Item2.Addendum with Attachment 3
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: 09/15/2022
ITEM NO: 2
ADDENDUM
TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: September 14, 2022
TO: Housing Element Advisory Board
FROM: Joel Paulson, Community Development Director
SUBJECT: Receive Public Comments on the Initial Public Review Draft of the 2023-2031
Housing Element.
REMARKS:
Attachment 3 contains Board Member comments. The following is provided as additional
clarification in response to comments and questions contained in Attachment 3:
1. Add additional bank sites located in the Downtown to the Site Inventory.
Staff Response: On June 7, 2022, the Town Council accepted the Draft Site
Inventory as recommended by the Housing Element Advisory
Board (HEAB). As part of the HEAB’s work, potential housing sites
were placed into three tier categories. To establish the criteria for
each tier, staff utilized the Housing Element Site Inventory
Guidebook, created by the California Department of Housing and
Community Development (HCD), a document designed to assist
jurisdictions with the Site Inventory Analysis required by Housing
Element law. The bank sites located in the Downtown were placed
in Tier 3 based on their gross lot area of less than half an acre and
because Property Owner Interest Forms for residential
development were not submitted to the Town.
2. Given the referendum of parts of the 2040 General Plan, which Town document has the
final say in land use decisions?
Staff Response: A General Plan is a local government’s long-term framework or
“constitution” for future growth and development. The General
Plan is used by the Town Council, Planning Commission, and Town
PAGE 2 OF 2
SUBJECT: Receive Public Comments on the Initial Public Review Draft of the 2023-2031
Housing Element
September 14, 2022
N:\DEV\HEAB\2021-2023\HEAB Staff Reports and Attachments\2022\09-15-2022\Item 2 - Initial Public Review
Draft\Addendum\Item2.Addendum.docx
REMARKS (continued):
staff to make decisions with direct or indirect land use
implications. The referenced referendum relates to Resolution No.
2022-047, a Resolution of the Town Council of the Town of Los
Gatos Adopting the 2040 General Plan. The referendum proposes
that the Land Use and Community Design Elements of the 2040
General Plan be repealed. Once the referendum signatures are
verified by the County Registrar, the 2040 General Plan Land Use
and Community Design Elements are suspended in accordance
with Elections Code Section 9237. During the period of
suspension, it is expected that the 2020 General Plan Land Use
and Community Design Elements would govern in their place.
Staff looks forward to discussion with the Board if there are additional questions on the board
member’s other comments.
ATTACHMENTS:
Previously received with the September 15, 2022, Staff Report:
1. Board Member Comments
2. Public Comments received between 11:01 a.m., Thursday, August 18, 2022, and 11:00 a.m.
on Friday, September 9, 2022
Received with this Addendum Report:
3. Board Member Comments
From: Adam Mayer
Sent: Tuesday, September 13, 2022 11:28 PM
To: Housing Element <HEUpdate@losgatosca.gov>
Cc: Joel Paulson <jpaulson@losgatosca.gov>; Jocelyn Shoopman <jshoopman@losgatosca.gov>; Jennifer
Armer <JArmer@losgatosca.gov>; Erin Walters <EWalters@losgatosca.gov>
Subject: Re: Comments re: Los Gatos Draft Housing Element
Hi Planning Staff,
First of all, thank you for delivering the hard copy of the Draft Housing Element - this has been very
helpful in evaluating the document. Just have a few comments in anticipation of the upcoming Housing
Element Advisory Board meeting on Thursday (9/15):
Downtown District
I realize this is something we discussed early on in the Housing Element process. Still, I would like to
revisit the site inventory for the Downtown District because I feel like we are missing an opportunity to
plan for the potential to add housing units in the most pedestrian-friendly and resource-rich part of the
Town. I think there are ways to strategically do this that keep the charming character of Downtown
without changing the fundamental nature of the surrounding historic residential districts.
Furthermore, according to the "Vision 2040" of the 2040 General Plan's Community Design Element, The
Downtown District:
"emphasizes first floor retail and restaurant uses and encourages office and residential units above
the first floor. It is through this mixed-use development that residential growth is accommodated.
Multi-story mixed-use transitions in scale seamlessly with nearby residential, which includes growth
through small multi-unit housing while maintaining the charm and character of these neighborhoods.
The Downtown District provides a truly walkable environment, where sidewalks are wide and pedestrian
friendly. The expanded sidewalks accommodate additional space for outdoor dining, public art, and
street furniture. Enhancing the visitor experience in the Downtown District, digital display informational
kiosks with establishment directories provide a 21st-century amenity. Updated building signage, a
Downtown wayfinding system, and gateway entrance signs mark the Downtown as the core of the
community.
The Downtown District thrives as one of the most beloved areas of the Town, one that has stood the test
of time and continues to do so"
This is a lovely vision that the GPAC came up with here, but the Housing Element Site Inventory for the
Downtown District leaves much to be desired. In fact, given the current site inventory, I don't think
achieving the vision of a genuinely mixed-use Downtown will come to pass.
Currently, the Housing Element has identified only three sites in the Downtown District at opposite ends
of Santa Cruz Avenue (the site of the former Hult's restaurant on the north and the Post Office and the
Park Avenue parcel on the south). These three sites only account for 45 housing units or a mere 2% of
the RHNA number.
Early in the process, I suggested evaluating the bank sites on Santa Cruz Avenue (see attached markup
with sites highlighted in orange) - Bank of America, Bank of the West, Wells Fargo, US Bank - as
candidates.
Now while I understand that these sites are not currently vacant (and perhaps is the reason they are not
included in the site inventory, which prioritizes vacant/partially vacant sites), given the outlook of where
the banking sector is trending with regard to digitization, physical bank branches might become obsolete
within the next 10-20 years (and even if they don't become obsolete right away, there is nothing that
would preclude a bank branch from occupying the ground floor commercial retail space of a mixed-use
building that has residential units above). The HCD website has some good tips about how to analyze
"Existing Uses" for Non-vacant sites: https://www.hcd.ca.gov/analysis-of-sites-and-zoning
Even if these sites are not added to the site inventory, they will not see any multi-family residential in
the future if they remain zoned as they currently are (C-2 Central Business District Commercial Zone),
which does not allow multi-family residential use.
In case my comments get misinterpreted here (as often happens in these discussions about land use), I
would like to clarify that I am not suggesting that we raze Downtown Los Gatos and its surrounding
historic districts and build high-density housing everywhere.
The approach I am proposing is careful and thoughtful - any proposed development should go through
the proper Planning and Historic evaluations to ensure that Los Gatos gets the highest quality projects
possible and that the Downtown is enhanced and beautified by any new building that is introduced to
the district.
Los Gatos Boulevard Area
In contrast to the Downtown Area, the Los Gatos Boulevard area site inventory accounts for 427 new
residential units, or about 21% of the RHNA. As has been mentioned by other members of the HEAB, this
presents an excellent opportunity to turn Los Gatos Blvd into a grand boulevard. The "Vision 2040" of
the 2040 General Plan's Community Design Element, Los Gatos Boulevard District, does a good job of
laying this out:
"The Los Gatos Boulevard District reflects a comprehensive transformation from a 1950s automobile-
oriented corridor to a multi-modal District with 21st-century amenities. The Los Gatos Boulevard District
includes high-density residential living over retail and commercial offices. It is a pedestrian-oriented
district with clearly defined bike lanes, wider sidewalks, and mid-block pedestrian crossings. Increased
landscaping provides visual consistency between the Boulevard and the scenic backdrop of the Santa
Cruz Mountains."
Now the state has given us a new tool to help realize this vision, Assembly Bill 2011 (AB 2011), which,
according to this SF Examiner piece: "rezones commercial areas on major boulevards for three-to-six
story residential development. And it permits those buildings 'by right,' meaning they will not be subject
to discretionary reviews from neighbors or lawsuits under the California Environmental Quality Act."
AB 2011 is based on the "Grand Boulevards" concept by Berkeley planner/architect Peter Calthorpe.
More can be read about this concept here: https://www.hdrinc.com/insights/grand-boulevards-plan-
solve-californias-housing-crisis
Alignment Between the Housing Element, General Plan (Land Use Element & Community Design
Element), current Town Zoning Code and State Laws
One underlying reality that has left me uneasy throughout the Housing Element process is the alignment
between the different documents that will guide the Town's Land Use in the coming years (and
decades).
We can now identify inconsistencies between the current Town Zoning Code and the new General Plan
and Draft Housing Element. Add on top of that the new legislation coming from the state in Sacramento
and the potential repealing of parts of the 2040 General Plan by signature collection here locally in Los
Gatos.
Which document or legislation *legally* has the final say in local land use? As I am not an attorney, I
don't have the answer to that, but I know that much of the state legislation is written to override local
rules. So even if the signature collection to repeal parts of the 2040 General Plan are successful, and the
Land Use Element has to be reconsidered, what guides us in the interim? Do we have to wait to update
the Town Zoning Code? HCD will be watching like a hawk to ensure that the implementation programs
from the Housing Element are progressing.
I don't have an answer to any of these questions, but I only bring them up because I think they're
important to consider. I understand Town Staff is under a lot of pressure to clarify everything while
remaining proactive, so these questions are not being raised to try and make your life more difficult (the
situation is complex as it is).
Best,
Adam Mayer
Housing Element Advisory Board Member
--
Adam N. Mayer AIA, LEED AP BD+C, WELL AP
Initial Draft 2023-2031 Housing Element
August 2022 Appendix D D-4