Item 2 - Staff Report and Attachments 1 to 8
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: 11/17/2022 ITEM NO: 2 TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: November 11, 2022
TO: Housing Element Advisory Board
FROM: Joel Paulson, Community Development Director
SUBJECT: Discuss Anticipated Comments on the Town’s Draft Housing Element Based on
Comments Other Jurisdictions Have Received From the California Department of
Housing and Community Development (HCD) on Their Draft Housing Elements.
BACKGROUND:
On August 29, 2022, the Town released the Initial Public Review Draft of the 2023-2031 Housing
Element for a 30-day public comment period which ran from August 29, 2022, to September 27,
2022. Per Assembly Bill 215 (AB 215), signed by the Governor on September 28, 2021, a 30-day
public comment period of the Initial Public Review Draft Housing Element is required before the
Town can submit to the California Department of Housing and Community Development (HCD) for
preliminary review.
On September 15, 2022, the Housing Element Advisory Board (HEAB) held a meeting to provide
an opportunity for the public to provide verbal comments during the 30-day public review period.
The public comment period for the Initial Public Review Draft of the Housing Element ended on
September 27, 2022. Town staff and the consultants prepared responses to the public comments
and made changes to the Draft Housing Element as appropriate, during the required review and
response period, prior to submittal to HCD for its first preliminary review.
On Friday, October 14, 2022, the Town submitted the Draft Initial Review Housing Element
to HCD for preliminary review. All documents submitted to HCD are available on the Town’s
Housing Element Update website at: https://engagelosgatoshousing.com/. Staff anticipates
receiving a first review comment letter from HCD in mid-January 2023. The Town’s HCD reviewer
has been assigned and based on the experience of surrounding jurisdictions, staff expects to meet
with the HCD reviewer at the approximately 45-day mark in early-December to receive initial
feedback on the Town’s Draft Housing Element.
PAGE 2 OF 5 SUBJECT: Discuss Anticipated Comments on the Town’s Draft Housing Element. DATE: November 11, 2022
DISCUSSION:
The purpose of this meeting is to receive information and to review and discuss the comments
other jurisdictions have received from HCD on their Draft Housing Elements. In anticipation of
the Town’s first review comment letter, staff has reviewed comment letters received by other
jurisdictions, including, the cities of Campbell, Dublin, Menlo Park, Mountain View, Redwood
City, Saratoga, and Sunnyvale.
Staff has identified the following recurring topics in the comment letters from other jurisdictions
which the Town may also receive:
Implementation Programs
1. An Implementation Program to modify the Town’s Accessory Dwelling Unit (ADU) Ordinance
for compliance with State law. For example, the Town’s current ADU ordinance requires that
a new ADU in the Hillside Residential (HR) zone comply with the primary structure setbacks
for the rear and side setbacks; whereas, HCD has previously provided correspondence to staff
that the Town may only utilize minimum rear and side setbacks of four feet.
2. An Implementation Program to modify the Town’s Density Bonus Ordinance for compliance
with Assembly Bill 1763, which became effective in January 2020. The Town’s Density Bonus
Ordinance was last modified in June of 2012.
3. Provide more definitive implementation timelines and objectives, quantified where
appropriate, for each Implementation Program.
Site Inventory List
1. HCD has provided a comment in the City of Menlo Park comment letter that the Housing
Element could utilize a minimum density and this methodology may be accepted without
further analysis or methodology. The Town’s current methodology for calculating the
realistic residential capacity for the Site Inventory utilizes the typical density identified in the
2040 General Plan Residential Buildout table. The following table demonstrates the existing
2020 General Plan Land Use designations, the 2040 General Plan minimum density, and the
2040 General Plan typical density. Should the Town choose to utilize a minimum density for
calculating the residential capacity of the Site Inventory, additional sites would be required to
be selected from either the Tier 2 or Tier 3 Site Inventory list.
2020 General Plan Designation 2040 General Plan
Minimum Density
(du/ac)
2040 General Plan
Typical Density
(du/ac)
Low Density Residential 0 4
Medium Density Residential 14 18
High Density Residential 30 36
Neighborhood Commercial 10 18
Central Business District 20 26
Mixed-Use 30 36
PAGE 3 OF 5 SUBJECT: Discuss Anticipated Comments on the Town’s Draft Housing Element. DATE: November 11, 2022
DISCUSSION (continued):
2. HCD has deemed sites smaller than a half-acre as inadequate to accommodate housing for
lower-income housing unless it is demonstrated that sites of equivalent size and affordability
were successfully developed during the prior planning period or unless the Housing Element
provides other evidence to HCD that the site is adequate to accommodate lower-income
housing. The Town’s Site Inventory includes three sites that are less than half an acre (Site A-
7, Site D-3, Site D-4, and Site D-7). Site A-7 (165 Los Gatos-Saratoga Road) is identified in the
Site Inventory; however, it has not been identified as a site to accommodate lower-income
housing. Site D-3 (16240 Burton Road), Site D-4 (16270 Burton Road), and Site D-7 (14823
Los Gatos Boulevard) have been identified as sites to accommodate lower-income housing as
they are located within the North Forty Specific Plan Area. Program D of the Draft Housing
Element proposes to amend the North Forty Specific Plan to increase the density to more
than 30 du/ac and to increase the total number of dwelling units allowed in the Specific Plan.
The HCD Housing Element Site Inventory Guidebook allows jurisdictions to use a higher
density (default density of 30 du/ac) as a proxy for lower income affordability.
3. HCD has stated that the Housing Element must demonstrate that existing uses are not an
impediment to additional residential development and will likely discontinue in the planning
period. The Site Inventory currently relies upon nonvacant sites to accommodate more than
50 percent of the Regional Housing Needs Allocation (RHNA) for lower-income households.
Sites that are nonvacant have been included in the Site Inventory due to either a Property
Owner Interest Form being submitted to the Town, staff contact regarding potential
residential development, or submittal of a Conceptual Development Advisory Committee
application.
4. HCD has stated that in order for Senate Bill 9 housing units to be included as a strategy to
accommodate the Town’s need of above-moderate housing, additional analysis will be
required to be provided. The analysis may include, but is not limited to: experience; trends;
and market conditions that allow lot splits; and the likelihood of redevelopment, including
whether existing uses constitute an impediment for additional residential use to support the
proposed projection within the eight-year planning period. The Town has provided a SB 9
projection of 96 housing units within the eight-year planning period.
5. It is likely that HCD is aware of the 2040 General Plan referendum for the Land Use and
Community Design Elements, as demonstrated in their comment letter to the City of Menlo
Park regarding a voter initiative for a proposed ballot measure for single-family rezoning. In
response to the referendum to repeal the Land Use and Community Design Elements of the
2040 General Plan, the Draft Housing Element included Implementation Programs BF and BG
to amend the Zoning Code and General Plan for the sites that are included in the Site
Inventory. The amendments would consider modification of the development standards,
including, but not limited to the: density; lot coverage; floor area ratio; and height for the
parcels in the Site Inventory.
PAGE 4 OF 5 SUBJECT: Discuss Anticipated Comments on the Town’s Draft Housing Element. DATE: November 11, 2022
DISCUSSION (continued):
Staff is awaiting HCD feedback on this approach that was included in the Draft Housing
Element submittal to ensure adequate sites are available to accommodate the Town’s RHNA.
Public Participation
1. HCD has commented that Housing Elements need to describe the efforts made to circulate
the document to low-and moderate-income households, and organizations that represent
them, and to involve such groups and persons in the update of the Housing Element
throughout the process. Staff has also seen feedback requesting information on how the
Housing Element has targeted outreach efforts to renters. In response, staff and the Housing
Element consultant are creating an anonymous, online survey that will be available on the
Town’s Housing Element Update website. Hard copies of the survey will also be available at
the Community Development Department counter, the Town Library, and at the November
13, 2022, and December 11, 2022, Farmers’ Market. Staff has also reached out to West
Valley Community Services and SV@Home regarding other community outreach
opportunities.
Builder’s Remedy
Under the Housing Accountability Act, jurisdictions who do not have an adopted Housing
Element that is in substantial compliance with State law by the statutory deadline (January
31, 2023, for the Bay Area) could be required to approve a residential development even if it
did not meet local zoning regulations. The “builder’s remedy” has been in the Housing
Accountability Act since 1990 and pertains to residential developments that have at least 20
percent low-income units or 100 percent moderate income units. In past Housing Element
cycles, HCD has applied a 120-day grace period past the statutory deadline for local agencies
to adopt a Housing Element. Recently, HCD informed local agencies that the 120-day grace
period will not be applied in this sixth cycle Housing Element. This provision in the Housing
Accountability Act has been available for quite some time and in Los Gatos, no applications
have come forward during the last two Housing Element cycles when the Town missed the
statutory deadlines for adoption of a Housing Element. The statutory deadline for adoption
of a Housing Element for the fourth cycle (2007-2014) was June 30, 2009. The Town’s
Housing Element was adopted by Town Council on March 5, 2012. The statutory deadline for
adoption of a Housing Element for the fifth cycle (2015-2023) was January 31, 2015. The
Town’s Housing Element was adopted by Town Council on May 5, 2015.
Staff fully recognizes that the current Housing Element cycle is unlike any past cycle. It is
possible that a developer could submit an application to the Town in February if the Town
Council does not adopt a Housing Element that is in substantial compliance with Housing
Element Law by January 31, 2023. Discussions are on-going with the Town Manager, Town
Attorney, and Community Development Director on options moving forward.
PAGE 5 OF 5 SUBJECT: Discuss Anticipated Comments on the Town’s Draft Housing Element. DATE: November 11, 2022
NEXT STEPS:
The Town’s HCD reviewer has been assigned and based on the experience of surrounding
jurisdictions, staff expects to meet with the HCD reviewer at the approximately 45-day mark in
early-December to receive initial feedback on the Town’s Draft Housing Element. This early
feedback will provide an opportunity to work on modifications to the Draft Housing Element.
The Town Council is tentatively scheduled to meet on December 20, 2022, to discuss the initial
feedback received from the Town’s HCD reviewer and provide initial direction.
Once HCD’s formal comment letter is received in mid-January, staff intends to bring the Draft
Housing Element, public comments and responses, and HCD comments to the Town Council for
the Council to provide policy direction regarding modifications to the Housing Element in light of
HCD’s comments.
Based on the experience of other California communities, the process is expected to include
multiple reviews by HCD. The HEAB will also participate in the revisions to the Housing
Element. Once HCD determines and communicates that the Town’s Housing Element is
ready for certification, the formal public hearing process will occur with the Planning Commission
making a recommendation and the Town Council making the final decision on adoption of the
Housing Element.
PUBLIC COMMENTS:
Attachment 8 includes public comments received between 11:01 a.m., Thursday, October 20,
2022, and 11:00 a.m. on Friday, November 11, 2022.
Public comments are encouraged throughout the Housing Element update process and can be
emailed to HEUpdate@losgatosca.gov.
ATTACHMENTS:
1. City of Campbell Draft Housing Element HCD Comment Letter
2. City of Dublin Draft Housing Element HCD Comment Letter
3. City of Menlo Park Draft Housing Element HCD Comment Letter
4. City of Mountain View Draft Housing Element HCD Comment Letter
5. City of Redwood City Draft Housing Element HCD Comment Letter
6. City of Saratoga Draft Housing Element HCD Comment Letter
7. City of Sunnyvale Draft Housing Element HCD Comment Letter
8. Public Comments received between 11:01 a.m., Thursday, October 20, 2022, and 11:00 a.m.
on Friday, November 11, 2022
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916)263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 3, 2022
Rob Eastwood, Director
Community Development Department
City of Campbell
70 North First Street
Campbell, CA 95008
Dear Rob Eastwood:
RE: City of Campbell’s 6th Cycle (2023-2031) Draft Housing Element
Thank you for submitting the City of Campbell’s (City) draft housing element update
received for review on August 5, 2022 along with draft revisions on October 26, 2022.
Pursuant to Government Code section 65585, subdivision (b), the California
Department of Housing and Community Development (HCD) is reporting the results of
its review. Our review was facilitated by conversations on September 20 and 27, 2022
with you; Stephen Rose, Senior Planner; and your consultants, Geoff Bradley and Sung
Kwon. In addition, HCD considered comments from several stakeholders and members
of the community, pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing
Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of the
statutory deadline (January 31, 2023), then any rezoning to make prior identified sites
available or accommodate the regional housing needs allocation (RHNA), including for
lower-income households, shall be completed no later than one year from the statutory
deadline. Otherwise, the local government’s housing element will no longer comply with
State Housing Element Law, and HCD may revoke its finding of substantial compliance
pursuant to Government Code section 65585, subdivision (i). Please be aware, if the
City fails to adopt a compliant housing element within one year from the statutory
deadline, the element cannot be found in substantial compliance until rezones pursuant
to Government Code section 65583, subdivision (c) (1) (A) and Government Code
section 65583.2, subdivision (c) are completed.
ATTACHMENT 1
Rob Eastwood, Community Development Director
Page 2
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City must continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available while considering and incorporating comments where appropriate. Please be
aware, any revisions to the element must be posted on the local government’s website
and to email a link to all individuals and organizations that have previously requested
notices relating to the local government’s housing element at least seven days before
submitting to HCD.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City will meet housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the hard work and dedication you; Stephen Rose, Senior Planner; and
your consultants, Geoff Bradley and Sung Kwon provided in preparation of the City’s
housing element and looks forward to receiving the City’s adopted housing element. If
you have any questions or need additional technical assistance, please contact Shawn
Danino, of our staff, at shawn.danino@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
City of Campbell’s 6th Cycle (2023-2031) Draft Housing Element Page 1
November 3, 2022
APPENDIX
CITY OF CAMPBELL
The following changes are necessary to bring the City’s housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at
https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section
contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements
(Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the
Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress
in implementation, and reflect the results of this review in the revised element. (Gov. Code,
§ 65588 (a) and (b).)
Special Housing Needs: As part of the review of programs in the past cycle, the element
must provide an evaluation of the effectiveness of goals, policies, and related actions in
meeting the housing needs of special needs populations (e.g., elderly, persons with
disabilities, large households, female headed households, farmworkers, and persons
experiencing homelessness). While the element includes some general reporting such as
the City’s website including links to homeless services (p. III.A-6), it should still evaluate
whether programs were effective, individually and cumulatively, and add or modify
programs appropriately.
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Enforcement and Outreach: While the element describes some outreach and capacity
to enforce fair housing laws, it should also address compliance with existing fair housing
laws as well as any past or current fair housing lawsuits, findings, settlements,
judgements, or complaints.
Racially Concentrated Areas of Affluence (RCAA): The element identifies that “much of
the city is identified as within a Racially Concentrated Area of Affluence,” (p. H-II-63) but
should also include specific analysis to better formulate appropriate programmatic
response. This analysis should utilize local data and knowledge and other relevant
factors. For example, the element could examine past land use practices, investments,
quality of life relative to the rest of the City and region and then formulate appropriate
programs to promote more inclusive communities and equitable quality of life. For
City of Campbell’s 6th Cycle (2023-2031) Draft Housing Element Page 2
November 3, 2022
example, the City should consider additional actions (not limited to the Regional
Housing Needs Allocation (RHNA)) to promote housing mobility and improve new
housing opportunities throughout the City.
Disparities in Access to Opportunity: The element provides information on the access to
opportunity through the TCAC opportunity map but must also provide a complete local
and regional analysis of patterns and trends for all components. A comprehensive
analysis should include the local and regional disparities of the educational,
environmental, and economic scores through local, federal, and/or state data. It should
also analyze persons with disabilities as well as access to transit. Please refer to page
35 of the Affirmatively Furthering Fair Housing (AFFH) guidebook
(https://www.hcd.ca.gov/community-development/affh/index.shtml#guidance) for
specific factors that should be considered when analyzing access to opportunities as it
pertains to educational, employment, environmental, transportation, and any other
relevant factors.
Disproportionate Housing Needs, including Displacement risk: The element provides
some discussion on cost burdened households and overcrowding. However, the
element must evaluate trends and patterns within the City, with regards to overpayment,
substandard housing and persons experiencing homelessness. This analysis should
utilize local data and knowledge and other relevant factors (Please see pages 24 and
25 of HCD’s Guidance at https://www.hcd.ca.gov/planning-and-community-
development/affirmatively-furthering-fair-housing). For example, the element could
utilize information from the City’s code enforcement to evaluate patterns of housing
conditions or could contact service providers regarding patterns (areas of higher need)
of persons experiencing homelessness and availability of services. Based on the
outcomes of this analysis, the element should add or modify programs as appropriate.
Identified Sites and AFFH: While the element provides some analysis of the identified
sites and socio-economic concentrations, the element must analyze the identified sites
with regards to the City’s RCAAs. In addition, the element should analyze the lack of
units in higher opportunity or income areas, including census tracts in the Northwest
and Southeast portion of the City, including two of the City’s census tracts labeled
highest opportunity areas by the Tax Credit and Allocation Committee (Figure IV-5),
which appear to have no identified sites or opportunity sites. A complete analysis should
fully assess how the site inventory is expected to improve and/or exacerbate fair
housing conditions, including any isolation of the RHNA. This analysis should address
the location, number of units by income group, magnitude of the impact, and could
consider topics such housing choice (not limited to the RHNA) in other areas of the City,
existing or proposed anti-displacement policies, place-based investments, and how
such strategies will improve fair housing conditions when paired with the identified sites.
Based on the outcomes of this analysis, the element should add or modify programs as
appropriate.
Contributing Factors to Fair Housing Issues: Based on the outcomes of a complete
analysis, the element should re-evaluation and prioritize contributing factors to fair
housing issues.
City of Campbell’s 6th Cycle (2023-2031) Draft Housing Element Page 3
November 3, 2022
Goals, Priorities, Metrics, Actions & Milestones: While the element includes general
metrics for some programs, the element must be revised to add or modify goals and
actions based on the outcomes of a complete analysis. Goals and actions must
specifically respond to the analysis and to the identified and prioritized contributing
factors to fair housing issues and must be significant and meaningful enough to
overcome identified patterns and trends. Actions must have specific commitment,
milestones, geographic targeting and metrics or numerical targets and, as appropriate,
address housing mobility enhancement, new housing choices and affordability in higher
opportunity or income areas (throughout the City), place-based strategies for community
preservation and revitalization and displacement protection.
The element may, for example, commit to a firm date by which it will establish
development standards for smaller housing types, including bungalow courts. The
element may also, for example, as discussed on the September 27, 2022 call, revise
Program H-1m to make a specific commitment for establishing development standards
for small units including missing middle housing types that are feasible in higher
opportunity or income areas. To improve housing opportunities for persons experiencing
homelessness or lower-income households employed in the City, the City may, for
example, commit to identifying supportive housing projects in the City as part of Project
Homekey and provide a date by which sites will be identified and by which the City will
apply for funding. The City may also, for example, revise Program HE-6.D to make
specific commitments to improve pedestrian safety and active mobility as a way to
increase disparities in access to opportunity. Additionally, the element should commit to
assessing and revising programs through a mid-cycle review. Please see HCD’s AFFH
memo for more information: https://www.hcd.ca.gov/community-
development/affh/docs/affh_document_final_4-27-2021.pdf#page=23.
2. Include an analysis of population and employment trends and documentation of
projections and a quantification of the locality's existing and projected needs for all
income levels, including extremely low-income households. (Gov. Code, § 65583, subd.
(a)(1).)
Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding,
and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Analyze any special housing needs such as elderly; persons with disabilities, including a
developmental disability; large families; farmworkers; families with female heads of
households; and families and persons in need of emergency shelter. (Gov. Code,
§ 65583, subd. (a)(7).)
Extremely Low-Income (ELI): While the element briefly quantifies ELI households but
should specifically analyze their housing needs, including tenure, overpayment,
available resources and strategies, effectiveness of past program and the magnitude or
disproportionate impacts on housing needs. Then, the element should add or modify
programs as appropriate.
City of Campbell’s 6th Cycle (2023-2031) Draft Housing Element Page 4
November 3, 2022
Housing Cost: While the element includes estimated rents for residents, it utilizes
American Community Survey (ACS) data. The element should supplement census data
with other sources (e.g., local knowledge).
Overpayment: The element must quantify and analyze the number of lower-income
households overpaying by tenure (i.e., renter and owner).
Persons Experiencing Homelessness: The element provides some analysis of persons
experiencing homelessness and describes some facility capacity in the County ( Table
II-25). However, given the magnitude of the need and the significant increase in the
Point in Time Count between 2019 and 2022, the City should evaluate resources and
strategies, gaps in addressing needs and formulate appropriate strategies to address
the unmet need. For example, the element could identify and evaluate capacity for
permanent supportive housing, or other housing types, for example Single Room
Occupancies (SROs), within the City, to evaluate needs and address unmet needs
through program actions.
3. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a designated income level, and
an analysis of the relationship of zoning and public facilities and services to these sites.
(Gov. Code, § 65583, subd. (a)(3).)
Small Sites: The site inventory currently includes 64 sites that are less than 0.5 acres,
including several sites with existing housing (p. H-IV-30 and Table A). Sites smaller than
a half-acre in size are deemed inadequate to accommodate housing for lower-income
housing unless it is demonstrated that sites of equivalent size and affordability were
successfully developed during the prior planning period or unless the housing element
describes other evidence to HCD that the site is adequate to accommodate lower-
income housing (Gov. Code, § 65583.2, subd. (c)(2)(A).). The element identifies several
site groupings with potential for consolidation. However, the element must also evaluate
whether those sites are suitable to accommodate housing for lower-income households
and add or modify programs as appropriate. For example, the element could list past
consolidations by the number of parcels, number of owners, zone, number of units,
affordability and circumstances leading to consolidation and then relate those trends to
the identified sites or could explain the potential for consolidation on a site-by-site basis.
Based on the outcomes of the analysis, the element should modify policies and
programs, including a specific commitment to ensure that maximum densities can be
accommodated on all sites in the inventory.
Large Sites: The inventory includes several sites over ten acres, including one 16.4-
acre site with an operating commercial shopping center. While the element clarifies
there is interest from the property owner, it should analyze the suitability of these
sites to accommodate housing for lower-income households or rescale assumptions.
The City described its strategy for “carving out” portions of some larger parcels,
where some portions of parcels can be developed while maintaining other existing
residential and commercial uses. However, the City should clarify the timeline and
procedure by which these carveouts will occur. For example, the element should
City of Campbell’s 6th Cycle (2023-2031) Draft Housing Element Page 5
November 3, 2022
discuss any recent developments of similar size and affordability, opportunities for
parceling, phasing or site planning and generally address how housing affordable to
lower-income households will occur given typical state funded developments are
approximately 50 to 150 units then rescale assumptions if necessary and add or
modify programs as appropriate.
City-Owned Sites: The element identified two City-Owned sites to accommodate 231
housing units; however, must analyze the suitability and availability of those sites for
development in the planning period, including how the sites will be available (e.g.,
surplus or lease), any known barriers, an anticipated schedule and other relevant
factors. In addition, the element should include a program with numerical objectives that
ensure compliance with the Surplus Land Act, provides incentives and actions along
with a schedule to facilitate development of City-owned sites. Actions should include
outreach with developers, issuing requests for proposals, incentives, fee waivers,
priority processing, financial assistance and alternative actions if the sites do not
become available at a reasonable point in the planning period (e.g., 2028).
Suitability of Nonvacant Sites: The element must include analysis demonstrating the
potential for additional development on nonvacant sites and describes existing property
owner interest (p. H-IV-21). While the element mentions underutilized sites were
identified based on interest in development, structure/site conditions and development
on adjacent sites with similar characteristics, it must support the validity of these factors
in demonstrating the potential for redevelopment. For example, the element currently
lists prior uses in recent development activity but could also discuss how the recent
trends support the various factors. In addition, the element could consider additional
factors such existing versus allowable floor area and reflect those values in the sites
inventory. Finally, the element should account for the extent existing uses impede
additional residential development including market demand for the existing use and
existing leases or contracts that would perpetuate the existing use or prevent additional
residential development.
The housing element relies upon nonvacant sites to accommodate more than 50 percent
of the RHNA for lower-income households. As a result, the housing element must
demonstrate existing uses are not an impediment to additional residential development
and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).)
For your information, absent findings in the resolution as part of adoption based on
substantial evidence, the existing uses will be presumed to impede additional residential
development and will not be utilized toward demonstrating adequate sites to
accommodate the RHNA.
Electronic Sites Inventory: For your information, pursuant to Government Code section
65583.3, the City must submit an electronic sites inventory with its adopted housing
element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-
community-development/housing-elements for a copy of the form and instructions. The
City can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance.
City of Campbell’s 6th Cycle (2023-2031) Draft Housing Element Page 6
November 3, 2022
Zoning for a Variety of Housing Types:
• Single Room Occupancy (SRO) Units: The City categorizes SROs under the
definition of rooming and boarding houses, “that are rented to between 3 to 5
persons for profit…”(p. H-II-109). The City should analyze this definition as a
possible constraint. In addition, the City allows SROs in only certain zones and
requires a Conditional Use Permit (CUP) in all zones allowed. The element
should demonstrate zoning, development standards, including parking, and
permit procedures encourage and facilitate SROs or add or modify programs as
appropriate.
• By-right Permanent Supportive Housing: While the element states that supportive
housing is permitted in all residential zoning districts by right (p. H-II-109),
supportive housing shall be a use by-right in zones where multifamily and mixed
uses are permitted, including nonresidential zones permitting multifamily uses
pursuant to Government Code section 65651. The element must demonstrate
compliance with these requirements and include programs as appropriate.
• Emergency Shelters: The element was revised to state that emergency shelters
are allowed by-right in a “portion of the M-1 zone” and states that the area is “well
served by transit and commercial services” (p. H-III-107). However, the element
must also identify and analyze any development standards (e.g., spacing,
parking, concentration requirements) and other requirements imposed on
emergency shelters. Lastly, the element must describe compliance with
Government Code section 65583, subdivision a)(4)(A) or include a program to
comply with this requirement. For your information, pursuant to Government
Code section 65583, subdivision a)(4)(A), parking requirements should be limited
to allowing sufficient parking to accommodate all staff working in the emergency
shelter, provided that the standards do not require more parking for emergency
shelters than other residential or commercial uses within the same zone.
• Accessory Dwelling Units (ADU): HCD records indicate permitted ADUs of 5 in
2018, 8 in 2019, 54 in 2020, and 38 in 2021, figures that are inconsistent with
those in the element. The element should reconcile these numbers either in the
element or Annual Progress Reports (APRs) and adjust assumptions as
appropriate.
After a cursory review of the City’s ordinance, adopted August 16, 2022, HCD
discovered some areas which are inconsistent with State ADU Law. HCD will
provide a complete listing of ADU non-compliance issues under a separate
cover. As a result, the element should add a program to update the City’s ADU
ordinance to comply with state law.
4. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
City of Campbell’s 6th Cycle (2023-2031) Draft Housing Element Page 7
November 3, 2022
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures... (Gov. Code, § 65583, subd.
(a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls
impacts as potential constraints on a variety of housing types. The analysis should
analyze land use controls independently and cumulatively with other land use controls.
The analysis should specifically address requirements related to parking for small units
including SROs and missing middle housing types; height limits particularly in
multifamily zones; maximum lot coverages; minimum lot areas; minimum site sizes;
public and private open space requirements; lot coverage and limits on allowable
densities. The analysis should address any impacts on cost, supply, feasibility, timing,
approval certainty and ability to achieve maximum densities and include programs to
address identified constraints. Finally, pursuant to public comments, the City must make
a firm commitment to reduce its parking requirements across residential zones.
Processing and Permit Procedures: The element identifies that most developments are
subject to a Site and Architectural Review and lists various finding, most notably “The
project will aid in the harmonious development of the immediate area”. The element
then mentions this is similar to other jurisdictions but should evaluate the impacts of the
finding on housing supply (number of units), cost, timing, feasibility and particularly
approval certainty and then add programs to address identified constraints.
Persons with Disabilities: The element describes the City’s reasonable accommodation
process and lists its factors for consideration (pp. H-II-141), including the potential
impact on surrounding uses. The element then notes this factor can be addressed by
evaluating alternatives to addressing the needs of persons with disabilities. First, a
factor such as impact on surrounding uses is essentially a conditional use finding and a
reasonable accommodation procedure should be a unique exception process, instead
using factors such as whether the accommodation poses a fundamental alternation of
zoning and land use – a far different standard that should be employed in a manner to
promote access to housing opportunities for persons with disabilities. Second, the
surrounding use factor appears to be employed in a manner that seeks to alter requests
and fit with the surrounding areas as opposed to considering the exception request. For
these reasons alone, the element should identify this finding as a constraint and modify
Program H-5g (Reasonable Accommodation) to remove the constraint early in the
planning period (within two years).
In addition, the element indicates group homes for seven or more persons are allowed
in all residential zones but subjects group homes to a conditional use permit (CUP),
unlike other similar uses. The element should specifically analyze these constraints for
impacts on housing supply and choices and approval certainty and objectivity for
housing for persons with disabilities and include programs as appropriate.
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C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period,
each with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the Housing Element... (Gov. Code,
§ 65583, subd. (c).)
Programs must demonstrate that they will have a beneficial impact within the planning
period. Beneficial impact means specific commitment to deliverables, measurable
metrics or objectives, definitive deadlines, dates, or benchmarks for implementation.
Deliverables should occur early in the planning period to ensure actual housing
outcomes. Several programs and actions have timelines that could be moved earlier in
the planning period to ensure a beneficial impact. Examples include Programs H-1E
(Preapproved ADU Plans), H-1m (Microunit Standards), H-2c (Short term Rental
Ordinance), H-3e (Reuse Site Ministerial Review), and H-5t (Employee Housing).
Additionally, programs must have specific commitment to clear housing outcomes or
deliverables. Several programs include actions with no description of how those actions
will be implemented (e.g., “support”, “study”, “explore”, “evaluate”, etc.,). Programs
should be amended, to include specific commitment to a housing related outcome.
Examples include Programs H-1b (Commercial Linkage Fee), H-1c (Affordable Housing
Overlay Zone), H-1k (Achieve Target Densities), H-1m (Micro-unit Standards), H-2d
(Workforce Housing Ordinance), H-2e (Housing Rehabilitation Loans), H-2g
(Preservation of Assisted Housing), H-3a (Parking Requirement Reduction) H-5d
(Shared Housing Program), H-5o (ELI Unit Development), and H-5s (City Density
Bonus).
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need
for each income level that could not be accommodated on sites identified in the
inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and
to comply with the requirements of Government Code section 65584.09. Sites shall be
identified as needed to facilitate and encourage the development of a variety of types of
housing for all income levels, including multifamily rental housing, factory-built housing,
mobilehomes, housing for agricultural employees, supportive housing, single-room
occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583,
subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis;
therefore, the adequacy of sites and zoning were not established. Based on the results
of a complete sites inventory and analysis, the City may need to add or revise programs
to address a shortfall of sites or zoning available to encourage a variety of housing
types.
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In addition, programs targeting development of publicly owned land (e.g., Program H-
5q) should include a schedule of actions for development in the planning period
consistent with the assumptions in the sites inventory, including coordination with
developers, requests for proposal, facilitating entitlements, incentives, issuing building
permits and compliance with the Surplus Land Act.
3. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with
disabilities. The program shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for occupancy by, or with
supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding B4, the element requires a complete analysis of potential
governmental and nongovernmental constraints. Depending upon the results of that
analysis, the City may need to revise or add programs and address and remove or
mitigate any identified constraints.
4. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion,
sex, marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete assessment of fair
housing. Based on the outcomes of that analysis, the element must add or modify
programs.
5. The housing program shall preserve for low-income household the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a)... (Gov. Code, §
65583, subd. (c)(6).)
Program H-2g states an objective to “participate in the preservation of at-risk units by
providing financial and/or technical assistance” (p. H-IV-55). However, the program
should make a specific and firm commitment to maintain the long-term affordability of
these units, including a clear commitment of financial assistance or support of funding
applications, coordination with qualified entities and support, education and assistance
for tenants.
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed,
rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1
& 2).)
While the element includes quantified objectives for new construction, it should also
consider quantified objectives for rehabilitation and preservation of existing affordable
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housing. For your information, the quantified objectives do not represent a ceiling, but
rather set a target goal for the City, based on needs, resources, and constraints.
E. Public Participation
Local governments shall make a diligent effort to achieve public participation oof all
segments of the community in the development of the Housing Element and the element
shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
While the City made efforts to include the public through workshops and surveys, moving
forward, the City should employ additional methods for public outreach efforts in the future,
particularly to include lower-income and special needs households and neighborhoods with
higher concentrations of lower-income households. In addition, several comments
questioned the lack of commitments around reducing parking minimums and ensuring the
feasibility of missing middle housing types. The City should consider these comments and
make adjustments as appropriate. The City should also analyze the feasibility of sites
identified by members of the public, including the site of a former Elephant Bar and Fry’s
Electronics and make adjustments as appropriate. The City could also, for example, target
higher densities around the Hamilton 880 corridor. To AFFH, the element could revise
Program H-3f and commit to development of a rent stabilization ordinance that limits annual
rent increases or develop a city-wide portal for affordable rentals available. Finally, to
address noted jobs-housing relationships, the City could also, for example, conduct
targeted stakeholder interviews or establish a committee representative of lower-income
households and commuters who work inside the City in future public outreach efforts. For
additional information, see the Building Blocks at http://www.hcd.ca.gov/community-
development/building-blocks/getting-started/public-participation.shtml.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
August 29, 2022
Kristie Wheeler, Assistant Director
Community Development Department
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Kristie Wheeler:
RE: City of Dublin’s 6th Cycle (2023-2031) Draft Housing Element
Thank you for submitting the City of Dublin’s (City) draft housing element received for
review on May 31, 2022, along with revisions received on July 25, 2022 and
August 15, 2022. Pursuant to Government Code section 65585, subdivision (b), the
California Department of Housing and Community Development (HCD) is reporting the
results of its review. Our review was facilitated by a conversation on July 7, 2022 with
Michael Cass, Principal Planner and consultants Bill Wiseman and Ines Galmiche. In
addition, HCD considered comments from Tom Evans, South Bay YIMBY, and
Building Industry Association of the Bay Area (BIA) pursuant to Government Code
section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing
Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of the
statutory deadline (January 31, 2023), then any rezoning to accommodate the regional
housing needs allocation (RHNA), including for lower-income households, shall be
completed no later than one year from the statutory deadline. Please be aware, if the
City fails to adopt a compliant housing element within one year from the statutory
deadline, the element cannot be found in substantial compliance until rezones to
accommodate a shortfall of sites are completed.
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
ATTACHMENT 2
Kristie Wheeler, Assistant Director
Page 2
available and considering and incorporating comments where appropriate. Please be
aware, any revisions to the element must be posted on the local government’s website
and to email a link to all individuals and organizations that have previously requested
notices relating to the local government’s housing element at least seven days before
submitting to HCD.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City will meet housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the hard work and dedication the housing element team provided
during the review. We are committed to assisting the City in addressing all statutory
requirements of State Housing Element Law. If you have any questions or need
additional technical assistance, please contact Jose Ayala, of our staff, at
Jose.Ayala@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
City of Dublin’s 6th Cycle Draft Housing Element Page 1
August 29, 2022
APPENDIX
CITY OF DUBLIN
The following changes are necessary to bring the City’s housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at
https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section
contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements
(Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the
Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Enforcement and Outreach: The element includes a general statement that the City
complies with State and local fair housing laws; however, it should provide discussion to
support this statement such as listing some state and federal housing laws and
describing how the City complies with these laws. For more information on fair housing
laws, please see HCD’s guidance (p. 28) at https://www.hcd.ca.gov/affirmatively-
furthering-fair-housing.
Integration and Segregation: While the element adds additional information and data, it
must analyze this data for trends over time, patterns across census tracts, and
coincidence with other components of the assessment of fair housing. Additionally, the
element must evaluate patterns on a regional basis, comparing the City within the Tri-
Valley subregion and Alameda County or bay area region as a whole. This analysis
should particularly emphasize disparities in income compared to the region and include
appropriate programmatic responses to encourage housing mobility and promote new
affordable housing opportunities, regardless of the regional housing need allocation
(RHNA).
Racially Concentrated Areas of Affluence (RCAA): While the element adds information
for HCD’s AFFH Data Viewer, the element must also include an analysis regarding the
presence of a RCAA in the jurisdiction. The analysis should evaluate the patterns and
changes over time at a local (e.g., neighborhood to neighborhood) and regional level
(e.g., City to Tri-Valley and City to County).
Disproportionate Housing Need: While the element adds data regarding homelessness
counts over the past five years, it should include meaningful analysis from this data,
including disproportionate impacts on protected characteristics (e.g., race, family,
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disability), patterns of need and access to opportunities, including services, and
transportation.
Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element includes
some discussion of the number of sites by concentrations of socio-economic
characteristics. However, this approach to whether identified sites affirmatively further
fair housing does not account for where the sites are located. The analysis should
address the number of units by all income groups, and location (e.g., neighborhood,
planning area, census tract), discuss any isolation of the RHNA by income group and
evaluate the magnitude of the impact on existing concentrations of socio-economic
characteristics by area. The analysis should be supported by local data and knowledge
and other relevant factors and address overlapping fair housing issues with other
components of the assessment of fair housing (e.g., segregation and integration,
concentrated areas of poverty, disparities in access to opportunity).
Local Data and Knowledge: The element includes some code enforcement data and
public outreach, but generally does not meet this requirement. The element must
incorporate public outreach into the evaluation of fair housing. For example, the element
includes public comment about how the City needs more affordable housing and then
another public comment to not build apartments. These comments could be
incorporated into the discussion of segregation and integration, explaining a high need
for housing choices but then opposition to address that could contribute to the
disparities of incomes when comparing the City to the broader region. Further, the City
could utilize other sources of local data and knowledge to supplement the data and
mapping including planning documents such as locally adopted ordinances, other
elements of the general plan, infrastructure assessments, and mobility assessments to
fully describe the impacts on fair housing patterns and trends.
Other Relevant Factors: While the element adds general information regarding redlining
and anti-displacement policies, the element should complement federal, state, and
regional data with other relevant factors. Other relevant factors include describing
historical zoning and land use practices, the presence of any CC&Rs (or lack thereof),
Camp Parks, and local, state, federal investments in Dublin, such as any community
improvement plans, Bay Area Rapid Transit (BART), and the expansion of Dublin east
of Dougherty Blvd to fully analyze factors related to fair housing issues in the City. This
analysis should discuss how other relevant factors affect the patterns and disparities in
access to opportunities in the City and region.
Contributing Factors: The element mentions fair housing issues and goals and priorities
from the analysis on fair housing. However, these issues and goals do not appear
adequate to facilitate the formulation of significant and meaningful action to AFFH. The
element should re-assess and prioritize contributing factors upon completion of analysis
and make revisions as appropriate.
Goals, Actions, Metrics, and Milestones: The element must be revised to add or modify
goals and actions based on the outcomes of a complete analysis. Goals and actions
must specifically respond to the analysis and to the identified and prioritized contributing
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factors to fair housing issues and must be significant and meaningful enough to
overcome identified patterns and trends. Actions must have specific commitments,
milestones, geographic targeting, and metrics and given that most of the City is
considered a higher-income community, the element should focus on programs that
enhance housing mobility and encourage the development of more affordable housing
choices in an inclusive manner.
2. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a designated income level, and
an analysis of the relationship of zoning and public facilities and services to these sites.
(Gov. Code, § 65583, subd. (a)(3).)
Realistic Capacity: The element does not meet this requirement. Currently, the element
(pp. D-9 and D-10) state the City calculated unit capacity on sites, there is no supportive
information to justify buildout assumptions. While the element provides assumptions of
buildout for sites included in the inventory, it must also describe the specific trends,
factors, and other evidence that led to the assumptions. For some sites, the City
appears to list the maximum density allowed in a zone multiplied by the size of the
parcel. The estimate of the number of units for each site must be adjusted as
necessary, based on the land use controls and site improvements, typical densities of
existing or approved residential developments at a similar affordability level in that
jurisdiction, and the current or planned availability and accessibility of sufficient water.
In addition, the element must account for the likelihood of 100 percent nonresidential
uses in zones that allow 100 percent nonresidential uses or are designed for
nonresidential uses. The analysis should discuss what zones allow 100 percent
nonresidential uses, the presence or absence of any performance standards requiring
residential uses, recent trends of all development in these zones, how often 100 percent
nonresidential uses occurs, and account for that likelihood in the calculation of
residential capacity.
Suitability of Nonvacant Sites: The element must include an analysis demonstrating the
potential for redevelopment of nonvacant sites. The analysis shall consider factors
including the extent to which existing uses may constitute an impediment to additional
residential development, the city’s or county’s past experience with converting existing
uses to higher density residential development, the current market demand for the
existing use, an analysis of any existing leases or other contracts that would perpetuate
the existing use or prevent redevelopment of the site for additional residential
development, development trends, market conditions, and regulatory or other incentives
or standards to encourage additional residential development on these sites. For
example, Sites 18-20 are identified with existing big box store and parking lot uses, but
no analysis was provided to demonstrate whether these existing uses would impede
residential development of these sites. Additionally, Sites 23 and 25 have existing
residential uses on the site. The description of existing uses should be sufficiently
detailed to facilitate an analysis demonstrating the potential for residential development
within the planning period. The element can summarize past experiences converting
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existing uses to higher density residential development, include current market demand
for the existing use, provide analysis of existing leases or contracts that would
perpetuate the existing use or prevent additional residential development and include
current information on development trends and market conditions in the City and relate
those trends to the sites identified. The element could also consider indicators such as
age and condition of the existing structure expressed developer interest, low
improvement to land value ratio, and other factors.
Accessory Dwelling Units (ADU): The element projects 248 ADUs over the planning
period which well exceeds recent production (15 units per year). While the element
includes Program B-7 (ADUs) with a few actions to promote ADUs, the element should
reduce the number of ADUs assumed per year (e.g., 20 units per year) and utilize more
recent information on permitted units to support realistic assumptions.
Large Sites: While the element states large sites will only use ten acres of buildable
acreage to accommodate lower-income RHNA, it must still provide analysis regarding
the development of housing for lower-income households on large sites where the
acreage exceeds ten acres. For example, the element should describe how
development will work on site, including opportunities and timing for specific-plan
development, further subdivision, parceling, site planning or other methods to facilitate
appropriately sized sizes and encourage the development of housing affordable to
lower-income households on the identified site within the planning period. Absent
sufficient evidence that sites of equivalent size with affordability were successfully
developed during the planning prior planning period or other evidence that
demonstrates the suitability of these sites, the large sites are deemed inadequate to
accommodate housing for lower-income households. Based on the outcomes of this
analysis, the element should add or modify programs.
Publicly-Owned Sites: Pursuant to Government Code section 65583, subdivision (c)(1),
rezones to accommodate a shortfall must occur within three years of adoption of the
housing element. While Program C.1 (Sites Inventory and RHNA Monitoring) states
rezoning strategies will occur within three years of the January 31, 2023 submittal
deadline, Program B.16 (Publicly-Owned Lands) states has a timeframe of three to five
years. Program B.16 should include a specific commitment to facilitate development on
these sites in the planning period. For example, instead of stating the City will
coordinate with the Alameda County Surplus Property Authority within three to five
years, the element should include the actual schedule and the actual actions with timing
necessary to allow development in the planning period, including any known
impediments to development (e.g., leasing, surplusing). In addition, Program C.1 or
B.16 should include actions to facilitate development such as zoning, outreach with
developers, incentives, fee waivers, priority processing, and financial assistance.
Therefore, the City must amend Program B.16 to address the timing inconsistency and
include the relevant development actions described herein, or identify additional sites to
ensure available sites for the planning period.
Environmental Constraints: While the element generally concludes that identified sites
are not environmentally constrained, it should also discuss whether there are any other
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known conditions precluding development on identified sites (e.g., irregular shapes,
leases, contamination, title conditions, lawsuits) and add or modify programs as
appropriate.
Electronic Sites Inventory: For your information, pursuant to Government Code section
65583.3, the City must submit an electronic sites inventory with its adopted housing
element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-
development/housing-element/index.shtml#element for a copy of the form and
instructions. The City can reach out to HCD at sitesinventory@hcd.ca.gov for technical
assistance.
Zoning for a Variety of Housing Types:
• Emergency Shelters: The element includes a discussion of capacity and a
program to modify parking requirements but it should also list all development
standards and evaluate compliance with state requirements, including any
constraints on the development of emergency shelters.
• Transitional and Supportive Housing: Transitional and supportive housing must
be permitted as a residential use in all zones allowing residential uses and only
subject to those restrictions that apply to other residential dwellings of the same
type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) The element must
demonstrate compliance with these requirements or add or revise programs that
comply with the statutory requirements.
3. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures... (Gov. Code, § 65583,
subd. (a)(5).)
Land Use Controls: While the element describes development standards and some land
use controls, it must also analyze those land use controls for impacts on housing supply
(number of units), costs, financial feasibility, timing, approval certainty and ability to
achieve maximum densities without exceptions (e.g., conditional use permits, variance,
planned development).
In addition, the element concludes parking requirements are not an impediment to
development; however, no analysis or supporting information was provided. The
element should address parking requirements for multifamily development, particularly
the covered or garaged parking requirement plus guest parking space for smaller
bedroom types for impacts on cost, supply, housing choice, and financial feasibility and
include programs to address identified constraints.
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Processing and Permit Procedures: While the element now describes that most
residential development requires a site development review and lists the approval body
and required findings, it must also analyze the impacts on housing supply, cost, timing
and approval certainty. For example, the element notes site development reviews are
subject to planning commission approval but should also discuss the typical number of
hearings and whether projects often are subject to subsequent submittal. Also, some
listed approval findings appear subjective and should be evaluated for impact approval
certainty, costs and timing.
In addition, the element generally describes a Planned Development (PD) Zoning
District Ordinance process but must analyze this process for impacts on supply, cost,
financial feasibility, timing and approval certainty. For example, the analysis should
clearly state whether the Planned Development process is mandatory or optional,
whether the burden of establishing zoning and development standards typically rests
with the City or developers, particularly on identified sites, impacts of the PD Zoning
Ordinance’s process to obtain a Stage 2 Development Plan, the potential for projects to
be subject to a referendum under the Ordinance, any additional legislative approvals
and any other requirements or mechanisms that may act as a constraint. For your
information, a zone that lacks fixed development standards is not zoning and is
considered a constraint on development and may not be utilized toward the RHNA
unless a program is added to establish zoning and development standards pursuant to
Government Code section 65583 (c)(1). In addition, the element must also describe the
Ordinance’s compliance with state housing laws, including, but not limited to, SB 330’s
five-hearing limit, time limits associated with the Permit Streamlining Act, and any
additional constraints that might only be resolved through litigation under the Housing
Accountability Act, creating an additional constraint on residential development. The
element must add or modify programs to address this constraint on development.
Inclusionary Housing: While the element describes the City’s inclusionary requirements,
it should also describe how the City’s inclusionary requirements work with other state
housing laws, such as State Density Bonus Law.
Constraints on Housing for Persons with Disabilities: The element must evaluate
constraints on housing for persons with disabilities, as follows:
• Reasonable Accommodation: The element indicates a reasonable
accommodation is subject to a zoning clearance and must meet various
development standards like design compatibility, setbacks and lot coverage. The
element further describes no requests have occurred in recent years and
applicants may utilize the planned development process – a highly complicated
and costly discretionary process that takes a year. First, the lack of requests is
not an indicator that the current process works and is more an indicator the
process acts as a constraint. Second, a reasonable accommodation is intended
as an exception process to zoning, development standards and any other land
use controls to provide access to housing for persons with disabilities. Contrarily,
the City requires requests for exceptions to meet development standards. This
City of Dublin’s 6th Cycle Draft Housing Element Page 7
August 29, 2022
process is a clear constraint on housing for persons with disabilities and the
element must add or modify programs to establish an appropriate process.
• Definition of Family: The element defines a family as “one or more persons
occupying a dwelling and living as a single, nonprofit housekeeping unit,
including any servants”. The element distinguished this definition from a group
occupying a boarding house, community care facility, supportive or transitional
housing when configured as group housing, hotel or motel, club, fraternity, or
sorority house. These housing types should not be excluded from residential
zones, most notably low-density zones, which can constrain the availability of
housing choices for persons with disabilities. The element should analyze the
definition of family and exclusion of several housing types as a potential
constraint for persons with disabilities and add or modify programs as
appropriate.
4. An analysis of potential and actual nongovernmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including… …the length
of time between receiving approval for a housing development and submittal of an
application for building permits for that housing development that hinder the
construction of a locality’s share of the regional housing need in accordance with
Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)
Approval Times: The element mentions requirements to analyze the length of time
between application approval and building permits and then concludes projects are
constructed in a reasonable time. However, to better inform the analysis and policies
and programs, the element must identify the actual length of time between receiving
approval for housing development and submittal of application for building permits and
discuss any hindrances on construction.
B. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period,
each with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the Housing Element... (Gov. Code,
§ 65583, subd. (c).)
To have a beneficial impact in the planning period and address the goals of the housing
element, programs must be revised with discrete timelines (e.g., month and year),
including for Program A.4 (Condominium Conversion Ordinance), Program A.5
(Preserve and Monitor Affordable Units At-Risk of Converting to Market Rate), Program
B.4 (Inclusionary Zoning), Program B.5 (Commercial Linkage Fee), Program B.7
(Accessory Dwelling Units and Junior Accessory Dwelling Units), Program B.9 (Non-
Vacant Adequate Sites to Satisfy By-Right Requirements of AB 1397), Program B.11
(Transitional and Supportive Housing), Program B.12 (Single-Room Occupancy),
Program B.15 (Replacement Housing), Program B.16 (Publicly-Owned Lands), Program
City of Dublin’s 6th Cycle Draft Housing Element Page 8
August 29, 2022
B.17 (Community Care Facilities), Program C.2 (Safety Element and Environmental
Justice Policies), Program D.3 (Emergency Shelters), Program D.4 (Monitoring of
Development Fees), Program E.1 (Affirmatively Further Fair Housing), Program E.2
(Equal Housing Opportunity), Program E.4 (Low-Barrier Navigation Centers), Program
E.5 (Housing for Persons with Developmental Disabilities), Program E.6 (Farmworker
and Employee Housing), and Program E.7 (First-Time Homebuyer Loan Program).
Additionally, all programs should be evaluated to ensure meaningful and specific
actions, objectives, and commitments. Programs containing unclear language (e.g.,
“consider”; etc.) should be amended to include specific and measurable actions. These
programs include Program B.12 (Single-Room Occupancy).
In addition, many program actions involve a review of existing standards, procedures,
and practices, and additional actions “as necessary” or “if needed”. However, the
programs should list the specific trigger for additional action, such as the amount of
code enforcement cases in Program A.3 (Code Enforcement) or the pace of
condominium conversions for Program A.4 (Condominium Conversion Ordinance). The
element should review all programs with such language, and describe what action, or
lack thereof, would trigger additional program changes.
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need
for each income level that could not be accommodated on sites identified in the
inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and
to comply with the requirements of Government Code section 65584.09... (Gov. Code,
§ 65583, subd. (c)(1).)
As noted in Finding A2, the element does not include a complete site analysis,
therefore, the adequacy of sites and zoning were not established. Based on the results
of a complete sites inventory and analysis, the City must add or revise programs to
address a shortfall of sites or zoning available to encourage a variety of housing types.
In addition, the element must be revised as follows:
Adequate Sites: The element describes a shortfall of sites (p. D-15) and indicates
rezoning will occur to accommodate the RHNA. While the element includes Program
C.1 (Sites Inventory and RHNA Monitoring), it must specifically commit to acreage,
allowable densities and anticipated units. In addition, if necessary, to accommodate the
housing needs of lower-income households, programs should specifically commit to
rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i).
Publicly-Owned Sites: As previously described, Program B.16 must be revised to
ensure sites on publicly-owned land are made available within three years of the
beginning of the planning period. This program should commit to a schedule of actions
for development, such as coordinating with developers, making zoning available,
issuing requests for proposals, facilitating subsequent entitlement and issue permits.
City of Dublin’s 6th Cycle Draft Housing Element Page 9
August 29, 2022
The program should also include a numeric objective consistent with the assumptions in
the sites inventory.
Large Sites: The element must add a program to facilitate the development of lower-
income housing on sites with an acreage of more than ten acres. This program should
include a schedule of actions to facilitate parceling and zoning consistent with site
inventory assumptions on appropriately sized sites (e.g., 1 to 10 acres).
3. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with
disabilities. The program shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for occupancy by, or with
supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings A3 and A4, the element requires a complete analysis of potential
governmental and nongovernmental constraints. Depending upon the results of that
analysis, the City may need to revise or add programs and address and remove or
mitigate any identified constraints.
In addition, Program B.17 (Community Care Facilities) should commit to amend zoning
to allow these uses in all zones allowing residential uses.
4. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion,
sex, marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding A1, the element must include a complete assessment of fair
housing. Based on the outcomes of that analysis, the element must add or modify
programs.
5. The housing program shall preserve for low-income household the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a). The program for
preservation of the assisted housing developments shall utilize, to the extent necessary,
all available federal, state, and local financing and subsidy programs identified in
paragraph (9) of subdivision (a), except where a community has other urgent needs for
which alternative funding sources are not available. The program may include strategies
that involve local regulation and technical assistance. (Gov. Code, § 65583, subd.
(c)(6).)
Program A.5 (Preserve and Monitor Affordable Units At-Risk of Converting to Market
Rate) should be revised to commit to proactively seeking funding for units at-risk of
converting to market rate uses.
City of Dublin’s 6th Cycle Draft Housing Element Page 10
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C. Public Participation
Local governments shall make a diligent effort to achieve public participation of all
economic segments of the community in the development of the Housing Element, and the
element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
While the element describes the public input received through the community outreach
process, it generally describes why changes are not needed instead of responding with
revisions. The City should re-consider public comments and make changes to the element.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 21, 2022
Deanna Chow, Assistant Director
Community Development Department
City of Menlo Park
701 Laurel Street
Menlo Park, CA 94025
Dear Deanna Chow:
RE: City of Menlo Park’s 6th Cycle (2023-2031) Draft Housing Element
Thank you for submitting the City of Menlo Park’s (City) draft housing element received
for review on July 25, 2022. Pursuant to Government Code section 65585, subdivision
(b), the California Department of Housing and Community Development (HCD) is
reporting the results of its review. Our review was facilitated by a conversation on
September 30, 2022 with yourself, Calvin Chan, Chris Turner, Tom Smith and
consultants Sung Kwon, Geoff Bradley, and Asher Kohn. In addition, HCD considered
comments from Housing Leadership Council of San Mateo County, Campaign for Fair
Housing Elements and YIMBY Law, Misha Silin, Sheppard Mullin, YIMBY Law and
Greenbelt Alliance, Kevin Burke, and Menlo Together pursuant to Government Code
section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing
Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of the
statutory deadline (January 31, 2023), then any rezoning to make sites identified in prior
planning period(s) or accommodate the regional housing needs allocation, including for
lower-income households, shall be completed no later than one year from the statutory
deadline. Otherwise, the local government’s housing element will no longer comply with
State Housing Element Law, and HCD may revoke its finding of substantial compliance
pursuant to Government Code section 65585, subdivision (i). Please be aware, if the
City fails to adopt a compliant housing element within one year from the statutory
deadline, the element cannot be found in substantial compliance until rezones to
accommodate a shortfall of sites pursuant to Government Code section 65583,
subdivision (c)(1) (A) and Government Code section 65583.2, subdivision (c) are
completed.
ATTACHMENT 3
Deanna Chow, Assistant Director
Page 2
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available and considering and incorporating comments where appropriate. Please be
aware, any revisions to the element must be posted on the local government’s website
and to email a link to all individuals and organizations that have previously requested
notices relating to the local government’s housing element at least seven days before
submitting to HCD.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City will meet housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the dedication of the housing element team during the review. We are
committed to assist the City in addressing all statutory requirements of State Housing
Element Law. If you have any questions or need additional technical assistance, please
contact Hillary Prasad, of our staff, at Hillary.Prasad@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
City of Menlo Park’s 6th Cycle (2023-2031) Draft Housing Element Page 1
October 21, 2022
APPENDIX
CITY OF MELNO PARK
The following changes are necessary to bring the City’s housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at
https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section
contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements
(Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the
Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Integration and Segregation: The element reports and maps data on components of the
assessment of fair housing but should evaluate patterns and trends. The element should
describe what contributes to the concentration of Hispanic residents within the City, as well
as what contributes to the identified segregation in the Belle Haven neighborhood. In
addition, the element should describe what contributes to the concentration of female
headed households north of Highway 101. The element should also describe the
concentration of low-income residents east of Highway 101 as well as describe and
analyze the City’s high median income in relation to the immediate surrounding region
(i.e., East Palo Alto, Palo Alto, Redwood City).
Racial/Ethnic Areas of Concentration of Affluence (RCAA): The element currently states
that there are no RCAAs within the City. However, HCD’s fair housing data viewer
indicates that the City and much of the surrounding region is considered a RCAA. The
analysis should include updated data regarding the City’s RCAA designations and as
noted above this should be analyzed relative to the broader region, County, and
neighboring communities including the City’s eastern neighbors. For more information,
please visit: https://affh-data-resources-cahcd.hub.arcgis.com.
Disparities in Access to Opportunity: While the element included some data, additional
information is required. The element should analyze the identified disparities in access to
opportunity locally as well as include a regional analysis (City compared to the broader
region). In addition, the element should describe whether there is access to jobs for
protected classes and analyze the relationship between the least positive economic
outcomes located in the same areas with the highest proximity to jobs. The element
should also describe availability and access to transit geographically within the City and
whether protected classes have access to transit. Lastly, the element must describe what
contributes to the low environmental scores other than location of the highway.
City of Menlo Park’s 6th Cycle (2023-2031) Draft Housing Element Page 2
October 21, 2022
Disproportionate Housing Needs including Displacement: While the element reports some
data on disproportionate needs, it should analyze what contributes to the concentration of
cost burdened renters and owners. In addition, the element should analyze the identified
concentration of substandard housing and provide a regional analysis. The element should
also describe and analyze disproportionate housing needs for persons experiencing
homelessness, including impacts on protected characteristics and patterns or areas of
higher need relative to access to transportation and services. Lastly, the element must
also describe and analyze areas sensitive to displacement, including displacement risk
due to disaster (e.g., earthquake, fire, and flood).
Affirmatively Furthering Fair Housing (AFFH) and Identified Sites: While the element
includes a general summary of fair housing related to the sites inventory, it must analyze
how the identified sites contribute to or mitigate fair housing issues. The element must
identify and analyze sites throughout the community to foster inclusive communities and
affirmatively further fair housing. An analysis should address all of the income categories
of identified sites with respect to location, the number of units by all income groups and
how that affects the existing patterns for all components of the assessment of fair housing
(e.g., segregation and integration, access to opportunity). If sites exacerbate conditions,
the element should identify further program actions that will be taken to promote equitable
quality of life throughout the community (e.g., anti-displacement and place-based
community revitalization strategies).
Goals, Actions, Metrics, and Milestones: The element must be revised to add or modify
goals and actions based on the outcomes of a complete analysis. Goals and actions must
specifically respond to the analysis and to the identified and prioritized contributing factors
to fair housing issues and must be significant and meaningful enough to overcome
identified patterns and trends. Actions must have specific commitment, milestones,
geographic targeting and metrics or numerical targets and, as appropriate, address
housing mobility enhancement, new housing choices and affordability in higher opportunity
or higher income areas, place-based strategies for community preservation and
revitalization and displacement protection.
2. Include an analysis of population and employment trends and documentation of
projections and a quantification of the locality's existing and projected needs for all income
levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Extremely Low Income (ELI): While the element includes the total number of ELI
households in the City, it must include this data by tenure (i.e., renter and owner) and
analyze their housing needs.
3. Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding, and
housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Overpayment: The element must quantify and analyze the number of lower-income
households overpaying by tenure (i.e., renter and owner).
City of Menlo Park’s 6th Cycle (2023-2031) Draft Housing Element Page 3
October 21, 2022
Overcrowding: The element must quantify the total number of overcrowded households
within the City and analyze their housing needs.
Housing Costs: While the element includes estimated rents for residents, it utilizes
American Community Survey (ACS) data. The element should supplement census data
with other sources (e.g., local knowledge) to reflect more current market conditions.
4. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a designated income level, and an
analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
Progress in Meeting the Regional Housing Need Allocation (RHNA): As you know, the
City’s RHNA may be reduced by the number of new units built since June 30, 2022,
however, the element must demonstrate the affordability and availability of units in the
planning period. The availability or likelihood the units will be built in the planning period
should account for any barriers to development, phasing, anticipated build out horizons,
market conditions and other relevant factors. This analysis should specifically address
proposed projects, particularly the 1,729 units in Willow Village, rescale assumptions if
appropriate and, given the magnitude of the project relative to the RHNA, should include a
program to monitor progress and make adjustments as appropriate.
Realistic Capacity: The element must include a methodology for calculating the realistic
residential capacity on identified sites. The methodology must account for land use
controls land use controls and site improvements, typical densities of existing or approved
residential developments at a similar affordability level in that jurisdiction, and on the
current or planned availability and accessibility of sufficient water, sewer, and dry utilities.
The element includes a methodology that essentially starts with developable area then
multiplies that area by maximum densities then a series of adjustments. This method can
be generally consistent with statute. However, in many cases the adjustments are 100
percent or more, do not appear to discount from the maximum allowable density and
conflate non-residential likelihood and nonvacant development potential in a manner that
the reasoning for the assumption is indiscernible. To address this requirement, the
element could utilize a minimum density and HCD shall accept that methodology without
any analysis or demonstration or the element could utilize a conservative methodology
that will also assist in maintaining sites throughout the planning period pursuant to
Government Code section 65863. Otherwise, the element must provide adequate
supporting information for the various adjustment factors, rescale assumptions as
appropriate and should separate the non-residential and nonvacant adjustment factor.
Adequate supporting information would include a listing of all recent developments in the
City by acreage, zone, allowable density, built density and affordability and then relate that
information to the assumptions utilized in the inventory. For example, if the characteristics
of past development are not similar to identified sites then the assumptions should not be
utilized. With respect to the non-residential adjustment factor, the element should list or
evaluate all development (residential and non-residential) to determine the likelihood for
100 percent nonresidential development than account for that trend in the adjustment
City of Menlo Park’s 6th Cycle (2023-2031) Draft Housing Element Page 4
October 21, 2022
factor. For example, the element could list and evaluate all recent development in the City
by acreage, zone, allowable density, allowable uses, built uses, built densities and
affordability.
Small and Large Sites: Sites smaller than a half acre and larger than ten acres in size are
deemed inadequate to accommodate housing for lower-income housing unless it is
demonstrated that sites of equivalent size and affordability were successfully developed
during the prior planning period or unless the housing element describes other evidence to
HCD that the site is adequate to accommodate lower-income housing (Gov. Code, §
65583.2, subd. (c)(2)(A).). The element lists small and large sites but also evaluate
whether those sites are suitable to accommodate housing for lower income households
and add or modify programs as appropriate. For example, the element could list past
consolidations by the number of parcels, number of owners, zone, number of units,
affordability and circumstances leading to consolidation and then relate those trends to the
identified sites or could explain the potential for consolidation on a site-by-site basis.
Suitability of Nonvacant Sites: The element must include an analysis demonstrating the
potential for redevelopment of nonvacant sites. While the element includes a detailed
description of existing uses, it must also demonstrate the potential for additional
development in the planning period. In addition, the element must analyze the extent that
existing uses may impede additional residential development. For example, the element
includes sites identified as religious institutions, a post office, parking lots, a supermarket,
and office buildings. The element should describe how residential development is likely to
occur on sites including an office building built in 2013, as well as a supermarket, and an
operating post office. The element can summarize past experiences converting similar
existing uses to higher density residential development, include current market demand for
the existing use, provide analysis of existing leases or contracts that would perpetuate the
existing use or prevent additional residential development and include current information
on development trends and market conditions in the City and relate those trends to the
sites identified. In addition, the element should tie the feasibility of parking lot
developments mentioned in nearby cities to the sites listed in the inventory. The element
should also provide additional support for development on church sites including a history
of development with few units affordable to lower income, especially on the sites where
there is not church interest.
In addition, as noted in the housing element, the housing element relies upon nonvacant
sites to accommodate more than 50 percent of the RHNA for lower-income households.
For your information, the housing element must demonstrate existing uses are not an
impediment to additional residential development and will likely discontinue in the planning
period (Gov. Code, § 65583.2, subd. (g)(2).). Absent findings (e.g., adoption resolution)
based on substantial evidence, the existing uses will be presumed to impede additional
residential development and will not be utilized toward demonstrating adequate sites to
accommodate the regional housing need allocation.
City-Owned Sites: The element must include additional discussion on each of the City-
owned sites identified to accommodate the RHNA. Specifically, the analysis should
address general plan designations, allowable densities, support for residential capacity
City of Menlo Park’s 6th Cycle (2023-2031) Draft Housing Element Page 5
October 21, 2022
assumptions, existing uses and any known conditions that preclude development in the
planning period and the potential schedule for development. If zoning does not currently
allow residential uses at appropriate densities, then the element must include programs to
rezone sites pursuant to Government Code section 65583.2, subdivisions (h) and (i). In
addition, the housing element must include a description of whether there are any plans to
sell the property during the planning period and how the jurisdiction will comply with the
Surplus Land Act Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of
Division 2 of Title 5.
Federally-Owned Sites and School Sites: The element identifies two federally-owned sites,
the USGS and Veterans Affairs hospital site in addition to the Ravenswood School District
site. The element should provide additional discussion on each of the sites and address
general plan designations, allowable densities, support for residential capacity
assumptions, existing uses, whether lot splits are needed, and any known conditions that
preclude development in the planning period and the potential schedule for development.
If zoning does not currently allow residential uses at appropriate densities, then the
element must include programs to rezone sites pursuant to Government Code section
65583.2, subdivisions (h) and (i). The element must provide additional support and
describe whether the City has contacted the owners regarding feasibility of development
on these sites and whether they will be available during the planning period.
Replacement Housing Requirements: The element identifies sites with existing residential
uses. Absent a replacement housing policy, these sites are not adequate sites to
accommodate lower-income households. The replacement housing policy has the same
requirements as set forth in Government Code section 65915, subdivision (c), paragraph
(3).
Availability of Infrastructure: The element must demonstrate sufficient existing or planned
water, sewer, and other dry utilities supply capacity, including the availability and access to
distribution facilities, to accommodate the RHNA.
Environmental Constraints: While the element generally describes a few environmental
conditions within the City, it must describe any other known environmental constraints or
conditions within the City that could impact housing development in the planning period.
Zoning for a Variety of Housing Types:
• Emergency Shelters: The element should describe the permit processing,
development, and management standards of the Homeless Overlay that allows
emergency shelters by-right and should provide an analysis of proximity to
transportation and services for these sites, hazardous conditions, and any
conditions in appropriate for human habitability. In particular, the element describes
a limit of 16 beds per facility, which is a constraint. In addition, the element should
describe the capacity of sites included in the overlay to accommodate the City’s
need. Lastly, the element should describe how emergency shelter parking
requirements comply with AB139/Government Code section 65583, subdivision
(a)(4)(A) or include a program to comply with this requirement.
City of Menlo Park’s 6th Cycle (2023-2031) Draft Housing Element Page 6
October 21, 2022
• Transitional and Supportive Housing: Transitional housing and supportive housing
must be permitted as a residential use in all zones allowing residential uses and
only subject to those restrictions that apply to other residential dwellings of the
same type in the same zone. (Gov. Code, § 65583, subd. (c)(3).) The element must
demonstrate compliance with these requirements and include programs as
appropriate.
• By-Right Permanent Supportive Housing: Supportive housing shall be a use by-
right in zones where multifamily and mixed uses are permitted, including
nonresidential zones permitting multifamily uses pursuant to Government Code
section 65651. The element must demonstrate compliance with these requirements
and include programs as appropriate.
• Housing for Employees: The Employee Housing Act permits housing under specific
provisions. Section 17021.5 requires employee housing for six or fewer employees
to be treated as a single-family structure and permitted in the same manner as
other dwellings of the same type in the same zone. Section 17021.6 requires
employee housing consisting of no more than 12 units or 36 beds to be permitted in
the same manner as other agricultural uses in the same zone. The element must
demonstrate compliance with these requirements and include programs as
appropriate.
• Accessory Dwelling Unit (ADU): The element indicates the City modifies its zoning
code to ease barriers to the development of ADU’s. However, after a cursory review
of the City’s ordinance, HCD discovered several areas which are not consistent with
State ADU Law. HCD will provide a complete listing of ADU non-compliance issues
under a separate cover. As a result, the element should modify Program H4-F to
update the City’s ADU ordinance to comply with state law. For more information,
please consult HCD’s ADU Guidebook, published in December 2020, which
provides detailed information on new state requirements surrounding ADU
development.
5. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures... (Gov. Code, § 65583, subd.
(a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls
impacts as potential constraints on a variety of housing types. The analysis should analyze
land use controls independently and cumulatively with other land use controls. The
analysis should specifically address requirements related to parking, heights, lot coverage
and limits on allowable densities. The analysis should address any impacts on cost,
supply, housing choice, affordability, timing, approval certainty and ability to achieve
maximum densities and include programs to address identified constraints. For example,
the element should analyze the conditional use permit (CUP) requirement for multifamily
development in the R4 zone where densities are allowed at 40 dwelling units per acre. In
addition, the element should describe whether three stories are allowed without a use
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permit in the R-3, R3A, R3-C, C-2B, and R-MU zones where height limits are 35 feet or
less. The element should also analyze the land use controls including landscaping,
parking, and floor area ration (FAR) requirements in the R-3 zone and whether they allow
maximum build out at allowed densities. The element should also describe and analyze
densities and development standards that are allowed in the Affordable Housing Overlay.
In addition, the element must describe and analyze the X Conditional Development District
(p. 5-14) and any related land use controls. Lastly, the element should add programs as
appropriate to address any identified constraints.
Voter Initiative: HCD was made aware of a proposed ballot measure in the City seeking to
put any single-family rezoning to a vote, seemingly blocking affordable housing. The City
must monitor and analyze the proposed ballot measure. If it passes, the element must add
a program to include outreach and mitigation measures for the impact of the ballot
measure on housing development throughout the planning period. The element should
analyze the measure as a constraint on development based on site suitability for
development and add or modify programs to address the constraint.
Parking: The element must analyze the parking requirements (p. 5-16) of more than one
space per studio and one-bedroom unit and more than two spaces for two or more
bedroom units. In addition, the element must describe what determines the parking
requirements for C-2B and R-MU zones and analyze potential constraints. Should the
analysis determine the parking standards or permit procedures are a constraint on
residential development, it must include a program to address or remove any identified
constraints.
Density Bonus: The City’s current density bonus ordinance should be reviewed for
compliance with current state density bonus law and programs should be added as
necessary. (Gov. Code, § 65915.). In addition, the City’s Affordable Housing Overlay
states that the overlay will be an alternative to state density bonus law. This is in conflict
with state law and must be revised.
Fees and Exaction: The element must describe all required fees for single family and
multifamily housing development, including impact fees, and analyze their impact as
potential constraints on housing supply and affordability. While the element lists some
standard fees in Table 5-4, it must list typical fees including, but not limited to, CUPs, zone
changes, general plan amendments, variances, site plans, specific plans, affordable
housing in lieu fee, lot line adjustment, and other environmental fees. In addition, the
element should describe and analyze fees as a proportion to the development costs for
both single family and multifamily housing. Based on the outcomes of the analysis, the
element should include programs to address identified constraints.
Local Processing and Permit Procedures: While the element describes the use permit
procedure for single family housing, it must describe and analyze the City’s permit
processing and approval procedures by zone and housing type (e.g., multifamily rental
housing, mobilehomes, housing for agricultural employees, supportive housing). The
analysis must evaluate the processing and permit procedures’ impacts as potential
constraints on housing supply and affordability. For example, the analysis should consider
City of Menlo Park’s 6th Cycle (2023-2031) Draft Housing Element Page 8
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processing and approval procedures and time for typical single- and multi-family
developments, including type of permit, level of review, approval findings and any
discretionary approval procedures. The element should also describe and analyze the
process and approval for a CUP and architectural control review. Lastly, the element
should analyze the total processing time for both single family and multifamily
developments and add a program as needed.
Design Review: The element must describe and analyze the design review guidelines and
process, including approval procedures and decision-making criteria, for their impact as
potential constraints on housing supply and affordability. For example, the analysis could
describe required findings and discuss whether objective standards and guidelines
improve development certainty and mitigate cost impacts. The element must demonstrate
this process is not a constraint or it must include a program to address this permitting
requirement, as appropriate.
Streamlining Provisions: The element must clarify whether the City has procedures in
place consistent with streamlining procedures pursuant to Government Code section
65913.4 and include programs as appropriate.
Codes and Enforcement: The element must describe the City’s building and zoning code
enforcement processes and procedures, including any local amendments to the building
code, and analyze their impact as potential constraints on housing supply and affordability.
Constraints on Housing for Persons with Disabilities: The element must include an
analysis of zoning, development standards, building codes, and process and permit
procedures as potential constraints on housing for persons with disabilities. For example,
the analysis must describe any zoning code definitions of family and any spacing or
concentration requirements for housing for persons with disabilities. While the element
describes the City’s definition of family, it should analyze the requirement of “a common
housekeeping management plan based on an internally structured relationship providing
organization and stability”, whether this is a potential constraint on housing for persons
with disabilities and add or modify programs as appropriate. In addition, the element must
describe the findings and approval procedure for the City’s Reasonable Accommodation
procedure. Lastly, the element must describe and analyze how group homes for six or
fewer and seven or more are allowed within the City and add programs as appropriate. For
your information, zoning should simply implement a barrier-free definition of family instead
of subjecting, potentially persons with disabilities, to special regulations such as the
number of persons, population types and licenses. These housing types should not be
excluded from residential zones, most notably low-density zones, which can constrain the
availability of housing choices for persons with disabilities. Requiring these housing types
to obtain a special use or CUP could potentially subject housing for persons with
disabilities to higher discretionary exceptions processes and standards where an applicant
must, for example, demonstrate compatibility with the neighborhood, unlike other
residential uses.
Zoning Fees and Transparency: The element must clarify its compliance with new
transparency requirements for posting all zoning and development standards, inclusionary
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requirements, and fees for each parcel on the jurisdiction’s website pursuant to
Government Code section 65940.1(a)(1).
6. An analysis of potential and actual nongovernmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including… …requests to
develop housing at densities below those anticipated in the analysis required by
subdivision (c) of Government Code section 65583.2, and the length of time between
receiving approval for a housing development and submittal of an application for building
permits for that housing development that hinder the construction of a locality’s share of
the regional housing need in accordance with Government Code section 65584... (Gov.
Code, § 65583, subd. (a)(6).)
Developed Densities and Permit Times: The element must be revised to include analysis
of requests to develop housing at densities below those anticipated, and the length of time
between receiving approval for a housing development and submittal of an application for
building permits that potentially hinder the construction of a locality’s share of the regional
housing need.
7. Analyze existing assisted housing developments that are eligible to change to non-low-
income housing uses during the next 10 years due to termination of subsidy contracts,
mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9)
through 65583(a)(9)(D).).
While the element includes Table 3-9 listing at-risk properties within the next 10 years, it
must provide additional information on the expiration date on projects listed “n/a” and
“beyond 2025” to help determine whether these properties are eligible to change to non-
low-income housing uses during the next ten years. In addition, the element must identify
public and private nonprofit corporations known to the City to have the legal and
managerial capacity to acquire and manage at-risk units, as well as identify federal, state
and local financing and subsidy programs.
B. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each
with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement the
policies and achieve the goals and objectives of the Housing Element... (Gov. Code, §
65583, subd. (c).)
To address the program requirements of Gov. Code section 65583, subd. (c)(1-6), and to
facilitate implementation, programs should include: (1) a description of the City’s specific
role in implementation; (2) definitive implementation timelines; (3) objectives, quantified
where appropriate; and (4) identification of responsible agencies and officials. Programs to
be revised include the following:
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• Program H2.C (Assist in Implementing Housing Rehabilitation Programs): The
program should include proactive outreach as well as specify how often sponsors
and the City will apply for funding.
• Program H2.D (Accessory Dwelling Unit Amnesty Program): The program should
include proactive outreach to owners.
• Program H2.E (Anti-Displacement Strategy): The program should include outreach
to owners and organizations in the identified neighborhoods. It should also define
which neighborhoods will be the focus. Lastly, the program should include timing for
implementing the actions that result from the new programs identified.
• Program H3.E (Continue Support for Countywide Homeless Programs): The
program should describe what the City is doing to implement the results of the
check-in meetings. The program should also include timing of implementing the
resulting actions.
• Program H3.F (Work with the U.S. Department of Veterans Affairs on Homeless
Issues): This program should include specific timing to implement the potential
programs identified.
• Program H3.H (Inclusionary Accessible Units): This program should describe what
the City will do to encourage the units and whether incentives will be provided.
• Program H3.L (Large Units): This program should include proactive outreach to
developers.
• Program H5.B (Undertake Community Outreach When Implementing Housing
Element Programs): This program should clarify how often outreach will occur
throughout the planning period.
• Program H5.D (Address Rent Conflicts): This program should describe whether the
progress is in place or include timing for implementation. The program should also
include proactive outreach.
• Program H5.F (First-Time Homebuyer Program): This program should be revised to
include proactive outreach. In addition, the program should include specific
implementation timing.
• Program H7.A (Create Residential Design Standards): This program includes timing
to start implementation two years after adoption but should also specify when the
actions will be completed.
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need for
each income level that could not be accommodated on sites identified in the inventory
completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply
with the requirements of Government Code section 65584.09. Sites shall be identified as
needed to facilitate and encourage the development of a variety of types of housing for all
income levels, including multifamily rental housing, factory-built housing, mobilehomes,
housing for agricultural employees, supportive housing, single-room occupancy units,
emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A4, the element does not include a complete site analysis; therefore,
the adequacy of sites and zoning were not established. Based on the results of a complete
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sites inventory and analysis, the City may need to add or revise programs to address a
shortfall of sites or zoning available to encourage a variety of housing types. In addition,
the element should be revised as follows:
Shortfall of Adequate Sites: if the element does not identify adequate sites to
accommodate the regional housing need for lower-income households, it must include a
program(s) to identify sites with appropriate zoning to accommodate the regional housing
need within the planning period. The program should identify the shortfall by income
group, acreage, allowable densities, appropriate development standards and meet all by
right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i),
including but not limited to permitting multifamily uses by-right for developments in which
20 percent or more of the units are affordable to lower income households. The element
must clarify whether programs 4H.I (Create New Opportunities for Mixed-Use
Development), 4H.J (Increase Residential Density), 4.HK (Maximize Development
Proposals), and 4H.L (Modify El Camino Real/Downtown Specific Plan) are needed to
meet the City’s RHNA, and if so, address the requirements above. In addition, program
4H.L should include specific commitment to the action, beyond considering
implementation.
Program H4.G (Consider City-Owned Land for Housing): This program should commit to
comply with surplus lands requirements for City owned sites. In addition, the program
should describe when the sites will be offered, when an RFP will be issued during the
planning period and include a numerical objective consistent with assumptions in the sites
inventory.
3. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for
housing designed for, intended for occupancy by, or with supportive services for, persons
with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings A5 and A6, the element requires a complete analysis of potential
governmental and non-governmental constraints. Depending upon the results of that
analysis, the City may need to revise or add programs and address and remove or
mitigate any identified constraints. In addition, the element should be revised as follows:
Program H4.E (Ministerial Review of 100 Percent Affordable Housing): This program
should clarify whether creating objective design standards are included within this
program. Proactive outreach should also be included throughout the planning period.
Program H4.M (Update Parking Requirements and Design Standards): The program
should clarify what parking requirements will be revised and ensure updates will result in
addressing constraints on development.
4. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion, sex,
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marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. The
element must be revised to add goals and actions based on the outcomes of a complete
analysis. Goals and actions must specifically respond to the analysis and to the identified
and prioritized contributing factors to fair housing issues and must be significant and
meaningful enough to overcome identified patterns and trends. Actions must have specific
commitment, metrics, and milestones as appropriate and must address housing mobility
enhancement, new housing choices and affordability in high opportunity areas, place-
based strategies for community preservation and revitalization and displacement
protection.
In addition, Program H5.C (Provide Multilingual Information on Housing Programs) should
clarify whether the multilingual information is currently available or whether they will need
to be translated. If translation needs to occur, the program should include timing related to
the action.
5. The housing program shall preserve for low-income household the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a)... (Gov. Code, §
65583, subd. (c)(6).)
Program H2.A (Adopt Ordinance for “At-Risk” Units): While this program commits to
actions for at-risk properties, it should also include a commitment to reach out to owners to
ensure compliance with state preservation notice law (Gov. Code Sections 65863.10,
65863.11, and 65863.13).
C. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated,
and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by
income category that can be constructed, rehabilitated, and conserved over the planning
period. While the element includes these objectives by income group for very low-, low-,
moderate- and above-moderate income, the element must also include objectives for
extremely low-income households. In addition, while the element includes these objectives for
construction, it must also include estimates for rehabilitation and conservation/preservation.
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D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic
segments of the community in the development of the Housing Element, and the element
shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
While the element includes a summary of public participation including outreach to the
community, it must also describe how comments from public participation were considered
and incorporated into the element.
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 29, 2021
Aarti Shrivastava, Director
Community Development Department
City of Mountain View
500 Castro Street, PO Box 7540
Mountain View, CA 94039
Dear Aarti Shrivastava:
RE: City of Mountain View’s 6th Cycle (2023-2031) Draft Housing Element
Thank you for submitting the City of Mountain View’s (City) draft housing element
received for review on July 1, 2022. Pursuant to Government Code section 65585,
subdivision (b), the California Department of Housing and Community Development
(HCD) is reporting the results of its review. Our review was facilitated by a conversation
on September 13, 2022 with yourself, Ellen Yau, Senior Planner, Erica Anderson,
Advanced Planning Manager, Wayne Chen, Assistant Community Development
Director, Micaela Hellman-Tincher, Housing Neighborhood Services Manager, Beverly
Choi, Community Planning Program Manager, Grace Nelson, Environmental Intern, and
BAE Consultant Stephanie Hagar. In addition, HCD considered comments from Liwen
Chen, League of Women Voters Los Altos-Mountain View area, Mountain View YIMBY,
Deniece Smith, the Mountain View Chamber of Commerce & Foundation, SV@Home,
James Kuszmaul, Greenbelt Alliance, Salim Damerdji, TransForm, and Kevin Ma
pursuant to Government Code section 65585, subdivision (c). HCD also received
comments from Mountain View Mobile Home Alliance, Susan Morales, and Anna Marie
Morales on September 28, 2022. However, HCD was unable to fully examine the
information and consider the comments as part of this review. Consequently, HCD will
retain the comments for full consideration in the next review of the housing element
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). In
particular, the element must clarify its use and definition of “pending projects” in the
sites inventory, and provide further analysis to demonstrate its local density bonus
requirements are not in violation of State Law. The enclosed Appendix describes these
and other revisions needed to comply with State Housing Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of the
ATTACHMENT 4
Aarti Shrivastava, Director
Page 2
statutory deadline (January 31, 2023), then any rezoning to accommodate the regional
housing needs allocation (RHNA), including for lower-income households, shall be
completed no later than one year from the statutory deadline. Otherwise, the local
government’s housing element will no longer comply with State Housing Element Law,
and HCD may revoke its finding of substantial compliance pursuant to Government
Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a
compliant housing element within one year from the statutory deadline, the element
cannot be found in substantial compliance until rezones to accommodate a shortfall of
sites pursuant to Government Code section 65583, subdivision (c), paragraph (1),
subparagraph (A) and Government Code section 65583.2, subdivision (c) are
completed.
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available and considering and incorporating comments where appropriate. Please be
aware, any revisions to the element must be posted on the local government’s website
and to email a link to all individuals and organizations that have previously requested
notices relating to the local government’s housing element at least seven days before
submitting to HCD.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City meets housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
Aarti Shrivastava, Director
Page 3
HCD appreciates the hard work of the City’s entire housing element team during the
course of our review. We are committed to assist the City in addressing all statutory
requirements of State Housing Element Law. If you have any questions or need
additional technical assistance, please contact Reid Miller, of our staff, at
Reid.Miller@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
Review of the City of Mountain View’s 6th Cycle Draft Housing Element Page 1
September 29, 2022
APPENDIX
CITY OF MOUNTAIN VIEW
The following changes are necessary to bring the City’s housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at
https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section
contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements
(Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the
Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in
implementation, and reflect the results of this review in the revised element. (Gov. Code,
§ 65588 (a) and (b).)
As part of the evaluation of programs in the past cycle, the element must also provide an
explanation of the effectiveness of goals, policies, and related actions in meeting the housing
needs of special needs populations (e.g., elderly, persons with disabilities, large households,
female headed households, farmworkers and persons experiencing homelessness).
Programs should be revised as appropriate to reflect the results of this evaluation.
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in
the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A))
Enforcement and Outreach: The element must state whether or not there were any
judgements, lawsuits, or enforcement actions against the City as a result of fair housing
complaints. The element must also provide a clear statement that the City complies with
all existing State and Federal fair housing laws and regulations.
Integration and Segregation: While the element provided most of the necessary data and
analysis for integration and segregation patterns in the City in the local context, it must
discuss and analyze data for trends over time and patterns across census tracts for
familial status, income, and persons with disabilities. Additionally, it must evaluate these
patterns at a regional basis, comparing the City to the region.
Racial/Ethnic Areas of Concentration of Affluence (RCAA): The element correctly states
on pg. 156 that a RCAA does not exist within the City. However, the City is predominantly
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September 29, 2022
a high resource category according to TCAC/HCD Opportunity Maps and higher income,
with areas of concentrated higher incomes being predominantly white. These patterns are
similar to the surrounding region, but the element should include specific analysis of the
City compared to the region and should formulate policies and programs to promote an
inclusive community. For example, the City should consider additional actions (not limited
to the RHNA) to promote housing mobility and improve new housing opportunities
throughout the City. This is particularly important since the City did not permit adequate
housing affordable to lower income households in the prior planning period.
Disparities in Access to Opportunity: While the element provides information on the access
to opportunity through the TCAC opportunity maps and provides a complete local and
regional analysis of patterns and trends for most components of the affirmatively furthering
fair housing (AFFH) analysis, HCD has received public comments concerning racial
disparities in access to opportunities in education in the City. The element should provide
a comprehensive analysis of local and regional disparities of the educational scores
through local, federal, and/or state data. Additionally, the element should provide
additional local analysis related to access to opportunity in relation to a healthy
environment. Please refer to page 35 of the AFFH guidebook (link:
https://www.hcd.ca.gov/community-development/affh/index.shtml#guidance) for specific
factors that should be considered when analyzing access to opportunities as it pertains to
education, and any factors that are unique to Mountain View.
Disproportionate Housing Needs including Displacement Risks: While the element
includes some local data on cost burdened households (overpayment), the element must
evaluate regional trends and patterns for overpayment. In addition, the element briefly and
generically mentions displacement and homelessness in other areas of the housing
element, it must still provide data, analysis, and conclusions on displacement risk and
homelessness in the AFFH section.
Site Inventory: While the element includes some general discussion and conclusions
beginning on pg. 273 that identified sites for lower-income households are not
concentrated in any areas of the City, the element should include analysis to support these
conclusions, including the number of units per site by income group for each of the AFFH
categories relative to the existing patterns (number of households), impacts on patterns of
disproportionate housing needs (e.g., overpayment, overcrowding, displacement) and
expanding on the reasoning of the distribution of the regional housing need allocation
(RHNA) for lower income households. Further, if the inventory does isolate the RHNA for
lower income households in central areas, the element must have commensurate
programs with place-based strategies for community revitalization and new opportunities
in higher opportunity areas (beyond RHNA) to result in an equitable quality of life and
affirmatively further fair housing throughout the City.
Contributing Factors: The element mentions four main fair housing issues and connects
them to goals and priorities. However, these issues and goals do not appear to be
connected to programs adequate to facilitate the formulation of meaningful action to
overcome these contributing factors. The element should re-assess contributing factors
upon completion of analysis and make revisions as appropriate, ensuring these
Review of the City of Mountain View’s 6th Cycle Draft Housing Element Page 3
September 29, 2022
contributing factors are linked to programs that have meaningful actions to address
concerns specific to the City.
Goals, Priorities, Metrics, and Milestones: Goals and actions must significantly seek to
overcome contributing factors to fair housing issues. Currently, the element identifies
programs to encourage and promote affordable housing; however, most of these
programs do not appear to facilitate any meaningful change nor address AFFH
requirements. Given that most of the City is considered a high-income community, the
element could focus on programs that enhance housing mobility and encourage
development of more housing choices and affordable housing in an inclusive manner.
Programs also need to be based on identified contributing factors, be significant and
meaningful. The element must add and revise programs based on a complete analysis
and listing and prioritization of contributing factors to fair housing issues and include
geographic targeting as appropriate. Furthermore, the element must include metrics and
milestones for evaluating progress on programs, actions, and fair housing results.
2. Include an analysis of population and employment trends and documentation of
projections and a quantification of the locality's existing and projected needs for all income
levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Extremely Low-Income Households: While the element identifies the projected number of
extremely low-income (ELI) households, it must still analyze their existing housing needs.
This is particularly important given the unique and disproportionate needs of ELI
households. For example, the element could analyze tenure, cost burden, overcrowding
and other household characteristics then examine trends and the availability of resources
to determine the magnitude of gaps in housing needs.
3. Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding, and
housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Housing Conditions: The element identifies the age of the housing stock (p. 74, Figure 10).
However, it must include analysis of the condition of the existing housing stock and
estimate the number of units in need of rehabilitation and replacement. For example, the
analysis could include estimates from a recent windshield survey or sampling, estimates
from the code enforcement agency, or information from knowledgeable
builders/developers, including non-profit housing developers or organizations.
4. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a designated income level, and an
analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
The City has a RHNA of 11,135 housing units, of which 4,370 are for lower-income
households. To address this need, the element relies on approved and pipeline projects,
as well as nonvacant sites and sites in proposed master plan areas. To demonstrate the
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adequacy of these sites and strategies to accommodate the City’s RHNA, the element
must include complete analyses:
Progress in Meeting the RHNA: The element indicates (p. 238) that 379 units affordable to
very low-income and low-income households have been built or are under construction or
approved, but provides no information documenting how affordability of the units was
determined. As you know, the City’s RHNA may be reduced by the number of new units
built since , however, the element must describe the City’s methodology for assigning
these units to the various income groups based on actual sales price or rent level of the
units and demonstrate their availability in the planning period.
Additionally, the element identifies a number of “pending” projects that are listed in the
sites inventory with no additional analysis as to where these projects are in the
development process. First, to count these units as progress towards RHNA, the element
should describe the status all projects, not just those with anticipated affordability. Second,
the element must demonstrate these units are expected to be constructed during the
planning period. To demonstrate the availability of units within the planning period, the
element could analyze infrastructure schedules, City’s past completion rates on pipeline
projects, outreach with project developers, and should describe any expiration dates on
entitlements, anticipated timelines for final approvals, and any remaining steps for projects
to receive final entitlements. Lastly, given the element’s reliance on pipeline projects, the
element must include programs with actions that commit to facilitating development and
monitoring approvals of the projects (e.g., coordination with applicants to approve
remaining entitlements, supporting funding applications, expediating approvals, rezoning
or identification of additional sites should the applications not be approved).
Specific/Master Plan Areas: The element identifies the Middlefield Park Master Plan, and
the North Bayshore Master Plan as pending projects. It is unclear whether the expected
units from these master plans are from actual proposed projects or are anticipated
capacity from yet to be proposed projects that will require subsequent approvals. If there
are no actual proposed projects, parcels within these master plans should be listed not as
a “pending project” but as sites.
Additionally, the element may utilize residential capacity in specific plans to accommodate
the RHNA but should account for the number of units realistically anticipated to occur in
the planning period. For example, if the master plan has an anticipated build out horizon of
20 years, the number of units should be adjusted for the 8-year planning period. The
element should include additional discussion for the Middlefield Park Master Plans and
North Bayshore master plans including their anticipated timeline or build out horizon and
adjust capacity assumptions if appropriate.
Realistic Capacity: While the element provides assumptions of buildout for sites included
in the inventory, the capacity estimate must consider land use controls and site
improvements.
Nonvacant Sites: The element states on page 255 that nonvacant opportunity sites in were
screened based on specific criteria related to floor area ratio, date of structure, type of
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existing use, underutilized surface parking lots occupying a major portion of the site,
and/or have landowners that expressed interest in redevelopment. However, the element
should clearly relate these criteria to the sites identified. For example, it is unclear which
properties have underutilized surface parking or which had expressed interest in
redevelopment. In addition, to further demonstrate the development potential of these
underutilized sites, the element could also include information related to the condition of
the structure and where the uses are operating, marginalized, or for shopping centers,
current rate of occupancy.
Additionally, the element identifies appears to identify sites with existing residential uses.
Absent a replacement housing policy, these sites are not adequate sites to accommodate
lower-income households. The replacement housing policy has the same requirements as
set forth in Government Code section 65915, subdivision (c), paragraph (3).
Sites Identified in Prior Planning Periods: Sites identified in prior planning periods shall not
be deemed adequate to accommodate the housing needs for lower-income households
unless a program, meeting statutory requirements, requires rezoning within three years.
The element must include a program to address this requirement, and it should clarify
which sites were identified in prior planning periods. For more information on program
requirements, please see HCD’s Housing Element Sites Inventory Guidebook at
https://www.hcd.ca.gov/community-development/housing-element/housing-element-
memos.shtml.
Environmental Constraints: While the element generally describes a few environmental
conditions within the City (page 3-35), it must relate those conditions to identified sites and
describe any other known environmental or other constraints that could impact housing
development on identified sites in the planning period.
Electronic Sites Inventory: For your information, pursuant to Government Code section
65583.3, the City must submit an electronic sites inventory with its adopted housing
element. The City must utilize standards, forms, and definitions adopted by HCD. Please
see HCD’s housing element webpage at https://www.hcd.ca.gov/community-
development/housing-element/index.shtml#element for a copy of the form and
instructions. The City can reach out to HCD at sitesinventory@hcd.ca.gov for technical
assistance.
Zoning for a Variety of Housing Types (Single Room Occupancy (SRO) Units): The
element does not state in what zones it allows SRO units and should be revised to include
this information.
5. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures. The analysis shall also
demonstrate local efforts to remove governmental constraints that hinder the locality from
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meeting its share of the regional housing need in accordance with Government Code
section 65584 and from meeting the need for housing for persons with disabilities,
supportive housing, transitional housing, and emergency shelters identified pursuant to
paragraph (7). (Gov. Code, § 65583, subd. (a)(5).)
Governmental Constraint (General): The cumulative impact of governmental constraints
can impact the feasibility of development as well as costs and supply. Given the
complexity of the regulatory and political environment, the element should include an
analysis of the combination of potential governmental constraints, including but not
limited to land use controls, discretionary actions, permit and entitlement procedures,
fees and exactions, and any other ordinances or requirements affecting development.
Please note, HCD received many public comments noting concerns related to
constraints on the permit and processing of development within the City. In addition,
HCD notes Appendix H in the element which provides some analysis of potential
constraints and impacts. The City should incorporate this information into the analysis
and add or modify programs as appropriate to address constraints.
Land Use Controls: The element must identify and analyze all relevant land use controls
impacts as potential constraints on a variety of housing types. The analysis should analyze
land use controls independently and cumulatively with other land use controls. The
analysis should specifically address requirements related to parking, heights, lot coverage
and limits on allowable densities. The analysis should address any impacts on cost,
supply, housing choice, affordability, timing, approval certainty and ability to achieve
maximum densities and include programs to address identified constraints.
Fees and Exaction: While the element provides some basic information on residential
development fees starting on pg. 211, it must describe all required fees for single family
and multifamily housing development, including impact fees, and analyze their impact as
potential constraints on housing supply and affordability. For example, the analysis could
identify the total amount of fees and their proportion to the development costs for both
single family and multifamily housing. For additional information and a sample analysis
and tables, see the Building Blocks at http://www.hcd.ca.gov/community-
development/building-blocks/constraints/fees-and-exactions.shtml. This analysis is
particularly important given the fact that HCD has received numerous public comments
that fees the City is charging are high and constitute a constraint on development.
Local Processing and Permit Procedures: While the element includes some information
about the permit process and processing time, a complete analysis must evaluate the
processing and entitlement procedures for potential constraints on housing supply, cost,
timing, financial feasibility, approval certainty and ability to achieve maximum densities.
While the element includes information about processing times, it should also describe the
procedures for a typical single family and multifamily development. The analysis should
address the approval body, the number of public hearing if any, approval findings and any
other relevant information. For example, the element should identify and analyze approval
findings for impacts on approval certainty, the presence of processes or guidelines to
promote certainty and add or modify programs as appropriate. Additionally, the element
briefly mentions a “gatekeeper” process on pg. 215. The element should provide further
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description and analysis of this process and add or modify programs as appropriate to
ensure that the process is not a constraint on housing production.
On/Off Site Improvements: While the element provides a basic description of on and off
site improvements on pg. 214, it must identify subdivision level improvement requirements,
such as minimum street widths (e.g., 40 foot minimum street width), and analyze their
impact as potential constraints on housing supply and affordability. For additional
information and a sample analysis, see the Building Blocks at
http://www.hcd.ca.gov/community-development/building-blocks/constraints/codes-and-
enforcement-on-offsite-improvement-standards.shtml.
Codes and Enforcement: While the element provides some information on relevant
codes the City has adopted starting on pg. 219, it must also provide and analysis of the
systems the City has in place to enforce these codes.
Constraints on Housing for Persons with Disabilities: The element subjects group homes
of seven or more persons to a conditional use permit, unlike other similar uses. For your
information, zoning should simply implement a barrier-free definition of family instead of
subjecting, potentially persons with disabilities, to special regulations such as the number
of persons, population types and licenses. These housing types should not be excluded
from residential zones, most notably low-density zones, which can constrain the
availability of housing choices for persons with disabilities. Requiring these housing types
to obtain a special use or CUP could potentially subject housing for persons with
disabilities to higher discretionary standards where an applicant must demonstrate
compatibility with the neighborhood, unlike other residential uses. The element should
specifically analyze these constraints for impacts on housing supply and choices and
approval certainty and objectivity for housing for persons with disabilities and include
programs as appropriate.
Finally, starting on pg. 225, the element identifies approval findings for granting a
reasonable accommodation including finding related to impacts on surrounding uses –
essentially a conditional use permit finding. However, reasonable accommodation should
be a unique exception process from a conditional use permit, especially given its
importance in addressing barriers to housing for persons with disabilities. The element
should include revise Program 2.4 (Reasonable Accommodations) to amend the
Reasonable Accommodation Ordinance and remove constraints, namely the “potential
impact on surrounding uses” approval finding.
Zoning, Development Standards and Fees: The element must clarify compliance with new
transparency requirements for posting all zoning, development standards and fees on the
City’s website and add a program to address these requirements, if necessary.
Other Local Ordinances: The element must analyze any locally adopted ordinances that
directly impacts the cost and supply or residential development (e.g., inclusionary
requirements, short term rentals, growth controls). Specifically, the element should further
analyze inclusionary requirements starting on pg. 209 to ensure that they are not a
constraint, and modify Programs as appropriate based on the complete analysis.
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Additionally, HCD has been in contact with the City regarding its implementation of State
Density Bonus Law (SDBL), and has provided technical assistance to that effect in a letter
dated October 8, 2021. Specifically, HCD offered guidance on the manner in which the
City applies SDBL in concert with its Community Benefit Zoning program, namely the
implementation of floor area ratio (FAR) as a measure of density, and the incompatibility of
the State waivers and concessions process with the City’s program. The City should
review this correspondence and revise Program 1.5 (Density Bonus) to state that the City
will review and modify it its density bonus ordinance and policies to comply with state law.
6. Analyze any special housing needs such as elderly; persons with disabilities, including a
developmental disability; large families; farmworkers; families with female heads of
households; and families and persons in need of emergency shelter. (Gov. Code,
§ 65583, subd. (a)(7).)
While the element quantifies the number of the elderly, persons with disabilities, large
families, families with female heads of households, and families and persons in need of
emergency shelter, it must still quantify the number of farmworkers in the City, and
analyze all special housing needs categories. The analysis should include, but is not
limited to, factors such as household income, tenure, housing types, zoning, and available
resources. Local officials, special needs service providers, or City/County social and
health service providers may be able to assist with information to complete the analysis.
For additional information and a sample analysis, see the Building Blocks at
http://www.hcd.ca.gov/community-development/building-blocks/housing-needs/large-
families-female-head-household.shtml.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each
with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement the
policies and achieve the goals and objectives of the Housing Element through the
administration of land use and development controls, the provision of regulatory
concessions and incentives, and the utilization of appropriate federal and state financing
and subsidy programs when available. The program shall include an identification of the
agencies and officials responsible for the implementation of the various actions. (Gov.
Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision
(c)(1-6), and to facilitate implementation, programs should include: (1) a description of the
City’s specific role in implementation; (2) definitive implementation timelines; (3)
objectives, quantified where appropriate; and (4) identification of responsible agencies and
officials. Programs to be revised include the following:
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Program 1.1 (Zoning Ordinance Update): This program should describe the desired
outcomes or achievements related to the review of local development standards, and
provide a distinct milestones for what constitutes a complete assessment. The program’s
goals and metrics should be reflective of the results of this analysis. Additionally, the
program should be revised to carry out a more concrete actions than merely “considering”
updated standards for 100 percent affordable housing and other residential development.
Program 1.2 (Religious and Community Assembly Sites for Housing): This program should
be revised to provide further detail as to the proposed allowable density for affordable
multifamily projects developed in conjunction with nonprofit religious and community
assembly uses on large sites. It should also provide greater detail on what the overall
process will look like when it is applied.
Program 1.3 (Conservation of Units): The program should be revised to provide a
quantifiable outcome for how many units the City anticipates preserving during the
planning period.
Program 1.5 (Density Bonus): As noted in finding B5, this program should be revised to
state that the City will review and modify it its density bonus ordinance and policies to
comply with State Law, particularly regarding the giving of incentives and concessions to
developers.
Program 1.6 (No Net Loss): This program should be revised to ensure that its activities
align with State No Net Loss Law, such as making findings on a project-by-project basis in
addition to monitoring sites statuses every six months.
Program 1.7 (Code Enforcement Program): This program should be revised to include
further detail as to how exactly reported code violations will be remedied or addressed
(e.g. will this enforcement be tied to a housing rehabilitation and/or replacement
program?).
Program 1.8 (Multifamily Housing Inspection Program): This program should be revised to
provide further detail as to exactly how the Multifamily housing program will be
implemented, and provide assurances that its implementation does not violate the City’s
obligation to AFFH.
Program 1.11 (BMR Program Review): This program should be revised to provide more
detail as to what the review of the City’s Below-Market-Rate (BMR) program will actually
encompass, and provide more concrete and measurable outcomes resulting from this
review.
Program 2.1 (Subsidize and support affordable housing programs to meet an array of
housing needs, with a particular emphasis on underserved populations): This program
should be revised to commit to doing more than just “exploring” innovative programs as
appropriate to meet gaps in affordable housing need. All program activities must have
concrete actions, timelines, metrics and milestones in order to demonstrate whether
progress is being made during the planning period.
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Program 3.1 (Homelessness Prevention and Services for the Unhoused): The program
should be revised to clearly articulate what the City will do to “support” emergency rental
programs and pathways to housing, with specific goals and quantifiable outcomes for the
planning period.
Program 3.2 (Displacement Prevention and Mitigation): This program should be revised to
increase its quantifiable outcomes and assist more than one naturally occurring affordable
project during the planning period, especially given the fact that displacement risk seemed
to be a major concern in the public comment HCD received.
Program 4.1 (Development Streamlining and Processing Revisions): This program should
be revised to be completed earlier in the planning period, and should also clearly state
how its goals and actions reflect the needs highlighted in the analysis of the Governmental
Constraints section of the element.
Program 4.2 (Federal, State, and Regional Policy initiatives): This program should be
revised to provide concrete goals, metrics and milestones to measure effectiveness
throughout the planning period.
Program 4.4 (Partnerships to support affordable housing): This program should be revised
to provide concrete goals, metrics and milestones to measure effectiveness throughout the
planning period. The program should also make clear if there is already a list of partners
the City is considering.
Program 4.7 (Neighborhood Engagement): This program should be revised to
demonstrate what actions the City will take to “encourage” developers to engage with
community.
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need for
each income level that could not be accommodated on sites identified in the inventory
completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply
with the requirements of Government Code section 65584.09. Sites shall be identified as
needed to facilitate and encourage the development of a variety of types of housing for all
income levels, including multifamily rental housing, factory-built housing, mobilehomes,
housing for agricultural employees, supportive housing, single-room occupancy units,
emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B4, the element does not include a complete site analysis; therefore,
the adequacy of sites and zoning were not established. Based on the results of a complete
sites inventory and analysis, the City may need to add or revise programs to address a
shortfall of sites or zoning available to encourage a variety of housing types.
3. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
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housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for
housing designed for, intended for occupancy by, or with supportive services for, persons
with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding B5, the element requires a complete analysis of potential
governmental constraints. Depending upon the results of that analysis, the City may need
to revise or add programs and address and remove or mitigate any identified constraints.
4. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion, sex,
marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics protected by the California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other
state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. The
element must be revised to add goals and actions based on the outcomes of a complete
analysis. Goals and actions must specifically respond to the analysis and to the identified
and prioritized contributing factors to fair housing issues and must be significant and
meaningful enough to overcome identified patterns and trends. Actions must have specific
commitment, metrics and milestones as appropriate and must address housing mobility
enhancement, new housing choices and affordability in high opportunity areas, place-
based strategies for community preservation and revitalization and displacement
protection. Currently the element only associates programs with contributing factors, but it
does not explain or provide analysis as to how these programs actually address these
issues. The element should revise program actions to address the City’s obligation to
AFFH including how programs address housing mobility enhancement, new housing
choices and affordability in high opportunity areas, place-based strategies for community
preservation and revitalization and displacement protection. In addition, the element
should also describe how all the City’s housing programs comply with and further the
requirements and goals of Government Code section 8899.50, subdivision (b).
5. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that
can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).)
The element is required to include a program that incentivizes or promotes accessory
dwelling unit (ADU) development for very low-, low-, and moderate-income households.
While the element included Program 1.4, this program only commits to tracking and
monitoring ADU construction, and updating the webpage with resources. The program
should be revised to include incentivizes or otherwise promotes ADU development.
Examples of incentives include pursuing funding opportunities, modifying development
standards, and reducing fees beyond state law, increasing awareness, pre-approved
plans, and homeowner/applicant assistance tools. Other strategies could include
developing information packets to market ADU construction, targeted advertising of ADU
development opportunities or establishing an ADU specialist within the planning
department.
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D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic
segments of the community in the development of the Housing Element, and the element
shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
While the City made effort to include the public through workshops and surveys, and
employed additional methods for public outreach efforts, particularly including lower-income
and special needs households and neighborhoods with higher concentrations of lower-
income and special needs households, HCD received comments with many meaningful
suggestions related to program timing, program commitment and other issues related to
zoning and AFFH. HCD encourages the City to consider these comments. For additional
information, see the Building Blocks at http://www.hcd.ca.gov/community-
development/building-blocks/getting-started/public-participation.shtml.
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
July 8, 2022
Mark Muenzer, Director
Community Development and Transportation Department
City of Redwood City
1017 Middlefield Road
Redwood City, CA 94063
Dear Mark Muenzer:
RE: Redwood City’s 6th Cycle (2023-2031) Draft Housing Element
Thank you for submitting Redwood City’s (City) draft housing element received for
review on April 11, 2022. Pursuant to Government Code section 65585, subdivision (b),
the California Department of Housing and Community Development (HCD) is reporting
the results of its review. Our review was facilitated by a conversation on June 8, 2022
with Diana O’Dell, Alin Lancaster, and consultants Genevieve Sharrow and Lisa
Brownfield. In addition, HCD considered comments from Housing Leadership Council
(HLC) of San Mateo County pursuant to Government Code section 65585, subdivision
(c).
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing
Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of the
statutory deadline (January 31, 2023), then any rezoning to accommodate the regional
housing needs allocation (RHNA), including for lower-income households, shall be
completed no later than one year from the statutory deadline. Otherwise, the local
government’s housing element will no longer comply with State Housing Element Law,
and HCD may revoke its finding of substantial compliance pursuant to Government
Code section 65585, subdivision (i).
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available and considering and incorporating comments where appropriate. Please be
ATTACHMENT 5
Mark Muenzer, Director
Page 2
aware, any revisions to the element must be posted on the local government’s website
and an email with the link sent to all individuals and organizations that have previously
requested notices relating to the local government’s housing element at least seven
days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City will meet housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the dedication the City provided in the housing element update. We
are committed to assisting the City in addressing all statutory requirements of State
Housing Element Law. If you have any questions or need additional technical
assistance, please contact Hillary Prasad, of our staff, at Hillary.Prasad@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
Redwood City’s 6th Cycle Draft Housing Element Page 1
July 8, 2022
APPENDIX
CITY OF REDWOOD CITY
The following changes are necessary to bring the City’s housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at
http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance
tool, Building Blocks for Effective Housing Elements (Building Blocks), available at
http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the
Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in
implementation, and reflect the results of this review in the revised element. (Gov. Code, §
65588 (a) and (b).)
As part of the review of programs in the past cycle, the element must provide an evaluation of
the effectiveness of goals, policies, and related actions in meeting the housing needs of
special needs populations (e.g., elderly, persons with disabilities, large households, female
headed households, farmworkers, and persons experiencing homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Enforcement and Outreach: While the element provides some data, the element should
also describe whether there have been any fair housing lawsuits or enforcement actions
within the City.
Integration and Segregation: While the element includes some data on race, familial
status, disability, and income, it must also analyze this data such as addressing patterns,
trends, conditions, characteristics, coincidence with other fair housing components (e.g.,
disparities in access to opportunity, disproportionate housing needs), other relevant factors
and local data and knowledge. For race, the analysis should be geographic and describe
concentrations of different races throughout the City. Regarding disability, the data
showed one census tract where the concentration of persons with disabilities was higher;
the element should describe and analyze the data provided and relate it to other factors to
understand the quality of life conditions and better formulate appropriate policies and
programs. The analysis for familial status must analyze the data within the City as well as
how the City differs from the surrounding region. The element must also analyze income
Redwood City’s 6th Cycle Draft Housing Element Page 2
July 8, 2022
and the concentration of poverty within the City that was identified. It should also compare
the City to the surrounding areas.
Racial/Ethnic Areas of Concentration of Poverty (R/ECAP) and Concentrated Areas of
Affluence: While the element identified R/ECAPs, it must provide an analysis. In addition,
the element should address concentrated areas of affluence (Please see HCD’s AFFH
Data Viewer). The combination of the R/ECAP and areas of affluence analyses will help
guide goals and actions to address fair housing issues. The analysis should evaluate the
patterns and changes over time at a local (e.g., neighborhood to neighborhood) and
regional level (e.g., city to region).
Disparities in Access to Opportunity: While the element provided some data, additional
data and analysis is needed. The element should relate the overall disparities in access to
opportunity in the City to the rest of the affirmatively furthering fair housing (AFFH)
analysis. In addition, the element included data on education, but it must analyze the data
on both a local and regional level as well as describe the proximity of proficient schools to
areas of segregation and R/ECAPs. The element must describe what affects the
disparities in access to jobs within the City and how it affects protected groups. While the
element describes transit plans in the region, it should describe and analyze local and
regional access to transit and provide a map of transit access. The element must analyze
local and regional disparities of environmental access to opportunity. While the local data
states where there are worse scores, it must describe the rest of the City and analyze the
data.
Disproportionate Housing Need, Including Displacement Risk: While the element included
some data, some additional data and analysis for cost burden, overcrowding, substandard
housing, homelessness and displacement are needed. The element must describe and
analyze cost burden geographically at a local and regional level. In addition, the element
must describe the concentrated area of overcrowding within the City as well as provide a
regional analysis. The element must describe any concentrations of substandard housing.
The element must also provide demographic information on the homeless population and
evaluate impacts on protected characteristics and disparities in access to opportunity (e.g.,
access to services). Lastly, the element must describe displacement due to disinvestment
and disaster.
Sites Inventory: While the element included some data on identified sites and AFFH, it
must evaluate whether sites improve or exacerbate conditions and whether sites are
isolated by income group. A full analysis should address the income categories of
identified sites with respect to location, the number of sites and units by all income groups
and how that affects the existing patterns for all components of the assessment of fair
housing (e.g., segregation and integration, access to opportunity). Almost all sites are
identified in moderate or low resource areas, the element must discuss whether the
distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the
element should identify further program actions that will be taken to promote equitable
quality of life throughout the community (e.g., anti-displacement and place-based
community revitalization strategies).
Redwood City’s 6th Cycle Draft Housing Element Page 3
July 8, 2022
Contributing Factors to Fair Housing Issues: While the element identifies many
contributing factors to fair housing issues, it should prioritize these factors to better
formulate policies and programs and carry out meaningful actions to AFFH.
Goals, Priorities, Metrics, and Milestones: The element must be revised to add or modify
goals and actions based on the outcomes of a complete analysis. Goals and actions must
specifically respond to the analysis and to the identified and prioritized contributing factors
to fair housing issues and must be significant and meaningful enough to overcome
identified patterns and trends. Actions must have specific commitment, metrics, milestones
and geographic targeting and must address housing mobility enhancement, new housing
choices and affordability in high opportunity areas, place-based strategies for community
preservation and revitalization and displacement protection.
2. Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding, and
housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Overcrowding: The element should include the rate of severe overcrowding, as well as
analyze and address the need of overcrowded households.
Housing Conditions: The element must include an analysis of the condition of the existing
housing stock and estimate the number of units in need of rehabilitation and replacement.
For example, the analysis could include estimates from a recent windshield survey or
sampling, estimates from the code enforcement agency, or information from
knowledgeable builders/developers, including non-profit housing developers or
organizations.
3. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a designated income level, and an
analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
Progress in Meeting the Regional Housing Need Allocation (RHNA): The element lists
various approved and proposed projects by affordability. But in some cases, the element
must still discuss how affordability was determined based on actual or anticipated sales
prices and rents or other mechanisms ensuring affordability (e.g., deed-restrictions,
inclusionary requirements). Namely, the element should include additional affordability
information for 1601 El Camino, 1057 El Camino Real, 901 El Camino Real, 1900
Broadway and 2300 Broadway. In addition, the element lists several projects utilizing the
“Gatekeeper” process. Given the pending complexity of entitlements potentially associated
with these projects, the element should include discussion of their availability in the
planning period such as an anticipated schedule for development. Lastly, the element
should modify Program H1-1 to monitor approved and proposed projects and commit to
alternative actions within a reasonable time (e.g., within one year) of projects are not
moving toward completion as anticipated.
Redwood City’s 6th Cycle Draft Housing Element Page 4
July 8, 2022
Realistic Capacity: The element provides various assumptions for calculating residential
capacity on identified sites and describes the assumptions are based on recent projects.
However, the element should list projects to support these assumptions. Similar to the
listing of recent projects in the Downtown Precise Plan (Table H3-12), the listing should
address acreage, zone, number of units built, maximum allowable density, built density
and percent of maximum allowable densities.
Suitability of Nonvacant Sites: The element must include an analysis demonstrating the
potential for redevelopment of nonvacant sites. To address this requirement, the sites
inventory includes a generic description of existing uses such as “restaurant” or “shopping
center”. However, the description of existing uses should be sufficiently detailed to
facilitate an analysis demonstrating the potential for additional development in the planning
period. For example, the inventory could list which sites have expressed interest from
developers or owners, age of structure and degree of underutilization. In addition, the
element should analyze recent experience in redevelopment and the extent that existing
uses may impede additional residential development. For example, the element includes
sites identified as single-family residents, restaurants, parks, open storage, service station,
and shopping center, but should discuss how these uses will discontinue or be
redeveloped in the planning period. The element should also expand the discussion of
existing uses in recent projects (including approved and proposed projects) and relate
those characteristics to sites identified. For example, many identified sites appear with
shopping and retail. The element could discuss how some recent, approved or pending
development had existing uses with similar characteristics (e.g., use, age of structure,
degree of underutilization, ample parking, vacancy, expiring leases).
In addition, as noted in the housing element, the housing element relies upon nonvacant
sites to accommodate more than 50 percent of the regional housing needs allocation
(RHNA) for lower-income households. For your information, the housing element must
demonstrate existing uses are not an impediment to additional residential development
and will likely discontinue in the planning period (Gov. Code, § 65583.2, subd. (g)(2).).
Absent findings (e.g., adoption resolution) based on substantial evidence, the existing
uses will be presumed to impede additional residential development and will not be utilized
toward demonstrating adequate sites to accommodate the regional housing need
allocation.
SB 9 and Missing Middle Sites: The element identifies SB 9 and Missing Middle as
strategies to accommodate the part of the City’s need of moderate and above-moderate
RHNA. To support these assumptions, the analysis must include experience, trends and
market conditions that allow lot splits and missing middle uses. The analysis must also
include a nonvacant sites analysis demonstrating the likelihood of redevelopment and the
existing use will not constitute as an impediment for additional residential use. The
analysis should describe how the Terner Center study determined eligible properties,
whether the assumed lots will have turnover, if the properties are easy to subdivide, and
the condition of the existing structures. The analysis should also describe interest from
property owners as well as experience. The analysis should provide support for the
assumption of 25 percent of eligible properties being developed within the planning period.
Based on the outcomes of this analysis, the element should modify Programs H4-5 (SB 9
Zoning) and H4-3 (Middle Housing) to establish zoning and development standards early
Redwood City’s 6th Cycle Draft Housing Element Page 5
July 8, 2022
in the planning period and implement incentives to encourage and facilitate development
as well as monitor development every two years with and identify additional sites within six
months if assumptions are not being met. The element should support this analysis with
local information such as local developer or owner interest to utilize zoning and incentives
established through SB 9. A similar analysis should also be completed for sites identified
as accommodating missing middle and clarify whether the sites identified under SB 9
overlap with the sites identified to accommodate missing middle.
City-owned Sites: Given the element identifies publicly-owned sites, it should include a
discussion of suitability and availability for development in the planning period, including
an anticipated schedule for development, any necessary steps to develop the properties
and any known constraints to development in the planning period. Lastly, the element
should add or modify programs based on the outcomes of this analysis and commit to a
schedule of action to facilitate development, numerical objectives consistent with
assumption and compliance with the Surplus Land Act.
Sites Identified in Prior Planning Periods: Sites identified in prior planning periods shall not
be deemed adequate to accommodate the housing needs for lower-income households
unless a program, meeting statutory requirements, requires rezoning within three years.
The element should include a program if utilizing previously identified sites in the current
planning period.
Availability of Infrastructure: The element includes a general statement on availability of
utilities. However, it must also analyze whether sufficient total water and sewer capacity
(existing and planned) can accommodate the regional housing need and add or modify
programs if necessary.
For your information, water and sewer service providers must establish specific
procedures to grant priority water and sewer service to developments with units affordable
to lower-income households. (Gov. Code, § 65589.7.) The element should clarify whether
the City is a water or sewer service provider and if so, demonstrate compliance with this
requirement either through discussion or a program to establish a procedure.
Zoning for a Variety of Housing Types (Manufactured Housing): As noted on page H2-16,
the element should include a program to amend zoning and procedures to permit
manufactured housing in compliance with state law.
4. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures... (Gov. Code, § 65583, subd.
(a)(5).)
Land Use Controls: While the element identifies development standards on page H2-8, it
must analyze whether the development standards are a constraint to development. The
analysis should address all development standards (e.g., lot coverage, heights, setbacks,
Redwood City’s 6th Cycle Draft Housing Element Page 6
July 8, 2022
parking) and any impacts on housing supply, cost, timing, ability to achieve maximum
densities and any preponderance of utilizing exception processes.
Local Processing and Permit Procedures: The element lists various permit procedures
(e.g., design review, conditional use permit (CUP), planned development), it should
clarify which procedures are typical for development, particularly developments
consistent with zoning and the general plan. The analysis should describe the
components of the procedure, list and evaluate approval findings and address any
impacts on housing supply (number of units), cost, timing, and approval certainty. If
exception processes such as CUPs or planned developments are typical or required, the
element should include specific analysis and programs to address constraint. For
example, the element should clarify whether the CUP is required for all developments
that exceed three stories or 35 feet in height and whether the planned development
permit is optional. Lastly, the element must analyze the significant discrepancies in
length of approval time for single family and multifamily projects under ministerial review.
Design Review: The element must describe and analyze the design review guidelines and
process, including approval procedures and decision-making criteria, for their impact as
potential constraints on housing supply and affordability. For example, the analysis could
describe required findings and discuss whether objective standards and guidelines
improve development certainty and mitigate cost impacts. The element must demonstrate
this process is not a constraint or it must include a program to address this permitting
requirement, as appropriate.
Inclusionary Requirements: The element must analyze the inclusionary requirement for
impacts on housing cost, supply and timing. The analysis should address the 20 percent
requirement, relationship to State Density Bonus Law, whether impact fees are imposed if
meeting inclusionary requirements and impacts of the live/work preference on housing
mobility.
On/Off-Site Improvements: The element must identify actual on and off-site requirements
for a typical development and evaluate the impacts on housing costs and timing.
Codes and Enforcement: The element must describe the City’s code enforcement process
and procedure (i.e., whether the City’s code enforcement is proactive or complaint based)
and analyze its impact as potential constraints on housing supply and affordability.
Constraints on Housing for Persons with Disabilities: The element briefly describes its
reasonable accommodation procedure. However, the element should also describe the
process and decision-making criteria such as approval findings and analyze any potential
constraints on housing for persons with disabilities.
Zoning, Development Standards and Fees: The element must clarify compliance with new
transparency requirements for posting all zoning, development standards, fees, and
inclusionary requirements on the City’s website and add a program to address these
requirements, if necessary.
5. Analyze any special housing needs such as elderly; persons with disabilities, including a
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July 8, 2022
developmental disability; large families; farmworkers; families with female heads of
households; and families and persons in need of emergency shelter. (Gov. Code, § 65583,
subd. (a)(7).)
Farmworkers: The element describes farmworkers are a small percentage of the City’s
labor force, that Redwood City has no farmland and; therefore, specific programs are not
needed. However, the housing needs of farmworkers are often under-counted and are not
limited to the amount of farmland in Redwood City. As a result, the element should at least
consider the housing needs at a county level and add or modify programs as appropriate
to address the specific and unique needs of farmworkers. The analysis may utilize United
States Department of Agricultural data (Agricultural Census) and information available
through the Department of Education to address this requirement.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each
with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement the
policies and achieve the goals and objectives of the Housing Element... (Gov. Code, §
65583, subd. (c).)
To have a beneficial impact on housing outcomes in the planning period, programs must
have specific commitment (beyond considering) to housing outcomes, discrete timing
(e.g., at least annually) and where appropriate numerical targets. To address this
requirement, programs should be revised, as follows:
• Program H1-1 (Adequate Sites): The program should include annual
implementation.
• Program H1-3 (Replacement Unit Requirements): The program should implement
revisions by a specified date (e. g., month and year).
• Program H1-4 (Densities in High Opportunity Areas): The program should include
an implementation component beyond a study, especially if the City is relying on
the program to implement missing middle housing.
• Program H1-5 (Accessory Dwelling Units): The program should include annual
reviews and updates as needed.
• Programs H1-6 (Densities in Mixed Use Zoning Districts) and H2-6 (Rezone
Commercial Office): The timing of these programs should clarify amendments will
be completed by the housing element due date.
• Program H2-3 (Preservation of At-Risk Affordable Housing): The program should
include specific timing as well as include proactive outreach to owners. The
program should also include outreach to owners to comply with Government Code
sections 65863.10, 65863.11, and 65863.13 beginning three years before
expiration of affordability for at-risk properties.
Redwood City’s 6th Cycle Draft Housing Element Page 8
July 8, 2022
• Program H2-5 (Fist-Time Homebuyer Opportunities): The program should include
proactive outreach to developers and homebuyers as well as other actions if the
code amendments are not adopted.
• Program H4-1 (Site Improvements and Fees): The program should include
implementation beyond considering an action to revise undergrounding
requirements.
• Program H4-3 (Middle Housing Development): The program should include timing
for implementing Phase two.
• Program H4-4 (Density Bonuses): The program should include timing on how often
the ordinance will be reviewed during the planning period.
• Program H4-9 (Housing Accountability Act): The program should include specific
timing (e.g., month and year).
• Program H5-1 (Equity and Outreach Plan): The program should describe how often
the City will partner with advocates and organizations throughout the planning
period.
• Program H5-2 (Consult with Public Agencies): The program should include annual
proactive outreach.
• Program H5-3 (Affirmatively Market Accessible and Affordable Units): The program
should describe how often the list will be updated, how often coordination will occur,
as well as proactive outreach.
• Program H6-1 (Anti-Displacement Strategy): The program should include
implementation timing.
• Program H6-2 (Fair Housing Services): The program should describe how often
actions and outreach will occur.
• Program H6-3 (Affirmatively Further Fair Housing): The program should include
implementation beyond “consider”.
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need for
each income level that could not be accommodated on sites identified in the inventory
completed pursuant to paragraph (3) of subdivision (a) without rezoning… (Gov. Code, §
65583, subd. (c)(1).)
As noted in Finding B4, the element does not include a complete site analysis; therefore,
the adequacy of sites and zoning were not established. Based on the results of a complete
sites inventory and analysis, the City may need to add or revise programs to address a
shortfall of sites or zoning available to encourage a variety of housing types. In addition,
the element should be revised as follows:
Programs H1-6 (Densities in Mixed Use Zoning Districts) and H2-6 (Rezone Commercial
Office): The programs commit to, among other things, increase allowable densities in
several mixed-use zones concurrently with adoption of the housing element. Please be
aware, if these changes to zoning are necessary to accommodate the RHNA for lower-
income households and adoption does not occur before the beginning of the planning
period, the element may need to address a shortfall of adequate sites and trigger meeting
Redwood City’s 6th Cycle Draft Housing Element Page 9
July 8, 2022
by-right requirements pursuant to Government Code section 65583, subdivision (c)(1) and
section 65583.2, subdivisions (h) and (i).
Program H4-5 (SB 9 Zoning and Subdivision Ordinance Amendments): As the City is
relying on developing units utilizing SB 9, the program must commit to adopting updated
definitions, use regulations, and development standards beyond “considering” and
modified based on the outcomes of a complete analysis, including monitoring production
and affordability every two years and taking alternative action if necessary.
3. The Housing Element shall contain programs which assist in the development of adequate
housing to meet the needs of extremely low-, very low-, low- and moderate-income
households. (Gov. Code, § 65583, subd. (c)(2).)
Special Needs: While the element includes programs to assist in the development of very
low-, low-, and moderate-income households, it must also include a program(s) to assist in
the development of housing for all special needs households (e.g., elderly, homeless,
farmworkers, persons with disabilities, female-headed households). Specifically, programs
should be added or modified to address the needs of persons with disabilities. For
example, program actions could include proactive outreach and assistance to non-profit
service providers and developers, prioritizing some funding for housing developments
affordable to special needs households and offering financial incentives or regulatory
concessions to encourage a variety of housing types.
Program H3-1 (Senior Housing Needs): The program should include an action beyond
“consider” as well as describe how the City will support organizations and how often. As
the element identified a high need for senior housing, the program should specifically help
seniors stay in their homes to address the identified need. In addition, the program should
include timing to revise the definitions.
4. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for
housing designed for, intended for occupancy by, or with supportive services for, persons
with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding B5, the element requires a complete analysis of potential
governmental constraints. Depending upon the results of that analysis, the City may need
to revise or add programs and address and remove or mitigate any identified constraints.
In addition, the element should be revised as follows:
Program H1-8 (Small Lots): The program should implement the incentives and changes to
development standards, as well as list out potential revisions that are being considered.
Program H3-2 (Residential Care Facilities and Group Homes): The program must clarify
what the City will do to allow group homes with seven or more residents. The program
should clearly address this constraint and commit to revise zoning and permit procedure to
Redwood City’s 6th Cycle Draft Housing Element Page 10
July 8, 2022
permit group homes for seven or more persons with objectivity to facilitate approval
certainty in all residential zones.
Program H3-3 (Special Needs and Extremely-Low Income (ELI) Households): The
program should remove “consider” from the second action to amend zoning for ELI
housing options. In addition, the program should describe how the City will support the
homeless outreach team and how often they will consult with the County’s center on
homelessness. Lastly, the program must include specific timing and commitment for
completing zoning amendments earlier in the planning period (beyond presenting in a
study session in four years).
Program H4-2 (General Plan/Zoning Consistency): The program should specify timing as
well as describe what amendments will be made.
Program H4-6 (Permit Processing): The program should include specific timing to
implement the described actions. The program should also describe how often the process
will be evaluated and improved.
Program H4-7 (Revised Parking Standards): The program should go beyond considering
revised parking standards as the parking standards were identified as a potential
constraint. For example, the City currently requires two spaces per multifamily unit
regardless the number of bedrooms and “up to” a certain number of spaces in the
Downtown. The program should reduce parking constraints for multifamily units within the
City, as well as in the Downtown and Mixed-Use zones. In addition, the program should
include specific timing for implementation.
Program H4-8 (Employee Housing Act): The program should be implemented earlier in the
planning period (e.g., within one year).
5. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion, sex,
marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. The
element must be revised to add goals and actions based on the outcomes of a complete
analysis.
6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that
can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).)
Programs must be expanded to include incentives to promote the creation and affordability
of Accessory Dwelling Units (ADUs). Examples include exploring and pursuing funding,
modifying development standards and reducing fees beyond state law, increasing
awareness, pre-approved plans and homeowner/applicant assistance tools. In addition,
given the City’s assumptions for ADUs, the element should include a program to monitor
permitted ADUs and affordability every other year and take appropriate action such as
adjusting assumptions or rezoning within a specified time period (e.g., 6 months).
Redwood City’s 6th Cycle Draft Housing Element Page 11
July 8, 2022
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic
segments of the community in the development of the Housing Element, and the element
shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
While the element describes public participation and key themes from public engagement, it
should describe how public comments were incorporated into the element.
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 26, 2022
Debbie Pedro, Director
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Debbie Pedro:
RE: The City of Saratoga’s 6th Cycle (2023-2031) Draft Housing Element
Thank you for submitting the City of Saratoga’s (City) draft housing element received
for review on July 28, 2022. Pursuant to Government Code section 65585, subdivision
(b), the California Department of Housing and Community Development (HCD) is
reporting the results of its review. Our review was facilitated by a conversation on
October 17, 2022 with yourself, Nicole Johnson, and consultants Carla Violet, Curtis
Banks, and Arly Cassidy Dolbakian. In addition, HCD considered comments from
Faisal Haq, Anne Muller, Karthick Lyer, South Bay YIMBY, YIMBY Law and Greenbelt
Alliance, Anne Paulson, Joanne Cornbleet, Stephen A. Smith, Joseph B. Houston Jr.
and Elizabeth M. Houston, Curt Bianchi, and Marc Barberis pursuant to Government
Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing
Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of the
statutory deadline (January 31, 2023), then any rezoning to make prior identified sites
available or accommodate the regional housing needs allocation (RHNA), including for
lower-income households, shall be completed no later than one year from the statutory
deadline. Otherwise, the local government’s housing element will no longer comply with
State Housing Element Law, and HCD may revoke its finding of substantial compliance
pursuant to Government Code section 65585, subdivision (i). Please be aware, if the
City fails to adopt a compliant housing element within one year from the statutory
deadline, the element cannot be found in substantial compliance until rezones to
accommodate a shortfall of sites pursuant to Government Code section 65583,
ATTACHMENT 6
Debbie Pedro, Director
Page 2
subdivision (c) (1) (A) and Government Code section 65583.2, subdivision (c) are
completed.
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available and considering and incorporating comments where appropriate. Please be
aware, any revisions to the element must be posted on the local government’s website
and to email a link to all individuals and organizations that have previously requested
notices relating to the local government’s housing element at least seven days before
submitting to HCD.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City meets housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the effort and cooperation the housing element team provided during
the review. We are committed to assisting the City in addressing all statutory
requirements of State Housing Element Law. If you have any questions or need
additional technical assistance, please contact Hillary Prasad, of our staff, at
Hillary.Prasad@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
City of Saratoga’s 6th Cycle (2023-2031) Draft Housing Element Page 1
October 26, 2022
APPENDIX
CITY OF SARATOGA
The following changes are necessary to bring the City’s housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at
https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section
contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements
(Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the
Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress
in implementation, and reflect the results of this review in the revised element. (Gov. Code,
§ 65588 (a) and (b).)
A thorough program-by-program review is necessary to evaluate City's performance in
addressing housing goals. As part of this analysis, the element should report progress in
implementation, evaluate the effectiveness of programs and make adjustments in current
programs as appropriate. While the element reports progress in implementation, it must
evaluate the effectiveness of programs in achieving the goals and objectives of the housing
element. For example, the element should specifically analyze the effectiveness of several
programs that were essential to past compliance and part of the current programs without
meaningful adjustment, including but not limited to Programs 4-1.5 (Lot Consolidation), 4-
1.6 (Parking: especially for higher density non-affordable developments), 4-4.2 (Special
Needs Zoning), 4-4.4 (Persons with Developmental Disabilities), 4-4.5 (Extremely Low-
income Households) and 4-5.3 (Development Partnerships). Based on the outcomes of this
evaluation, the element should add or modify programs as appropriate.
In addition, as part of the review of programs in the past cycle, the element must provide an
evaluate of the effectiveness of goals, policies, and related actions in meeting the housing
needs of special needs populations (e.g., elderly, persons with disabilities, large
households, female-headed households, farmworkers and persons experiencing
homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
City of Saratoga’s 6th Cycle (2023-2031) Draft Housing Element Page 2
October 26, 2022
Enforcement and Outreach: While the element describes some outreach and capacity
to enforce fair housing laws, it should also include information on local enforcement,
including the characteristics of complaints. In addition, the analysis must address
compliance with existing fair housing laws as well as any past or current fair housing
lawsuits, findings, settlements, judgements, or complaints.
Integration and Segregation: While the element includes recent data for most
requirements, the information on income is from 2015 and should be updated. In
addition, the element notes the significant differences in income relative to the region,
but should analyze those differences, including consideration of local data and
knowledge, other relevant factors (see below) and coincidence with other components
of the assessment of fair housing (e.g., disparities in access to opportunity and
disproportionate housing needs). This analysis is essential to the City’s assessment of
fair housing and appropriate programs should be added to promote housing mobility
and new housing opportunities throughout the City. Lastly the element should describe
any local concentrations of familial status within the City geographically as well as what
contributes to the higher concentration of families within the City in comparison to the
region.
Racial/Ethnic Areas of Concentration of Affluence (RCAA): The element currently uses
2013 data to state there are no RCAAs within the City and describes where they are
regionally. However, HCD’s fair housing data viewer indicates that areas within the City
and much of the immediately surrounding region is considered a RCAA. The analysis
should include updated data regarding the City’s RCAA designations and as noted
above this should be analyzed relative to the broader region, County, and neighboring
communities including the City’s eastern neighbors. For more information, please visit:
https://affh-data-resources-cahcd.hub.arcgis.com.
Disparities in Access to Opportunity: The element provides information on the access to
opportunity through the TCAC opportunity map but must also provide a complete local and
regional analysis of patterns and trends for all components. A comprehensive analysis
should include the local and regional disparities of the educational, environmental, and
economic scores through local, federal, and/or state data. It should also analyze persons
with disabilities as well as access to transit. Please refer to page 35 of the Affirmatively
Furthering Fair Housing (AFFH) guidebook (https://www.hcd.ca.gov/community-
development/affh/index.shtml#guidance) for specific factors that should be considered
when analyzing access to opportunities as it pertains to educational, employment,
environmental, transportation, and any factors that are unique to Saratoga.
Disproportionate Housing Needs Including Displacement: While the element includes
some data on disproportionate needs, additional information is needed. The element
must describe any geographic concentration of cost burden, overcrowding, and persons
experiencing homelessness both locally and regionally. Lastly, the element must
describe and analyze areas sensitive to displacement risk due to disaster (e.g.,
earthquake, fire, and flood).
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AFFH and Identified Sites: While the element includes a summary of fair housing
related to the sites inventory, it must analyze how the identified sites contribute to or
mitigate fair housing issues. An analysis should address all of the income categories of
identified sites with respect to location, the number of units by all income groups and
how that affects the existing patterns for all components of the assessment of fair
housing (e.g., segregation and integration, access to opportunity). This analysis should
specifically address isolation of the regional housing need allocation (RHNA) by income
group and incorporate public comments as appropriate. If sites exacerbate conditions or
isolates the RHNA by income group, the element should identify further program actions
(not limited to the RHNA) that will be taken to promote equitable quality of life
throughout the community (e.g., housing mobility and new opportunities in higher
resource areas).
Local Data and Knowledge: The element notes some County documents (e.g.,
assessment of fair housing) and outreach with stakeholder, but it should incorporate the
relevant content of those documents into the assessment of fair housing.
Other Relevant Factors: The element broadly mentions discriminatory practices in land
use but should discuss the practices of the City, particularly related to zoning and other
land use measures such as local initiatives and combine that discussion with other
relevant factors such as demographics (e.g., tenure, housing types, incomes) and past
investments or lack of investments, including applying for state and federal resources.
Contributing Factors: The element identifies many contributing factors to fair housing
issues. In addition, the element must prioritize these factors to better formulate policies
and programs and carry out meaningful actions to AFFH.
Goals, Actions, Metrics, and Milestones: While the element includes general metrics for
some programs, the element must be revised to add or modify goals and actions based
on the outcomes of a complete analysis. Goals and actions must specifically respond to
the analysis and to the identified and prioritized contributing factors to fair housing
issues and must be significant and meaningful enough to overcome identified patterns
and trends. Actions must have specific commitment, milestones, geographic targeting
and metrics or numerical targets and, as appropriate, address housing mobility
enhancement, new housing choices and affordability in higher opportunity areas
(throughout the City), place-based strategies for community preservation and
revitalization and displacement protection.
2. Include an analysis of population and employment trends and documentation of
projections and a quantification of the locality's existing and projected needs for all
income levels, including extremely low-income households. (Gov. Code, § 65583, subd.
(a)(1).)
Extremely Low-Income (ELI): While the element briefly quantifies ELI households but
should specifically analyze their housing needs, including tenure, overpayment,
available resources and strategies, effectiveness of past program and the magnitude or
City of Saratoga’s 6th Cycle (2023-2031) Draft Housing Element Page 4
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disproportionate impacts on housing needs. Then, the element should add or modify
programs as appropriate.
3. Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding,
and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Housing Cost: While the element includes estimated rents for residents, it utilizes
American Community Survey (ACS) data. The element should supplement census data
with other sources (e.g., local knowledge).
Overpayment: The element must quantify and analyze the number of lower-income
households overpaying by tenure (i.e., renter and owner).
4. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a designated income level, and
an analysis of the relationship of zoning and public facilities and services to these sites.
(Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The City’s RHNA may be reduced by the number of
new units built, approved, or pending since June 30, 2022; however, the element must
demonstrate their affordability based on actual sales price, rent level or other
mechanisms ensuring affordability (e.g., deed restrictions). The element should also
discuss the status, any barriers to development and other relevant factors to
demonstrate the availability or likelihood of development in the planning period.
Small Sites: Sites smaller than a half-acre in size are deemed inadequate to
accommodate housing for lower-income housing unless it is demonstrated that sites of
equivalent size and affordability were successfully developed during the prior planning
period or unless the housing element describes other evidence to HCD that the site is
adequate to accommodate lower-income housing (Gov. Code, § 65583.2, subd.
(c)(2)(A).). The element lists small sites but must also evaluate whether those sites are
suitable to accommodate housing for lower income households and add or modify
programs as appropriate. For example, the element could list past consolidations by the
number of parcels, number of owners, zone, number of units, affordability and
circumstances leading to consolidation and then relate those trends to the identified
sites or could explain the potential for consolidation on a site-by-site basis.
Suitability of Nonvacant Sites: The element must include an analysis demonstrating the
potential for redevelopment of nonvacant sites. While the element includes adequate
analysis for most sites, it should specifically evaluate the potential for redevelopment on
the Village East and Fellowship Plaza Housing Sites. The analysis should address the
extent that existing uses may impede additional residential development. For example,
the element can summarize past experiences converting similar existing uses to higher
density residential development, discuss the lack of market demand for the existing use,
address existing leases or contracts that would perpetuate the existing use or prevent
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additional residential development and consider additional indicators such as age and
conditions or the structure and existing versus allowable floor area. In addition, the
element should describe the appropriateness of zoning and feasibility of developing
additional housing on the Fellowship Plaza Housing site if the developer and owner
acknowledged that they are having difficulty obtaining new funding and a conditional
use permit (CUP) to add additional housing on the site expired in 2013. The element
should also describe how much of the Wardell housing site will be rezoned, and
whether the rezoned portion will include the existing use (p. 6-34).
In addition, specific analysis and actions are necessary if the housing element relies
upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-
income households. For your information, the housing element must demonstrate
existing uses are not an impediment to additional residential development and will likely
discontinue in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). Absent
findings (e.g., adoption resolution) based on substantial evidence, the existing uses will
be presumed to impede additional residential development and will not be utilized
toward demonstrating adequate sites to accommodate the regional housing need
allocation.
Finally, the element identifies sites with existing residential uses. Absent a replacement
housing policy, these sites are not adequate sites to accommodate lower-income
households. The replacement housing policy has the same requirements as set forth in
Government Code section 65915, subdivision (c), paragraph (3).
SB 9 Sites: The element identifies SB 9 as a strategy to accommodate the part of the
City’s need of above-moderate RHNA. To support these assumptions, the analysis must
include experience, trends and market conditions that allow lot splits and missing middle
uses. The analysis must list the potential SB 9 sites and demonstrate the likelihood of
redevelopment, including whether existing uses constitute as an impediment for
additional residential use. The analysis should describe how the City determined eligible
properties, whether the assumed lots will have turnover, if the properties are easy to
subdivide, and the condition of the existing structures. The analysis should also
describe interest from property owners as well as experience. The analysis should
provide support for the 80 units being developed within the planning period. Based on
the outcomes of this analysis, the element should add or modify to establish zoning and
development standards early in the planning period and implement incentives to
encourage and facilitate development as well as monitor development every two years
with and identify additional sites within six months if assumptions are not being met. The
element should support this analysis with local information such as local developer or
owner interest to utilize zoning and incentives established through SB 9.
City-Owned Sites: The element must include additional discussion on each of the City-
Owned sites identified to accommodate the RHNA. Specifically, the analysis should
address general plan designations, allowable densities, support for residential capacity
assumptions, existing uses and any known conditions that preclude development in the
planning period and the potential schedule for development. If zoning does not currently
allow residential uses at appropriate densities, then the element must include programs
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to rezone sites pursuant to Government Code section 65583.2, subdivisions (h) and (i).
In addition, the housing element must include a description of whether there are any
plans to sell the property during the planning period and how the jurisdiction will comply
with the Surplus Land Act Article 8 (commencing with Section 54220) of Chapter 5 of
Part 1 of Division 2 of Title 5.
Accessory Dwelling Units (ADU): The element projects 480 ADUs over the planning
period or approximately 60 ADUs per year over the eight-year planning period. The
element also notes permitting 16 ADUs in 2018, 24 in 2019, 68 in 2020, and 69 in 2021.
These trends are inconsistent with HCD records (nothing reported in 2018, 24 in 2019,
43 in 2020, and 66 in 2021) and do not support an assumption of 60 ADUs per year. To
support assumptions for ADUs in the planning period, the element should reduce the
number of ADUs assumed per year and reconcile trends with HCD records, including
additional information such as more recent permitted units and inquiries, resources and
incentives, other relevant factors and modify policies and programs as appropriate.
Availability of Infrastructure: While the element generally discusses water and sewer
infrastructure capacity, it should clearly state whether there is sufficient existing or
planned capacity to accommodate the RHNA.
For your information, water and sewer service providers must establish specific
procedures to grant priority water and sewer service to developments with units
affordable to lower-income households. (Gov. Code, § 65589.7.) Local governments are
required to immediately deliver the housing element to water and sewer service
providers.
Environmental Constraints: While the element generally describes a few environmental
conditions, it must relate those conditions to identified sites and describe any other
known environmental or other constraints that could impact housing development on
identified sites in the planning period.
Zoning for a Variety of Housing Types:
• Emergency Shelters: The element indicates the CN (RHD) zone permits
emergency shelters by right including adoption of design and development
standards but should also clarify emergency shelters are permitted without
discretionary action, describe capacity and potential for reuse, including proximity
to transportation and services for these sites and any conditions in appropriate
for human habitability. In addition, the element should list and analyze the actual
design and development standards, including how parking requirements comply
with AB139/Government Code section 65583, subdivision (a)(4)(A) or include a
program to comply with this requirement.
• Housing for Employees: The Employee Housing Act permits housing under
specific provisions. Section 17021.5 requires employee housing for six or fewer
employees to be treated as a single-family structure and permitted in the same
manner as other dwellings of the same type in the same zone. Section 17021.6
requires employee housing consisting of no more than 12 units or 36 beds to be
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permitted in the same manner as other agricultural uses in the same zone. The
element must demonstrate compliance with these requirements and include
programs as appropriate.
• Manufactured Housing: Manufactured homes that are built on a permanent
foundation must be allowed in the same manner and in the same zones as
conventional or stick-built structures. Specifically, manufactured homes on a
permanent structure should only be subject to the same development standards
that a conventional single-family residential dwelling would be subject to. The
element must demonstrate consistency with this requirement or add or modify
programs as appropriate.
• Accessory Dwelling Units (ADUs): The element indicates the City modified its
zoning code to ease barriers to the development of ADU’s. However, after a
cursory review of the City’s ordinance, HCD discovered several areas which are
not consistent with State ADU Law. HCD will provide a complete listing of ADU
non-compliance issues under a separate cover. As a result, the element should
add a program to update the City’s ADU ordinance in order to comply with state
law. For more information, please consult HCD’s ADU Guidebook, published in
December 2020, which provides detailed information on new state requirements
surrounding ADU development.
5. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures... (Gov. Code, § 65583, subd.
(a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls
impacts as potential constraints on a variety of housing types. The analysis should
analyze land use controls independently and cumulatively with other land use controls.
The analysis should specifically address requirements related to parking, heights, lot
coverage, minimum lot size and limits on allowable densities. The analysis should
address any impacts on cost, supply, housing choice, affordability, timing, approval
certainty and ability to achieve maximum densities and include programs to address
identified constraints. For example:
• The element must identify and analyze heights and maximum lot coverage are
allowed in the P-A, CN, C-N(RHD), C-V, CH-1, and CH-2 zones as well as the
maximum density allowed and open space requirements in the C-N(RHD) zone.
• The element should also analyze the 40 percent maximum lot coverage
(including all impervious surfaces), setbacks, and two-story height limits in
multifamily zones as constraints on development and add programs as
appropriate.
• The element should identify and analyze the specific findings in the P-A zone
when more than 50 percent of the total floor area is residential (the identified note
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October 26, 2022
is missing on page 4-5) and whether the CUP requirements are constraints for
multifamily development in that zone.
• The element must identify the allowed densities in the R-M 5,000, R-M 4,000,
and R-M 3,000 zones.
• Page 4-10 lists densities for multifamily based on population density per acre as
well as dwelling units per acre. The element must analyze how the population
density requirement is determined for a project, how it interacts with the dwelling
unit per acre standard, and weather it acts as a development cap for proposed
projects.
• The element should discuss minimum lot sizes and any impacts on identified
sites to accommodate the RHNA.
• The element must analyze the parking requirements (p. 4-13) of one garage
space and 1.5 additional spaces per dwelling unit or one garage space and an
additional 0.5 space for a one-bedroom unit. This is particularly important since
parking requirements were identified as a constraint in the prior housing element
and the program appears to only have been partially implemented. Should the
analysis determine the parking standards or permit procedures are a constraint
on residential development, it must include a program to address or remove any
identified constraints.
Fees and Exaction: While the element includes the cumulative impact of fees on single
family and multifamily development on a per unit basis, it should clarify whether the
analysis includes all impact fees, including non-locally controlled fees or modify the
analysis as appropriate.
Local Processing and Permit Procedures: The element must describe the processing
and permit procedures for a typical single-family and multifamily development. The
analysis should address the approval body, the number of public hearings if any,
approval findings, design review and any other relevant information. The analysis
should address impacts on housing cost, supply, timing, feasibility, and approval
certainty.
Measure G: While the element describes Measure G (p. 4-24) which only allows the
City to amend residential and parkland designations by the vote of the people, it does
include some exemptions for certain state laws. The element must clarify whether the
rezone needed to accommodate the City’s RHNA is an exemption. If the rezone is not
exempt, the element must add a program to make the zoning available pursuant to
statutory requirements, including timing provisions. In addition, the element should
analyze the impacts of the voter approval on housing supply, cost, timing and feasibility
and add or modify programs as appropriate to address identified constraints.
Codes and Enforcement: The element must describe and analyze any local
amendments to the building code and their degree and type of enforcement for impacts
on housing supply and affordability.
Constraints on Housing for Persons with Disabilities: The element must include an
analysis of zoning, development standards, building codes, and process and permit
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procedures as potential constraints on housing for persons with disabilities. The
analysis must describe the findings and approval procedure for the City’s Reasonable
Accommodation procedure. In addition, the element must describe and analyze how
group homes for six or fewer and seven or more are allowed within the City and add
programs as appropriate. For your information, zoning should simply implement a
barrier-free definition of family instead of subjecting, potentially persons with disabilities,
to special regulations such as the number of persons, population types and licenses.
These housing types should not be excluded from residential zones, most notably
lower-density zones, which can constrain the availability of housing choices for persons
with disabilities. Requiring these housing types to obtain a special use or CUP could
potentially subject housing for persons with disabilities to higher discretionary
exceptions processes and standards where an applicant must, for example,
demonstrate compatibility with the neighborhood, unlike other residential uses.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period,
each with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the Housing Element... (Gov. Code,
§ 65583, subd. (c).)
To have a beneficial impact and achieve the goals and objectives of the housing
element, program should have specific commitment, discrete timing (e.g., at least
annually) and numerical objectives where appropriate. Examples of programs to be
revised include:
• Programs 1-2.3 (Encourage and Facilitate Lot Consolidation), 3-1.1 (Pre-
Approved Plan Sets for ADUs), and 3-1.2 (Reduced Fees for ADUs and JADUs):
The programs must include proactive outreach during the planning period.
• Program 2-2.1 (Community Education Regarding the Availability of Rehabilitation
Programs): The program should include specific timing related to outreach during
the planning period. In addition, the element should modify the identified
quantified objectives to match the metric associated with this program.
• Program 2-2.2 (Code Compliance Program): The program should include specific
timing tied to enforcement as well as program implementation.
• Program 3-1.4 (Educational Campaign and Information): The program should
include specific timing related to outreach during the planning period.
• Program 5-2.2 (Develop Comprehensive Outreach Strategy for Housing): This
program should include specific timing of when the strategy will be updated. In
addition, the program should include proactive outreach throughout the planning
period.
2. Identify actions that will be taken to make sites available during the planning period with
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appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need
for each income level that could not be accommodated on sites identified in the
inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and
to comply with the requirements of Government Code section 65584.09. Sites shall be
identified as needed to facilitate and encourage the development of a variety of types of
housing for all income levels, including multifamily rental housing, factory-built housing,
mobilehomes, housing for agricultural employees, supportive housing, single-room
occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583,
subd. (c)(1).)
As noted in Finding B4, the element does not include a complete site analysis;
therefore, the adequacy of sites and zoning were not established. Based on the results
of a complete sites inventory and analysis, the City may need to add or revise programs
to address a shortfall of sites or zoning available to encourage a variety of housing
types. In addition, the element should be revised as follows:
Program 1-1.1 (Adequate Sites for Housing or RHNA Rezoning): The program must
commit to allowable densities, appropriate development standards to facilitate maximum
densities. The program must also commit to all of the by-right requirements pursuant to
Government Code section 65583.2, subdivisions (h) and (i)., including but not limited to
permitting development with 20 percent or more of the units are affordable to lower
income households without discretionary action, requiring minimum densities,
accommodating at least 16 units per site and residential performance standards.
Program 1-2.4 (Lot Consolidation Program): The program must include a commitment
to establish incentives by a specified date, beyond “consider appropriate” incentives,
especially with the strong reliance on lot consolidation to accommodate the lower-
income RHNA. In addition, the program should be modified based on the outcomes of
the review and revise of the previous program and include a mid-term evaluation of the
effectiveness of the program and commit to adjustment as necessary. This is
particularly important given the apparent lack of implementation or outcomes in the prior
planning period.
Program 3-2.4 (Low Barrier Navigation Center): The program should clarify zoning will
be updated to permit these uses in multifamily zones as well as mixed use zones
pursuant to Government Code section 65660.
Sites Identified in Prior Planning Periods: The element identifies sites from the prior
planning period and as a result must include a program to make the site available or
remove the site. The program must be implemented within the first year or three years
of the planning period and commit to zoning that will meet the density requirements for
housing for lower-income households and allow by-right approval for housing
developments that include 20 percent or more of its units affordable to lower-income
households.
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3. The Housing Element shall contain programs which assist in the development of
adequate housing to meet the needs of extremely low-, very low-, low- and moderate-
income households. (Gov. Code, § 65583, subd. (c)(2).)
Program 4-3.1 (Development of Housing for ELI): This program should describe what
additional incentives are provided for developments with ELI units. In addition, the
element should include specific time of when the incentives will be implemented and
steps beyond meeting with developers such as annually identifying development
opportunities.
Special Needs: While the element includes programs to assist in the development of
very low-, low-, and moderate-income and some special needs households, it must also
include a program(s) to assist in the development of housing for all special needs
households (e.g., elderly, homeless, farmworkers, persons with disabilities, female-
headed households). Program actions could include proactive outreach and assistance
to non-profit service providers and developers, prioritizing some funding for housing
developments affordable to special needs households and offering financial incentives
or regulatory concessions to encourage a variety of housing types.
4. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with
disabilities. The program shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for occupancy by, or with
supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding B5, the element requires a complete analysis of potential
governmental constraints. Depending upon the results of that analysis, the City may
need to revise or add programs and address and remove or mitigate any identified
constraints. In addition, the element should be revised as follows:
Program 3-2.1 (Increase C-H Height Limit): The program should clarify whether the 35-
foot height limit in the C-H zones will allow 3 story developments by-right.
Program 3-2.2 (Reduced Setbacks for Smaller Parcels): The element should describe
what the setbacks for small parcels will be reduced to, and what size parcels would
qualify for the reduction.
Program 4-1.1 (Continue to Implement Density Bonus Ordinance): The program should
be revised to commit to steps beyond an annual assessment and revise the ordinance
by a specified date.
5. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion,
sex, marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics... (Gov. Code, § 65583, subd. (c)(5).)
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As noted in Finding B1, the element must include a complete analysis of AFFH. The
element must be revised to add goals and actions based on the outcomes of a complete
analysis.
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all
economic segments of the community in the development of the Housing Element, and the
element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
While the element includes a summary of the public participation process, the element
should also demonstrate diligent efforts were made to involve all economic segments of the
community in the development of the housing element. The element could describe the
efforts to circulate the housing element among low- and moderate-income households and
organizations that represent them and to involve such groups and persons in the element
throughout the process. The element could also describe which organizations participated
and provided feedback out of the organizations that were contacted and describe how the
City notified organizations of small group meetings. The element should also describe
whether translations services were available throughout the process. In addition, while the
element describes how public comments were received and incorporated during the 30-day
review period, it should summarize and describe how public comments were considered
and incorporated throughout the entire review process.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916)263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 6, 2022
Trudi Ryan, Director
Community Development Department
City of Sunnyvale
456 West Olive Avenue
Sunnyvale, CA 94086
Dear Trudi Ryan:
RE: City of Sunnyvale’s 6th Cycle (2023-2031) Draft Housing Element
Thank you for submitting the City of Sunnyvale’s (City) draft housing element update
received for review on July 8, 2022. Pursuant to Government Code section 65585,
subdivision (b), the California Department of Housing and Community Development
(HCD) is reporting the results of its review. Our review was facilitated by a conversation
on September 6 and 22, 2022 with you, Ryan Dyson, Housing Specialist; Jenny Carloni,
Housing Officer; and your consultants, Chelsey Payne, Kim Untermoser, and Rebecca
Pope. In addition, HCD considered comments from YIMBY Law, Livable Sunnyvale,
TransForm, Greenbelt Alliance, and SV @ Home, pursuant to Government Code
section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing
Element Law.
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City must continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available while considering and incorporating comments where appropriate. Please be
aware, any revisions to the element must be posted on the local government’s website
and to email a link to all individuals and organizations that have previously requested
notices relating to the local government’s housing element at least seven days before
submitting to HCD.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
ATTACHMENT 7
Trudi Ryan, Director
Page 2
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City will meet housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the hard work and dedication you, Ryan Dyson, Housing Specialist;
Jenny Carloni, Housing Officer; and your consultants, Chelsey Payne, Kim Untermoser,
and Rebecca Pope, provided in preparation of the City’s housing element and looks
forward to receiving the City’s adopted housing element. If you have any questions or
need additional technical assistance, please contact Shawn Danino, of our staff, at
shawn.danino@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
City of Sunnyvale’s 6th Cycle (2023-2031) Draft Housing Element Page 1
October 6, 2022
APPENDIX
CITY OF SUNNYVALE
The following changes are necessary to bring the City’s housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at
https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section
contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements
(Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the
Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Disproportionate Housing Needs, Including Displacement Risk: The element reports
data on housing conditions and persons experiencing homelessness; however, it should
also utilize local data and knowledge and analyze the patterns and magnitude of needs
throughout the City. For example, the element discusses a housing condition survey
and observations by City staff but could also discuss neighborhood planning areas with
higher and less concentrations of housing rehabilitation needs. Further, the element
briefly mentions the number of persons experiencing homelessness and
disproportionate needs relative to protected characteristics such as disability and race
but should also discuss patterns (areas of higher and lower need) throughout the City
and access to opportunities such as shelter and services.
Affirmatively Furthering Fair Housing (AFFH) and Identified Sites: The element provides
some analysis of the identified sites and socio-economic concentrations and brief
statements on areas such as displacement vulnerability in the downtown area and high
proportion of the regional housing need allocation (RHNA), including lower-income in
northern planning areas. However, it should provide some quantification by area and
evaluate the impacts on the existing patterns of socio-economic characteristics. For
example, the element should discuss the impacts of isolating a large portion of the
RHNA by income group or lack of RHNA by income group in other planning areas. A
complete analysis should fully assess how the site inventory is expected to improve
and/or exacerbate fair housing conditions. This analysis should address the location,
number of units by income group, magnitude of the impact and any isolation of the
RHNA and could consider topics such as existing or proposed anti-displacement
policies and place-based investments, and how such strategies will improve fair housing
conditions when paired with the identified sites. Based on the outcomes of this analysis,
the element should add or modify programs.
City of Sunnyvale’s 6th Cycle (2023-2031) Draft Housing Element Page 2
October 6, 2022
Local Data and Knowledge and Other Relevant Factors: The element provides
demographics and information on housing choice vouchers and location of publicly
supported affordable housing. However, the purpose of local data and knowledge and
other relevant factors is to complement state and federal data and complete an analysis
of fair housing conditions. The element could consider knowledge from City officials
such as the Neighborhood Preservation staff and other related planning and needs
assessment documents such as infrastructure assessments or capital improvement
programs. Other relevant factors could include past and current land use and zoning
practices (e.g., low intensity, specific plans, inclusionary) and state, federal and local
investments, including transportation relative to socio-economic patterns.
Contributing Factors to Fair Housing Conditions: Based on a complete analysis, the
element should re-assess and prioritize contributing factors.
Goals, Priorities, Metrics, Actions & Milestones: While the element provides additional
analysis and identifies contributing factors to fair housing issues, it does not include
sufficient action to overcome patterns of segregation and foster inclusive communities.
As a result, programs must be added as appropriate to sufficiently respond to
contributing factors to fair housing issues. In addition, all actions related to AFFH must
contain specific commitment, timing, geographic targeting and metrics or numerical
targets.
The element may, for example, as discussed on the August 11, 2022 call, revise
Program H20 (Zoning Code Amendments) to make a firm commitment for removing
design review requirements and establishing development standards for missing middle
housing types that are feasible in higher opportunity or income areas. The element may
also, for example, revise Program H20 to allow SROs by right in additional zones, for
example in the El Camino Real Specific Plan Area. To improve housing opportunities for
persons experiencing homelessness or lower-income households employed in the City,
the element could also evaluate zones to expand residential uses, including the North
Washington District or target investments such as Project Homekey in areas of higher
need and opportunity. The City may also, for example, discuss its efforts to improve
pedestrian safety and active mobility as a way to increase access to opportunity.
Additionally, the element should commit to assessing and revising programs through a
mid-cycle review. Please see HCD’s AFFH memo for more information:
https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27-
2021.pdf#page=23.
2. Include an analysis of population and employment trends and documentation of
projections and a quantification of the locality's existing and projected needs for all
income levels, including extremely low-income households. (Gov. Code, § 65583, subd.
(a)(1).)
Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding,
and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
City of Sunnyvale’s 6th Cycle (2023-2031) Draft Housing Element Page 3
October 6, 2022
Analyze any special housing needs such as elderly; persons with disabilities, including a
developmental disability; large families; farmworkers; families with female heads of
households; and families and persons in need of emergency shelter. (Gov. Code,
§ 65583, subd. (a)(7).)
Extremely Low-Income (ELI) Households: The element includes analysis regarding ELI
households such as the number of households and overpayment but must also identify
projected housing needs. The projected housing need for ELI households can be
calculated by using available census data to determine the number of very low-income
households that qualify as ELI households or presume that 50 percent of the RHNA for
very low-income households qualify as ELI households.
Overpayment: The element must quantify and analyze the number of lower-income
households overpaying by tenure (i.e., renter and owner).
Housing Costs: While the element includes estimated rents for residents, it utilizes
American Community Survey (ACS) data. The element should supplement census data
with other sources (e.g., local knowledge).
Special Needs Populations: While the element quantifies the City’s special needs
populations, it must also analyze their special housing needs, particularly for persons
with disabilities, large households, and female-headed households. For a complete
analysis, the element should discuss challenges faced by the population, the existing
strategies, and resources to meet those needs, an assessment of any gaps in
resources and magnitude of needs, and proposed policies, programs, and funding to
help address those needs.
3. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a designated income level, and
an analysis of the relationship of zoning and public facilities and services to these sites.
(Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The City’s RHNA may be reduced by pending,
approved, or completed projects; however, the element must demonstrate their
availability in the planning period. The element lists many projects by affordability and
status in various stages of the entitlement process, including several projects that are
pending approval. The element should generally discuss any remaining steps, barriers
to development, phasing, build out or planning horizons and other relevant factors to
demonstrate their availability in the planning period.
Realistic Capacity: The element describes a realistic capacity of 9,626 units as part of
the Moffett Park Specific Plan, 3,852 of which will be available to lower-income
households, with a realist capacity of 100 percent of allowable densities in the planning
period. However, the element must clarify, as stated on the September 22, 2022 call,
the build out period for the Specific Plan and provide supporting evidence that these
units will be constructed during the planning period.
City of Sunnyvale’s 6th Cycle (2023-2031) Draft Housing Element Page 4
October 6, 2022
Additionally, the element should support or adjust realistic residential capacity
assumptions in the Downtown Specific Plan and El Camino Real Specific Plan. For the
Downtown Specific Plan, the element should support the assumption of 100 percent of
maximum base densities based on land use controls and recent trends by affordability.
This analysis may utilize minimum density policies (Policy H-1.4). For the El Camino
Real Specific Plan, the element should discuss assumptions relative to the 10 to 15
year build out period that exceed the 8 year housing element planning period.
Suitability of Nonvacant Sites: The element must include analysis demonstrating the
potential for additional development on nonvacant sites. While the element mentions
underutilized sites were identified based on assessed value (AV) and floor area (FAR)
ratios, it must support the validity of these assumption in demonstrating the potential for
redevelopment. For example, the element could utilize recent development activity. In
addition, the element should consider additional factors such as building age, structural
conditions, expressed interest in residential development and reflect those values in the
sites inventory. Finally, the element should account for the extent existing uses impede
additional residential development including market demand for the existing use and
existing leases or contracts that would perpetuate the existing use or prevent additional
residential development.
In addition, if the housing element relies upon nonvacant sites to accommodate more
than 50 percent of the RHNA for lower-income households, the housing element must
demonstrate existing uses are not an impediment to additional residential development
and will likely discontinue in the planning period (Gov. Code, § 65583.2, subd. (g)(2).).
Absent findings (e.g., adoption resolution) based on substantial evidence, the existing
uses will be presumed to impede additional residential development and will not be
utilized toward demonstrating adequate sites to accommodate the RHNA.
Environmental Constraints: While the element generally describes environmental
constraints were considered (p. C-68), it must also describe any other known
environmental or other conditions (e.g., shape, easements, contamination) that could
impact housing development on identified sites in the planning period.
Priority Water and Sewer: For your information, water and sewer service providers must
establish specific procedures to grant priority water and sewer service to developments
with units affordable to lower-income households. (Gov. Code, § 65589.7.) The element
should demonstrate compliance with this requirement or include a program to establish
a procedure by a specified date.
Electronic Sites Inventory: For your information, pursuant to Government Code section
65583.3, the City must submit an electronic sites inventory with its adopted housing
element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-
community-development/housing-elements for a copy of the form and instructions. The
City can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance.
City of Sunnyvale’s 6th Cycle (2023-2031) Draft Housing Element Page 5
October 6, 2022
Zoning for a Variety of Housing Types:
• Accessory Dwelling Units (ADUs): HCD records indicate permitted ADUs of 29 in
2018, 17 in 2019, 56 in 2020, and 30 in 2021, figures that are inconsistent with
those in the element submitted. The element should reconcile these numbers,
resubmit Annual Progress Reports (APRs) and adjust assumptions as
appropriate.
In addition, after a cursory review of the City’s ordinance, HCD discovered some
areas which are not consistent with State ADU Law. HCD will provide a complete
listing of ADU non-compliance issues under a separate cover. As a result, the
element should add a program to update the City’s ADU ordinance to comply
with state law.
• Single Room Occupancies (SRO): The element describes the zones in which
SROs are currently permitted. However, given the success of SROs in providing
housing for ELI households, the element should also describe how zoning will
encourage and facilitate SRO development.
4. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures... (Gov. Code, § 65583, subd.
(a)(5).)
Land Use Controls: The element identifies many land use controls as potential
constraints on a variety of housing types. However, the analysis should analyze land
use controls independently and cumulatively with other land use controls. The analysis
should specifically address requirements related to floor area ratios, open space,
setbacks, height limits, parking and limits on allowable densities. The analysis should
address any impacts on cost, supply, housing choice, affordability, timing, approval
certainty and ability to achieve maximum densities and include programs to address
identified constraints.
Fees and Exactions: The element includes some discussion of required fees for single
family and multifamily housing development, including impact fees. However, the
element must analyze their impact as potential constraints on housing supply and
affordability. For example, the analysis could identify the total amount of fees on ADUs,
Junior Accessory Dwelling Units (JADUs), and other forms of small housing, and
analyze their proportion to the development costs for both single family and multifamily
housing. Specifically, the element must analyze the use of its $95,832 park in-lieu fee
applied to lot splits in addition to all “Sense of Place” fees provided. For additional
information and a sample analysis and tables, see the Building Blocks at
http://www.hcd.ca.gov/community-development/building-blocks/constraints/fees-and-
exactions.shtml.
City of Sunnyvale’s 6th Cycle (2023-2031) Draft Housing Element Page 6
October 6, 2022
Processing and Permit Procedures: While the element provides a description of the
types of permits required for housing developments (p. 6-31), it must describe and
analyze the permits’ processes, identify what is reviewed, typical findings and approval
procedures by zone and housing type. The analysis must specifically address the
threshold for a conditional use permit on multifamily uses and special development
permits. The analysis must evaluate impacts on housing supply (number of units),
costs, timing, feasibility and approval certainty.
Persons with Disabilities: The element identifies the definition of family and concludes
the definition is not a constraint on housing for persons with disabilities. However, the
element should evaluate the impacts of the provision for an “individual or group is in
possession of the entire unit” and include a program to address identified constraints.
B. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period,
each with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the Housing Element... (Gov. Code,
§ 65583, subd. (c).)
Some programs list implementation timelines as “ongoing.” While this may be
appropriate for some programs, programs with specific implementation actions must
include completion dates resulting in beneficial impacts within the planning period.
Examples include Program H6 (Affordable Housing Development Assistance) and H29
(Programs to Address Homelessness).
Additionally, several programs and actions have timelines that should be moved earlier
in the planning period to ensure a beneficial impact. Examples include Programs H4
(ADU Toolkit with Preapproved Plans and DUO Units), H17 (Open Space
Requirements), H18 (Review Development Fees).
Additionally, programs must have specific commitment to clear outcomes or
deliverables. Several programs include actions with no description of how those actions
will be implemented (e.g., “support”, “study”, “explore”, “evaluate”, etc.,). For example,
Program H18 states that the City will "review and consider whether reductions to the
park in-lieu fee... and development impact fees are appropriate". However, it does not
state when and to what extent these fees will be reduced. Programs should be
amended, to include specific commitment to a housing related outcome. Examples
include Programs H3 (Increase Affordable Housing in High Resource Areas), H12
(Preservation of Government Assisted Housing, H16 (El Camino Real Specific Plan
Active Ground Floor Requirement), H17 (Open Space Requirements) H18 (Review
Development Fees), H19 (Adaptive Reuse), H20 (Preventing Displacement /
Homelessness), H29 (Programs to Address Homelessness), H32 (New Age Friendly
Housing), H35 (Prioritize Capital Improvement Program in low resource areas).
City of Sunnyvale’s 6th Cycle (2023-2031) Draft Housing Element Page 7
October 6, 2022
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need
for each income level that could not be accommodated on sites identified in the
inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and
to comply with the requirements of Government Code section 65584.09. Sites shall be
identified as needed to facilitate and encourage the development of a variety of types of
housing for all income levels, including multifamily rental housing, factory-built housing,
mobilehomes, housing for agricultural employees, supportive housing, single-room
occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583,
subd. (c)(1).)
As noted in Finding A3, the element does not include a complete site analysis;
therefore, the adequacy of sites and zoning were not established. Based on the results
of a complete sites inventory and analysis, the City may need to add or revise programs
to address a shortfall of sites or zoning available to encourage a variety of housing
types.
3. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for
housing designed for, intended for occupancy by, or with supportive services for, persons
with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding A4, the element requires a complete analysis of potential
governmental and nongovernmental constraints. Depending upon the results of that
analysis, the City may need to revise or add programs and address and remove or
mitigate any identified constraints.
In addition, Program H20 (Zoning Amendments) commits to amend zoning (“as
necessary”) to ensure requirements for group homes (6 or fewer and seven or more
persons) are consistent with fair housing requirements. These uses, in most cases, are
either excluded from residential zones or subject to a use permit which typically acts as
a constraint on housing for persons with disabilities. The Program should specifically
commit to amend zoning to allow these uses in all residential zones and replace or
revise procedures to promote objectivity and approval certainty.
4. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion,
sex, marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding A1, the element must include a complete assessment of fair
housing. Based on the outcomes of that analysis, the element must add or modify
programs. Programs to AFFH should go beyond status quo actions, include specific
commitment, timing, geographic targeting and metrics or numerical targets and should,
City of Sunnyvale’s 6th Cycle (2023-2031) Draft Housing Element Page 8
October 6, 2022
as appropriate, address housing mobility, encourage new housing choices in higher
resource areas, improve place-based strategies toward community revitalization and
protect existing residents from displacement.
5. The housing program shall preserve for low-income household the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a)... (Gov. Code, §
65583, subd. (c)(6).)
Program H12 states an objective to preserve 46 at risk units and notes the importance
of facilitating long-term preservation of existing below market rate housing, committing
to “track affordability agreements” (p. 2-10). However, the program should make a
specific and firm commitment to maintain the long-term affordability of these units,
including compliance with all noticing requirements, coordination with qualified entities
and assistance with funding and support, education and assistance for tenants.
6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units
that can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).)
Program H4 (ADU Toolkit) should commit to monitor permitted ADUs and affordability
every other year and take appropriate action such as adjusting assumptions or rezoning
within a specified time (e.g., 6 months) if assumptions are not realized. In addition, as
noted in Finding A3, the Program should commit to amend the ordinance as necessary
to comply with ADU law by a specified date.
C. Public Participation
Local governments shall make a diligent effort to achieve public participation oof all
segments of the community in the development of the Housing Element and the element
shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
While The City made extensive efforts to reach the public, including hosting events and
meeting with key stakeholders and summarizing community feedback, it should also
discuss how input was incorporated into the housing element.
In addition, HCD received comments with many meaningful and valuable suggestions
related to the housing element and HCD strongly encourages the City to consider and
address these comments, including revising the document as appropriate. Examples
include park-in-lieu fees for lot splits, timing and affordability of housing in specific plans
(e.g., Moffett Park Specific Plan), specific commitment with metrics to promote housing
choices or affordability in relatively higher income neighborhoods, additional suitable sites
(e.g., Village Centers along Hollenbeck Avenue and Homestead Road), parking and
facilitating missing middle housing types throughout the City.
From: Lee Fagot <>
Sent: Monday, October 31, 2022 9:30 PM
To: Laurel Prevetti <LPrevetti@losgatosca.gov>; Arn Andrews <aandrews@losgatosca.gov>; Rob Rennie
<RRennie@losgatosca.gov>; Maria Ristow <MRistow@losgatosca.gov>; Marico Sayoc
<MSayoc@losgatosca.gov>; Mary Badame <MBadame@losgatosca.gov>; Matthew Hudes
<MHudes@losgatosca.gov>
Cc: Joel Paulson <jpaulson@losgatosca.gov>
Subject: Item NOT on the Agenda for Nov 1 Council Meeting
Council and Staff,
I regret I am not able to join the meeting Nov 1, but want to submit this message, as a resident of Town,
not representing anyone but myself, for your consideration of an item that was not on the Agenda, but I
believe needs further consideration by the Council very soon:
Several concerns have been expressed by citizens that the far reaching impact of the increased housing
opportunities listed throughout Town as submitted to HCD to satisfy RHNA allocation for development,
or in some sites, for redevelopment for more housing, will have a very deleterious impact on our
community:
•The final version of the submission was NOT reviewed by the Town Council nor citizens, and
while not required by law, voids the kind of oversight citizens expect in their Town government.
•Confusion whether the Town listed sites, heights and densities can be changed once ratified in
the final GP or Housing Element. Folks misunderstood that these could be reduced at a later
date, but in fact can only be increased or maintained.
•Townsfolk were led to believe there was a “90 day allowance” for revisions to the HCD
submission after Jan 31, 2023. This communication error needs to be made public - no such
grace period.
•Most importantly, the changes to all the impacted designations for sites density and height
should NOT be Town-wide, but limited to the individual sites to be specified in the
document. Not doing so allows building to be done any place in the labeled “land use
designation” once the new zoning laws are approved.
•There is an absence of specifying how identifying a variety of sites helps achieve the various
housing needs for different income levels, and this should be better defined in the draft.
The consequence of the Council not reviewing, with public participation before submission, has lead to
the confusion I believe each of you have witnessed, especially, while also trying to develop the new
2040 GP at the same time, which necessitated citizens to take action with the referendums. And most
importantly, the submitted document to HCD provided the possibility of “overdevelopment”, yes,
12,000 + new housing units, in the 2040 GP due not specifying exactly where in the zones the sites will
be identified. Consider also the changes possible in Town due to SB 35 and other bills coming out of
Sacramento usurping local governance in housing as developers only have to meet the current codes at
the time of development. Recognize this next 8 year RHNA allocation of 1993 + 15% is already more
than 3 times any prior target or even achieved goal.
More clarity, more Council and community review for consistency is necessary, and ASAP. Approving all
the sites with the false and wishful thinking “it won’t get built” is not the way we want our local
government to function. For example, full build out in MIXED USE COMMERCIAL design alone, at the
new Density, would achieve the assigned 1993 + target.
ATTACHMENT 8
Therefore, please convene a special workshop ASAP to demand the two Elements under review to put in
place the design and density targets ONLY to the specific sites, not all the acreage in those zones. Do this
now so you can amend the submission currently being reviewed by HCD so you can meet the Jan 31,
2023. Remember too, the committees and commissions are additional resources you can bring to work
with you on this task.
We have a competent and hard working Town Staff and our Council has committed significant time and
energy to work for our community. THANK YOU.
And, now, please channel these resources to this housing number challenge so our Town maintains its
SMALL TOWN and vibrant character. The 2040 GP can be dealt with after you sort out the sites and
design elements in this new - 1993 targeted - RHNA allocation.
Thank you again, and know folks are appreciative of how challenging all this is, and wish you success
over these next few months with this issue and learning how the process is going.
Lee Fagot
.
From: Phil Koen
Sent: Saturday, October 29, 2022 7:03 AM
To: Laurel Prevetti <LPrevetti@losgatosca.gov>; Joel Paulson <jpaulson@losgatosca.gov>
Cc: Matthew Hudes <MHudes@losgatosca.gov>; Mary Badame <MBadame@losgatosca.gov>; Maria
Ristow <MRistow@losgatosca.gov>; Marico Sayoc <MSayoc@losgatosca.gov>; Rob Rennie
<RRennie@losgatosca.gov>; Gabrielle Whelan <GWhelan@losgatosca.gov>; Rick
Van Hoesen () <>; David Weissman
<>; Lee Fagot <>; ;
; ; Brent Ventura <>; 'Jim
Foley' <>
Subject: 120 day grace period and statutory deadline of January 31, 2023
Dear Ms. Prevetti,
At the Town Council meeting on October 18, the Staff memo for agenda item 11 (attached) stated, “The
Town has a legal obligation to adopt the final Housing Element within 120 days of the statutory deadline
of January 31, 2023.” This suggests the Town has until May 31, 2023, to adopt a compliant Housing
Element. However, this is incorrect and is based on a fundamental misunderstanding of statutory
provisions and a misunderstanding of the authority California’s Department of Housing and Community
Development (HCD) under the Housing Accountability Act (HAA). HCD has confirmed that there is no
120-day grace period as suggested by the Staff report.
As pointed out in the attached notification from HCD, the Town has a legal obligation to adopt a
compliant Housing Element by January 31, 2023. If an adopted housing element is not found
substantially compliant by HCD as of the statutory deadline of January 31, 2023, it will be out of
compliance and the onerous, “builder’s remedy,” will be in effect, along with all other consequences
such as ineligibility for certain funding.
We also have attached two technical notes from the Association of Bay Area Governments (ABAG)
which further discusses the timeline for adoption of the Housing Element and the “builder’s remedy”.
The ABAG technical notes point out that HCD approval is not required for a housing element to be found
substantially compliant with State Law. The Town may adopt its own findings explaining why its housing
element is substantially compliant with State law despite HCD’s contrary findings. However, it is
extremely difficult to see how the Town Council could legally and in good faith make such a finding in
the absence of a certified 6th cycle Housing Element.
The Staff report to the Housing Element Advisory Board (HEAB) dated October 14, 2022 (attached) also
incorrectly mentions, “the Town’s legal obligation to adopt a final Housing Element within 120 days of
the statutory deadline of January 31, 2023.” The memo goes on to set forth, “next steps,” once the
Town receives HCD’s written comment letter on the initial draft of the Housing Element, which draft was
submitted to HCD for review on October 14, 2022. Based on the HCD’s published guidelines, the HCD’s
written comment letter is expected to be received within 90 days of the submittal date. That suggests
the Town will receive HCD’s written comment letter on or around January 12, 2023. This would leave
the Town only 13 business days to complete all of the tasks outlined in the Staff report to the HEAB.
Based on the facts as we know them today, it is highly likely – if not almost certain – that the Town will
not meet the statutory deadline of January 31, 2023. This certainly heightens the possibility that the
powerful Builder’s Remedy will soon be available in the Los Gatos housing market. We strongly suggest
that the Staff review all of the implications of missing this very important statutory deadline and advise
both the Town Council and the HEAB of the consequences.
Lastly, we have attached the Planning Commission minutes of the April 13, 2022, meeting. At that
meeting, LGCA’s legal counsel, Matthew Francois, addressed the Planning Commission, urging it to, “first
focus on the mandatory changes to the Housing Element due in January 2023.” The LGCA was keenly
aware of the statutory deadline and was very concerned as of April 2022 the Town was running far
behind other jurisdictions in preparing a 6th cycle Housing Element. Our concern was driven by the fact
that as of April 13, 2022, the HEAB had cancelled 6 of the 7 meetings that had been scheduled since
January 1, 2022. It is our view that the Town’s current problematic situation could have been avoided if
as we suggested in April the Staff had pivoted its focus and energy to completing the Housing Element
(which has a hard deadline of January 31) and away from the General Plan update, which has no
statutory completion date.
Regrettably, this did not happen, and the Town must now scramble to deal with the consequences of
this lapse.
Thank you.
Los Gatos Community Alliance
September 2022 1
DISCLAIMER: This document is intended to provide general information and does not constitute legal advice. Additional facts, facts
specific to a particular situation, or future developments may affect the subjects discussed in this FAQ. Seek the advice of your
attorney before acting or relying upon the following information.
Timing Requirements for Adoption of the Housing Element
and Required Rezoning
Technical Memo, August 2022
AB 1398 (Chapter 358, Statutes of 2020) amended the provisions of state housing element law related to the
implications of adopting a housing element after the due date. The current deadline for jurisdictions in the
nine counties that are members of the Association of Bay Area Governments (ABAG) to adopt the housing
element is January 31, 2023.
Previous Cycle Rules
To understand the new rules for adoption of a housing element, it may be helpful to compare them with those
adopted in the last housing element cycle, the fifth cycle, when housing elements were due in January 2015. In
the fifth cycle, if housing elements were not adopted by 120 days after the due date, the local jurisdiction was
required to prepare a new housing element every four years, rather than every eight years. Those jurisdictions
that adopted housing elements more than 120 days after the due date were required to adopt a mid-cycle
housing element in 2019.
New Sixth Cycle Rules
AB 1398 has eliminated any requirement for a four-year housing element once the Department of Housing
and Community Development (HCD) has found a community’s sixth cycle housing element in conformance
with state law (Government Code1 Section 65588(e)(4)(A)). Instead, state law sets deadlines for housing
element adoption and rezoning and consequences if those deadlines are not met.
1 Subsequent citations are to the Government Code unless otherwise stated.
September 2022 2
Housing Element Adoption and Timeline to Rezone
If a housing element is adopted and found by HCD to be in compliance with state law by May 31, 2023,
then the jurisdiction has approximately three years after the date it adopts its housing element to
complete all rezoning required to provide adequate sites (Section 65583(c)(1)(A)).2
If HCD does not find a housing element to be in compliance by May 31, 2023, then all rezoning required
to provide adequate sites must be accomplished by January 31, 2024 (Section 65588(e)(4)(C)(i)).
o Note that HCD has 60 days to review an adopted housing element (Section 65585(b)(3)). Any
community desiring to have three years to adopt the necessary zoning should adopt a
compliant housing element by April 1, 2023.
If a housing element is adopted after January 31, 2024, HCD cannot find it in compliance with state law
until all necessary rezoning is adopted (Section 65588(e)(4)(C)(iii)).
In the Southern California Association of Governments (SCAG) region, the due date for Housing Elements,
October 15, 2021, has passed, and most jurisdictions are still working with HCD to receive certification.
Rezoning of Adequate Sites
If rezoning is not complete by the appropriate rezoning deadline as stated above, HCD is authorized to:
Revoke its findings of compliance until rezoning is complete; and/or
Refer the agency to the Attorney General (Section 65585(i), (j)).
HCD has adopted an additional policy relating to rezoning sites for lower income housing:
If zoning required to provide adequate sites for lower income housing is adopted after the housing
element due date of January 31, 2023, it must provide for “by right” approval.
o “By right” approval means that a housing project that does not require a subdivision and that
contains 20 percent lower income housing is exempt from the California Environmental Quality
Act (CE A jurisdiction may require design review based on objective standards, but only if its “by
right” ordinance requires design review approval (Section 65583.2(i)).
2 The due date for these jurisdictions is either three years after the date the jurisdiction adopted its housing element, or three years
after the date that is 90 days after the jurisdiction received HCD’s comments on its draft element, whichever is earlier.
September 2022 3
Limitations on Denial of Certain Housing Projects
Once January 31, 2023 passes without adoption of a sixth cycle housing element, the locality’s adopted fifth
cycle housing element may no longer comply with all provisions of state housing element law. This may have
impacts on a jurisdiction’s ability to deny housing projects. Some factors that may be relevant include whether
the housing project includes a minimum of either 20% or 49% affordable units. Other laws, such as the
Housing Accountability Act and SB 35 (2017), may also affect a jurisdiction’s ability to deny a housing project.
Consult with your jurisdiction’s attorney before considering the denial of a housing project.
Eligibility for Certain Funding Programs
If a housing element is not consistent with state law or not found to be consistent by HCD, the jurisdiction may
not be eligible for certain funding programs.
Funding programs that may require the local jurisdiction’s adopted housing element to be in compliance with
HCD include3:
Community Development Block Grant Program
Infill Infrastructure Grant Program
Transit Oriented Development Program
Local Housing Trust Fund Program
Affordable Housing and Sustainable Communities Program
Permanent Local Housing Allocation Program
Caltrans Sustainable Communities Grant Program
MTC’s One Bay Area Grant (OBAG) Program
3 This list may not be exhaustive. Please check the regulations and guidelines for any funding program your jurisdiction is
considering.
State funding programs that reward or incentivize projects in jurisdictions with compliant housing elements
include:
Local Partnership Program: Projects are evaluated on how they advance housing element goals.
Transit and Intercity Rail Capital Program: Projects must document how transit ridership growth is
supported by housing policies including evidence of compliance with state-required housing plans.
Active Transportation Program: Infrastructure projects must address their potential to support existing
and planned housing, and planning projects must be consistent with local housing policies.
HOME Investment Partnerships Program: Applications receive points for housing element compliance.
September 2022 4
Solutions for Congested Corridors Program: Projects must address how they support infill development,
which may include identifying housing element policies that streamline multifamily housing
development.
Some Housing Element Dates to Remember
January 31, 2023
Deadline to have Housing Elements adopted by City Council or Board of Supervisors
Any rezonings that happen after this date, or need to happen after this date, must provide for "by
right" approval of sites designated for lower income housing.
May 31, 2023 (120 days after the housing element adoption deadline)
If HCD finds a housing element in compliance by May 31, 2023, the jurisdiction has approximately 3
years from the date of adoption to complete all rezoning.
If a housing element is NOT found in compliance by May 31, 2023, all rezoning must be completed
within one year of the adoption deadline.
January 31, 2024 (One year after the original adoption deadline)
Rezoning deadline for jurisdictions that did not meet the May 31, 2023 compliance deadline.4
Starting January 31st, HCD will not certify any new housing elements, unless the required zoning is in
place.
2026 (Three years after compliant housing element adoption)
Rezoning deadline for jurisdictions that meet the May 31, 2023 compliance deadline.5
4 If rezoning is not complete by the appropriate deadline, HCD is authorized to (1) revoke its findings of compliance until rezoning is
complete and (2) refer the agency to the state attorney general.
5 If rezoning is not complete by the appropriate deadline, HCD is authorized to (1) revoke its findings of compliance until rezoning is
complete and (2) refer the agency to the state attorney general.
1
DISCLAIMER: This document is intended solely as a technical overview of the provisions of certain provisions of the
Housing Accountability Act. It is not intended to serve as legal advice regarding any jurisdiction's specific policies or any
proposed housing development project. Local staff should consult with their city attorney or county counsel when
determining the applicability of these provisions to any proposed housing development project in their jurisdiction.
The “Builder’s Remedy” and Housing Elements
There have recently been press reports regarding the so-called “Builder’s Remedy” that can be used to avoid local
zoning requirements when a locality’s housing element does not substantially comply with state law. These reports have
stated that, if a locality has a noncompliant housing element the city or county must approve the housing development
project, regardless of the local zoning.
The “Builder’s Remedy” arises from the Housing Accountability Act (Government Code Section 65589.5 1; the HAA). This
paper describes the provisions of the HAA that constitute the “Builder’s Remedy” and how they may apply to a proposed
housing development project.
How Does the “Builder’s Remedy” Work?
The HAA requires that cities and counties make one of five findings to deny, or to apply conditions that make infeasible,
a housing development project “for very low, low- or moderate-income households” or an emergency shelter. (Section
65589.5(d).) A housing development project with 20 percent of the total units available to lower income households or
with all of the units available for moderate or middle income households may qualify as housing “for very low, low- or
moderate income households” (see detailed description below). The five findings which would allow denial of an eligible
project can be summarized as follows:
1. The city or county has met or exceeded its Regional Housing Needs Allocation (RHNA) for the proposed income
categories in the development.
2. The housing development or emergency shelter would have a specific adverse impact on public health and
safety, and there is no way to mitigate or avoid the impact without making the development unaffordable. The
impact must be based on objective, written public health or safety standards in place when the application was
deemed complete.
3. The denial or condition is required to meet state or federal law, and there is no feasible method to comply
without making the development unaffordable.
4. The project is proposed on land zoned for agriculture or resource preservation that is surrounded on at least
two sides by land being used for agriculture or resource preservation or there are not adequate water or
sewage facilities to the serve the project.
1 All future references are to the Government Code unless otherwise specified.
Regional Housing Technical Assistance Program
2
5. The project is inconsistent with both the zoning ordinance and the land use designation as specified in any
general plan element. However, a city or county cannot make this finding if it has not adopted a housing
element in substantial compliance with state law.
If a locality has not adopted a housing element in substantial compliance with state law, developers may propose
eligible housing development projects that do not comply with either the zoning or the general plan. The term “Builder’s
Remedy” is used to describe the situation where a local agency may be required to approve an eligible housing
development project because it cannot make one of the other four findings.
Are Projects Using the “Builder’s Remedy” Exempt from CEQA Review?
The HAA contains no exemptions from the California Environmental Quality Act. The HAA states specifically that nothing
relieves the local agency from making the required CEQA findings and otherwise complying with CEQA. (Section
65589.5(e).) A project may be exempt from CEQA under other provisions of CEQA, other state laws, or the CEQA
Guidelines.
When Does a Housing Element No Longer Comply with State Law? Is There a Grace
Period If the Housing Element Is Not Adopted by the Due Date?
Housing elements are required to comply with current state housing element law on the established due date (January
31, 2023 in the ABAG region). State law has changed significantly since fifth cycle housing elements were adopted, and it
would be unlikely that a fifth cycle housing element would substantially comply with current state law. If a sixth cycle
element has not been adopted by the due date, the housing element would likely be out of compliance with state law
until a complying sixth cycle housing element is adopted. There is no grace period, even for the period when a housing
element is being reviewed by the Department of Housing and Community Development (HCD).
HCD approval is not required for a housing element to be found substantially compliant with state law. State law
provides that a city or county may adopt its own findings explaining why its housing element is substantially compliant
with state law despite HCD’s findings. (Section 65585(f).) However, HCD is authorized to refer agencies to the Attorney
General if it finds a housing element out of compliance with state law. (Section 65585(j).)
Are a Local Agency’s Development Standards Null and Void If the Housing Element is
Not in Compliance with State Law?
No, the local agency’s development standards are not null and void if the housing element is not in substantial
compliance with state law. The “Builder’s Remedy,” however, may require a local agency to approve an eligible housing
development project despite its noncompliance with local development standards. Conversely, other projects may be
challenged because a finding of general plan consistency cannot be made if the general plan is out of compliance with
state law.
What Projects Are Eligible to Use the “Builder’s Remedy”?
The “Builder’s Remedy” applies only to a housing development project “for very low, low- or moderate-income
households” and to emergency shelters. The HAA defines a “housing development project” as either:
• Residential units only;
• Mixed-use developments with at least two-thirds of the square footage designated for residential use; or
Regional Housing Technical Assistance Program
3
• Transitional housing or supportive housing.2 (Section 65589.5(h)(2).)
“Housing for very low, low-, or moderate-income households” includes either:
• 20% of the total units sold or rented to lower income households;
• 100% of the units sold or rented to moderate income households; or
• 100% of the units sold or rented to middle income households.3
Monthly housing costs for lower income households cannot exceed 30 percent of 60 percent of median income,
adjusted for household size, and the units must remain affordable for 30 years. Monthly housing costs for moderate
income households cannot exceed 30 percent of 100 percent of median income. There are no standards in the HAA for
housing costs for middle income households. (Sections 65589.5(h)(3), (h)(4).)
An emergency shelter is housing with minimal supportive services for homeless persons that is limited to occupancy of
six months or less by a homeless person. No individual or household may be denied emergency shelter because of an
inability to pay. (Section 65582(d); Health & Safety Code Section 50801(e).)
2 As defined in Section 65582.
3 Those earning no more than 150 percent of median income.
PREPARED BY: Gabrielle Whelan, Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Director, Planning Manager, and Interim Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/18/2022
ITEM NO: 11
DATE: October 13, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Process and the Next Steps for the Referendum
of the 2040 General Plan Land Use and Community Design Elements, and
Provide Direction on the Preferred Approach for the Referendum
RECOMMENDATION:
Discuss the Housing Element process and next steps for the referendum of the 2040 General
Plan Land Use and Community Design Elements, and provide direction on the preferred
approach for the Referendum.
BACKGROUND:
In accordance with the State Elections Code, sufficient signatures have been collected on a
petition to referend the Land Use and Community Design Elements of the Town’s 2040 General
Plan. This means that the question of whether or not the Land Use and Community Design
Elements of the 2040 General Plan should be adopted has qualified for placement on an
upcoming ballot. In accordance with Elections Code Section 9237, t he effective date of those
two Elements is currently “suspended.”
Elections Code Section 9241 provides that, if the Town Council does not repeal the legislation
that is being referended, the Town Council shall submit the legislation to the voters at either a
special election or a regular municipal election. Either the special election or the regular
municipal election must be conducted at least 88 days after the Town Council votes to put the
Page 74
PAGE 2 OF 4
SUBJECT: Housing Element Process and Next Steps on Referendum of 2040 General Plan
Land Use and Community Design Elements
DATE: October 18, 2022
BACKGROUND (continued):
legislation on the ballot. The legislation (e.g., the Land Use and Community Design Elements of
the 2040 General Plan) would not take effect until approved by a majority of the voters. The
options are discussed in more detail later in this report. There is no immediate deadline for the
Town Council to decide its preferred approach to address the Referendum.
At the last Council meeting, the Council expressed interest in understanding the relationship
between the Referendum and the Housing Element. Regardless of the Referendum option the
Town Council ultimately chooses, the Housing Element update process will continue to move
forward concurrently.
The public comment period for the Initial Public Review Draft of the Housing Element ended on
September 27, 2022. After making some changes to the Draft Housing Element , the Town has
submitted it along with a response to comments to the California Department of Housing and
Community Development (HCD) for its first preliminary review. The review by HCD can take up
to 90 days to complete. Based on the experience of other California communities, the process
is expected to include multiple reviews by HCD, and this review is a chance for preliminary
feedback to guide future revisions.
Initiating this first review by HCD is critical, both because of the tight timeline available for this
process, and so the Town Council, Planning Commission, and Housing Element Advisory Board
(HEAB) have input from HCD for their future discussions. The Town has a legal obligation to
adopt the final Housing Element within 120 days of the statutory deadline of January 31, 2023.
Staff has included two implementation programs in the Draft Housing Element submitted to
HCD that require updates to the 2020 General Plan Land Use Element and Zoning Regulations.
These implementation measures would affect the regulations in the 2020 General Plan Land
Use Element while it is in effect during the suspension period imposed by the referendum, and
the Zoning Regulations for those sites included in the Site Inventory of the Draft Housing
Element.
DISCUSSION:
The Town Council’s options in response to the Referendum are:
A. Hold a Special Election for Consideration of the Ballot Measure
The Town Council could vote to place the measure on the ballot at a special election in
2023.
Page 75
PAGE 3 OF 4
SUBJECT: Housing Element Process and Next Steps on Referendum of 2040 General Plan
Land Use and Community Design Elements
DATE: October 18, 2022
DISCUSSION (continued):
The established Special Election dates for 2023 are March 7, May 2 (mail-in ballot only),
August 29 (mail-in ballot only), and November 7. Following are the dates between
which a resolution can be submitted to the Registrar of Voters to place a measure on
the ballot and call a Special Election:
March 7, 2023 election: November 24 – December 9, 2022
May 2, 2023 election: January 19 – February 3, 2023
August 29, 2023 election: May 18 – June 2, 2023
November 7, 2023 election: July 27 – August 11, 2023
The estimated cost for a stand-alone Special Election is approximately $900,000 -
$1,000,000 and the estimated cost for a stand-alone mail in ballot only Special Election
is approximately $600,000 - $700,000.
B. Place the Measure on the Ballot at the November 2024 General Municipal Election
The Town Council could vote to place the measure on the ballot for the General
Municipal Election in November of 2024.
The deadline for placing a measure on the November 5, 2024, General Election has not
yet been posted on the Registrar of Voters website. Typically, the deadline to submit a
resolution placing a measure on the ballot is 88 days before the Election Day, which
would be August 9, 2024.
The estimated cost for placing a measure on the November 5, 2024 ballot is
approximately $145,000.
C. Rescind the Land Use and Community Design Elements of the 2040 General Plan and
Adopt Revised Elements
The Town Council could vote to rescind its adoption of the Land Use and Community
Design Elements of the 2040 General Plan and adopt revised Land Use and Community
Design Elements. This option could be completed at any time prior to the November
2024 general municipal election. Doing so no later than three months prior to the
election would give the referendum proponents an opportunity to remove the ballot
measure from the ballot.
If the Town Council wishes to place a competing ballot measure on the ballot, the
competing ballot measure should be submitted no later than six months before the
election in order to meet the deadline for providing ballot materials to the County
Page 76
PAGE 4 OF 4
SUBJECT: Housing Element Process and Next Steps on Referendum of 2040 General Plan
Land Use and Community Design Elements
DATE: October 18, 2022
DISCUSSION (continued):
Registrar. Development of revised Land Use and Community Design Elements would
include review by the General Plan Committee (GPC) and the Planning Commission (PC)
prior to Town Council consideration and adoption.
Please note that regardless of the Referendum option the Town Council chooses, the Housing
Element update process will continue to move forward concurrently.
CEQA:
The Town Council’s decision with regard to next steps is not a project subject to the California
Environmental Quality Act (CEQA). The environmental impacts of any revisions to the Land Use
and Community Design Elements will undergo CEQA review.
CONCLUSION AND NEXT STEPS:
Staff looks forward to the Town Council’s discussion and direction. To structure the Council
conversation, the Council may wish to follow the organization of this report by first discussing
the Housing Element and then each Referendum option.
If the Council decides to move forward with one of the election options, staff will bring forward
the appropriate resolution during the required timeframe for the preferred election date. If the
Council prefers to rescind the two Elements, a resolution for the rescission will be brought
forward at a later date and at that time, the Council may provide additional direction for the
preparation of new Land Use and Community Design Elements.
COORDINATION:
This report was coordinated with the Town Attorney, Town Clerk, and Community
Development Director.
FISCAL IMPACT:
The fiscal impacts are outlined above.
Page 77
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: 10/20/2022
ITEM NO: 2 TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: October 14, 2022
TO: Housing Element Advisory Board
FROM: Joel Paulson, Community Development Director
SUBJECT: Review of the HCD Draft Initial Review Housing Element that was Submitted to
HCD for Preliminary Review.
BACKGROUND:
On August 29, 2022, the Town of Los Gatos released the Initial Public Review Draft of the 2023 -
2031 Housing Element for a 30-day public comment period which ran from August 29, 2022, to
September 27, 2022. Per Assembly Bill 215 (AB 215) signed by the Governor on September 28,
2021, a 30-day public comment period of the Initial Public Review Draft Housing Element is
required before the Town can submit to the California Department of Housing and Community
Development (HCD) for preliminary review.
On September 15, 2022, the Housing Element Advisory Board (HEAB) held a meeting to provide
an opportunity for the public to provide verbal comments during the 30-day public review
period. Three members of the public provided verbal public comments and their comments
have been summarized in the Response to Public Comments (Attachment 2).
The public comment period for the Initial Public Review Draft of the Housing Element ended on
September 27, 2022. Town staff and the consultants prepared responses to the public
comments and made changes to the Draft Housing Element as appropriate prior to submittal to
HCD for its first preliminary review. The responses to comments are analogous to responses to
comments on an Environmental Impact Report in that they are technical in nature and must be
reviewed against the statutory requirements for Housing Elements.
On Friday, October 14, 2022, the Town submitted the Draft Initial Review Housing Element
to HCD for preliminary review. The purpose of this meeting is to review and discuss the HCD
Draft Initial Review Housing Element submittal documents including the following:
1. HCD Draft Initial Review Housing Element (Attachment 1); and
2. Response to Public Comments (Attachment 2).
PAGE 2 OF 4
SUBJECT: Review of the Submittal of the HCD Draft Initial Review Housing Element that
was Submitted to HCD for Preliminary Review
DATE: October 14, 2022
DISCUSSION:
Modifications to the HCD Draft Initial Review Housing Element include general edits based on
State Law and HCD submittal requirements, discussions with property owners, further review by
the Town’s housing consultant and the Town’s Affirmatively Furthering Fair Housing (AFFH)
consultant (Root Policy Research), and the current status of the 2040 General Plan Land Use and
Community Design Elements.
On June 30, 2022, the Town Council adopted the 2040 General Plan. As of September 27, 2022,
the Land 2040 General Plan Use and Community Design Elements are suspended pending the
results of a referendum. The 2020 General Plan Land Use and Community Design Elements will
govern during the suspension period.
The following provides a summary of modifications that have been made to the HCD Draft Initial
Review Housing Element:
1. Added Implementation Program BF to require amendments of the Zoning Code which
includes:
• Including a Housing Element Overlay Zone (HEOZ) to apply to the sites included in the
Site Inventory to modify the development standards on those sites only to meet the
Town’s RHNA and a 15 percent buffer;
• Amending the Affordable Housing Overlay Zone (AHOZ) to increase the maximum
allowable density from 20 dwelling units per acre to 40 dwelling units per acres;
• Clarifying the text of the non-residential zones with regard to housing; and
• Rezoning the Caltrans ROW – Site E3 to allow for residential development.
2. Added Implementation Program BG to require amendment of the General Plan to establish
new densities for the sites included in the Site Inventory;
3. Revised housing density for the Site Inventory to be consistent with the typical density
identified in the 2040 General Plan Residential Buildout table;
4. Removed 404 North Santa Cruz Avenue, 420 North Santa Cruz Avenue, and 430 North Santa
Cruz Avenue (Los Gatos Shopping Center) from the Site Inventory List per the property
owner’s request and therefore deleted the North Santa Cruz Avenue Area;
5. Added Site I-1, 401-409 Alberto Way to the Site Inventory as the property owner submitted a
Property Owner Interest form and a Conceptual Development Advisory Committee
Application to the Town for a mixed-use project with 54 housing units;
6. Created Appendix H, Site Inventory Form per HCD formatting requirements;
7. Updated site descriptions for each site as described in Appendix D; and
8. Updated Chapter 10 and Appendix D to provide additional information regarding AFFH data
per direction from the Town’s AFFH consultant, Root Policy Research.
PAGE 3 OF 4
SUBJECT: Review of the Submittal of the HCD Draft Initial Review Housing Element that
was Submitted to HCD for Preliminary Review
DATE: October 14, 2022
DISCUSSION (continued):
Response to Public Comments
A total of 11 written public comments and a total of three verbal comments were received
during the 30-day public comment period (Attachment 2). Staff and the Town’s Consultant
reviewed these comments carefully, provided written responses to each comment, and made
the following modifications to the Draft Housing Element:
• Added Implementation Program BH – Provide Adequate Sites for Lower Income Households
on Nonvacant and Vacant Sites Previously Identified in the 5 th Cycle Housing Element;
• Revised the housing density for the Site Inventory to be consistent with the typical density
identified in the 2040 General Plan Residential Buildout;
• Increased the density within the North Forty Specific Plan area to align with the related
Implementation Program D;
• Increased the density within the Affordable Housing Overlay Zone (AHOZ) to align with the
related Implementation Program BF; and
• Corrected employment characteristics.
Modifications made as the result of public comments have been incorporated into the following
sections of the HCD Draft Initial Review Housing Element:
• Section 10.1, Introduction;
• Section 10.2, Overview of Housing Needs and Constraints;
• Section 10.3, Site Inventory and Opportunities;
• Section 10.4, Energy and Resource Conservation;
• Section 10.5, Goals and Polices;
• Section 10.6, Implementation Programs;
• Appendix A, Affirmatively Furthering Fair Housing Reports;
• Appendix B, Housing Needs Assessment;
• Appendix C, Governmental and Non-Governmental Constraints;
• Appendix D, Site Inventory Analysis;
• Appendix F, List of Organizations Contacted; and
• Appendix H, Site Inventory Form.
NEXT STEPS:
By law, HCD has up to 90 days to complete its first review. For this reason, it was critical that
the Town submit the document as soon as possible to get the clock started in order to try to
meet the Town’s legal obligation to adopt the final Housing Element within 120 days of the
statutory deadline of January 31, 2023.
PAGE 4 OF 4
SUBJECT: Review of the Submittal of the HCD Draft Initial Review Housing Element that
was Submitted to HCD for Preliminary Review
DATE: October 14, 2022
NEXT STEPS (continued):
Based on the recent experience of surrounding jurisdictions, HCD will meet with staff at the
approximately 45-day mark to provide initial feedback on the HCD Draft Initial Review Housing
Element. This early feedback will provide an opportunity to begin work on modifications to the
HCD Draft Initial Review Housing Element.
Once HCD’s formal comments are received, staff intends to bring the HCD Draft Initial Review
Housing Element, public comments, and responses, and HCD comments to Town Council for the
Council to provide policy direction as to how best to modify the Housing Element in light of
HCD’s concerns.
Based on the experience of other California communities, the process is expected to include
multiple reviews by HCD. The HEAB will participate in the revisions to the Housing
Element. Once HCD determines and communicates that the Town’s Housing Element is ready
for certification, the formal public hearing process will occur with the Planning Commission
making a recommendation and the Town Council making the final decision.
On Thursday, November 3, 2022, the HEAB is tentatively scheduled to meet to discuss topics
likely to be included in HCD comments.
PUBLIC COMMENTS:
Attachment 3 includes public comments received between 11:01 a.m., Thursday, September
15, 2022, and 11:00 a.m. on Friday, September 9, 2022.
Although 30-day public review period is complete public comments are encouraged throughout
the Housing Element update process and can be emailed to HEUpdate@losgatosca.gov.
ATTACHMENTS:
1. HCD Initial Review Draft Submittal
2. Response to Public Comments
3. Public Comments received between 11:01 a.m., Thursday, September 15, 2022, and 11:00
a.m. on Friday, October 14, 2022
N:\DEV\HEAB\2021-2023\HEAB Staff Reports and Attachments\2022\10-20-2022\Item 2 -\Item2.Staff Report.docx
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MINUTES OF THE PLANNING COMMISSION MEETING
APRIL 13, 2022
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, April 13, 2022, at 7:00 p.m.
This meeting was conducted utilizing teleconferencing and electronic means consistent with
Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state
of emergency relating to COVID-19 and enabling teleconferencing accommodations by
suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code §
54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021 -044, all
planning commissioners and staff participated from remote locations and all voting was
conducted via roll call vote.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair Melanie Hanssen, Vice Chair Jeffrey Barnett, Commissioner Kylie Clark,
Commissioner Kathryn Janoff, Commissioner Steve Raspe, Commissioner Reza Tavana, and
Commissioner Emily Thomas
Absent: None.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – March 23, 2022
MOTION: Motion by Vice Chair Barnett to approve adoption of the Consent
Calendar. Seconded by Commissioner Clark.
VOTE: Motion passed unanimously.
PAGE 2 OF 9
MINUTES OF PLANNING COMMISSION MEETING OF APRIL 13, 2022
PUBLIC HEARINGS
2. 33 Walnut Avenue
APN 510-41-007
Property Owner/Applicant/Appellant: Jeffrey Siegel
Project Planner: Erin Walters
Consider an Appeal of the Historic Preservation Committee Decision to Deny the
Removal of a Presumptive Historic Property (Pre-1941) from the Historic Resources
Inventory on Property Zoned R-1:8.
Erin Walters, Associate Planner, presented the staff report.
Opened Public Comment.
Jeffrey Siegel (Applicant/Appellant)
- Attachment 7 provides an in-depth assessment of whether there is historic integrity
remaining on the property. In the expert opinion of Jay Correia of the California Office of
Historic Preservation this house would not be eligible for the California Register because:
too much modern intervention, new construction; new materials instead of an in-kind
restoration; footprint has been dramatically expanded; and an altered roofline. The next-
door neighbor of 62 years has stated the house looks nothing like it did in 1961.
“Presumptive” means the house is pre-1941, not that there was ever a determination of
any historic significance. The key question is whether or not there is historic integrity
remaining after massive alterations over 60 years by multiple homeowners, and the
answer, as verified by professional historic preservationists, is there is no historic integrity.
David Hernandez, Architect, 1150 Pedro Street, San Jose
- I concur with Jay Correia of the California Office of Historic Preservation that the current
house does not resemble anything that would be considered historic given the number of
changes structurally and aesthetically. The front porch expansion allowed us to maintain
some of the character of the building front, but beyond that there is not much that remains
of the original residence; the character of the building was lost long ago with the many
changes made over time. I also concur with Mr. Correia and the applicant that this
residence should be removed from the historical registry.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Janoff to deny an appeal of a Historic
Preservation Committee decision for 33 Walnut Avenue. Seconded by
Commissioner Clark.
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Commissioners discussed the matter.
VOTE: Motion passed 5-2 with Vice Chair Barnett and Commissioner Tavana
dissenting.
3. Draft 2040 General Plan and Final Environmental Impact Report
Review and Make Recommendations on the Draft 2040 General Plan and Final
Environmental Impact Report to the Town Council.
Jennifer Armer, Planning Manager, presented the staff report.
Opened Public Comment.
Guilianna Pendleton, Environmental Advocacy Assistant, Santa Clara Valley Audubon Society
- I hope the Planning Commission will support the inclusion of a Dark Sky and Bird Safe
Design Ordinance in the General Plan to reduce artificial light at night and protect our
birds, hundreds of millions of which die each year due to building or structure collisions
related to artificial light at night. Please also consider removing any goals or policies within
the plan that would lead to over-lighting Los Gatos. Also, please strengthen biodiversity
protections, native habitat enhancement, and wildlife connectivity as you review and make
recommendations on the Draft General Plan.
Karen Rubio, Los Gatos Plant-Based Advocates
- I’m asking the Planning Commission and Town Council to take action to ensure a habitable
planet for our children by including plant-based diet education into Section 8.12 of the
General Plan. 47 percent of California’s water goes to meat and diary production and the
livestock industry plays a key role in climate change. Any plan to achieve a sustainable
environment must include education about plant-based diets.
Lisa Wade, Los Gatos Plant-Based Advocates
- Plant-Based Advocates has submitted a petition with 265 signatures requesting a plant-
based education program be added to the Environmental section of the General Plan,
Section 8.12. Mountain View has such a program and we would like to see Los Gatos have
something similar. Our initiative has the support of health and environmental NGOs,
prominent citizens of Los Gatos and neighboring cities, the Center for Biological Diversity,
and the Sierra Club.
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Jak Van Nada, Los Gatos Community Alliance
- The Department of Finance for the State of California believes that Los Gatos will not grow
more than 1,954 households in 20 years, so why would the GPAC double that number to
3,738? We advocate a major effort by the Town to provide affordable housing and believe
the Housing Element Advisory Board should be focused on low- and very-low income
categories. It will be a major challenge in a built-out town with high land costs, but two
successful housing developers have said it can be done and we encourage the Planning
Commission to focus on the challenge of getting more affordable housing into Los Gatos.
Lee Quintana
- As a member of GPAC I voted to recommend the Draft General Plan go to the Planning
Commission, but put it on the record that I did not agree to it’s current form because it has
many problems, including: 1) The manner in which GPAC was conducted, with very little
leeway in recommendations or changes; 2) One of the biggest flaws of the process is that
the General Plan base map was never reviewed for consistency between the General Plan
and the Zoning Code; 3) There are no incentives in this General Plan to help get the type of
housing we want, which are smaller units; and 4) Policies do not give true and clear
direction.
Matt Francois, Rutan & Tucker
- I am the land use counsel for Los Gatos Community Alliance, who has concerns with the
proposed General Plan and EIR. The proposed plan significantly and indiscriminately
upzones almost the entire town, including low-density residential neighborhoods and the
downtown, but the EIR does not study those changes, as required by CEQA. If the Draft
General Plan is approved in its current form, the Town could not legally deny a project that
complied with the new density standards. The Town should first focus on the mandatory
changes to its Housing Element, due in January 2023, because the Housing Element will
provide critical information as to where housing should be located and at what density. If
the General Plan goes ahead in its current form, the Commission should recommend it be
amended to provide for no more than 2,300 units, which would satisfy market demand and
the Town’s new RHNA number, plus a reasonable buffer.
Gina
- I’m particularly passionate about our need for wildlife crossings. I agree with the other
speakers about the dark skies, bird safety, protecting biodiversity, protecting the
environment and reducing pollution and greenhouse gases, and including education on a
plant-based diet to the General Plan. I agree with approximately 2,000 units versus 4,000
units. I am, as much as possible, against the high-density and upzoning. I support
eliminating pesticides that are devastating to the Monarch butterfly population , which
migrates through Los Gatos.
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Connie Hamra
- One of my concerns is maintaining the integrity and beauty of the Town of Los Gatos. We
do not have enough water for all the development planned throughout Santa Clara Valley.
How is Los Gatos addressing that in terms of the Town’s continued growth? I agree with
keeping the number of units to be added to Los Gatos at the lowest level possible, because
we want to keep our community the way it is.
Rosalee
- I support a plant-based diet education program in the General Plan. I also support the dark
sky petition. With plans for so much expansion in Los Gatos we have to keep in mind that
wildlife is one of the things that gives Los Gatos its character and charm. The main sale
point of the North Forty was to address the affordable housing crisis, but once the project
was started, this was not upheld. Who is accountable to ensure that what happened with
the North Forty will not happen again in the next development proposed under the guise of
satisfying affordable housing in Los Gatos?
Catherine Somers, Los Gatos Chamber of Commerce
- I also support the dark skies. I get criticized a lot in my job for not looking out for all of the
commercial hubs in Los Gatos. One very important thing the Commission has on its plate is
to wrap those hub communities into the whole, and yet make them very special and
unique so that they serve their individual neighborhoods, and I would love to see that
reflected in the Land Use portion of the General Plan. The Commission has a unique
opportunity when looking at these different neighborhoods to look at what would make
Los Gatos special and what would be community hubs 20 years from now.
Jesus
- With respect to the General Plan Zoning Map, I own a property on Los Gatos Boulevard and
Farley Road that has been a professional office building for all of its 35 years, is part of
Santa Clara County, and is zoned for administrative and professional office use. If the
property were annexed into Los Gatos it would be zoned for residential. Please consider
the zoning in that area, because my property is already in a commercial area, but a
technicality could stop me from renovating and updating the facility.
Arvin
- I would like to suggest that the General Plan consider turning downtown Santa Cruz
Avenue into a pedestrian street that would allow Los Gatos residents and visitors to come
to downtown and support the businesses and socialize.
Tony Alarcon
- The RHNA numbers provided by the state to Los Gatos should be appealed. I do not
support exceeding the RHNA numbers or the approximately 4,000 units proposed in the
General Plan. I agree with a prior speaker that the North Forty was promised as affordable
housing and it is anything but that. Other solutions to create affordable options, such as
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smaller units, are needed. I would like to see the historic districts retain their character. We
have yet to see the impacts of SB 9 and SB 10. We should slow down on the General Plan
and not be too aggressive with the number of proposed housing units, and further study
should be done before making drastic changes in that direction.
Joe Rodgers
- I am very much opposed to a request being considered by the Town Council to add one to
three cannabis dispensaries in the Town. It sends the wrong message about the quality and
nature of Los Gatos, but my concerns also go to traffic and parking problems. The first step
is a dispensary, then packaging and processing, and then growing cannabis with the
accompanying water and electrical power needs. I request the Planning Commission and
Town Council do an environmental impact study and include it in the General Plan.
Joanne Rodgers
- For every dollar taken in for a cannabis sale, four dollars is spent on policing, traffic
management, crime, etc. We are asking for the environmental review to be included in the
General Plan.
John
- I am generally supportive of additional housing units. What pops out in the plan are the
804 opportunities in Land Development, and maybe 1,200 opportunities in the
Redevelopment section. The 3,900 new units and another approximately 9,000 residents in
Los Gatos would not work well in terms of traffic, especially Los Gatos’ summer traffic. It
would great if most housing development were converting commercial properties along
strong road corridors to multi-use. Wildfire is referenced extensively in the plan, but there
is not much strength in the Wildfire Fuels, Mitigation, and Management; this is an essential
area to pay attention to.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Vice Chair Barnett to approve changes to the Vision and
Guiding Principles section of the Introduction, as recommended in Exhibit
7 to the staff report. Seconded by Commissioner Tavana.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
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MOTION: Motion by Commissioner Clark to add language regarding the Ohlone
and Tamien Indians to the Los Gatos Community section of the
Introduction. Seconded by Commissioner Thomas.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Janoff to accept the suggested changes listed
as Items 2 through 7 in Exhibit 7 to the staff report. Seconded by Chair
Hanssen.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to recommend Town Council approval
of the Racial, Social, and Environmental Justice Element, subject to the
following modifications: 1) Add an implementation program for Policy
RSEJ-4.1 to do research on coordinating and promoting acceptance of
government-issued food vouchers; 2) Make the changes to reflect the
definitions submitted by Commissioner Clark for key terms of equality
and equity; 3) Approve Item 17 in Exhibit 7 of the staff report with the
addition of “historically marginalized” to the language in Policy RSEJ-6.2;
and 4) Approve Items 11, 15, and 18 from Exhibit 7 to the staff report.
Seconded by Commissioner Janoff.
Commissioners discussed the matter.
VOTE: Motion passed unanimously, with Vice Chair Barnett recommending the
Town Council consider the terms “equality” and “equity” after further
review by members of the Planning Commission of their use in the
document. Vice Chair Barnett will provide further comment in writing
after his review.
Commissioners discussed the matter.
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 13, 2022
MOTION: Motion by Commissioner Janoff to recommend Item 67 from Exhibit 7,
and add Items 62 and 63 from Exhibit 7 as a single implementation
program in the Mobility Element.
Commissioner Thomas requested the motion be amended to change “Implementation
Program D” to the 2020-2025 timeframe.
The maker of the motion accepted the amendment to the motion.
Seconded by Commissioner Thomas.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Tavana to extend the meeting past 11:00 p.m.
to 11:30 p.m. Seconded by Commissioner Raspe.
VOTE: Motion passed unanimously.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Thomas to recommend Town Council approval
of the Public Facilities, Services, and Infrastructure Element subject to the
following modifications: 1) Add a definition of recycled and reclaimed
water; 2) Change Implementation Program C to the 2020-2025 timeframe
and expand it to looking at artificial turf and other ground cover
alternatives; and 3) Accept Items 70, 73, and 80 of Exhibit 7 to the staff
report. Seconded by Commissioner Clark.
VOTE: Motion passed unanimously.
MOTION: Motion by Chair Hanssen to continue the public hearing for the Draft
2024 General Plan and Final Environmental Impact Report to a date
certain of April 25, 2022 at 7:00 p.m. Seconded by Vice Chair Barnett.
VOTE: Motion passed unanimously.
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MINUTES OF PLANNING COMMISSION MEETING OF APRIL 13, 2022
OTHER BUSINESS
REPORT FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
Joel Paulson, Director of Community Development
Town Council met April 5, 2022:
o Discussed whether or not additional fiscal analysis should be performed for the
General Plan and determined no additional analysis was necessary.
o Considered an appeal of 118 Olive Street, which was approved with
modifications.
o Considered 110 Wood Road, which was remanded back to the Planning
Commission.
A Study Session on affordable housing was held on April 6, 2022. A video is available for
viewing on the Town’s Housing Element website.
The next Housing Element Advisory Board meeting will be April 21, 2022, via Zoom. The
public is encouraged to attend.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
None.
ADJOURNMENT
The meeting adjourned at 11:29 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
April 13, 2022 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin
From:Phil Koen
To:Phil Koen
Subject:HCD
Date:Thursday, October 27, 2022 12:45:40 PM
Attachments:IMG_2049.PNG
see
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