Item2.Addendum with Attachment 9
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
ADDENDUM TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: November 16, 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.
REMARKS:
Attachment 9 contains public comments received after the completion of the Staff Report.
ATTACHMENTS:
Attachment previously received with the November 17, 2022 Staff Report:
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
Attachment received with this Addendum Report:
9. Public Comments received between 11:01 a.m., Friday, November 11, 2022, and 11:00 a.m.
on Wednesday, November 16, 2022
This Page
Intentionally
Left Blank
From: Phil Koen <>
Sent: Wednesday, November 16, 2022 7:08 AM
To: Joel Paulson <jpaulson@losgatosca.gov>; Laurel Prevetti <LPrevetti@losgatosca.gov>; Melanie
Hanssen <>
Cc: ; Rick Van Hoesen <>; David Weissman
<>; Lee Fagot <>
Subject: HEAB Agenda Item #2 - site D1
Dear Members of the HEAB,
The staff report mentions in Discussion Point 2 that HCD has deemed sites smaller than half-acre as
inadequate to accommodate housing for lower-income housing. The HCD has also deemed parcels
greater than 10 acres are also considered inadequate to accommodate housing affordable to lower
income households, unless the housing element demonstrates through evidence the site is realistic and
feasible for lower income housing.
It should be pointed out that site D1 exceeds 10 acres and the site inventory analysis has designated
total development of 461 units at the default density of 30 DU per acre and designated 299 (65%) units
as Low Income for site D1.
Additionally the HCD has issued guidelines on how to utilize residential capacity in a Specific Plan such as
the North 40 Specific Plan. Site D1 is part of the North 40 Specific Plan and accordingly should be
evaluated using the appropriate HCD guidelines.
Based on all of the facts as we understand them, it is difficult to understand the Town’s justification for
assuming 299 low income units on site D1 would reasonably be developed within the 6th cycle RHNA
timeframe. This is the same mistake the Town made in the 5th cycle when the 5th cycle Housing
Element assigned 240 units as Low Income out of the total North 40 Specific Plan 270 units. As we all
know, the actual results were materially less. If this were to be repeated in the 6th cycle, the no net less
rules would apply. The day of “paper planning” is over.
We recommend the HEAB review the 6th cycle site inventory analysis for the North 40 Specific Plan as
well as site D1 to determine the likelihood that HCD will accept the site inventory as submitted. It does
not appear to us that the site inventory analysis as submitted complies with HCD’s guidelines. As we
understand it, the HEAB has not reviewed the site inventory analysis as submitted to the HCB. So this
would be the first time for a public review and discussion.
Thank you,
Phil Koen
Los Gatos Community Alliance
ATTACHMENT 9
Appendix D. Site Inventory Analysis
October 2022 Appendix D D-1
Figure D-15 North Forty Area
HCD Draft Initial Review 2023-2031 Housing Element
D-Appendix D October 2022
Site D-1 North Forty Phase II
Address: 14859 Los Gatos Boulevard, et. al.
Number of Housing Units: 461
“By Right” + 20% Affordable: Required – Used in previous cycle.
Description: The North Forty Phase II Site (D-1) is located in the North Forty Area on the west
side of Los Gatos Boulevard, south of Burton Road. The site contains existing single-family
residences and agriculture uses. Commercial uses are located to the south and west and arterial
highways located to the north and east. The site is designated and zoned as North Forty Specific
Plan, which would accommodate 461 units at a minimum density of 30 du/ac.
Property Owner Interest Form Submitted: No; however, the property owner has been involved
in attending Housing Element Advisory Board (HEAB) meetings and submitted written public
comments regarding intent and interest in residential development on the site.
Constraints: Existing buildings would require demolition.
Figure D-16 North Forty Phase II (Site D-1)
LI 299 299MI69
Total III x 20 937shortfall
Jurisdiction Name Site Address/Intersection
5 Digit ZIP
Code
Assessor Parcel
Number
Consolidated
Sites
General Plan Designation
(Current)
Zoning Designation
(Current)
Minimum Density
Allowed
(units/acre)
Maximum Density
Allowed
(units/acre)
Parcel
Size
(Acres)
Existing
Use/Vacancy Infrastructure Publicly-Owned
Site
Status
Identified in Last/Last Two
Planning Cycle(s)
Lower
Income
Capacity
Moderate
Income
Capacity
Above Moderate
Income
Capacity
Total
Capacity
Optional
Information1 Optional Information2 Optional Information3
LOS GATOS 50 Park Avenue 95030 529-01-040 A Medium Density Residential R-1D 5 12 0.18 Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
00 2 2SiteAͲ1consolidated
parcels
10 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 61 Montebello Way 95030 529-01-041 A Medium Density Residential R-1D 5 12 0.69 Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
00 7 7SiteAͲ1consolidated
parcels
10 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 101 South Santa Cruz Avenue 95030 529-01-022 Central Business District C-2 20 30 0.8 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
0 0 21 21 SiteAͲ2 26 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 165 Los Gatos Saratoga Road 95030 529-04-083 Central Business District C-2 20 30 0.37 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
0 0 10 10 SiteAͲ3 26 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 50 Los Gatos Saratoga Road 95030 529-24-032 B Mixed Use Commercial CH:PD 30 40 7.04 Hotel/motel YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
151 51 51 253 SiteBͲ1consolidated
parcels
36 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS Los Gatos Saratoga Road 95030 529-24-001 B Mixed Use Commercial CH:PD 30 40 1.49 Hotel/motel YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
27 11 16 54 SiteBͲ1consolidated
parcels
36 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS Los Gatos Saratoga Road 95030 529-24-003 B Mixed Use Commercial CH:PD 30 40 0.28 Hotel/motel YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
52 310SiteBͲ1consolidated
parcels
36 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 15300 Los Gatos Bouelvard 95032 424-17-036 Mixed Use Commercial C-1 30 40 1.6 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
40 11 7 58 SiteCͲ1 36 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 15349 Los Gatos Bouelvard 95032 424-19-049 C Mixed Use Commercial CH 30 40 0.34 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
82 212SiteCͲ2consolidated
parcels
36 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS Los Gatos Bouelvard 95032 424-19-048 C Mixed Use Commercial CH 30 40 1.2 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
30 9 4 43 SiteCͲ2consolidated
parcels
36 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS Los Gatos Bouelvard 95032 424-19-069 C Mixed Use Commercial CH 30 40 1.34 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
34 10 4 48 SiteCͲ2consolidated
parcels
36 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 15425 Los Gatos Bouelvard 95032 424-19-067 Mixed Use Commercial CH 30 40 1.09 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
27 8 4 39 SiteCͲ3 36 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 15975 Los Gatos Boulevard 95032 529-15-059 Mixed Use Commercial CH 30 40 0.64 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
16 5 2 23 SiteCͲ4 36 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 16203 Los Gatos Bouelvard 95032 529-16-069 Mixed Use Commercial CH 30 40 0.79 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
20 6 2 28 SiteCͲ5 36 du/ac General Plan typical density Conceptual Development Advisory Committee application for a mixed-use development
submitted on 11/17/2020 anticipating for increased density per the General Plan
update
LOS GATOS 16492 Los Gatos Bouelvard 95032 532-07-086 D Low Density Residential C-1 10 20 0.23 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
00 4 4SiteCͲ6consolidated
parcels
18 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS Los Gatos Bouelvard 95032 532-07-085 D Low Density Residential C-1 10 20 0.38 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
00 7 7SiteCͲ6consolidated
parcels
18 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 14859 Los Gatos Boulevard 95032 424-07-094 E North Forty Specific Plan North Forty Specific Plan 30 30 2.9 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
57 13 17 87 SiteDͲ1consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
Property Owner has been involved in submitting public comments on the Housing
Element Update regarding residential development on the site
LOS GATOS 16392 Los Gatos Boulevard 95032 424-07-095 E North Forty Specific Plan North Forty Specific Plan 30 30 0.78 Vacant YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
15 3 5 23 SiteDͲ1consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
Property Owner has been involved in submitting public comments on the Housing
Element Update regarding residential development on the site
LOS GATOS 16260 Burton Road 95032 424-07-053 E North Forty Specific Plan North Forty Specific Plan 30 30 0.44 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
82 313SiteDͲ1consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
Property Owner has been involved in submitting public comments on the Housing
Element Update regarding residential development on the site
LOS GATOS 16250 Burton Road 95032 424-07-009 E North Forty Specific Plan North Forty Specific Plan 30 30 0.44 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
82 313SiteDͲ1consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
Property Owner has been involved in submitting public comments on the Housing
Element Update regarding residential development on the site
LOS GATOS 14917 Los Gatos Boulevard 95032 424-07-081 E North Forty Specific Plan North Forty Specific Plan 30 30 3.74 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
73 17 22 112 SiteDͲ1consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
Property Owner has been involved in submitting public comments on the Housing
Element Update regarding residential development on the site
LOS GATOS 14925 Los Gatos Boulevard 95032 424-07-115 E North Forty Specific Plan North Forty Specific Plan 30 30 6.07 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
118 27 37 182 SiteDͲ1consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
Property Owner has been involved in submitting public comments on the Housing
Element Update regarding residential development on the site
LOS GATOS Los Gatos Boulevard 95032 424-07-116 E North Forty Specific Plan North Forty Specific Plan 30 30 1.02 Vacant YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
20 5 6 31 SiteDͲ1consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
Property Owner has been involved in submitting public comments on the Housing
Element Update regarding residential development on the site
LOS GATOS 16245 Burton Road 95032 424-06-115 F North Forty Specific Plan North Forty Specific Plan 30 30 1.17 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
23 5 7 35 SiteDͲ2consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
No; however, the parcel is located within Phase II of the North 40 Specific Plan Area
where recent significant housing development is underway
LOS GATOS Burton Road 95032 424-06-116 F North Forty Specific Plan North Forty Specific Plan 30 30 0.11 Vacant YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
20 1 3SiteDͲ2consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
No; however, the parcel is located within Phase II of the North 40 Specific Plan Area
where recent significant housing development is underway
LOS GATOS 16240 Burton Road 95032 424-07-010 North Forty Specific Plan North Forty Specific Plan 30 30 0.26 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
51 2 8SiteDͲ3 30 du/ac North Forty Specific Plan
minimum density
No; however, the parcel is located within Phase II of the North 40 Specific Plan Area
where recent significant housing development is underway
LOS GATOS 16270 Burton Road 95032 424-07-052 North Forty Specific Plan North Forty Specific Plan 30 30 0.43 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
82 313SiteDͲ4 30 du/ac North Forty Specific Plan
minimum density
No; however, the parcel is located within Phase II of the North 40 Specific Plan Area
where recent significant housing development is underway
LOS GATOS 16210 Burton Road 95032 424-07-054 G North Forty Specific Plan North Forty Specific Plan 30 30 0.26 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
51 2 8SiteDͲ5consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
No; however, the parcel is located within Phase II of the North 40 Specific Plan Area
where recent significant housing development is underway
LOS GATOS 14831 Los Gatos Boulevard 95032 424-07-063 G North Forty Specific Plan North Forty Specific Plan 30 30 0.56 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
11 3 3 17 SiteDͲ5consolidated
parcels
30 du/ac North Forty Specific Plan
minimum density
No; however, the parcel is located within Phase II of the North 40 Specific Plan Area
where recent significant housing development is underway
LOS GATOS 14849 Los Gatos Boulevard 95032 424-07-064 North Forty Specific Plan North Forty Specific Plan 30 30 0.93 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
18 4 6 28 SiteDͲ6 30 du/ac North Forty Specific Plan
minimum density
No; however, the parcel is located within Phase II of the North 40 Specific Plan Area
where recent significant housing development is underway
LOS GATOS 14823 Los Gatos Boulevard 95032 424-07-065 North Forty Specific Plan North Forty Specific Plan 30 30 0.37 Residential YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
61 411SiteDͲ7 30 du/ac North Forty Specific Plan
minimum density
No; however, the parcel is located within Phase II of the North 40 Specific Plan Area
where recent significant housing development is underway
LOS GATOS 14800 Oka Road 95032 424-08-057 H Low Density Residential R-1:8 0 5 2.97 Vacant YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
0 1 11 12 SiteEͲ1consolidated
parcels
4 du/ac General Plan typical density No; however the property owner has submitted a public comment to the HEAB
regarding future development of the site.
LOS GATOS Oka Lane 95032 424-08-029 H Low Density Residential R-1:8 0 5 0.31 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
00 1 1SiteEͲ1consolidated
parcels
4 du/ac General Plan typical density No; however the property owner has submitted a public comment to the HEAB
regarding future development of the site.
LOS GATOS Oka Lane 95032 424-08-059 H Low Density Residential R-1:8 0 5 1.01 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
00 4 4SiteEͲ1consolidated
parcels
4 du/ac General Plan typical density No; however the property owner has submitted a public comment to the HEAB
regarding future development of the site.
LOS GATOS Oka Lane 95032 424-08-060 H Low Density Residential R-1:8 0 5 1.29 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
00 5 5SiteEͲ1consolidated
parcels
4 du/ac General Plan typical density No; however the property owner has submitted a public comment to the HEAB
regarding future development of the site.
LOS GATOS 14800 Oka Road 95032 424-08-058 H Low Density Residential R-1:8 0 5 1.41 Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
00 6 6SiteEͲ1consolidated
parcels
4 du/ac General Plan typical density No; however the property owner has submitted a public comment to the HEAB
regarding future development of the site.
LOS GATOS 16603 Lark Avenue 95032 424-08-017 H Medium Density Residential R-M:5-12 14 22 2.48 Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
3 3 39 45 SiteEͲ1consolidated
parcels
18 du/ac General Plan typical density No; however the property owner has submitted a public comment to the HEAB
regarding future development of the site.
LOS GATOS 14840 Oka Road 95032 424-08-021 H Medium Density Residential R-M:5-12 14 22 4.32 Vacant YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
6 6 66 78 SiteEͲ1consolidated
parcels
18 du/ac General Plan typical density No; however the property owner has submitted a public comment to the HEAB
regarding future development of the site.
LOS GATOS Oka Lane 95032 424-08-074 Low Density Residential R-1:8 0 5 6.41 Vacant YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
2 1 23 26 SiteEͲ2 4 du/ac General Plan typical density No; however the property owner has submitted a public comment to the HEAB
regarding future development of the site.
LOS GATOS Oka Road (Cal Trans ROW)95032 000-00-000 Medium Density Residential R-1:8 14 22 4.9 Vacant YES - Current YES - State-Owned Available Not Used in Prior Housing
Element
7 7 74 88 SiteEͲ3 18 du/ac General Plan typical density
LOS GATOS 110 Knowles Drive 95032 424-32-077 High Density Residential CM:AHOZ 30 40 7.34 Commercial YES - Current NO - Privately-Owned Available Used in Prior Housing
Element - Non-Vacant
106 79 79 264 SiteFͲ1 36 du/ac General Plan typical density No; however the site is located within the Affordable Housing Overlay Zone.
LOS GATOS 206 Knowles Drive 95032 424-32-076 High Density Residential CM 30 40 2.41 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
35 26 26 87 SiteFͲ2 36 du/ac General Plan typical density No; however, the site is located immediately adjacent to 110 Knowles Drive (Site F-1),
which has an Affordable Housing Overlay Zone.
LOS GATOS 440 Los Gatos Almaden Road 95032 527-49-048 I Neighborhood Commercial C-1 10 20 0.52 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
00 9 9SiteGͲ1consolidated
parcels
18 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 445 Leigh Avenue 95032 527-49-049 I Neighborhood Commercial C-1 10 20 0.29 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
00 5 5SiteGͲ1consolidated
parcels
18 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 14000 Blossom Hill Road 95032 527-32-028 Neighborhood Commercial C-1 10 20 0.69 Commercial YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
0 0 12 12 SiteHͲ1 18 du/ac General Plan typical density Property Owner Interest Form Submitted
LOS GATOS 401-409 Alberto Road 95032 529-23-018 Mixed Use Commercial CH 30 40 2.19 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing
Element
4 4 46 54 SiteIͲ1 25 du/ac General Plan typical density Property Owner Interest Form Submitted; Conceptual Development Advisory
Committee submitted on 9/21/2022 for a mixed-use project with 25 du/ac
Table A: Housing Element Sites Inventory
2FWREHU$SSHQGL[+ +
From: Frank Mandarino <>
Sent: Tuesday, November 15, 2022 8:30 PM
To: Housing Element <HEUpdate@losgatosca.gov>
Subject: 6th cycle housing element comments
I firmly oppose increasing the town of Los Gatos population for any reason. I strongly favor keeping LG a
town with all its historic charm and small town feel. Don’t allow LG to become a “city”.
Sent from AT&T Yahoo Mail for iPhone
From: Phil Koen <>
Sent: Monday, November 14, 2022 8:10 PM
To: Joel Paulson <jpaulson@losgatosca.gov>; Laurel Prevetti <LPrevetti@losgatosca.gov>; Melanie
Hanssen <>
Cc: ; Rick Van Hoesen <>; David Weissman
<>; Lee Fagot <>
Subject: HEAB Meeting - Agenda item #2 - addendum
The total of 320 approved units for Phase 1 and 584 units in the site inventory for parcels D1 through D7
total 904 units, not 804. Paragraph 4 of my email had 804 units which is incorrect.
The 320 units approved for Phase 1 of the N 40 were comprised of 237 baseline units plus 83 density
bonus units (35% of 237).
The N40 Specific Plan allows for a maximum of 270 units to be developed. This means there are only 33
units legally remaining available (270 units less 237 baseline units) to be developed under the N 40
Specific Plan.
As stated in program D of the draft Housing Element, the N40 Specific Plan would have to revised to
allow for and additional 551 units in order to accommodate the 584 units identified in the site inventory
analysis.
Has the HEAB discussed this and is in a position to make this recommendation? I am not aware of any
discussion on this topic, but perhaps I am mistaken.
Thank you.
Phil Koen
Los Gatos Community Alliance
Sent from my iPhone
From: Phil Koen <>
Sent: Monday, November 14, 2022 2:03 PM
To: Joel Paulson <jpaulson@losgatosca.gov>; Laurel Prevetti <LPrevetti@losgatosca.gov>; Melanie
Hanssen <>
Cc: ; Rick Van Hoesen <>; David Weissman
<>; Lee Fagot <>
Subject: HEAB meeting - Agenda item #2
Dear HEAB Members,
Regarding the Staff report dated November 11 for agenda item #2, we would like to draw your attention
to the following:
1. The Staff report correctly states a draft of the 2040 Housing Element was released to the public on
August 29, 2022 for a required 30 day review and comment period. The review and comment period
closed on September 27, 2022. The draft that was circulated made no mention of the citizen’s
referendum which was in the process of being validated by the Santa Clara County Registrar of Voters.
The Town had submitted to the ROV’s office on August 17, 2022 raw count signatures totaling 3,417
which far exceeded the threshold number of 2,198 signatures required to qualify. On September 27,
2022, the same day the required public comment period closed, the Town Clerk received notification the
ROV had completed their verification process and had determined that the petition had a projected
number of 2,961 estimated number of valid signatures and therefore qualified.
Subsequent to the closing date for the required public comment, the Staff materially revised the draft
Housing Element that had been publicly circulated, adding among numerous other changes two new
material programs - BF and BG. Neither of these programs were circulated for public comment, even
though the Staff knew or should have known at the time of closing the public comment period the
referendum had qualified.
2. In addition to new material programs being added to the draft Housing Element submitted to HCD,
there were material changes made to the site inventory analysis. For example site D1 was increased
from 200 units at a density of 13 DU per acre to 461 units at a density of 30 DU per acre. This is just one
example of a number of material changes made to the site inventory analysis after the public comment
period closed. If the public was aware of the substantial increase in units and density, it is highly
probable there would have been numerous public comments.
3. We also need to point out that the increase in units for sites D 1, D2, D3 D4, D5, D6 and D7 from the
draft Housing Element released for public comment do not appear to be supported by any objective
evidence that would remotely suggest the total 584 units and units by income distribution would
actually be developed during the 6th cycle. The site inventory analysis assigned 377 low income units
collectively to these sites, which represents 65% of the total units. What evidence exists to suggest 65%
of the units would be BMR units? This income distribution was not achieved in Phase 1 of the North 40.
Furthermore program D calls for the up zoning of the entire North 40 Specific Plan from the current 20
DU per acre to 30 DU per acre. Unfortunately the program does not include any stipulation as to how
many BMR units must be developed as a result of this up zoning. This makes little sense to us. To make
this even more confusing, the developer of parcel D1 wrote to the Town Council on June 7, 2022 stating
the development of more than 200 units is not feasible as a result of current market conditions.
Additionally the owners of parcels D2 through D7 have expressed no interest in developing the number
of units and units by income distribution as listed in the site inventory analysis. This raises serious
questions regarding the entire site inventory analysis which is the purview of the HEAB.
4. Furthermore we need to point out that the adopted EIR for the North 40 Specific Plan evaluated a
maximum of 455 residential units. Based on the site inventory analysis, it appears that a total of 804
units are being proposed for the North 40 Specific Plan which Is comprised of 320 approved units for
Phase 1 and the additional 584 units on the site inventory for sites D1 through D7. This obviously
exceeds the maximum evaluated by the EIR and will require an additional project EIR to evaluate this
material increase.
4. The Staff report does mention the citizen referendum in paragraph 4 of the Discussion section. The
Staff also references HCD’s comment letter to the City of Menlo Park but it is not clear as to why this is
being referenced. The proposed ballot measure in Menlo Park is seeking to put any single-family
rezoning to a vote, seemingly blocking affordable housing. The recently qualified referendum doesn’t
remotely come close to this. To be clear, the referendum is to repeal the 2040 Land Use and Community
Design Elements adopted by a split vote of the Town Council which significantly increased the zoning
densities on numerous land uses totaling approximately 760 acres and would legally allow for
approximately 50% increase over the development allowed by the 2020 Land Use Element.
Furthermore, there is no objective data to suggest that repealing the 2040 Land Use Element and
replacing it with the 2020 Land Use Element, in conjunction with programs BF and BG would present a
barrier to the adoption of a compliant 2040 Housing Element. Seemly put the situation in Menlo Park is
very different from the pending referendum.
We would respectfully ask the HEAB to discuss these concerns and determine what if any corrective
actions should be taken.
Thank you.
Phil Koen
Los Gatos Community Alliance