Item2.Staff Report with Attachments 1 and 2
PREPARED 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: 08/04/2022
ITEM NO: 2 TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: July 29, 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.
BACKGROUND:
On June 16, 2022, and July 7, 2022, the HEAB began discussion and review of the draft Housing
Element Goals, Policies, and Implementation Programs.
At the June 16, 2022, meeting the HEAB provided staff the following direction and modifications
to the draft Goals, Policies, and Implementation Programs:
1. Add an Implementation Program related to commercial linkage fees;
2. Add an Implementation Program related to reduced parking;
3. Add an Implementation Program related to a 100 percent affordable project located in a
General Plan Land Use Designation of Mixed-Use;
4. Add an Implementation Program related to density and height incentives;
5. Add an Implementation Program related to the preservation of existing multi-family housing;
6. Add an Implementation Program related to a yearly meeting between staff and developers
to discuss constraints to affordable housing projects;
7. Add a verb to Goal HE-5;
8. Provide an introductory sentence for each Goal;
9. Modify the order of Goal 1 and Goal 3; and
10. Modify the terminology for Goal 1 and Goal 3.
At the July 7, 2022, meeting the HEAB provided staff the following direction and modifications to
the draft Goals, Policies, and Implementation Programs:
1. Incorporate the suggestions provided in the July 7, 2022, Desk Item Report by Commissioner
Janoff;
2. Add an Implementation Program which reduces parking requirements;
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SUBJECT: Continue the Review and Discussion of the Draft Goals, Policies and
Implementation Programs
July 29, 2022
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Programs\Item2.Staff Report.docx
BACKGROUND (continued):
3. Add an Implementation Program which discusses the preservation of existing, smaller
housing to prevent the demolition and construction of a new, larger single-family home;
4. Add an Implementation Program to incentivize the construction of detached ADU’s;
5. Add a new goal for removing government constraints to the production of new housing;
6. Re-word Policy HE-1.2;
7. Re-organize the existing Goals, Policies, and Implementation Programs similarly to the
Housing Elements for the cities of Folsom and Yorba Linda;
8. Remove Implementation Program E;
9. Modify Implementation Programs I and J to remove the term ‘missing middle’ per the
adopted General Plan 2040. Additionally, add an educational component to these programs
to help the public understand how to accomplish this type of development;
10. Add a policy which addresses preserving natural affordable housing;
11. Re-word Policy HE-3.1;
12. Re-word Policy HE-3.6 to discuss other models of senior living, such as down-sizing;
13. Remove the term ‘elderly’ from Policy HE-3.7 and replace with ‘senior’ for consistency;
14. Add a requirement that assisted living facilities comply with the Town’s Below Market
Program;
15. Move Policy HE-3.4 to Goal HE-5;
16. Add an Implementation Program for weather shelters to provide services for the unhoused
population;
17. Modify all Implementation Program language to make the intent clearer;
18. Modify Implementation Program AE to use stronger language to describe green building;
19. Add reference to water conservation in the introduction section;
20. Modify HE-5.1 to use stronger and more inclusive language to describe sets of persons;
21. Modify the title of Goal HE-5 to include reference to fair housing;
22. Add a standalone Goal for Affirmatively Furthering Fair Housing (AFFH); and
23. Add an Implementation Program to re-zone the Cal Trans property off of Oka Road.
DISCUSSION:
The purpose of this meeting is to complete the review of the draft Goals, Polices, and
Implementation Programs of the Housing Element, now that it has been updated in response to
the comments listed above (Attachment 1). The Goals, Policies, and Implementation Programs
section is a critical component of the Housing Element and is intended to address the housing
needs of Los Gatos.
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SUBJECT: Continue the Review and Discussion of the Draft Goals, Policies and
Implementation Programs
July 29, 2022
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Programs\Item2.Staff Report.docx
DISCUSSION (continued):
Discussion and Direction
The following questions were raised to the Town Attorney by the HEAB at the July 7, 2022,
meeting. The Town Attorney’s response is provided below each question in italic font, followed
by staff’s response in the bolded text.
1. Can the Town impose different floor area ratio and/or building height requirements for
single-family homes versus multi-family homes?
A zoning ordinance is a legislative act, which will generally be upheld so long as the zoning
ordinance is reasonably related to public welfare [Associated Homebuilders, Inc. v. City of
Livermore, 18 Cal.3d 582 (1976)]. In order to determine whether a zoning ordinance is
reasonably related to public welfare, a court will:
a) Forecast the probable effect and duration of the restriction;
b) Identify competing interests affected by the restriction; and
c) Determine whether the regulation, in light of its probable effect, represents a reasonable
accommodation of the competing interests.
In the Town Attorney’s opinion, if the Town were to determine that different floor area ratio
or building height standards were needed in order to encourage multi-family housing, it is
more likely than not that a court would uphold such a zoning ordinance.
Per the Town Code, floor area ratio does not apply to a multi-family development, unless
developed as multi-family with detached single-family condominium units with a common
shared area. The HEAB may choose to develop a new floor area ratio standard for multi-
family development with single-family condominium units.
2. Can the Town prohibit the demolition of existing residences after purchase for a specified
period of time?
As described above, a zoning ordinance will generally be upheld if it is reasonably related to a
legitimate government goal and does not result in an unconstitutional “taking” of private
property. A regulation will constitute a “taking” if it deprives a property owner of all
economically viable use of real property. In general, an anti-demolition ordinance would not
deprive property owners of all economically viable use of real property. If the Town were to
adopt such an ordinance, it would be important to include an exemption for situations in
which application of the ordinance would result in a “taking.” The California Supreme Court
has upheld a Santa Monica anti-demolition ordinance against a challenge that it violated a
property owner’s due process rights by restricting his right to exit the rental property
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SUBJECT: Continue the Review and Discussion of the Draft Goals, Policies and
Implementation Programs
July 29, 2022
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Programs\Item2.Staff Report.docx
DISCUSSION (continued):
business [Nash v. City of Santa Monica, 37 Cal.3d 97, 109-09 (1984)].
Policy HE-4.4 has been added to encourage maintaining naturally affordable housing types,
such as duplexes and townhomes (Attachment 1).
3. Can the Town require assisted living facilities to comply with the Town’s Below Market Price
Program?
The Town’s Below Market Price (BMP) Program policy applies to “all residential projects,
mixed-use projects, multiple-family dwelling projects, residential condominium projects,
condominium conversions, and residential planned development projects that include five or
more residential units.” While there are no California cases on point, there is a federal case
holding that assisted living facilities do not constitute “residences” [431 E. Palisade Ave. Real
Estate, LLC v. City of Englewood, 977 F.3d 277 (2020)]. Based on that federal precedent, it is
the Town Attorney’s opinion that the Town’s BMP Program cannot be applied to assisted
living facilities.
Based on the opinion of the Town Attorney, this modification was not included.
At the July 7, 2022, HEAB meeting, it was recommended to create a standalone Goal for AFFH.
At the guidance of the Town’s Housing Element Consultant, it was recommended not to do so,
as it would result in an unbalanced distribution of the Policies and Implementation Programs.
Rather, staff has provided an AFFH icon within the document to highlight if a Policy is directly
related to AFFH compliance.
The following questions are provided to guide the HEAB in their discussion on the proposed
draft Goals, Policies, and Implementation Programs for the Housing Element:
1. Have the previous comments been adequately addressed?
2. Are there additional modifications that should be made?
The discussion at this meeting is intended to be a confirmation that previous comments have
been addressed, and that the resulting draft of the Goals, Policies, and Implementation
Programs are ready to be included in the Initial Draft Housing Element. Because of the
constrained timeline, this should be a “fatal flaws” review. All suggestions for changes to the
draft Goals, Policies, and Implementation Programs, whether from HEAB members or the
public, that are received by 11:00 a.m. on Wednesday, August 3, 2022, will be provided to the
HEAB in an Addendum Report that afternoon so that proposed changes can be considered by
all committee members prior to the meeting. Any comments received after that time, but
before 11:00 a.m. on the day of the meeting will be provided in a Desk Item Report.
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SUBJECT: Continue the Review and Discussion of the Draft Goals, Policies and
Implementation Programs
July 29, 2022
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Programs\Item2.Staff Report.docx
NEXT STEPS:
The next HEAB meeting is scheduled for August 18, 2022, in which staff will be providing the
Initial Draft Housing Element for the HEAB’s review and discussion. Pending completion of this
meeting, the Initial Draft Housing Element will be available for public comment for 30 days,
followed by at least 10 business days to consider and incorporate public comments prior to
submittal to the Department of Housing and Community Development for their first review.
PUBLIC COMMENTS:
Attachment 2 includes public comments received between 11:01 a.m., Thursday, July 7, 2022,
and 11:00 a.m. on Friday, July 29, 2022.
ATTACHMENTS:
1. Draft Goals, Policies, and Implementation Programs
2. Public Comments received between 11:01 a.m., Thursday, July 7, 2022, and 11:00 a.m. on
Friday, July 29, 2022
This Page
Intentionally
Left Blank
10
6th Cycle Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-1
10.1 Goals, Policies, and Implementation Programs
The Town is responsible for enabling the production of housing by reducing regulatory barriers, providing
incentives, and supporting programs that create or preserve housing, especially for vulnerable populations. The
goals, policies, and implementation programs are intended to initiate the discussion of the housing needs of Los
Gatos through 2031. The Town encourages production of a diversity of new housing to ensure an adequate
supply is available to meet the needs of existing and future residents. To enable the construction of quality
housing, the Town has identified the following policies and actions.
Goal HE-1 Facilitate All Types of Housing Construction
The Town encourages the production of a diversity of new housing to ensure that an adequate supply is available
to meet the existing and future needs of all residents.
Policy HE-1.1 Adequate Sites
Designate sufficient, residentially zoned land at appropriate densities to provide adequate sites to
accommodate Los Gatos’s RHNA for 2023–2031 and monitor residential development to ensure
there is an adequate level of remaining development capacity.
(Source: Formerly Policies HOU-2.1, 2.2, 9.1)
Policy HE-1.2 Multi-family Housing Densities
Encourage builders to develop projects on multi-family designated properties at the high end of
the applicable density range.
(New)
Policy HE-1.3 Infrastructure
All new residential development shall be sufficiently served by public services and facilities,
including pedestrian and vehicular circulation, water and wastewater services, police, fire,
schools, and parks.
(Source: Formerly Policies HOU-2.4, 2.2, 9.1)
ATTACHMENT 1
Initial Draft 2023-2031 Housing Element
10-2 Initial Draft 2023-2031 Housing Element July 2022
Policy HE-1.4 Housing Design
Ensure that all new housing is well designed and fosters a sense of community.
(Source: Formerly Policy HOU-2.5 modified)
Policy HE-1.5 Town Resources
Provide adequate management and staffing of to complete Housing Element implementation
programs and funds.
(Source: Formerly Policy HOU-8.2)
Policy HE-1.6 Variety of Housing Choices
Encourage the production of housing that meets the needs of all economic segments of the
Town, including lower and moderate households, to maintain a balanced community.
(New)
Policy HE-1.7 Universal Design
Address the special housing needs of persons with disabilities through reasonable
accommodation procedures, zoning provisions for supportive and group housing, homeowner
accessibility grants, and by encouraging universal design.
(Source: Formerly Policy HOU-6.2 modified)
Goal HE-2 Provide New Affordable Housing
Overall housing production has been too slow to keep pace with population growth over the past two decades.
This trend has increased demand on the supply side of housing and increased the cost of all housing. More
affordable housing is needed for extremely low, very low-, low-, and middle-income households.
Policy HE-2.1 Financial Resources
Pursue expanding financial resources to support the production of affordable housing for the
Town’s modest income residents and workforce.
(Source: Formerly Policy HOU-1.1 modified)
Policy HE-2.2 Housing Vouchers
The Town shall support the Santa Clara County Housing Authority program for Housing Choice
Vouchers (Section 8) to assist extremely low-, very low-, and low-income residents of the Town.
(New)
Policy HE-2.3 Mixed-Use Development
Encourage mixed–use developments that provide affordable housing close to employment
centers and/or transportation facilities, particularly along arterials and in designated Community
Growth Districts.
(Source: Formerly Policy HOU-2.3 modified)
Policy HE-2.4 Rental Housing
Strive to ensure that at least 30 percent of the housing stock is rental units and continue to
support the development of Accessory Dwelling Units as a means of affordable rental housing.
AFFH
AFFH
AFFH
AFFH
AFFH
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-3
(Source: Formerly Policy HOU-2.6 modified)
Policy HE-2.5 Pre-Approved Accessory Dwelling Units
Collaborate with countywide efforts to develop pre-approved Accessory Dwelling Unit plans
suitable for Los Gatos, including designs that are Americans with Disabilities Act (ADA)
accessible.
(New)
Policy HE-2.6 Promote Accessory Dwelling Unit Construction
Encourage homeowners to construct detached rental ADU’s in order to increase the housing
stock of smaller rental units.
(New)
Policy HE-2.7 Senior Housing
Support development and maintenance of affordable senior rental and ownership housing and
continue to work with existing senior lifestyle living and assisted living facilities in Los Gatos.
Encourage a variety of senior living options including downsizing and step down independent
ownership housing.
(Source: Formerly Policy HOU-5.3 modified)
Policy HE-2.8 Equal Housing and Special Needs
Support the provision of permanent, affordable, and accessible housing that allows persons with
special needs to live independent lives. For the purposes of this Housing Element “persons with
special needs” include extremely low-income households, seniors, overcrowded and large-family
households, the homeless population, those in need of emergency shelter, youth aging out of
foster care, female-headed or single-parent households, and persons with disabilities, including
developmental challenges.
(Source: Formerly Policy HOU-6.4)
Policy HE-2.9 Public/Private Partnerships
Work with and support collaborative partnerships with nonprofit agencies and housing developers
to plan and develop a mix of affordable housing opportunities in Los Gatos using available
funding.
(New)
Policy HE-2.10 Repurposing Obsolete Commercial Buildings
Encourage property owner to pursue opportunities to integrate housing in underutilized
commercial centers, and to reuse excess or obsolete commercial buildings for affordable
housing.
(New)
Policy HE-2.11 Smart Growth
Encourage “smart growth” that accommodates higher density residential uses near transit,
bicycle-, and pedestrian-friendly areas of the Town that encourage and facilitate the conservation
of resources by reducing the need for automobile use.
(New)
AFFH
AFFH
Initial Draft 2023-2031 Housing Element
10-4 Initial Draft 2023-2031 Housing Element July 2022
Goal HE-3 Remove Barriers to the Production of Housing
Governmental constraints on the development of housing for households of all income levels needs to be
minimized. The success of development in some opportunity areas will be dependent upon consolidation of
individual parcels into larger development sites. While some of the individual parcels within these areas are
already under common ownership, many are individually owned.
Policy HE-3.1 Flexible Development Standards
Provide flexibility in development standards to accommodate new models and approaches to
providing housing, such as live/work housing (permitted with a CUP), and micro units (in existing
housing units), to allow housing to adapt to the needs of the occupants.
(Source: Modified Policy HOU-4.1)
Policy HE-3.2 Efficient Development Processing
Explore continued improvements to the entitlement process to streamline and coordinate the
processing of permits, design review, and environmental clearance.
(New)
Policy HE-3.3 Lot Consolidation
Support lot consolidation and redevelopment.
(New)
Policy HE-3.4 Development Impact and Permit Fees
Consider reduced fees to facilitate affordable housing development.
(New)
Policy HE-3.5 Regulatory Incentives for Affordable Housing
Facilitate the development of affordable housing through regulatory incentives and concessions,
and/or financial assistance. Continue expediting the permit processing system for affordable
residential development applications and proactively seek out new models and approaches in the
provision of affordable housing.
(Source: Formerly Policy HOU-6.1 modified) (Previously 3.6)
Goal HE-4 Improve the Existing Housing Stock
Providing more housing is a priority but maintaining and preserving existing housing also plays a critical role.
Much of the older housing in the Town can be naturally affordable, as priced by the housing market, but must be
well-maintained to provide quality housing across income levels.
AFFH
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-5
Policy HE-4.1 Property and Housing Conditions
Support long-term maintenance and improvement of existing housing units through Code
Enforcement and housing rehabilitation programs.
(Source: Formerly Policies HOU-3.1, 3.2, 5.1 and 6.3 modified)
Policy HE-4.2 Multi-Family Housing Acquisition Improvement
Improve the quality of rental housing by acquisition and/or rehabilitation using Affordable Housing
Fund and support nonprofit housing providers in the acquisition and rehabilitation of older housing
stock, and maintenance as long-term affordable housing.
(Source: Formerly Policy HOU-3.3 modified)
Policy HE-4.3 Home Affordability Preservation
Preserve the affordability of units affordable to very low-, low-, and moderate-income households
in the Town and Bonnie View Park, and enforce zoning regulations regarding conversion of
mobile home parks in Los Gatos.
(Source: Formerly Policy HOU-3.4)
Policy HE-4.4 Naturally Occurring Affordable Units
Encourage maintaining naturally affordable housing types such as duplexes and townhomes.
(New)
Policy HE-4.4 Preserve Residences of Historic or Architectural Value
The City shall encourage the preservation of residential buildings with historic or architectural
value.
(New)
Goal HE-5
Encourage Green Building and Energy Conservation
The Town is dedicated to addressing and mitigating climate change impacts and strives to be a leader in
sustainable development. The General Plan promotes environmentally sound and socially equitable development
by encouraging residential construction that promotes sustainable building and energy conservation practices.
Policy HE-5.1 Green Building
Encourage sustainable housing development throughout the Town by fostering awareness and
encouraging the adoption of green building practices.
(Source: Formerly Policy HOU-7.1 modified)
Policy HE-5.2 Solar Energy
Promote more efficient energy use and renewable energy reduces the strain on the existing
energy grid and reduces greenhouse gas emissions.
(Source: 2040 General Plan)
AFFH
AFFH
AFFH
Initial Draft 2023-2031 Housing Element
10-6 Initial Draft 2023-2031 Housing Element July 2022
Goal HE-6
Publicize Fair Housing Resources Including those for Special Needs Populations
Many programs that address housing access and affordability for lower income households are supported by the
Town and its partners; however, many people who need these resources have trouble finding them. It is also
important for the Town to proactively inform residents about housing needs and resources, particularly related to
Fair Housing issues.
Policy HE-6.1 Fair Housing
Support and publicize housing programs that protect individuals’ rights and enforce fair housing
laws prohibiting arbitrary discrimination in the building, financing, selling or renting of housing on
the basis of race, color, ancestry, religion, national origin, sex, sexual orientation, age,
disability/medical condition, familial status, marital status, source of income or other such factors.
(Source: Formerly Policy HOU-4.1 modified)
Policy HE-6.2 Financial Assistance
Continue to encourage Los Gatos households to participate in financial assistance programs
provided in the County of Santa Clara.
(Source: Formerly Policy HOU-4.3)
Policy HE-6.3 Housing for Persons with Special Needs
Continue to provide assistance to service providers who support special needs households and
the homeless such as Project Sentinel, Santa Clara County Housing Authority, and Santa Clara
County Office of Supportive Housing. Support and publicize efforts and resources to provide
coordinated services for persons with special needs in the Town.
(Source: Formerly Policy HOU-4.2 & 6.5 modified)
Policy HE-6.4 Affordable Housing Awareness
Raise community awareness on the needs for and benefits of affordable housing through Town
outreach. Foster Town wide discussion on housing needs, resources and ideas and improve
communication channels and methods for meaningful dialogue.
(New)
Policy HE-6.5 Infill Opportunities in Single-Family Neighborhoods
The Town shall increase access to opportunity for lower-income households by encouraging infill
of smaller units in single-family neighborhoods (e.g., ADUs, multi-generational housing units).
(New)
Policy HE-6.6 Rental Dispute Mediation and Arbitration Ordinance
The Town will work to prevent evictions of long term, low-income residents living in naturally
affordable housing who can quickly lose their residence due to sudden rent increases or changes
in property owners.
(Source: Formerly Action HOU-4.2 modified)
AFFH
AFFH
AFFH
AFFH
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-7
10.2 Implem entation Programs
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
A Large Site Program
Encourage property owners and
affordable housing developers to
target and market the availability
of sites with the best potential for
development by facilitating
meetings between willing
property owners of large sites.
To assist the development of
housing, especially for lower
income households, on sites
larger than 10 acres, the Town
will facilitate land divisions and lot
line adjustments to result in
parcels sizes between one to 10
acres that facilitate multiple-
family developments affordable
to lower income households in
light of State, Federal and local
financing programs.
(Source: Formerly Action HOU-
1.8)
HE-1.1 Adequate
Sites
HE-1.3 Infrastructure
HE-1.6 Variety of
Housing Choices
Community
Development
Department
Annually provide
focus group or
Town Hall
meeting
opportunities
None
required
B No Net Loss
Develop and implement an
ongoing formal evaluation
procedure (project-by-project) of
sites identified in the Sites
Inventory to maintain sufficient
sites at appropriate densities to
accommodate its RHNA for lower
income households. If an
approval of a development
results in a reduction of site
capacity below the residential
capacity needed to
accommodate the remaining
RHNA, including for lower
income households, the Town
will identify and zone sufficient
adequate sites at appropriate
densities to accommodate the
remaining RHNA.
(Source: Formerly Action HOU-
2.5 modified)
HE-1.1 Adequate
Sites
HE-1.3 Infrastructure
HE-1.5 Town
Resources
HE-1.6 Variety of
Housing Choice
Community
Development
Department
Ongoing
tracking as
developments
are approved
None
required
Initial Draft 2023-2031 Housing Element
10-8 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
C Additional Housing Capacity
Amend the North Forty Specific
Plan to increase the maximum
allowable density from 20 to
more than 30 and increase the
total number of dwelling units
allowed in the Specific Plan.
(Source: New)
HE-1.1 Adequate
Sites
HE-3.2 Efficient
Development
Processing
Community
Development
Department
December 2023 None
required
D Affordable Development on
Town Owned Property
Pursue opportunities to work with
an affordable housing developer
to construct affordable housing
on Town owned property.
(Source: New)
HE-1.1 Adequate
Sites
Community
Development
Department
Ongoing None
required
E Update Permit Software
System
Update the existing permit
software system to better monitor
average processing times for
ministerial and discretionary
development permits. Use data
to set baselines timelines and
explore improvements. Update
the Town planning and zoning
regulations and remove permit
processing constraints as
appropriate.
(Source: Formerly Action HOU-
6.1 modified)
HE-1.5 Town
Resources
HE-3.2 Efficient
Development
Processing
Community
Development
Department
Review and
update
regulations as
appropriate at
biannual years
None
required
F Report Annually on Housing
Availability
Prepare an annual housing report
for the review of the Town
Council including information on
progress made towards
achieving new construction need,
affordable housing
conserved/developed,
effectiveness of existing
programs and recommendations
for improvement. Consult and
collaborate with non-profit
providers, special need
providers, and other community
resources in preparation and
evaluation of the report.
HE-1.1 Adequate
Sites
HE-1.5 Town
Resources
HE-3.2 Efficient
Development
Processing
HE-1.6 Variety of
Housing Choices
Community
Development
Department
Annual None
required
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-9
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
(Source: Formerly Action HOU-
8.1 modified)
G (Placeholder for additional
action—if needed prior to final
draft re-numbering)
H (Placeholder for additional
action—if needed prior to final
draft re-numbering)
I Coordination with Water and
Sewers Providers
Deliver the adopted Housing
Element to the San Jose Water
Company and the West Valley
Sanitation District so that they
can prioritize current and future
resources or services for housing
development that helps meet Los
Gatos’s RHNA for lower income
households.
(Source: Formerly Action HOU-
8.3 modified)
HE-1.3 Infrastructure
Community
Development
Department
Upon adoption
of this Housing
Element
None
required
J (Placeholder for additional
action—if needed prior to final
draft re-numbering)
K Seniors Helping Seniors
Program
Provide financial assistance for
health, safety, emergency and
accessibility home repairs to low-
income seniors and low-income
mobile homeowners through the
Below Market Price Program
funds, subject to availability of
Program funds.
(New)
HE-1.7 Universal
Design
HE-2.7 Senior
Housing
HE-2.8 Equal
Housing and Special
Needs
Community
Development
Department,
Town Council
Ongoing Town
Affordable
Housing
Funds
L Small Multi-Unit Housing
Implement the Small Multi-Unit
Housing Policy LU-1.2 in the
2040 General Plan, which
supports housing types and
designs that increase density
while remaining consistent with
the building scale. This includes
multi-family units or clustered
residential buildings that provide
relatively smaller, less expensive
units within the existing
neighborhoods.
HE-1.6 Variety of
Housing Choices
HE-3.2 Efficient
Development
Processing
Community
Development
Department
Ongoing None
required
Initial Draft 2023-2031 Housing Element
10-10 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
Update the Zoning Code to
facilitate low rise multi-family
structures in the High Residential
Density designation per
Implementation Program(s) in the
2040 General Plan.
Promote this program through
publication, to include the
following information: Low rise
multi-family dwelling units
ranging from two to 10 units can
help meet the needs of families,
seniors and students. Permit
processing times tend to be
shorter than larger multi-family
buildings due to the low-rise
nature of the structures.
(Source: 2040 General Plan)
M (Placeholder for additional
action—if needed prior to final
draft re-numbering)
N Rental Housing for Large
Families
Encourage development of multi-
family rental housing that is
greater than two bedrooms to
encourage the provision of
adequate rental housing for
families.
(New)
HE-1.6 Variety of
Housing Choices
Community
Development
Department
Ongoing None
required
O Lot Consolidation
The Town will conduct outreach
to property owners in these areas
to identify meaningful incentives
to facilitate lot consolidation and
redevelopment. Based on this
feedback, within two years of
Housing Element adoption, the
Town will consider the
development of a Lot
Consolidation Ordinance to
include specific incentives such
as: flexible development
standards such as reduced
setbacks, increased lot coverage,
increased heights, reduced
parking, and reduced fees.
HE-3.3 Lot
Consolidation
Community
Development
Department
Within two years
of Housing
Element
adoption
None
required
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-11
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
Streamlined permit processing
through administrative staff
review. Upon adoption of the
Ordinance, the Town will work
with property owners that are
receptive to lot consolidation to
assist them in facilitating the
parcel merge process in a
streamlined and timely manner.
(New)
P Below Market Price (BMP)
Program
Conduct a study to evaluate the
existing Program and
recommend changes to the
program to increase the number
of units constructed. The study
will include evaluation of the
implementation of the BMP
Program to date, including
impacts to market rate housing
related to current market
conditions, project applications,
estimated affordable housing
requirements, fee collection, and
actual construction of affordable
housing units to address
constraints based on the
outcome of the evaluation.
(Source: Formerly Action HOU-
1.1 and 1.4)
HE-3.5 Regulatory
Incentives for
Affordable Housing
HE-4.1 Property and
Housing Conditions
HE-4.2 Multi-family
Housing Acquisition
Improvement
Community
Development
Department,
Housing
Authority of the
County of
Santa Clara
Complete study
by June 2025
and implement
recommended
policy actions by
December 2028.
Town
Affordable
Housing
Fund
Q Establish a Commercial
Linkage Fee
Conduct a nexus study and
amend the Municipal Code to
include a linkage fee if
appropriate. A commercial
linkage fee is an impact fee
levied on commercial
development for the provision of
affordable housing and before
levying an impact fee, the Town
is required to complete a nexus
study that shows the linkage
between new development and
the increased demand for
housing.
(New)
HE-3.4 Development
Impact and Permit
Fees
Community
Development
Department
Complete study
by June 2024
and implement
recommended
actions by
December 2024.
None
required
Initial Draft 2023-2031 Housing Element
10-12 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
R Funds for Development for
Extremely Low Income (ELI)
Households
Continue to encourage the
creation of housing that is
affordable to extremely low-
income households by allocating
a percentage of the Town
Affordable Housing (Below
Market Price) Fund to subsidize
housing for extremely low-income
households and as part of the
Town’s annual budget process
provide a priority for funding ELI
developments that may be
submitted to the Town with the
Town’s Below Market Price
(BMP) monies. Update the
allocation as recommended by
the BMP study. Additionally,
provide staff technical assistance
with the preparation of Tax Credit
or grant funding applications or
conducting local Tax Equity and
Fiscal Responsibility Act
(TEFRA) hearings to facilitate the
financing of proposed housing
projects in Los Gatos.
(Source: Formerly Action HOU-
1.6 modified)
HE-3.5 Regulatory
Incentives for
Affordable Housing
HE-4.1 Property and
Housing Conditions
HE-4.2 Multi-family
Housing Acquisition
Improvement
Community
Development
Department
Ongoing Town
Affordable
Housing
Fund
S Habitat for Humanity Home
Repair Program
Work with Habitat for Humanity to
promote the Home Repair
Program offered by Habitat,
which responds to health,
accessibility, and safety concerns
in homes owned by low-income
families, veterans, and senior
residents on limited incomes. By
fixing the long-deferred
maintenance projects, critical
repairs and code violations, this
program helps families stay in
their already affordable homes
and avoid displacement.
(New)
HE-4.1 Property and
Housing Conditions
Community
Development
Department
Annually meet
with Habitat for
Humanity
None
required
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-13
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
T Development Impact and
Permit Fees
Review the financial needs of
affordable housing projects,
determine whether or not Town
fees can be reduced to facilitate
affordable housing development,
and identify options for the Town
to offset the foregone revenues
from other sources.
(New)
HE-3.4 Development
Impact and Permit
Fees
Community
Development
Department,
Parks and
Public Works,
Town Council
January 2023 to
January 2031
Staff Time
U Affordable Housing
Development
Provide incentives for affordable
housing development, including
density bonus, fee deferrals or
reductions, and reduced fees for
studio units. The Town shall also
provide outreach to attract and
support affordable housing
developers in the Town, including
developers of senior housing,
extremely low-income units, and
permanent supportive housing for
persons with disabilities and
developmental disabilities. This
will serve to affirmatively further
fair housing within the region by
providing affordable housing
within places of high opportunity.
(New)
HE-3.4 Development
Impact and Permit
Fees
HE-2.7 Equal
Housing and Special
Needs
Community
Development
Department,
Town Council
January 2023 to
January 2031
Staff Time
and the
Town
Affordable
Housing
Fund
V Purchase Affordability
Covenants in Existing
Apartments
Create a program for the Town to
purchase affordability covenants
with BMP funding to increase the
supply of affordable housing or
“buy-down” existing affordability
covenants to have deeper
affordable units in existing rental
properties. This program is
analogous to purchasing
covenants in new developments
in conjunction with the BMP
program, but for existing
apartments.
HE-2.1 Financial
Resources
Community
Development
Department,
Town Council
January 2023 to
January 2031
Town
Affordable
Housing
Fund
Initial Draft 2023-2031 Housing Element
10-14 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
Affordability covenants are
essentially deed restrictions on
the property that retain the
affordable housing price of the
unit for a certain period of time.
The covenants must be in place
for at least 55 years for rental
properties when using BMP
funds. In existing and new rental
developments, the Town could
provide a rehabilitation loan or
another form of subsidy to a
rental property owner in
exchange for securing
affordability covenants on a
percentage of units and the
owner’s agreement to restrict
rents on these units to levels that
would be affordable to very low-
and low-income households.
Each affordability covenant
acquisition opportunity is unique
because the owner may
negotiate for a varying proportion
of units to be restricted as well as
the level of affordability. The
Town will work to secure units for
very low- and low-income
households through this program.
In order to have a successful
policy or program for purchasing
affordability covenants, the Town
must have a legal counsel that is
familiar with structuring effective
agreements, as well as dedicated
resources for periodic monitoring
to ensure that the agreements
are met. The Town investigate
the potential of purchasing and
buying-down affordability
covenants for new rental
developments coming on-line
and existing apartments. The
program shall identify a
preliminary list of sites for
acquiring covenants. In order to
target existing apartments, the
condition of the property and the
background of the property
owner should be assessed. The
Town may then issue a Notice of
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-15
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
Funding Availability (NOFA) to
announce its intentions to
purchase affordability covenants
and attract interest from property
owners.
(Source: Formerly Action HOU-
1.4 modified)
W Accessory Dwelling Units
Waive building fees when an
ADU is deed restricted for very
low- and low-income households.
(Source: Formerly Action HOU-
1.2 modified)
HE-2.4 Rental
Housing
Community
Development
Department
Amend the Fee
Schedule within
one year of
Housing
Element
adoption
Below
Market
Price
Housing In-
lieu Fees
X Density Bonus
Conduct a study to evaluate the
existing Density Bonus
Ordinance and recommend
changes to increase the number
of units constructed. The study
will include an evaluation of the
implementation of the ordinance
to date and actual construction of
affordable housing units that
utilized the Density Bonus.
Additional density and height
incentives beyond what the state
requires will be considered (i.e.
fee reductions, add free density
of BMP units). The study shall
recommend improvements to the
Ordinance based on the outcome
of the evaluation.
(Source: Formerly Action HOU-
1.3 modified)
HE-3.5 Regulatory
Incentives for
Affordable Housing
HE-2.3 Mixed-Use
Development
HE-2.7 Equal
Housing and Special
Needs
HE-2.8 Public/Private
Partnerships
Community
Development
Department
Complete study
by June 2026
and implement
recommended
actions by
December 2029
None
required
Y Affordable Housing Overlay
Zone (AHOZ)
Continue to encourage
development of housing
affordable to all income levels on
property within this Town Overlay
Zone. The Overlay property on
Knowles Avenue is a key site for
a mixed income affordable
housing project.
(Source: Formerly Action HOU-
2.1, 2.2, and 2.4 modified)
HE-3.5 Regulatory
Incentives for
Affordable Housing
HE-2.7 Senior
Housing
HE-2.8 Equal
Housing and Special
Needs
HE-2.9 Public/Private
Partnerships
HE-2.11 Policy Smart
Growth
Community
Development
Department
Complete by
2025
None
required
Initial Draft 2023-2031 Housing Element
10-16 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
Z Nonprofit Affordable Housing
Providers
Support the efforts of nonprofit
affordable housing organizations
that provide housing services in
Los Gatos. Encourage the
participation of these providers in
developing housing and meeting
the affordable housing needs of
Los Gatos households
particularly extremely low-income
households. The Community
Development Department staff
will meet with nonprofit groups on
at least on an annual basis to
discuss constraints to
development and develop
strategies and actions for
affordable housing development
including incentives for the
development of affordable
housing as provided under the
Affordable Housing Overlay
Zone.
(Source: Formerly Action HOU-
4.6 and 1.5 modified)
HE-2.3 Mixed-Use
Development
HE-2.7 Senior
Housing
HE-2.8 Equal
Housing and Special
Needs
HE-2.9 Public/Private
Partnerships
Community
Development
Department
Annually None
required
AA Increased Range of Housing
Opportunities of the Homeless
Continue to support the County
of Santa Clara’s Continuum of
Care plan, as well as the
“Housing 1000” campaign by
“Destination: Home” to provide
housing opportunities for
homeless households including
emergency shelter, transitional
housing, and permanent
affordable housing opportunities.
(Source: Formerly Action HOU-
4.7)
HE-2.7 Equal
Housing and Special
Needs
Community
Development
Department
January 2023 to
January 2031
County
CDBG
AB Reasonable Accommodation
Ordinance
Continue to enforce Section
29.10.505–530 of the Town Code
to ensure equal access to
housing for persons with
disabilities under the Fair
Housing Act and provide specific
HE-2.7 Equal
Housing and Special
Needs
Community
Development
Department
Annually None
required
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-17
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
procedures for requesting and
granting reasonable
accommodations. Review
annually for trends and develop
new procedures and/or materials
in response to annual review.
(Source: Formerly Action HOU-
6.2)
AC Accessibility Design Features
Encourage residential
development that incorporates
accessible design features to
meet the needs of as many users
as possible. The intent is to
reduce the potential for
occupants to be displaced from
their homes due to disability, to
allow those persons to visit
neighboring dwelling units, and to
increase to number of accessible
dwelling units in the local housing
supply that meet long term
housing needs. Remove
identified regulatory constraints
to housing for persons with
disabilities.
(Source: Formerly Action HOU-
6.3 modified)
HE-2.7 Equal
Housing and Special
Needs
HE-2.8 Public/Private
Partnerships
Community
Development
Department
Review and
update
regulations as
necessary; at
least every three
years
None
required
AD Housing Opportunities for
Persons Living with
Disabilities
The Town supports the provision
of housing for its disabled
population, including persons
with developmental disabilities,
through several means,
including:
▪ By-right zoning for
licensed residential care
facilities (six or fewer
residents) in all residential
zones, and provisions for
larger care facilities
(seven or more residents)
in multifamily residential
zones subject to a
conditional use permit.
HE-1.7 Universal
Design
HE-2.7 Equal
Housing and Special
Needs
HE-6.1 Fair Housing
HE-6.3 Housing for
Persons with Special
Needs
Initial Draft 2023-2031 Housing Element
10-18 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
▪ Treatment of supportive
and transitional housing
as a residential use of
property, and subject only
to those restrictions and
processing requirements
that apply to other
residential dwellings of the
same type in the same
zone.
▪ Programs to facilitate
affordable housing,
including Density Bonus
and Affordable Housing
Overlay.
▪ Encouraging affordable
housing developers to
integrate supportive
housing units, increasing
project competitiveness
for Tax Credits and other
funding sources.
▪ Supporting the creation of
accessory dwelling units
in all residential districts.
(New)
AE Special Needs Housing
Prioritize special needs housing
by allowing for reduced
processing time and streamlined
procedures for such appropriate
zoning/land use applications.
Include preferential handling of
special needs populations in
management plans and
regulatory agreements of funded
projects.
(Source: Formerly Action HOU-
6.4 and 6.5 modified)
HE-2.7 Senior
Housing
HE-2.8 Equal
Housing and Special
Needs
HE-2.9 Public/Private
Partnerships
Community
Development
Department
January 2023 to
January 2031
None
required
AF Rental Dispute Resolution
Program
Continue the administration of
the Rental Dispute Resolution
Program and consider revisions
as necessary to make the
program as effective as possible
HE-6.6 Rental
Dispute Mediation
and Arbitration
Ordinance
Community
Services
Department
January 2023 to
January 2031
Program
fees
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-19
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
in protecting both tenants and
landlords’ rights.
(Source: Formerly Action HOU-
4.2)
AG Rental Assistance for Persons
with Developmental
Challenges
Work with local and/or regional
partners to provide rental
assistance for persons with
developmental challenges.
Efforts will include the following:
▪ Work with the California
Department of
Developmental Services
local Regional Center to
identify the housing needs
specific to
developmentally
challenged persons
residing in Los Gatos and
assist in identifying
available housing that
meets those needs.
▪ Encourage qualifying
Regional Center clients
residing in Los Gatos to
apply for appropriate
rental assistance
programs.
▪ Identify outside funding
sources, such as regional
or state programs, that
could provide rental
assistance for
developmentally
challenged persons living
in Los Gatos.
▪ Make referrals to non-
profit service providers
with rental assistance or
rental voucher programs
such as West Valley
Community Services and
the Housing Authority of
Santa Clara County.
HE-2.7 Senior
Housing
HE-2.8 Equal
Housing and Special
Needs
HE-2.9 Public/Private
Partnerships
Community
Development
Department,
California
Department of
Developmental
Services
Annually follow
up on a periodic
basis with
service
providers to
determine
outcomes for
referrals and
update referral
process and
timelines
accordingly
2023-2031
period
None
required
Initial Draft 2023-2031 Housing Element
10-20 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
(Source: Formerly Action HOU-
6.6 modified)
AH Supportive Services for the
Homeless
Continue to provide support for
community and nonprofit
organizations providing
supportive services for homeless
persons in Los Gatos. The Town
of Los Gatos currently funds an
annual grant and disseminates
opportunities for other agency
funding to West Valley
Community Services (WVCS),
which provides a Comprehensive
Emergency Assistance Program
(CEAP). The CEAP includes the
following services:
▪ Rental assistance to
prevent homelessness.
▪ Assistance to prevent
eviction.
▪ Deposit assistance to
house un-housed
persons.
▪ Utility assistance to
prevent utility shut off.
(Source: Formerly Action HOU-
4.4)
HE-2.3 Mixed-Use
Development
HE-2.7 Equal
Housing and Special
Needs
Community
Development
Department
January 2023 to
January 2031
Town of
Los Gatos
AI Stabilize Rents
Study and implement
recommendations to the Town’s
Rental Dispute Mediation and
Arbitration Ordinance 2128 to
help further stabilize rents for
long-term residents. Long term,
low-income residents living in
naturally affordable housing can
quickly lose their residence due
to sudden rent increases or
changes in property owners. To
prevent evictions and
displacement, the Town shall
(New)
HE-2.3 Mixed-Use
Development
HE-2.4 Rental
Housing
HE-6.6 Rental
Dispute Mediation
and Arbitration
Ordinance
Community
Development
Department
Complete study
by January 2024
and implement
Municipal Code
changes by
June 2024
AJ Reduce Parking Standards
3.5 Regulatory
Incentives for
Affordable Housing
Community
Development
Department
Complete study
by January 2024
and implement
None
required
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-21
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
Initiate a study to determine
specific updates for the Municipal
Code to address the following:
▪ Align parking
requirements with the
preparation of Objective
Design Standards.
▪ Reduce parking
requirements near transit.
▪ Remove guest parking
requirements.
▪ Allow parking to be
unbundled from
residential units.
The provision of parking with
housing units can greatly
increase the cost of
development. Reducing the
required number of parking
spaces per unit lowers the overall
cost of development and affords
more developable area to
housing units instead of parking
spaces.
(New)
2.7 Senior Housing
2.8 Equal Housing
and Special Needs
Municipal Code
changes by
June 2024
AK Rezoning Program
▪ Update the zoning
districts in accordance
with the 2040 General
Plan designations within
three to six months of
adoption. In tandem, the
Town will initiate a
program to revise the
zoning code to ensure
adequate sites are
available to accommodate
the identified sites in the
Sites Inventory: Allow 30
to 40 du/ac in the RM
zone in alignment with the
VHDR Very High Density
Residential designation;
▪ Clarify the text of the non-
residential zones that the
HE-1.7 Universal
Design
Community
Development
Department
Implement
General Plan
and Municipal
Code changes
by June 2024
None
required
Initial Draft 2023-2031 Housing Element
10-22 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
housing sites contained in
the inventory sites table
that are in these zones
must include housing as
specified in the sites table;
▪ Rezone the Caltrans
ROW – Site F3 to allow
for residential
development.
(New)
AL
Allow for 100 Percent
Affordable Residential
Development in Mixed-Use
General Plan Designations
Amend the General Plan and the
Municipal Code to allow for 100
percent affordable residential
development without the
requirement of commercial uses.
The 2040 General Plan requires
both residential and commercial
development and does not allow
for 100 percent residential uses
in Commercial or Mixed-Use
General Plan designations, which
can be a deterrent to affordable
housing developers.
(New)
HE-3.5 Regulatory
Incentives for
Affordable Housing
Community
Development
Department
Implement
General Plan
and Municipal
Code changes
by June 2024
None
required
AM Housing Conditions Survey
Seek funding through the Below
Market Price Program funds, or
other funding sources, to conduct
a survey of housing conditions in
the Town. The survey shall
identify housing units in need of
rehabilitation or replacement and
be used to seek funding to
support housing rehabilitation
programs.
(New)
HE-4.1 Property and
Housing Conditions
Community
Development
Department
January 2023 to
January 2031
Town
Affordable
Housing
Fund
AN SB 35 Process Improvements
Develop an SB35 checklist and
written procedures for processing
SB35 applications to ensure
efficient and complete application
processing. (Government Code
HE-3.2 Efficient
Development
Processing
HE-3.5 Regulatory
Incentives for
Affordable Housing
Community
Development
Department
Implement by
December 2023
Staff Time
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-23
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
section 65913.4) allows
qualifying development projects
with a specified proportion of
affordable housing units to move
more quickly through the local
government review process and
restricts the ability of local
governments to reject these
proposals.
(New)
AO Low Barrier Navigation
Centers
Amend the Zoning Code
Definitions to include the
definition for “Low Barrier
Navigation Center” consistent
with State law. Allow at least two
mixed-use zoning districts to
permit low barrier navigation
centers as a by-right use.
AB101 (2019) provides a
pathway to permanent housing
for people experiencing
homelessness.
(New)
HE-2.7 Equal
Housing and Special
Needs
Community
Development
Department
Implement by
December 2023
Staff Time
AP Fair Housing Law Education
Educate the community about
landlords and renters rights and
responsibilities under Fair
Housing law, needs and benefits
of affordable housing, and
available resources in the Town
by posting information on the
Town’s website, social media
posts and/or brochures,
distributing information through
business licensing recertification
process for landlords, posting fair
housing posters in Town Hall, the
community center and the library.
The Town will continue to work
with and fund local nonprofits,
and to collaborate with local
homeless service providers to
provide information on homeless
needs in the town. Lack of
understanding of Fair Housing
laws by landlords and property
owners, including a lack of
HE-6.4 Affordable
Housing Awareness
Community
Development
Department,
Finance
Department,
California
Department of
Developmental
Services
Resources
posted by end of
January 2023
Staff Time
Initial Draft 2023-2031 Housing Element
10-24 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
willingness to rent to low-income
households remains, and lack of
community understanding of
needs, benefits and availability of
affordable housing remains a
significant barrier to low-income
households.
(New)
AQ Transit Oriented Development
Establish development standards
for transit-oriented development
located within existing transit
areas as part of the
comprehensive Zoning Code
update. Development standards
should promote sustainable land
use practices that reduce vehicle
trips and should allow for mixed-
use developments as well as
stand-alone residential. In
addition, the Town shall provide
for CEQA streamlining consistent
with the provisions of SB 375.
(New)
HE-2.10 Policy Smart
Growth
Community
Development
Department
January 2023 to
January 2031
Staff Time
AR Preserve “At-Risk” Affordable
Housing Units
Continue to monitor affordable,
multi-family housing units in the
Town to ensure that they retain
their affordability status.
(Source: Formerly Action HOU-
3.1)
HE-4.3 Home
Affordability
Preservation
Community
Development
Department
January 2023 to
January 2031
None
required
AS Rental Housing Conservation
Program
Continue to implement Section
29.20.155 of the Town Code that
addresses conversions of
residential use, specifically
Section 29.20.155(a)(2) that
requires that any proposed
conversion satisfy the housing
goals and policies as set forth in
the 2040 General Plan.
(Source: Formerly Action HOU-
3.2)
HE-2.4 Rental
Housing
HE-4.1 Property and
Housing Conditions
Community
Development
Department
January 2023 to
January 2031
None
required
AT CDBG and other Housing
Rehabilitation Programs
HE-4.1 Property and
Housing Conditions
Community
Development
Department
January 2023 to
January 2031
General
Fund
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-25
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
Continue to participate in the
County of Santa Clara
Community Development Block
Grant Joint Powers Authority so
Town residents can participate in
(Source: Formerly Action HOU-
3.3)
HE-4.3 Home
Affordability
Preservation
AU Countywide Home Repair
Programs
Continue to support countywide
programs (Habitat for Humanity
East Bay/Silicon Valley,
Rebuilding Together, Housing
Trust of Santa Clara County, etc.)
that provide assistance with
minor home repairs and
accessibility improvements for
lower income households,
including special needs
households.
Support annual funding requests
submitted by rehabilitation
agencies to the County of Santa
Clara and as needed provide
local technical assistance to
nonprofits submitting funding
applications to the County and/or
eventually applying for building
permits through the Town’s
building permit process.
The Town can contribute funding
from its Below Market Price
monies support these programs.
The Town of Los Gatos as a
participating member of the
County of Santa Clara JPA, and
provides staffing to the County
Technical Advisory Committee
(TAC), which reviews annual
applications for funding and helps
formulate funding
recommendation to the Board of
Supervisors. Funding is provided
directly by the County of Santa
Clara as authorized by the Board
of Supervisors to the individual
non-profit service providers.
HE-4.1 Property and
Housing Conditions
HE-6.3 Housing for
Persons with Special
Needs
Community
Development
Department;
County of
Santa Clara
January 2023 to
January 2031
None
required
Initial Draft 2023-2031 Housing Element
10-26 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
(Source: Formerly Action HOU-
3.4 modified)
AV Energy Conservation
Opportunities
Continue to enforce State of
California Title 24 requirements
for energy conservation.
(Source: Formerly Action HOU-
7.1)
HE-5.1 Green
Building
Community
Development
Department
Ongoing None
required
AW Residential Rehabilitation
Program
Create a new program to assist
lower income homeowners,
including senior and disabled
households, with funding for
necessary materials and supplies
for home repairs and
improvements. The program
could incentivize providing grants
for the following activities:
accessibility improvements;
exterior or interior home repair;
repair of fencing and/or
landscaping; plumbing; exterior
painting; roof repair; and similar
activities.
(New)
HE-4.1 Property and
Housing Conditions
HE-5.1 Green
Building
Community
Development
Department
January 2023 to
January 2031
Town
Affordable
Housing
Fund
AX Solar Energy
Continue to expedite solar panel
installation by requiring only
ministerial building permits.
Simplifying the process to install
solar panels by eliminating
discretionary permits provides
certainty and reduces fees and
timelines.
(New)
HE-5.1 Green
Building
HE-5.2 Solar Energy
Community
Development
Department
Ongoing
None
required
AY (Placeholder for additional
program—if needed prior to final
draft re-numbering)
AZ Town Housing Resources
Guide
Continue to provide a guide to
developments that include
affordable housing units as part
of the Housing Resources Guide
posted on the Town’s website,
HE-5.1 Green
Building
HE-6.4 Affordable
Housing Awareness
Community
Development
Department
Update list
annually
None
required
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-27
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
and available at Town Hall,
Library, and other Town facilities.
Publicize available
warming/cooling centers as
provided by the Santa Clara
County of Office of Supportive
Housing during inclement
weather episodes.
(Source: Formerly Action HOU-
4.1 modified)
BA Santa Clara County Fair
Housing Consortium
Support the efforts of the Santa
Clara County Fair Housing
Consortium. Continue to make
referrals through Project Sentinel
and provide updated fair housing
information on the Town’s
website and at public locations
through the Town, such as the
Adult Recreation Center, Library,
Farmers Market and public
kiosks. These organizations
provide resources for Los Gatos
residents with tenant/landlord,
housing discrimination, and fair
housing concerns. Each
organization conducts outreach
including community education
presentations, distributed flyers,
and referral calls. Project
Sentinel is a member of the
Consortium and is the Town’s
contract service administrator for
the Town’s Rental Dispute
Resolution Program. Through
its on-going partnership with
Project Sentinel Town staff is
able to attend the Consortiums
annual Fair Housing Symposium,
receive training, and
disseminates fair housing
information (including how to
contact Consortium agencies for
assistance) to members of the
public who contact the Town
about a potential fair housing
related matter.
(Source: Formerly Acton HOU-
4.5 modified)
HE-5.1 Green
Building
HE-5.2 Solar Energy
HE-6.3 Housing for
Persons with Special
Needs
Community
Development
Department
January 2023 to
January 2031
None
required
Initial Draft 2023-2031 Housing Element
10-28 Initial Draft 2023-2031 Housing Element July 2022
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
BB Senior Housing Resources
Provide regularly updated senior
housing resource materials at the
Adult Recreation Center, Library,
and Farmers Market.
(Source: Formerly Action HOU-
5.1 modified)
HE-6.1 Fair Housing
HE-6.2 Financial
Assistance
HE-6.3 Housing for
Persons with Special
Needs
HE-6.4 Affordable
Housing Awareness
Community
Development
Department
Update
materials
annually
None
required
BC Developmental Challenges
Continue to work with the local
California Department of
Developmental Services
Regional Center to proactively
inform families within Los Gatos
on housing and services
available for persons with
developmental challenges. This
outreach program will include an
informational brochure,
information on the Town’s
website, and housing-related
training workshops for individuals
and families.
(Source: Formerly Action HOU-
6.9 modified)
HE-6.1 Fair Housing
HE-6.3 Housing for
Persons with Special
Needs
HE-6.4 Affordable
Housing Awareness
Community
Development
Department,
California
Department of
Developmental
Services
Update
materials
annually
None
required
BD Use a Variety of
Communication Methods
Broadcast information about
available housing resources
through a variety of
communication methods across
media, technological and
traditional in person outreach
methods, such as the Farmers
Market, Library, and community
center, with a particular focus on
reaching the very low- and low-
income demographic and those
who may not have access to
online resources.
(New)
6.1 Fair Housing
6.4 Affordable
Housing Awareness
Community
Development
Department,
California
Department of
Developmental
Services
Quarterly
January 2023 to
January 2031
None
required
BE Zoning Text Amendments for
Special Needs Housing
Pursuant to recent changes in
State law, the Town’s Municipal
Code may be modified to better
facilitate the provision of a variety
HE-2.7 Equal
Housing and Special
Needs
Community
Development
Department
January 2024 None
required
10. Housing Element
July 2022 Initial Draft 2023-2031 Housing Element 10-29
Programs Implements Which
Policy(ies)
Responsible
Supporting
Department(s)
Time Frame Funding
Source
of housing types. These Code
revisions include:
▪ Amend parking standards
for emergency shelters
from a ratio based on the
size of the structure to a
ratio based on the number
of shelter staff (per AB
139).
▪ Eliminate current spacing
requirements between
shelters and residentially
zoned properties and
schools.
▪ Develop and adopt by
right processing
procedures for Low
Barrier Navigation
Centers (per AB 101).
▪ Allow small employee
housing (six or fewer) in
all zone districts where
single-family residential is
permitted.
(New)
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From: Phil Koen <>
Sent: Wednesday, July 27, 2022 1:58 PM
To: ewalters@losgatosca.gov
Cc: Jocelyn Shoopman <jshoopman@losgatosca.gov>; Joel Paulson <jpaulson@losgatosca.gov>
Subject: Comments on 21 Elements draft of AFFH
Hello Erin,
In reviewing the draft AFFH, I would like to offer the following comments:
Contributing factors – page 7 – “Since 2010, Los Gatos added 2,000 residents while only building 342
housing units. This lack of production has exacerbated an already tight housing market”.
According to California Department of Finance schedule E-5, in 2010 there were 13,050 housing units. In
2020 there were 13,637 which is an increase of 587 units. In 2010 the population of the Town was
29,413. In 2020 the population was 31,087 which is an increase of 1,674. The persons per household
ratio on the incremental increase of housing was approximately 2.85 which is slightly higher than the
overall ratio to 2.54. This increase can be explained by the rotation of 65 + year old residents
experiencing a decrease in persons per household being replaced by an increase in persons between 45
–64 which had slightly larger ratio of persons per household.
Based on this analysis, there is no conclusive data to suggest that the production of incremental housing
was materially less than what would have been expected by the increase in population from 2010 to
2020. The overwhelming evidence suggests that the material increase in regional income levels has been
the key contributing factor to a “tight housing market”.
Also, there seems to confusion over the term “affordable housing”. For example, the draft cites a fair
housing issue that “very low production of affordable and market rate housing limits housing choices of
all but the highest income households”. This statement is misleading, not accurate and conflates the
concept of affordability and market rate pricing for housing. The term affordable housing is generally
defined as housing on which the occupant is paying no more than 30 percent of gross income for
housing costs, including utilities and market rate housing is defined as the prevailing cost of housing set
by the market without restrictions. These are very different concepts.
Market rate housing can be affordable, based on the income group purchasing the housing. According to
ABAG, 64% of households in Los Gatos have incomes greater than 100% of AMI. Of those whose income
is 100% or more than AMI, 84% pay no more than 30% of gross income on housing. For this income
segment, housing is “affordable”.
At the opposite end of the spectrum are households earning 80% and less of AMI. In Los Gatos that is
25% of all households. For this income segment, approximately 28% pay no more than 30% of gross
income on housing. Adding the two segments together, the data suggests that approximately 60% of all
households in Los Gatos live in “affordable housing” (whether it be below market or market rate
housing). Therefore, one needs to be very precise when using the term “affordable housing” since it is
an income-based test.
The proper segmentation is between below market rate and market rate housing, not affordable and
market rate housing. Historically the Town has produced sufficient market rate housing as
ATTACHMENT 2
demonstrated by the housing production during the 4th and 5th RHNA cycles for moderate and above
moderate income levels. Where the Town has struggled is in the production of housing for very- low and
low income categories. Because of the lower income levels of these groups, in order to be “affordable”
the housing must be priced “below market rate” given the current market rate of housing.
Therefore, to be more accurate the fair housing issue should state, the Town’s very low production of
below market rate housing has materially limited housing choices for the very low and low income
households. These are the income segments that have been most impacted by the increase in housing
costs in the Town.
Thank you.
From: Phil Koen <>
Sent: Monday, July 11, 2022 4:36 PM
To: Joel Paulson <jpaulson@losgatosca.gov>
Cc: Town Manager <Manager@losgatosca.gov>; Shelley Neis <sneis@losgatosca.gov>;
; Rick Van Hoesen () <>
Subject: Jobs - Household Ratio - Staff Report June 16, 2022 - HEAB
Hello Joel,
I am not sure if this has been corrected, but figure 2-8 in the draft Housing Needs Assessment (see
attached) that was distributed to the HEAB at the June 16, 2022, meeting is incorrectly labeled as jobs
per employed resident ratio. The graph is actually taken from the ABAG MTC Housing Needs Data
Report and is shown as Figure 8 (see attached). The graph should be labeled jobs-household ratio, and
the supporting data can be found in the Data Packet Workbook table POPEMB-13.
The actual jobs per employed resident ratio is 1.51 (and not 1.59), as reported in the ABAG MTC Housing
Needs Data Report. The 1.51 ratio supports the conclusion that the Town at an aggregate level is a “net
importer of workers”. However, if we disaggregate the 1.51 number, we learn that the Town has more
low-wage jobs than low-wage residents (where low-wage refers to jobs paying less than $25,000 per
year), but at the other end of the scale the Town has more high-wage residents than high-wage jobs
(where high-wage refers to jobs paying more than $75,000 per year). The ABAG MTC data shows that
the “net importer of workers” is occurring at the low-wage group, while at the high-wage group the
Town is “exporting workers”. This needs to be clearly told to the HEAB.
This is also demonstrated by comparing the jobs-household ratio for Los Gatos, Cupertino, City of Santa
Clara, and Palo Alto. The jobs-household ratio for each of these jurisdictions is as follows:
Los Gatos 1.59
Cupertino 2.6
Santa Clara 2.72
Palo Alto 4.0
This data demonstrates that the Town is “exporting” housing to “job rich” jurisdictions which have failed
to provide the aggregate level of housing required to support their spectacular job growth over the past
10 years.
In the Employment section of Roots Policy Research’s draft AFFH analysis (see attached) the statement
is made that “Los Gatos is less of a commuter town than surrounding jurisdictions with much higher job
to household ratios”. While factually correct that Los Gatos has a lower job to household ratio than the
City of Santa Clara, Cupertino and Palo Alto, the statement fails to capture the full story of the data,
which is the Town is “exporting” housing to these jurisdictions.
It is more a statement of about the availability of housing in high job growth jurisdictions than a
statement about commuting. At the heart of this is the failure of surrounding jurisdictions to supply the
needed incremental housing to support the massive incremental job growth these jurisdictions have
experienced over the past 10 years. It is the lack of sufficient supply of housing that is the motor driving
the job-household ratio.
It should also be pointed out that the 19,843 jobs and 14,573 job holders’ numbers reported in the AFFH
do not agree with the 21,287 jobs and 14,115 employed residents as reported by ABAG MTC.
Furthermore, the conclusion in the AFFH report that there are more jobs in the Town than employed
residents does not tell the entire story, since this is at an aggregate level which masks the underlying
trends. As pointed out above, this is a barbell issue with one end of the barbells having more low-wage
jobs than low-wage residents, while at the other end there are more high-wage residents than high-
wage jobs. There are approximately 2x more low-wage jobs than high-wage jobs in the Town, but 65%
of the households have income levels greater than 100% AMI.
Lastly, on page 7 of the draft AFFH report, it states that only 342 housing units have been added since
2010. I am not sure this number is correct based on the Town’s annual housing reports.
In conclusion, it is critical to fully understand the underlying demographics of Los Gatos in terms of
employment and wages, and the impact on affordable housing. It is because the Town is populated with
a higher share of high-income earners (65% greater than 100% of AMI) than the rest of the county, that
housing is built for these higher income and amenity levels. Without goals, policies and programs that
specifically address the need to build “affordable housing” targeting incomes less than 100% of AMI (not
above greater than 100% AMI), it is highly unlikely developers will voluntarily build housing for low and
very-low-income levels. This is the challenge in front of us which needs to be addressed.
Thank you.
Phil Koen
July 7, 2022
Ms. Melanie Hanssen, Chair
Los Gatos Housing Element Advisory Board
C/O Joel Paulson, Community Development Director
110 East Main Street
Los Gatos, California 95030
Dear Chair Hanssen:
As the Los Gatos Housing Element Advisory Board considers revisions to the Housing
Element this evening, I am writing to encourage you to consider eliminating the requirement for a
Conditional Use Permit (CUP) to build high density residential on property zoned for high / (R-5)
uses. This outdated requirement is undoubtedly hampering the Town's effort to meaningfully
address the state and local housing crisis, and is contrary to modern planning principles designed
to combat climate change.
Our development experience over the last 25 years in multi-family residential projects
gives us a unique insight into how the policies implemented in the General Plan are translated into
the creation of housing. In this capacity, it is apparent that some policies, well intentioned as they
may be, create onerous entitlement requirements that have the effect of delaying the introduction
of housing into the community, or worse off, discourage the construction of housing in appropriate
locations.
One such requirement is the existing policy requiring a CUP for high density residential
uses within areas designated for mixed use in the General Plan. Though this requirement was
possibly grounded in sound policy when it was initially implemented, it is now outdated and
inconsistent with the state and region's planning priorities which emphasize mixed use
environments featuring the placement of residential uses in close proximity to commercial uses
such as offices and retail. Requiring the lengthy CUP process to build high density housing is
contrary to statewide priorities seeking to streamline such construction, and local regional efforts
to create walkable, breathable communities.
Thank you for taking the time to read this letter and consider this request. As the Task
Force engages in the forward-thinking actions necessary to ensure that Los Gatos has the policies
in place to foster an adequate housing supply, reconsidering the existing CUP requirement to build high density residential in areas designated for mixed use would undoubtedly help achieve the
community's housing objectives.
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