COMMENTS RECEIVED ..................................................................G-1 G.1 Introduction ...........................................................................................................................G-1 G.2 Public Comments Received .................................................................................................G-1
Appendix G Public Comments Received G-1
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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 6th 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 Revised the Community Engagement
section to include more details about
the outreach efforts.
Appendix G Public Comments Received G-2
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 Comments Response and Reference in Housing
Element
housing element updates, I found myself hard to navigate among multiple resources to get the latest updates. The website is not very 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,
Appendix G Public Comments Received G-3
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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). affordable housing listing services).
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
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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
Appendix G Public Comments Received G-5
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 Comments Response and Reference in Housing
Element
#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.
#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
Appendix G Public Comments Received G-6
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 Comments Response and Reference in 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.
#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 Comment noted.
No change to the Housing Element
Appendix G Public Comments Received G-7
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 Comments Response and Reference in Housing
Element
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.
#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.
#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.
Appendix G Public Comments Received G-8
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 Comments Response and Reference in Housing
Element
#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
#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.
Appendix G Public Comments Received G-9
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 Comments Response and Reference in Housing
Element
#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
#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.
Appendix G Public Comments Received G-10
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 Comments Response and Reference in Housing
Element
#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.
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.
Appendix G Public Comments Received G-11
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 Comments Response and Reference in Housing
Element
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.
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
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 From: Lisa Brancatelli
To: Diana Perkins
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 the potential for 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, youcan reach meby email at [email protected] or 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
lbrancatelli@va
lleywater.org
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
Appendix G Public Comments Received G-13
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-14
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-15
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-16
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-17
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-18
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-19
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-20
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-21
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-22
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-23
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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-24
Monte Sereno 6th Cycle Housing Element (2023-2031) Adoption Draft: May 2024 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
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STAFF REPORT
Meeting: City Council - May 07 2024
Agenda Heading: NEW BUSINESS
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Consider Adoption of a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance
Recommendation(s):
Staff recommends that the City Council adopt a resolution declaring hazardous vegetation (brush) a public nuisance.
Background Information:
The City annually declares hazardous vegetation (brush) a public nuisance due to fire danger and enters into a contract (along with other municipalities) with Santa Clara County to abate the hazardous vegetation (brush) not removed by property owners. The focus of this program is the identification of perennial vegetation, brush, trees, and shrub in designated high fire hazardous areas.
The Santa Clara County Fire Department implements and manages a hazardous brush abatement program for the Wildland Urban Interface (WUI) areas (hillside areas) within its jurisdictional boundaries, which includes the incorporated areas of Monte Sereno, to provide defensible space for structures.
The City annually adopts the Hazardous Vegetation (Brush) Abatement Program and works with the County who serves as the enforcement agent and conducts their own inspections.
In February of each year, every property owner within a designated fire hazardous severity zone is notified that they must remove brush and vegetation from around their home to create defensible space. The brush abatement program entails inspections of hillside properties by fire crews beginning early April each year. If properties are found to not be in compliance with the regulations found in the California Fire Code and the Enforced Applicable Wildland Fire Safety Regulations relative to vegetation clearance, they are given notice of the violation. If compliance is still not achieved by June 1st each year, then they will be referred to the contractor authorized to perform the necessary work. A public hearing is set for June18th where all property owners in the Wildland-Urban Interface Fire Area in the City of Monte Sereno having any objections to the proposed abatement of brush will be heard and given due consideration. An additional inspection of all identified properties will be conducted after the hearing and prior to ordering any abatement work.
The costs associated with the abatement work are then placed on the property tax bill for that parcel.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council's agenda was posted at City Hall and the agenda and this report appear on the City's website.
Attachments:
Drafted Resolution
Exhibit A - Wildland Urban Interface Fire Area Map
RESOLUTION NO. 24-XXXX
RESOLUTION OF THE CITY COUNCIL
OR THE CITY OF MONTE SERENO
DECLARING HAZARDOUS VEGETATION (BRUSH)
A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT
WHEREAS, Sections 39560 and the following of the Government Code of the State of California authorize the City of Monte Sereno to declare that hazardous vegetation (brush) growing to such size and such type and in such locations as to constitute a fire hazard to the community may be declared a public nuisance and to compel owners, lessees, or occupants of buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and parkways, and upon the person’s failure to do so, to remove or abate such hazardous vegetation (brush) at the owner’s expense, making the cost of that abatement a lien upon the property, and
WHEREAS, the City of Monte Sereno has entered into an agreement with the County of Santa Clara to provide hazardous vegetation (brush) abatement services, and WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the Uniform Fire Code adopted by the City of Monte Sereno in the Hillside Areas identified and shown on the “Wild Land Urban Interface Fire Area” map (Attachment “A”) constitutes a public nuisance and should be abated immediately; and
WHEREAS, the Fire Department has mailed notices to property owners in the WildlandUrban Interface Fire Area notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Monte Sereno and the City Council hereby finds that hazardous vegetation (brush) is a wood, perennial plant usually with multiple stems and trunks under ten feet in height and is indigenous to the hillside area. Brush is also known to have a high oil, high resin, or low moisture contention in their leaves and branches. Examples of this type of plant material include California Sagebrush, Greaswood or Chamise, Scotch Broom and Toyon. Unabated growth of brush upon and adjacent to private property within the Wildland-Urban Interface Fire Area and adjacent parkways and sidewalks is a public nuisance, and should be abated. The City Manager or designee shall act as the Superintendent for purposes of giving notice, supervising performance of the agreement with the County of Santa Clara, and evaluating the costs of abatement.
BE IT FURTHER RESOLVED the City Clerk is directed to mail notice of this resolution to the persons designated by the Superintendent in conformance with the Government Code and publish notice of this resolution as provided in the Government Code.
BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush) violations are corrected by June 1, 2024 or within the time specified in a written agreement with the Superintendent or the Superintendent’s representative, the City of Monte Sereno shall cause such nuisance to be abated, and the expense thereof assessed upon the lots or lands from which or on which the abatement action occur, such expense to constitute a lien upon such lots or lands until paid, and to be collected upon the next real property tax roll upon which general municipal taxes are collected.
FURTHER RESOLVED, that on the 18th day of June, 2024 at a meeting of the City Council beginning at 7:00 P.M. in the Council Chambers, a public hearing will be held during which all property owners in Wildland-Urban Interface Fire Area in the City of Monte Sereno having any objections to the proposed abatement of brush will be heard and given due consideration.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Monte Sereno, California, held on the 7th day of May, 2024 by the following vote:
AYES:
NOES:
ABSENT:
BY_______________________________
Evert Wolsheimer, MAYOR
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
BY__________________________________
City of Monte Sereno
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