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Item2.Addendum with Attachments 7 and 8PREPARED BY: ERIN WALTERS AND JOCELYN SHOOPMAN Associate Planner and Associate Planner 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov MEETING DATE: 07/07/2022 ITEM NO: 2 ADDENDUM TOWN OF LOS GATOS HOUSING ELEMENT ADVISORY BOARD REPORT DATE: July 6, 2022 TO: Housing Element Advisory Board FROM: Joel Paulson, Community Development Director SUBJECT: Continue the Review and Discussion of the Draft Goals, Policies, and Programs. REMARKS: Attachment 7 contains information provided by a Board Member. Attachment 8 contains public comments received after the completion of the Staff Report. ATTACHMENTS: Attachments Previously Received with the June 16, 2022, Staff Report: 1.Draft Appendix Housing Needs Assessment 2.Draft Appendix Review of Previous Housing Element 3.2021 Annual Progress Report to HCD 4.Draft Goals, Polices, and Implementation Programs Attachments Received with the July 7, 2022 Staff Report: 5.Draft Affirmatively Furthering Fair Housing Assessment Data 6.HEAB Member Comment Attachments Received with this Addendum Report: 7.Information Provided by a Board Member 8.Public Comments received between 11:01 a.m., Friday, July 1, 2022 and 11:00 a.m., Tuesday, July 5, 2022. This Page Intentionally Left Blank From: Maria Ristow <MRistow@losgatosca.gov> Sent: Saturday, July 2, 2022 9:26 AM To: Laurel Prevetti <LPrevetti@losgatosca.gov>; Joel Paulson <jpaulson@losgatosca.gov>; Jennifer Armer <JArmer@losgatosca.gov> Subject: Article about middle housing This article was sent to me by a local resident in favor of increased housing options. If possible, I’d like to have it shared with GPAC, HEAB, Planning Commissioners and fellow council members, after the holiday weekend. https://www.dwell.com/article/portland-oregon-low-density-zoning-middle-market-housing-629bcc39 Thank you! Maria Maria Ristow Vice Mayor, Los Gatos Town Council To help avoid violations of the Brown Act, please don’t forward this email. ATTACHMENT 7 Article Link: https://www.dwell.com/article/portland-oregon-low-density-zoning-middle-market- housing-629bcc39 In Portland, Oregon, the Paths to Homeownership Are Multiplying The city’s low-density zoning reform in August of last year opened the door to lot splits and smallplexes—and developers, homeowners, and lenders have gotten busy building. Text by Michael Andersen In 2015, Eric Thompson heard that his city of Portland, Oregon, was considering overhauling its low-density zoning. He joined the project’s advisory committee with one paramount goal: to stop it. Thompson had built a local business knocking down small old homes in fancy parts of town and replacing them with bigger new ones—3,000 square feet or so. Now, the city was looking to rechannel housing investment away from projects like those and toward smaller homes. It seemed like a dagger aimed at his livelihood. "All I’d ever built for previously were the 5 percenters who could afford what today would be a million-dollar-plus house," Thompson recalls. Portland loosened rules for backyard accessory homes, allowing up to two at 800 square feet each. They no longer have to be smaller than the existing home. Illustration by Alfred Twu for Sightline Seven years later, today’s Eric Thompson could tell his former self a thing or two. At his firm, Oregon Homeworks, permit applications are flying out the door. His team has 70 homes around the city in its pipeline, enough to keep themselves busy for the next year. They’re all in the same Article Link: https://www.dwell.com/article/portland-oregon-low-density-zoning-middle-market- housing-629bcc39 leafy, close-in neighborhoods Thompson has long built in—except his sale prices have fallen sharply, to $425,000 to $550,000. They’ll be the least expensive newly built homes on the block by far. It’s not exactly the bottom of the market. But these days, he’s mostly left the "5 percent" behind and is signing deeds over to schoolteachers and restaurant managers, people who never thought they’d be able to afford new construction. Thompson’s business is alive and thriving; every one of its recent projects has turned a profit, he says, and financing hasn’t been too hard. Thompson’s secret: the argument he lost seven years ago. Despite his efforts in 2015, new homes of the size he once built are now illegal in most of the city. But in exchange, almost any residential lot is now allowed to have up to four modest homes on it. Welcome to Portland, America’s new test tube for rediscovering the "missing middle" of the housing market. The Fall and Rise of the Triplex Portland’s zoning reform, which took effect in August 2021, is part of a wave of similar changes across the United States and Canada. Houston, today the nation’s least expensive boomtown, arguably led the way by slashing minimum lot sizes to 1,400 square feet with a two-step reform in 1998 and 2013. Minneapolis made a splash when it legalized triplexes citywide in 2018. Cities from Walla Walla, Washington, to Greeley, Colorado, to Charlotte, North Carolina, have all made similar changes or set the wheels in motion to end bans on duplexes and lot splits. Don’t call it a revolution, though. Call it a comeback. One hundred years ago, duplexes, triplexes, quads, townhouses and backyard homes—"middle housing," they’ve recently been called—were legal almost everywhere. And they were fairly popular. In those days before the 30-year fixed-rate mortgage, one path to homeownership was to build a small duplex, rent out one side, and live in the other. Thanks to countless ad hoc arrangements like that, millions were built, often scattered through the low-density neighborhoods of the day. One out of 13 homes in the United States is part of a two- to four- unit building. But then, driven by a movement that was often deliberately segregationist, such buildings were gradually banned from most of our urban land between 1920 and 1960. Today these relatively affordable attached homes are disproportionately old, by far the oldest on average of any structure type. In other words, this heartwood of the country’s middle-class housing stock is slowly rotting out. Article Link: https://www.dwell.com/article/portland-oregon-low-density-zoning-middle-market- housing-629bcc39 Portland now allows "smallplexes," defined as two- to four-unit structures, to share a lot. The lot can be subdivided among a few side-by-side homes, even if some resulting lots don’t abut the street, providing low-cost ownership options. Illustration by Alfred Twu for Sightline Institute0002:24 In the last few years, as the issue has gained attention on both the left and right, politicians have turned to a new strategy for planting a new generation of mid-priced homes: state legislation. Statewide middle-housing bills have been introduced in 14 states since 2019, from Montana to North Carolina, and passed in three: Oregon, Maine, and (in 2021) the nation’s biggest housing market, California. California’s zoning reforms are likely to bring change to the construction lending market, says Susan Brown: first a trickle, then a torrent. Brown, an Oregon-based Certified Mortgage Banker and founder and CEO of CoreSGB, spent 17 years scaling up a regional construction lending program for Umpqua Bank and now consults with small to midsize companies to launch their own. One of the niches she carved out for Umpqua was financing to help homeowners add accessory cottages and, now, other middle-housing infill projects. A big constraint in Brown’s lending was the difficulty of reselling the resulting loans to Fannie Mae and Freddie Mac, the federally chartered loan companies. "That was our argument for years: If we could get Fannie and Freddie’s attention by having California do something, then we’d get somewhere," says Brown. Article Link: https://www.dwell.com/article/portland-oregon-low-density-zoning-middle-market- housing-629bcc39 A small detached home in inner Northeast Portland might have wound up demolished under the city’s old low-density zoning rules that allowed only oneplexes. Now, small detached homes can be added to the lot, and also several attached homes. Photo by Michael Andersen for Sightline Institute Now, it’s happening. In May 2022, President Biden ordered the federal agencies that guide mortgage lending to start opening new channels to loans for two- to four-unit structures and accessory dwelling units. Within a month, Freddie Mac announced that it would now accept rental income from a new ADU as part of qualification for a home renovation loan. Brown says she expects credit unions and community banks to be first to take advantage of this and other changes, followed by larger lenders. Eventually, she thinks, an array of entrepreneurs will come up with ways to help homeowners and other small-scale developers address local housing shortages and get more value from their property. In some cases, it might resemble the ways middle housing was financed a century ago. "As the demand opens up, there will be creativity and ingenuity," Brown says. "There will be capital to deploy, and it will find a vacuum." Flexible Rules for Ordinary People Meanwhile, in Portland, policymakers are continuing to tweak the new codes to make them more usable, especially by homeowners, nonprofits, and others with less capital. A round of changes coming into effect there on July 1 will add several such options. Fourplexes can be a bit larger, to accommodate home offices, larger families, and wheelchair-friendlier bathrooms. "Cottage clusters," which allow a few homes of various sizes around a shared yard, Article Link: https://www.dwell.com/article/portland-oregon-low-density-zoning-middle-market- housing-629bcc39 will be a new option by right. Projects meeting affordability standards will have a new option, hammered out by city staff with the local chapter of Habitat for Humanity: up to six attached homes on almost any lot, arranged side by side to allow private yards and porches. For projects meeting affordability standards, Portland will now allow up to six small homes side by side on any lot, including mid-block. Illustration by Doug Klotz for Portland: Neighbors Welcome Owners of large backyards will have an interesting new option, too. Instead of having to scrape together the cash for construction and hope to recoup it in future rent, they’ll be allowed to plan a small home and then sell the backyard as a small developable lot to a new neighbor. It’s got particular potential for homeowners who find themselves land-rich but cash-poor. "They don’t have to expend $150,000 on land," Brown says. "They already have the land." One of the most important new options might be invisible. Oregon’s state laws include new townhouse-specific codes to let property owners drop a lot line down the middle of a shared wall. That will allow homes in new smallplexes to be sold independently without the hassle of renting or condoizing. "I don’t think it’s on a lot of people’s radars," says Schuyler Smith, a Portland-based architect who specializes in townhouses and ADUs. "But as it becomes known more, I do think it’ll have an impact." Portland’s housing entrepreneurs, from homeowners to lenders to designers to developers, know they’re just droplets in a vast, roiling housing market. But they seem to take pride in the possibility that they’re riding the front of a wave. Their next weird idea for working within the new rules might be one that goes global. Article Link: https://www.dwell.com/article/portland-oregon-low-density-zoning-middle-market- housing-629bcc39 Portland’s new low-density zoning code allows three or more detached homes to share a lot, by right, when arranged around a shared courtyard. The flexible format is called a "cottage cluster." Photo courtesy of Ross Chapin Architects "We may not have the answer," says Mike Mitchoff, a builder whose firm, Portland Houseworks, has 42 homes in its pipeline so far that use the new rules. Mitchoff says they plan to use the new cottage cluster code to deliver new detached homes in the high $300,000s to low $400,000s. "But we have an answer." "It’s a brave new world," says Eric Thompson. "For those of us in the know, Portland has the most progressive, flexible building code in the U.S." Related Reading: Here’s How We Fix the Hole in the Middle of the Housing Market How to Build an Affordable America Published June 22, 2022 Last Updated June 23, 2022 Topics Design News This Page Intentionally Left Blank From: Emily Ramos <> Sent: Friday, July 1, 2022 7:26:41 PM To: Council <Council@losgatosca.gov>; Rob Rennie <RRennie@losgatosca.gov>; Maria Ristow <MRistow@losgatosca.gov>; Mary Badame <MBadame@losgatosca.gov>; Matthew Hudes <MHudes@losgatosca.gov>; Marico Sayoc <MSayoc@losgatosca.gov>; Joel Paulson <jpaulson@losgatosca.gov> Cc: Mathew Reed <> Subject: Housing Element – Anti-displacement policies to Affirmatively Further Fair Housing EXTERNAL SENDER Dear Mayor Rennie, Vice Mayor Ristow, and Councilmembers Badame, Hudes, and Sayoc: On behalf of SV@Home, please see the attached letter about anti-displacement policies to affirmatively further fair housing in the housing element. Kind regards, Emily Ann Ramos Preservation and Protection Associate, SV@Home I Website Facebook LinkedIn Twitter Become a Member ATTACHMENT 8 July 1, 2022 RE: Housing Element – Anti-displacement policies to Affirmatively Further Fair Housing Page 2 of 4 350 W. Julian Street, Building 5, San José, CA 95110 408.780.8411 • www.svathome.org • info@siliconvalleyathome.org Based on the work in Palo Alto, and a number of other cities, below are a number of policies that the Town of Los Gatos should consider, or build upon, to further the community’s anti-displacement goals by addressing housing instability. 1) Rental Survey Program Rental survey systems collect basic information on rental housing – changes to tenancies, changes to rents - to empower cities to better understand the challenges faced by renters, and the effectiveness of state and local renter protections. 2) Tenant Relocation Assistance When tenants are displaced due to redevelopment of an existing rental property, or the conversion of that property to another use, this policy would require the property owner to provide assistance to the tenant to help them relocate to another home. 3) Eviction Reduction Program This expands on existing state law (AB 1482: The Tenant Protection Act of 2019), which limits the reasons a landlord can evict a tenant, to additional types of rental properties otherwise not covered by the state. Local jurisdictions can determine which loopholes they would like to close. Currently, state law exempts: a) Single family homes not owned by a corporation b) Rental property built within the past 15 years, including accessory dwelling units. c) Any duplex where the owner occupied the unit before the other unit’s tenancy and continues to occupy the unit. d) Housing restricted by a deed, regulatory restrictions, or other recorded document limiting the affordability to low or moderate income households. e) Mobile homes. f) Rental property subject to local ordinances that restrict rent increases to less than 5% plus CPI. g) Single family homes where the owner occupies and rents at least 2 bedrooms or units (ADUs and JADUs). h) Owner occupied rental properties where the tenant shares bathroom or kitchen facilities with the owner. i) Hotels j) Rental property provided by non-profit hospitals, organizations such as churches, extended care for the elderly, adult care facilities etc. 4) Anti Rent-Gouging Policy This policy also expands on existing state law (AB 1482: The Tenant Protection Act of 2019), which limits annual rent increases to 5% plus the Consumer Price Index (CPI), by including additional units exempted by state law. Each city can determine which loopholes they would like to close. They can also adopt lower thresholds for maximum increases like San Jose (5%) and Mountain View (CPI). Currently, state law exempts: a) Single Family homes not owned by a corporation b) Rental property built within the past 15 years, including accessory dwelling units. c) Any duplex where the owner occupied the unit before the other unit’s tenancy and continues to occupy the unit. d) Housing restricted by a deed, regulatory restrictions, or other recorded document limiting the affordability to low or moderate income households. e) Mobile homes. f) Hotels July 1, 2022 RE: Housing Element – Anti-displacement policies to Affirmatively Further Fair Housing Page 3 of 4 350 W. Julian Street, Building 5, San José, CA 95110 408.780.8411 • www.svathome.org • info@siliconvalleyathome.org 5) Security Deposit Limit This policy would limit the amount that can be charged for security deposits to 1.5 times the monthly rent, and help reduce the financial obstacles to entry for low-income households. 6) Fair Chance Ordinance This ordinance would limit landlords' ability to ask applicants about their history of interaction with the criminal justice system, which disproportionately impacts Black and brown households. The policy would not make it illegal for landlords to run background checks on tenants, but would make it illegal to include these questions on the initial rental application. 7) Right to Counsel This program would provide tenants with legal assistance in eviction cases. Tenants experiencing housing instability will be better able to enjoy the rights they have, feel more empowered to exercise those rights, and be more likely to stay housed more often. 8) Tenant/Community Opportunity to Purchase (TOPA/COPA) The local jurisdiction could provide tenants and/or community-based organizations notice of intended sale of rented property, and provide a specific time period during which the tenants and/or organization have the opportunity to purchase the property. Tenants at risk of being displaced through the sale of a building would be provided with another option to potentially stay in their home. A version of this policy is actively being explored and studied in the City of San Jose. 9) Proactive Rental Inspection This establishes a program for code enforcement officers to routinely inspect the rental housing inventory. Through these programs tenants are more likely to be protected from living in substandard housing, and local jurisdictions may catch habitability issues before they become so large that they require “red tag” evictions. 10) Tenant Resource Center As a response to the pandemic, the cities of San Jose and Mountain View created Eviction Help Centers where tenants and landlords could receive information on local laws, assistance to apply for rent relief and legal aid. These cities are now looking at making the centers a permanent tenant/housing resource center post-pandemic. 11) City-wide Affordable Rent Portals A portal for submitting a common application for affordable housing would save the tremendous amount of time and energy it currently takes to submit the same information on separate applications for each affordable property. A clearinghouse of affordable housing opportunities would also allow the city or county to affirmatively market to vulnerable and hard to reach populations. Current examples of these portals include San Jose Doorways and Dalia in San Francisco. 12) Increase Multi-lingual engagement with city services and housing opportunities Language barriers can keep many communities from accessing the housing opportunities and services they need. Taking steps to increase the city’s capacity to engage under multiple languages can improve those outcomes. 13) Net-loss policy SB 330 (The Housing Crisis Act of 2019) requires that protected units are replaced one-for-one in cases of the redevelopment of a rental property. These provisions are currently mandated by state law, but local jurisdictions July 1, 2022 RE: Housing Element – Anti-displacement policies to Affirmatively Further Fair Housing Page 4 of 4 350 W. Julian Street, Building 5, San José, CA 95110 408.780.8411 • www.svathome.org • info@siliconvalleyathome.org can adopt permanent no-net-loss ordinances. This policy would protect critical sources of housing affordable to lower-income families, and incentivize higher-density infill redevelopment when paired with land use policies to support the feasibility of this redevelopment. These policies have been developed with consideration of some of the major barriers to housing stability, and causes of displacement, which have been identified through an extensive research and engagement process in Palo Alto, and a few other jurisdictions in the county. Through the housing element, these anti-displacement policies should be considered a comprehensive package of responses to address the complexity of the challenges faced by renters in Los Gatos. For further information and if you have any questions, please feel free to reach out to our Preservation and Protection Associate, Emily Ann Ramos at emily@siliconvalleyathome.org. Thank you for considering anti-displacement and tenant protections solutions to affirmatively further fair housing. Sincerely, Mathew Reed Policy Director This Page Intentionally Left Blank