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Attachment 8 - January 11, 2023 Verbatim MinutesLOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Melanie Hanssen, Chair Jeffrey Barnett, Vice Chair Susan Burnett Kylie Clark Kathryn Janoff Steve Raspe Emily Thomas Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Gabrielle Whelan Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 8 LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR HANSSEN: We will go ahead to Item 5, and Item 5 is to consider and make a recommendation to the Town Council on the Draft 2023-2031 Housing Element. Location: Town-wide. General Plan Amendment Application: GP-22-003. Who is doing the Staff Report? Oh, Ms. Walters. ERIN WALTERS: Thank you so much and good evening, Commissioners. The Town of Los Gatos is required to adopt an updated Housing Element for the period covering 2023 to 2031 by January 31st. Starting in early 2021 the Town worked diligently to comply to State law with the goal of adopting a Housing Element prior to January 31st. The deadline is outlined in Attachment 3 of your report. Under the Housing Accountability Act, Bay Area jurisdictions that have not adopted a Housing Element that is in substantial compliance with the State law by January 31st could be required to approve a residential development, even if it does not meet local General Plan or zoning regulations. This is known as the Builder’s Remedy and has been in the Housing Accountability Act since 1990. For a project to utilize this it must be a residential LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 development that proposes at least 20% low-income units or 100% moderate-income units. No applications under the Builder’s Remedy were submitted during the two previous Housing Element cycles when the Town missed the statutory deadline for adoption. Staff recognizes that this current element housing cycle is unlike any past cycle and any jurisdiction that adopts a housing element later than January 31st could be subject to the Builder’s Remedy. On January 20th of last year the Town Council recommended that the current version of the Draft Housing Element as submitted to HCD on October 14th be considered for adoption prior to the statutory deadline of January 31st. In addition, the Town Council recommended that the Sites Inventory of the Housing Element utilize the minimum density requiring additional sites to be added in order to comply with the Town’s RHNA and required buffer. The primary purpose of this item tonight is to provide a recommendation to Town Council on whether or not to adopt the Draft Housing Element, which is found in Attachment 1, with the revised Sites Inventory Analysis, Exhibit 4, and Revised Site Inventory Form, which is found in Exhibit 5. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The next steps to complete the goal of adopting the Housing Element that is in substantial compliance with State law by the statutory deadline is for Town Council to consider Planning Commission’s recommendation on the Draft Housing Element at a special Council meeting on January 30th. The Town expects to receive a comment letter from HCD tomorrow. Once the HCD comment letter has been received, a draft memorandum and Response to HCD Comment Letter illustrating how each comment has been responded to and how it is in substantial compliance with State law will be prepared for future view by the Housing Element Advisory Board, and then based on that review and recommendation by HEAB a revised draft will be submitted to HCD. Subsequent review by HCD will take up to 60 days. Based on HCD’s second review it is possible that additional revisions may be required before HCD will certify the Housing Element, which means Planning Commission and Town Council hearings for adoption of the revised Housing Element would need to be conducted again. There was an addendum circulated on Tuesday with the Planning Commission’s comments. This concludes Staff’s report and we are available for any questions. Thank you. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: Thank you for your Staff Report. Since three of us, Commissioner Janoff, Commissioner Thomas, and I are on the Housing Element Advisory Board as well as the General Plan Committee, I think Ms. Walters and the Staff Report went through this but as should have been clear from the report, this is not intended as a detailed review of the Draft Housing Element. This is more of a go/no go thing to prevent us from being subject to the Builder’s Remedy, and as noted by Ms. Walters, we fully would anticipate making quite a few revisions based on the HCD comments. I will ask if any of you have questions for Staff? I do, but I wanted to see if any of the rest of you do. Commissioner Janoff. COMMISSIONER JANOFF: Thank you. I understand the process; I understand what’s happening. Two questions, one for Staff. I understand that we received verbal comments. Do you have any indication based on the verbal comments that our Draft General Plan is not in insubstantial compliance? ERIN WALTERS: The verbal comments we received were that there is additional work to be done, but the term “substantial compliance” was never brought up or discussed. It’s really to add to what we have. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER JANOFF: Did you get the sense from that verbal communication that we weren’t on the right track? ERIN WALTERS: (Shakes head no.) COMMISSIONER JANOFF: All right. I know you didn’t get that kind of feedback precisely, but I was curious what the sense of the conversation was from Staff’s point of view? ERIN WALTERS: We had one meeting. We didn’t receive any fatal flaw comments, but again, we have not received the final letter, and again, we anticipate that hopefully by tomorrow, so from what we’ve learned to date, we have not heard. COMMISSIONER JANOFF: A second question, if I might, for our Town Attorney. Would you please advise the Planning Commission as to your opinion of why it makes sense for us to proceed with a recommendation for adopting the draft in advance of the certified Housing Element? ATTORNEY WHELAN: It’s definitely a policy decision, but the recommendation to do this is based on the fact that the deadline to have an adopted Housing Element is January 31st, and after that date applicants can use the Builders Remedy to submit an application that would not be subject to the Town’s planning requirements. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Added to that recommendation is the fact that the Town has the ability to amend the Housing Element after it’s been adopted based on feedback that we get from HCD. COMMISSIONER JANOFF: So this is not a kind of tricky workaround the deadline, this is a reasonable approach to meeting the deadline with adopting a draft, understanding that there will be revisions coming following HCD’s comments? ATTORNEY WHELAN: Yes, the recommendation is based on the fact that the Draft Housing Element is very close. It’s possible HCD will recommend some minor changes, and the Town would make those minor changes once we have those recommendations in hand. COMMISSIONER JANOFF: All right, thank you. CHAIR HANSSEN: Commissioner Thomas. COMMISSIONER THOMAS: Thank you, Chair. I have two questions. My first question for Staff is where will we be able to find the letter when we get it tomorrow? ERIN WALTERS: That’s an excellent question. It will be posted online when we receive it. It will be available to the public and will be on the Town’s dedicated Housing Element website, as well as our web page. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: I’ll just add that we’ll also actually send it directly to Town Council and Planning Commissioners as well. COMMISSIONER THOMAS: Thank you. Perfect. Very exciting. We’ve been waiting for this letter, I know. My other question was related to the procedure for making changes. Obviously, if we forward this approval, it goes to Town Council, you explained that. If we have to make changes, will those changes go back to the Housing Element Advisory Board, then to the Planning Commission, then to Town Council? Is that the order that it happens? ERIN WALTERS: I would ask either Ms. Armer or Mr. Paulson to answer that. JENNIFER ARMER: I can start by answering that if the Planning Commission makes a recommendation on this tonight, or early tomorrow morning, and it wants to include some recommended changes, that is something that could be done; but it also is possible that comments will be shared tonight, for example, those that were included in writing in the Addendum, and that those will be taken into consideration when we return to the HEAB for their consideration of additional changes in response to the HCD letter. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So, if you choose as the Planning Commission to include modifications as part of your recommendation in this meeting, that could be part of the recommendation, but it also could just be general comments that we could consider and bring to the HEAB for their consideration and recommendation. COMMISSIONER THOMAS: Okay, thank you. I don’t feel like there are any major, necessary changes, and I understand. I guess what I’m asking is if this gets approved before January 31st, but then we do need to make changes based on our HCD feedback, then it goes back to HEAB, then back to us, then to the Town Council. The changes need to be approved at those three levels? JENNIFER ARMER: Thank you for that clarification. Yes, the next steps would be to go to HEAB, and then to submit that revised document to HCD to see whether it has addressed their comments and whether they can now certify the Housing Element. If it is certifiable, then it could be forwarded to Planning Commission for consideration and recommendation to Town Council. COMMISSIONER THOMAS: Okay, just wanted to confirm that that was still happening. Okay, thank you. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: If you don’t mind, Commissioner Janoff, I did want to ask a question before I go back to you. As a preface statement, on December 1st the Housing Element Advisory Board—and this is for the benefit of everyone on the Commission and anyone watching—was able to review comment letters that came from HCD to other jurisdictions, for example, Saratoga, but there were probably eight or nine different jurisdictions, to get an idea of what we could expect from HCD. I bring this up to ask the question of Staff, when we looked at this stuff on December 1st it seemed like one thing that was very consistent is there were definitely modifications that have to happen, but I didn’t see in any of the comment letters where HCD said it could never go and certify it, it wanted modifications versus scraping something and having to bring something anew. Based on the conversation that you guys had in December on the phone, did you hear anything that would lead you to believe that we hadn’t followed the process properly, or was it more like we’re going to have to put in a lot more detailed information similar to what we saw in those comment letters? So that’s my question. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOCELYN SHOOPMAN: Thank you for the question. I would say our verbal conversation with the HCD reviewer really mirrored many of those comment letters that HEAB reviewed in December, and it really was the information is there, however we may need more narrative to describe it, more local knowledge, and more data to back that information up. CHAIR HANSSEN: That’s where I’m seeing where we are right now, that there are going to be a lot of changes that will happen after the 31st whether this is approved or not, and this is sort of a stopgap thing to buy us some time until we can get this certified. Commissioner Janoff. COMMISSIONER JANOFF: I appreciate the comments that Vice Chair Barnett has offered, and I am thinking that rather than forward those changes to Council with our recommendation tonight that they stay with the general comments so that could go back through the process that Commissioner Thomas clarified, so that we can consider those comments with the HEAB and then on to the Planning Commission, to take it through that process of modification, if that’s acceptable. CHAIR HANSSEN: I think that’s a good suggestion, but let’s see where other comments go. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commissioner Thomas. COMMISSIONER THOMAS: I agree with that. I think that’s a really good idea if Vice Chair Barnett is comfortable with that and feels we discussed or addressed them enough, because HEAB is going to have to go back and go over and make modifications and recommend adding more detail, as Ms. Shoopman said, so I think that’s a good idea. I think that’s a way to make things more efficient and streamline the process. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Thank you. I first want thank the members of the GPAC and HEAB for the tremendously wonderful job that they’ve done. I’ve read through the entire document, and unfortunately haven’t been able to monitor the hearings of HEAB as they’ve progressed, but it is a magnificent document and I’m sure we’re going to get final approval down the road. In terms of my recommendation, I’m certainly comfortable with it being considered at any point that it’s easily addressed, and I’m certainly mindful of the January 31st deadline. I did have one other suggested change that I haven’t yet submitted, so that would also be in the way of a recommendation for consideration down the line. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: So it’s not a fatal flaw that would stand in the way of being able to consider it in compliance? VICE CHAIR BARNETT: Absolutely not. CHAIR HANSSEN: And we’re talking about in compliance with the process that the State has outlined for doing the Housing Element. Ms. Armer. JENNIFER ARMER: Thank you, Chair. Before the Planning Commission gets too much into discussion I did want to suggest that we open up for public comment if questions of Staff are complete. CHAIR HANSSEN: Do other Commissioners have questions of Staff in terms of process or procedure? And by the way, we will not be going through the entire document; it will be more like general questions. Okay, nobody else has any questions; so let’s do that. We will do Verbal Communications, so any member of the public is invited to speak on the Housing Element, and we ask you to limit your comments up to three minutes, and it looks like we have at least one person. JENNIFER ARMER: Yes, thank you, it looks like Rigo Gallardo, and you should be able to unmute now. You have up to three minutes. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RIGO GALLARDO: Good evening, Chair and Members of the Planning Commission. My name Is Rigo Gallardo, I’m a representative from Carpenter’s Local #405 for Santa Clara County and I’m speaking on behalf of approximately 39,000 union carpenters, men and women across Northern California, including 18,000 Santa Clara County residents and members. Today I’m here to speak on area labor standards, ones that include a livable wage, healthcare, apprenticeships, and local hire. A livable wage with medical and retirement benefits that allow workers and their families to live in the communities they work in. This also means those wages will be reinvested back into local economic community as they spend their earnings, and their tax dollars will help fund local schools and government. A commitment to accredited apprenticeship programs to guarantee we will continue to have a trained, skilled, and experienced work force that is able to complete high-quality projects in a safe and timely manner. Healthcare is vital in these COVID years and having healthcare for families is a big necessity. I believe if you work hard full time you should have access to healthcare from your employer. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Being able to work where you live as a local hire allows you to spend more time with your family and be more involved in your community. My question to you is what are we doing to implement these area labor standards in our upcoming projects? Thank you. CHAIR HANSSEN: Thank you for your comments. The way our Verbal Communications work is we don’t normally answer questions if you have them during the Verbal Communications, but I don't know if Staff wants to add anything to that? JENNIFER ARMER: No, but we can answer questions during the discussion. CHAIR HANSSEN: But if any Commissioners have questions for Mr. Gallardo, we can do that. Commissioner Thomas. COMMISSIONER THOMAS: Thank you, Chair. Thank you, Mr. Gallardo, for staying up late and coming to speak on stuff that is important to us. I wanted to ask if you had any specific requests or anything to do with the decision that we’re going to be making tonight about the Housing Element, or if your comments are more just general about some of our policies that we’re dealing with in Town right now? RIGO GALLARDO: Just the policies. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER THOMAS: Okay, thank you so much. CHAIR HANSSEN: Thank you, and just know that your comments are noted and will be circulated to the place that can help. Thank you. We have another speaker, Ms. Quintana. LEE QUINTANA: Wow, thank God this is the last item on the agenda. I find this process rather difficult, because it feels like we’re making comments based on a moving target, which makes it very difficult to make comments, so I will focus my comments on the Implementation section, and I do want to make a few comments. The Implementation section has over 60 implementation programs, and it seems to me that there are at least eight items that are subject to the use of BMP funds. There are also at least five items that have to do with rehabilitation and repair. There are other groups of items that have to do with outreach to the public and outreach to the development community. It seems to me that as a user-friendly document it would make a lot of sense to revise the organization of the Implementation section to focus on areas of common concern rather than having rehabilitation issues spread out throughout the document stated in slightly different ways LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to meet slightly different policies but essentially they’re all the same, and I think that’s really important. One other comment I would specifically make is Habitat for Humanity is mentioned in the Implementation programs, and I would ask that you recommend to Council that before they specifically mention HFH they verify with HFH that they are willing to participate in rehabilitation and repair programs in Los Gatos, given the fact of the result of their participation in the Dittos Lane project. It’s my understanding that HFH has decided that it won’t touch anything in Los Gatos in the future. Those are my comments for now. CHAIR HANSSEN: That’s good information to follow up on, and as with the General Plan we had a lot of implementation programs in the General Plan, and so getting them in a good organization so that people can work from them is a very good suggestion. LEE QUINTANA: Do I have any time? I have one more thing to say. CHAIR HANSSEN: Oh, do you have more time? Okay. LEE QUINTANA: I would like to say that also in the Implementation section I think it needs to be more specific about what we’re trying to accomplish; not just rehab this and rehab that from this organization and that LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 organization, but the actual number of rehabs that we’re aiming for. The same thing with the BMP funds. It seems like we don’t have that large a pot of BMP funds that it’s enough to stretch over eight different programs. I also think we need to have more specific statements of what the objectives of these programs are and what we intend to accomplish by them specifically. CHAIR HANSSEN: It looks like Commissioner Thomas has a question for you. COMMISSIONER THOMAS: Hi, Ms. Quintana. Thank you for staying up late and offering some input. Would you be willing to submit a list of the categories you feel like the implementation program should be clumped into so that HEAB can explore that when this goes through the progress of the modifications? LEE QUINTANA: I will be very honest with you. I have a terrible problem with putting things in writing, and it is almost to the point of being disabling. I went through the implementation programs and just looked at where the funding was coming from and what the topics were and could easily identify numerous things. I will try, but I don’t think it’s my responsibility to do that. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER THOMAS: So your opinion in that it should be organized in a different way. You don’t have an ideal structure in mind, just that it needs to be organized in a way that… LEE QUINTANA: Well, I’ve given you three examples of specific categories that they could be broken down in. There are probably other categories that would need to be added to that. COMMISSIONER THOMAS: I think like giving Staff and our consultants a little bit of an idea of the direction that you were thinking about would be helpful, but no, I agree, that’s not your responsibility. Thank you. CHAIR HANSSEN: Any other questions for Ms. Quintana? Thank you again for your comments. Is there anyone else that would like to speak about the Housing Element? I’m not seeing any other hands raised, so we can go back to the Commission. Our objective is to make a recommendation to Council. We have only three people out of seven that have been on the Housing Element, and this is fairly complicated, so I wanted to see if anyone had any questions about the process or the document that would help you to make a recommendation? What we’re looking for is are there any fatal flaws relative to thinking that this thing has LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 substantial compliance with what is needed for the State. All right, I don’t see anyone with any questions. This is like any other hearing though, so if there are questions for Staff, that’s good, or if you have comments you’d like to make on the Housing Element and what we’re trying to do with certification, this would be a good time to do that, and I don’t think we’re quite ready for a motion, but maybe. Commissioner Janoff. COMMISSIONER JANOFF: Thank you. Having been involved with the process gives us a little bit of an advantage, because we’ve read every word and gone through that drafting process. I would like to say that what I believe we are being asked to do tonight is forward a recommendation for Town Council to approve the draft. I think I could find that our draft is in substantial compliance. There was a great deal of work by Staff, by consultants, we’ve got public comments, and we’ve followed the guidelines that the HCD had provided. I think that I can competently say that this draft is in substantial compliance having worked on it, not having received any comments back, but I think that there’s a fairly low risk in our making this recommendation to Council. We can anticipate that there might be changes LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 coming, as Staff has indicated, but I would not expect those changes to substantially alter the draft that we have before us such that our recommendation would be hollow, so I very much would support making the recommendation to Town Council that they approve this draft and the associated documents. CHAIR HANSSEN: Thank you, Commissioner Janoff. Commissioner Thomas and then Commissioner Burnett. COMMISSIONER THOMAS: I agree with Commissioner Janoff’s comments, and as someone that has been sitting on the Housing Element Advisory Board, I actually wasn’t at the meeting where we approved this, but I did look at all the feedback and was keeping up and I do think that this needs to get forwarded. I’m really happy with the process that we would be able to modify anything that we need to, concerns that come up related to HCD and official certification or not, or acceptance by HCD. What I really am most concerned about though is us missing the deadline. As my time on the Planning Commission, the Housing Element Advisory Board, and the General Plan Update Committee, I feel like it’s really important that we meet this deadline. I attended a couple of online Zoom meetings and information sessions about the Builder’s Remedy, and I know LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that it hasn’t been used that much in the past, but I went to some Zoom sessions on some things and there are contractors, people, and a slew of lawyers that are really, really, really ready to jump on using the Builder’s Remedy to get projects pushed through like on February 1st, and everything is very organized and lined up with a lot of different organizations and it’s heavy supported by a lot of people at the State level, I think, because of the housing crisis. So I think that from my experience on the Planning Commission, on the Housing Element Advisory Board, and the General Plan Committee, I know that for the people that live in Los Gatos a really, really high priority is maintaining local control over what gets built where, and if we don’t certify this, we’re going to lose that control, and so I think that that’s something that’s really important. I was pretty surprised at how organized some of these groups are with being ready and having the resources to really use the Builder’s Remedy to get some projects through. CHAIR HANSSEN: And without local control. COMMISSIONER THOMAS: Yes, and I guess that’s the most important part; this Builder’s Remedy is we would have no say. Planning Commission, Town Council, Town Staff would LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have zero say essentially on what would be built, and so we would just lose all local control essentially and that, I know, is really the last thing that a lot of people in Town want. CHAIR HANSSEN: Thank you for that, Commissioner Thomas. Commissioner Burnett. COMMISSIONER BURNETT: Yes, good evening. It’s been an interesting evening. Yes, I do agree with Commissioner Janoff and Commissioner Thomas. I believe this is a good document and I would definitely be for it and sending it back to the Town Council. I also like the idea that two new sites were added, which would help maintain the RHNA plus a buffer, so I think it would be the correct decision to send it back to the Town Council as it is. Thank you. CHAIR HANSSEN: Thank you for the comments. Commissioner Clark. COMMISSIONER CLARK: I have a question, and then I can make some comments. I was wondering how much money is in the Town Affordable Housing Fund and the BMPP funds? I had thoughts similar to Ms. Quintana’s about those being applied to a lot of programs and I was wondering what those funds look like. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: Thank you, Commissioner Clark. I don’t have a number off the top of my head, and there has been some shifting with some of the funds relating to the Dittos Lane project, that was about $1.2 million, so I would assume it’s probably somewhere in the range of about $2.5 million currently. COMMISSIONER CLARK: Okay, thank you. I don't know, maybe something for the Town Council to consider is whether that is sufficient for all the things that we have them allocated for. I don’t have any concrete changes that I’m going to recommend tonight, I just have a few things that I’d appreciate being included in comments to the Council when it’s reviewed, or reviewed by the Housing Element Advisory Board, in the future. I think that there’s a lot about preservation and repair of apartments and things like that, but a big problem I think we all see on the Planning Commission is the constant loss of starter homes in our town. If there’s a home that is relatively affordable and maybe is one or two bedrooms and is one-story and kind of old, it gets bought by someone who has the money to afford it and then it gets turned into a really big home that from then on nobody will be able to afford, and so we’re losing places LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that people can buy when they want to purchase their first home, and so I’d like to see something about preservation of starter homes included. One idea that I have floated around is something like if a family buys a property, they aren’t allowed to demolish the home within their first five years of owning it or something, so that people with a huge amount of wealth don’t buy a tiny home in order to demolish it. Just in general, something along those lines. And maybe like Policy HE-4.4, which is Naturally Occurring Affordable Units, because that’s an example of that. Also, there is not an implementation program for Policy HE-2.2, Housing Vouchers, and I think Section 8 vouchers are really important and I really liked seeing that policy in there, but without an implementation program nothing really concrete around it will happen, so I think we should have an implementation program related to that policy on Section 8 vouchers. For Program D, the North Forty Specific Plan, there’s an increase in the maximum density and I think that we should include an increase in the maximum height as well, because with the first section of the North Forty that people are pretty upset with, the height restriction LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is definitely part of what made them more expensive I know from speaking with the builders of the complex. Also part of the reason why it’s not aesthetically pleasing to a lot of people is because they built as high as they could and then couldn’t really add any shape at the top or anything. So those are the comments. I saw you all taking notes, so thank you; I appreciate it. CHAIR HANSSEN: Those are very good comments. I don't know how much of the Housing Element you got to read, and the devil is certainly in the details, but one of the major goals in the Housing Element is preserving the existing housing stock, so to me that would be a very important detail that we need to have covered as part of that goal. And the policies tend to be fairly high-level too, and sometimes they’re specific, but the implementation programs is where we would have a lot more details, so thank you for those very specific suggestions. COMMISSIONER CLARK: Yes, thank you. CHAIR HANSSEN: I just wanted to add on to Commissioner Janoff’s comments that I feel very comfortable, and even though I’ve been through this document a million times I felt even more comfortable after I read the Staff Report, because the way I was looking at it was it’s not all the way in the details about like what LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 density do you have on what site, it’s the process that we went through. One of the things that we had to do in this Housing Element is add in affirmative fair housing—it’s a new law in California—and so we have a consultant, and the consultants worked on that to make sure that we’ve incorporated all the appropriate language for that. We have to have the site inventory; that part is done, and we have to have goals and policies that would lead us to being successful in meeting our RHNA. The way I really think this will end up happening is once we get the comment letter from HCD, and that’s why I asked about the comment letters comparing this to the comment letters of the other jurisdictions, because it is very clear in all those comments that what they really want is don’t just say I’m going to make affordable housing happen. I’m just using it as an example. It would be like I’m going to take these steps to make this project happen here or this kind of project happen, and so that’s all the stuff that we would think would come from HCD. But I feel really comfortable that we went through this whole process, that we have a good site inventory that could potentially produce the RHNA, and that we have the right kinds of goals and policies and it just LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 needs to go to the next level in terms of detail, and I’m going to guess that when we see HCD’s comments it will be pretty much like that, and there are certainly some modifications that have to happen to make sure we’re in compliance with the State law, because they keep changing, but those are all modifications. Other thoughts from the rest of the Commission? If you don’t have any other concerns we could try a motion and see if we’re there, and if not, we can keep talking. Commissioner Raspe. COMMISSIONER RASPE: Thanks, Chair. I don’t have any particular concerns. I’ve read the document and I think you’re right, the devil is in the details and there’s a lot in there. I’m relying heavily on Staff and the highly qualified members of this Commission who have spent countless hours on it, and I think you’ve done a fantastic job, so I’m comfortable that this document represents our best current efforts and is suitable to go forward. I’m also uncomfortable in the knowledge of the downside if we don’t move forward, what the risks are, and so I think it behooves us to recommend to Town Council that we forward the recommendation of approval of this newly revised Housing Element update. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: Well said, thanks. Commissioner Janoff. COMMISSIONER JANOFF: That sounded like a motion. COMMISSIONER RASPE: It is now. COMMISSIONER JANOFF: If it was, then I’ll second that motion. CHAIR HANSSEN: Do you want that to be a motion, Commissioner Raspe? COMMISSIONER RASPE: Sure. Do you want me to make it a little more formally? CHAIR HANSSEN: Sure, why don’t you go ahead? COMMISSIONER RASPE: I move that we provide to Town Council a recommendation to adopt the Draft 2023-2031 Housing Element as set forth in Exhibit 1 of our Staff Report, with revised Sites Inventory Analysis as provided in Exhibit 4, and a revised Sites Inventory Form as provided in Exhibit 5. CHAIR HANSSEN: Excellent. Second? Commissioner Janoff. COMMISSIONER JANOFF: Second. CHAIR HANSSEN: Any other comments before we vote? I don’t see any. Commissioner Thomas. COMMISSIONER THOMAS: Yes. LOS GATOS PLANNING COMMISSION 1/11/2023 Item #5, General Plan Amendment re: Draft 2023-2031 Housing Element 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR HANSSEN: Commissioner Raspe. COMMISSIONER RASPE: Yes. CHAIR HANSSEN: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR HANSSEN: Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR HANSSEN: Commissioner Burnett. COMMISSIONER BURNETT: Yes. CHAIR HANSSEN: Vice Chair Barnett. VICE CHAIR BARNETT: Yes. CHAIR HANSSEN: And I vote yes as well, so that passes unanimously, and since this is a recommendation I’m just going to clarify with Staff that there are no appeal rights. JENNIFER ARMER: That is correct. (END)