02 Desk Item - Housing Element UpdateMEETING DATE: 11/12/02
ITEM NO.
DESK ITEM
COUNCIL AGENDA REPORT
DATE: November 12, 2002
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: GENERAL PLAN AMENDMENT TO ADOPT THE HOUSING ELEMENT
UPDATE: FILE #GP-02-01, ND-02-03. APPLICANT: TOWN OF LOS
GATOS
DISCUSSION:
HCD Comments
On November 12, 2002, staff had further discussion with the State Department of Housing &
Community Development (HCD) regarding the proposed language changes to the Housing Element
Technical Appendix. There are four remaining issues to be resolved as follows:
• Site designation for rezoning to higher density
The Council report includes a complete discussion on this topic. Staff has proposed to target
the area within a 1/2 mile radius of the future Vasona light rail station for possible rezoning
to a higher density. Language will need to be added to the Housing Element Technical
Appendix in the form of describing the land uses and the approximate parcel sizes within
each land use category, as requested by HCD.
• ADA compliance
Wording clarification is needed in the Technical Appendix to indicate that the Zoning
Ordinance is in compliance with the Americans with Disabilities Act (ADA). Language is
also needed to describe the process for retrofitting an existing home.
PREPARED BY: BUD N. LORTZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
N:\DEVISUZANNE1CouncilADesk Items\Housing Element -I I-12-02.wpd
Reviewed by: Assistant Town Manager Town Attorney Clerk Finance
Community Development Revised: 11/12/02 5:11 pm
Reformatted: 5/30/02
r
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HOUSING ELEMENT UPDATE
November 12, 2002
• Provisions for homeless and transitional facilities
HCD expressed a concern that homeless shelters and transitional facilities are not the same
as a Group Home. The Town would process a proposal for a homeless shelter or transitional
facility under this category. Staff will clarify this process by revising the Technical
Appendix. The revised language will reference the Town Code as a source of information
on the Conditional Use Permit (CUP) process. A CUP would be required for a homeless or
transitional facility for seven or more people.
• Architecture & Site approval process clarifications
Additional language is needed in the Technical Appendix to address on and off -site
improvements that may be required under an Architecture & Site approval, as well as to
explain arborist report requirements.
Negative Declaration Comments
The review period for the Negative Declaration ended November 11, 2002 at 5:00 pm. Comments
on the draft Negative Declaration were received late on November 8, 2002, following distribution
of the Council packet. Attachment 7 is a letter from the Santa Clara Valley Water District advising
that future housing projects will be subject to NPDES storm water management criteria. The
comment is of an advisory nature and does not require any changes to the environmental documents
or action to be taken at this time. Attachment 8 is a letter from the State Department of
Transportation (Cal Trans), and advises that any housing project with 100 or more units is required
to be reviewed by that agency. A second comment about the need for an encroachment permit
relates to the Sobrato Vasona Gateway project. A copy of the letter has been forwarded to Sobrato
Development. No changes are needed to the Negative Declaration.
CONCLUSION:
It is recommended that the Council make the Negative Declaration and adopt the Resolution
(Attachment 1 to the staff report) updating the Housing Element of the General Plan by adopting
General Plan Amendment GP-02-01 and repealing Resolution 19997-56, and direct staff to revise
language in the Housing Element Technical Appendix as set forth is this desk item.
Attachments:
1.-5 Previously distributed
6. Letter from HCD (six pages), received November 12, 2002
7. Letter from Santa Clara Valley Water District (one page), received November 8, 2002
8. Letter from State Department of Transportation (one page), received November 8, 2002
BNL:SD
11/12/2002 17:41 9163272643
HPD
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s.TATE OFC?1-JFORNI 1311S1NESS T ANR� S_ RTnrinN
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Division of Housing Policy Development
1 ROO Third Street, Snite 430
`cN0. Box 952053
Sacromento. CA 94252-2053
W14wW.hC11.Ma. Q
(916) 123-3176 / FAX; (916) 327-2643
November 12, 2002
Mr. Bud Lortz
Director of Community Development
Town of Los Gatos
1.10 East Main Street
Los Gatos, California 95031
Dear Mr. Lortz:
Re: Review of the Town of Los Gatos' Revised Draft Housing Element
Thank you for submitting the Town of Los Gatos' revised draft housing element, received for our
review on. September 13, 2002. As you know, the Department of Housing and Community
Development (Department) is required to review draft housing elements and report our findings to the
Town pursuant to Government Code Section 65585(b). Our review was facilitated by telephone
conversations with you and Mr. Tom Williams of the Town's staff and Ms. Melanie Schaffer Freitas,
the Town's consultant.
Los Gatos' revised draft housing element addresses several of the statutory requirements described in
our June 17, 2002 review. For example, the element now documents the affordability of units
constructed in the Town since January 1, 1999, states that CDBG and HOME funds arc available to
preserve units at -risk of losing affordability controls during the current planning period, and includes
an expanded analysis of the Town's parking standards and household characteristics. However,
revisions to the Town's housing element are still needed to comply with State housing element law
(Article 10.6 of the Government Code)- In particular, the element should demonstrate that Los Gatos
has identified adequate sites to accommodate the Town's remaining share of the regional housing
need for lower- and moderate -income households. These and other changes needed to bring
Los Gatos' housing element into compliance with State law are summarized in the Appendix.
We hope our comments are helpful and we are available to assist the Town in updating its housing
element. If you have any questions or would like to arrange a meeting in. Los Gatos or Sacramento,
please contact Michelle Woods, of our staff, at (916) 327-8881.
In accordance with requests received pursuant to the Public Records Act, we are forwarding a copy of
this letter to the individuals listed below.
Sincerely,
Cathy E�reswell
Dcputy erector
Attachment 6
Enclosure
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HPD
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Mr. Bud Lortz
Page 2
cc: Tom Williams, Town of Los Gatos
Melanie Schaffer Freitas, Freitas + Freitas
Mark Stivers, Senate Committee on Housing & Community Development
Suzanne Ambrose, Supervising Deputy Attorney General, AG's Office
Terry Roberts, Governor's Office of Planning and Research
Kimberley Dellinger, California Building Industry Association
Marcia Saikin, California Association of Realtors
Marc Brown, California Rural Legal Assistance Foundation
Rob Weiner, California Coalition for Rural Housing
John Douglas, AICP, Civic Solutions
Deanna Kitamura, Western Center on Law and Poverty
S. Lynn Martinez, Western Center on Law and Poverty
Alexander Abbe, Law Firm of Richards, Watson & Gershon
Ruben Duran, Law Firm of Neufield, Jaffe & Levin
I1cne J. Jacobs, California Rural Legal Assistance, Inc.
David Booker, California Housing Council
Sue Hestor, Attorney at Law
Paul Campos, Horne Builders Assoc. of Northern California
Shannon Dodge, Non -Profit Housing Association of Northern California
Eve Bach, Arc Ecology
William Litt, Bay Area Legal Aid
11/12/2002 17:41 9163272643 HPD
PAGE 04/07
APPENDIX
Town of Los Gatos
The following changes would bring Los Gatos' revised draft housing element into compliance with.
Article 10.6 of the Govemment Code. Accompanying each recommended change we cite the
supporting section of the Government Code. The particular program examples or data sources listed arc
suggestions for your use.
Housing element technical assistance information is available on our website at www.hcd.ca.Rov. Refer
to the Division of Housing Policy Development and the section pertaining to State Housing Planning.
Among other resources, the Housing Elements section contains the Department's publication. Housing
Element Questions and Answers (Qs and As) and the Government Code addressing State housing
clement law.
A. Housing Needs, Resources and Constraints
1. Expand the inventory of land suitable for residential development, including vacant sites and
sites having potential for redevelopment, and analyze the relationship of zoning and public
services available to these sites (Section 65583(a)(3)).
a. In response to our June 17, 2002 review, Los Gatos has revised its land inventory to
include a description of the Vasona Gateway, Terreno de Flores, and Los Gatos Village
Creek developments, and, a staternent indicating that the Town will consider rezoning at
least five acres of medium density land to a higher density if the Town's Below Market
Price (BMP) program does not produce the number of units needed to accommodate the
Town's remaining share of the regional housing need for very low-income persons by late
2003.
While Los Gatos has achieved some success in facilitating affordable housing development
with its BMP program, such inclusionary programs are not interchangeable with site
programs. Housing element law requires Los Gatos to identify adequate sites, which will
be made available with appropriate zoning and development standards, to accommodate
the Town's share of the regional housing need for lower -income households. Furthermore,
a proposal Co "consider" rezoning medium density ]and to an unspecified higher density
use does not demonstrate a firm commitment on the Town's part to provide the needed
sites nor indicate the adequacy of such zoning to address the need.
illustration #19 includes over 400 acres of land that has been designated for residential use,
however, as described in our June 17, 2002 review, the element does not address the
adequacy of the development standards applied to those sites. For example, the Town
proposes to accommodate units affordable to very low-income households on sites zoned 5
to 12 units to the acre and units affordable to moderate -income households on sites zoned 1
to 5 units to the acre. It appears that these affordability projections are not based upon the
appropriateness of the zoning densities, but upon the expectation that the cost of the lower -
and moderate -income units will be substantially subsidized by the Town's BMP program.
As noted above, the BMP program can not be used in lieu of a program to identify
adequate sites with appropriate zoning and development standards.
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2
The element discusses the potential for accommodating high -density residential
development through Los Gatos' mixed -use program and its enhanced density bonus
program (page 50). In regards to thc Town's mixed -use program, the element cites the
example of thc Vasona Gateway project, which was developed at an "effective" density of
30 units to the acre. A density of 30 units to the acre would certainly be adequate to
accommodate very low- and moderate -income housing in Los Gatos, however, the element
does not explain how the "effective" density of the Vasona project was calculated or
whether such a density could be replicated on another site. Furthermore, the element does
not fully describe the Town's residential mixed -use development standards or the financial
and regulatory incentives the Town provides to encourage residential mixed -use projects
(see comment A.2.d of our June 17, 2002 review letter). Los Gatos' enhanced density
bonus is a noteworthy strategy for affordable housing development, but more information
about the implementation and adequacy of this strategy is required. For example, such a
proposal should be implemented to apply to specific parcels through the use of an
affordable housing overlay or similar program.
As a result of the issues described above, Los Gatos should take additional measures to
identify adequate sites to accommodate its remaining share of the regional housing need.
Please refer to comment B.1.a below.
b. Describe the number of parcels in the RM:5-12 and RI-D sites and whether any of the sites
identified for lower- and moderate -income use are less than one acre in size. If yes, the
element should describe any assistance the Town will provide to facilitate and encourage
development of small parcels and any recent trends within Los Gatos that demonstrate the
feasibility of development on small lots. Note the element was not revised to address this
requirement (see comment A.2.b of our June 17, 2002 review).
c. Analyze whether any sites require rezoning to achieve the unit projections provided in
Illustration #19. Note the element was not revised to address this requirement (see
comment A.2.c of our Junc 17, 2002 review).
d. The discussions on pages 41 and 50 indicate that mixed -use development is permitted in
any residential zone, that mixed -use development is processed as a Planned Development,
and the Town is refining a plan to encourage mixed -use development. To ensure the
success implementation of program #4 and to demonstrate that the Town has the ability to
accommodate all or a portion of its remaining new construction need with residential
mixed -use projects, the element should also describe densities, floor area ratios, parking
requirements for mixed -use development; as well as any financial and regulatory
incentives Los Gatos will use to encourage mixed -use development (see comment A.2.d of
our June 17, 2002 review).
2. Analyze potential and actual governmental constraints upon the maintenance, improvement,
and development of housing for all income Ievels, including land use controls and local
processing and permit procedures. The analysis shall also demonstrate local efforts to remove
governmental constraints that hinder the locality from meeting its share of the regional
housing need in accordance with Section 65584 (Section 65583(a)(4)).
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3
a. In response to our June 17, 2002 review, Los Gatos has expanded the analysis (page 46) to
include a more detailed summary of the permitting process for residential mixed -use
projects. However, except for a brief reference to arborist and architectural reviews, it
does not address the actual design and compatibility issues the Town considers before
approving a project. The element should be revised to include this information. It should
also clarify if the permitting process described (pagc 46) also applies to other types of
multifamily projects. Finally, in regards to the arborist and architectural reviews, the
element should describe these reviews in greater detail and clarify their impact on the
supply and cost of housing. For assistance, please refer to the Department's Qs and As
publication (page 22).
b. The element describes (page 46) Los Gatos' code enforcement policies; however, it does
not appear that the element was revised to include an analysis of on- and off -site
improvement requirements. Please refer to comment A.4.b of our June 17, 2002 review
letter.
c. We commend Los Gatos for its efforts to require universal design features in residential
projects (page 43). In order to comply with the requirements of recently enacted
legislation (Chapter 671, Statutes of 2001), the element should also describe the Town's
permitting process for ADA retrofits and indicate whether or not the Town's zoning code
is in compliance with the ADA. For more information please refer to comment A.4.d of
our June 17, 2002 review letter.
B. Housing Programs
1. Identify adequate sites which will be made available through appropriate zoning and
development standards and with public services and facilities needed to facilitate and
encourage the development of a variety of types of housing for all income levels, including
rental housing, .factory -built housing, mobilehon7.es, and emergency shelters and transitional
housing and sites for farmworker housing. Where the inventory of sites, pursuant to
paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for
groups of all household income levels pursuant to Section 65584, the program shall provide
for sufficient sites with zoning that permits owner -occupied and rental multifamily residential
use by right, including density and development standards that could accommodate and
facilitate the .feasibility of housing for very low- and low-income households (Section
65583(c)(1)).
a. Depending upon the outcome of the analysis described above, Los Gatos may need to
adopt additional policies to accommodate its remaining share of the regional housing need
for very low- and moderate -income persons. For example, the Town may need to adopt
one or more of the following policies:
• Identify an area within the Town where high -density, transit -oriented development will
be allowed and facilitated, the densities at which the development will occur, and the
number of units that could be accommodated.
■ Identify an area within the Town where residential mixed -use will be allowed,
encouraged and facilitated, the applicable development standards (see comment A.2.d
of our June 17. 2002 review letter), and the number of units that could be
accommodated.
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4
• Apply an enhanced density bonus, through an affordable housing overlay or other
program, to specific parcels that currently has a RM:12-20 zoning designation.
• Rezone RM:5-12, R1-D, H-R, or R-1 sites for RM:12-20 use. Note this policy would
only be appropriate if the element can demonstrate that development can occur at the
top of the RM:12-20 range.
b. In response to our Junc 17, 2002 review, Los Gatos has included a statement in the element
indicating that the Town does not have any zoning constraints specifically for homeless or
transitional housing (page 16). To meet the requirements of State law, the element should
identify zoning districts where emergency shelters and transitional housing are allowed by
permitted or conditional use and describe how the development of these uses is facilitated
and encouraged by Los Gatos' land use policies. For more information about this
requirement, refer to the Department's Qs and As publication (page 35).
2. The housing element shall contain programs, which "address, and where appropriate and
legally possible, remove governmental constraints to the maintenance, improvement, and
development of housing" (Section 65583(c)(3)).
As noted above, Los Gatos' housing element requires a more thorough analysis of potential
governmental constraints. Depending upon the results of that analysis, the Town may need to
add programs to remove or mitigate any identified constraints.
408 266 9751;
NOV-8-02 20:07; PAGE ill
SENT BY: SCVWD CPRU
SCVWD File: 24561
Date: November 8, 2002
Santa Clara Valley Water District6
Community Projects Review Unit, Main Building
5750 Almaden Expressway, San Jose, CA 95118
My Phone Number: (408) 265-2607 ext. 2439
My Fax Number: (408) 266-9751
My E-mail: vincstep@scvwd.dst.ca.us
To
Company or Agency
Fax Number
Suzanne Davis
Town of Los Gatos, Planning Dept.
(408)
354-7593
From: Vincent Stephens
Total Pages, including cover sheet: 1
Subject: Housing Element Update Initial Study and Negative Declaration
Message :
the Santa Clara Valley Water District (District) has reviewed the subject notice and we have no specific comments on the
negative declaration. However, the District would like to remind the Planning Department that development and
redevelopment ofmulti-family or high density residential sites should incorporate non -point source water quality treatment
measures into those parcels that are proposed for development. Post construction non point source treatment measures
such as bio filters and vegetated swales can be used in landscaped or vegetated areas. In addition, should any identified
N parcel be located adjacent to a creek, adequate set backs should be included in the site development plans to provide a
buffer between the development and the waterway.
If yo have any questions, or need further information, you can reach me at (408) 265-2607, extension 2439.
Sic ly,
Viri+bent Stephens
to hens
Associate Engineer
Community Projects Review Unit
Attachment 7
tleadyusarrerralMailing Address, 5750 Almaden Expressway, San Jose, CA 95118, (40$) 265-2600
STATE OF CALIFORNIA—BUSINESS. TRANSPORTATION AND HOUSING AGENCY
GRAY DAVIS. Governor
DEPARTMENT OF TRANSPORTATION
P. 0. BOX 23660
OAKLAND, CA 94623-0660
(510) 286-4444
(510) 286-4454 TDD
- /3 2002
TOWN OF LOS GATOS
PLANNING DEPARTMENT
November 4, 2002
Flex your power!
Be energy efficient!
SCL-General
SCL000153
SCH 2002102052
Ms. Suzanne Davis
Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos, CA 95030
Dear Ms. Davis:
General Plan Housing Element Update — Initial Study/ Negative
Declaration (ND)
Thank you for including the California Department of Transportation (Department)
in the environmental review process for the general plan update. We have
examined the ND and have the following comments to submit:
1. Please submit future land use project's that generate 100 or more new peak hour
trips to the Department for review to ensure that any significant traffic impacts
to State facilities are mitigated.
2. Should there be a need to perform any work or traffic control within the State
right-of-way (ROW) during construction of the proposed 125 housing units, an
encroachment permit will be required. To apply, a completed encroachment
permit application, environmental documentation, and five (5) sets of plans (in
metric units), clearly indicating State ROW, need to be submitted to the
following address:
Mr. Sean Nozzari, District Office Chief
Office of Permits
California Department of Transportation, District 04
P. O. Box 23660
Oakland, Ca 94623-0660
"Caltrans improves mobility across California"
Attachment 8
Ms. Suzanne Davis/ Town of Los GE
November 4, 2002
Page 2
Should you require further information or have any questions regarding this letter,
please call Maija Cottle, of my staff at (510) 286-5737.
Sincerely,
TIMOTHY C. SABLE
District Branch Chief
IGR/CEQA
c: Gregoria Garcia (State Clearinghouse)
"Caltrans improves mobility across California"
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Senior Group Residence Program
- affordable housing and supportive services -
Introduction
When Project Match was incorporated in 1977, the senior population of Santa Clara County
was 95,000. By1999, the Santa Clara County population of people 60 years of age and older had
more than tripled to 300,000 comprising 18% of a total county population of 1.7 million. This is
the fastest growing age group in California today. If income is limited, as it is for over 60% of
seniors living in Santa Clara County, even housing is threatened. In fact, 36% of seniors in the
County have annual incomes below $30,000 a year. And as we grow into our elder years, we
often face personal challenges: loss of loved ones, health issues, and the need for financial and
community resources. In large part, due to economic burdens and social isolation, depression
and suicide rates are highest among the senior population.
Project Match was first in the nation to explore "home sharing," an innovative housing
strategy for seniors with low incomes. We began by helping seniors who needed affordable
housing to rent rooms from seniors who had homes to share and wanted the companionship and
extra income generated by renting the room. Now, through the Senior Group Residence Program,
Project Match develops existing single-family homes into efficient and cost effective affordable
housing for seniors with low incomes. Most importantly the Senior Group Residence Program
keeps seniors in a neighborhood setting, and reduces the loneliness and social isolation often felt by
seniors who live alone.
Affordable Housing for Seniors
In the mid 1980s, Project Match began the Senior Group Residence Program by renting a six -
bedroom house in San Jose, furnishing the common areas of the house, installing phone and
cable, and renting rooms at affordable rates to seniors. Project Match's Senior Group Residence
Program has proven effective in providing seniors not only affordable housing but also in promoting
an environment of community with other seniors. Housemates become close friends, providing
each other with invaluable support, companionship, and security in case of an emergency. Each
senior has a private bedroom and shares the common areas of the home.
Today we manage 37 units of affordable housing for seniors in San Jose, Santa Clara,
Sunnyvale, Campbell, and Saratoga. The average age of current residents is 73 years; the
average income is $1,200. Rent, including utilities, phone, and cable averages just $395 a
month.
Support Services for Residents
Sharing a home with other seniors can be a wonderful experience. At the same time, we
realize that there may be challenges to such an arrangement These challenges include
interpersonal conflict, learning to share a home after decades of independence, dealing with the
grief of losing loved ones, and having to leave a beloved home behind. Knowing that the Case
Manager is available to help overcome such challenges can make a big difference in the well
being of these seniors. Therefore, we offer on -going case management services to all residents in
our homes.
Case management services facilitate a positive living experience for the residents on three
levels: First, the Case Manager gets to know each person individually, offers on -going needs
assessment, monitors the resident's health, acquires needed services, and generally helps ease
that person into a shared living arrangement through emotional support. Second, the Case
Manager works with the group as a whole, providing conflict resolution, teaching socialization
skills where necessary, and helping the residents create a warm and comfortable community of
friends. Finally, the Case Manager serves as a liaison between the home and the community at -
large. The goal is always to create a real home. This means that in addition to helping the
residents feel comfortable together, the Case Manager strives to integrate the residents into the
neighborhood.
The Goal
The goal of Project Match is to develop safe, affordable housing with supportive services that
enhance the abilities of elders to live fully and well.
Project Match, Inc. • 512 Valley Way, Milpitas CA 95035 • Phone 408-416-0271
Bob Campbell, Executive Director • Bob@projectmatch.org
Capitol Funds Provided By: the City of Campbell, City of Santa Clara, City of Mountain View, City of Sunnyvale, County of Santa Clara and
the Valley Foundation
Services and Special Projects Funded By: AMD Corporation, the City of Saratoga, Farrington Foundation, Mission City Fund,
Wells Fargo Bank and by individual donations.
Project Match is a United Way Agency