Attachment 16 - Revised Draft Resolution
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DRAFT RESOLUTION 2023-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ADOPTING A GENERAL PLAN AMENDMENT
AND ADOPTING THE HOUSING ELEMENT OF THE GENERAL PLAN
FOR THE PERIOD OF 2023-2031 IN SUBSTANTIAL COMPLIANCE
WITH STATE HOUSING ELEMENT LAW.
GENERAL PLAN AMENDMENT APPLICATION: GP-22-003
WHEREAS, the California Legislature has found that, “California has a housing supply
and affordability crisis of historic proportions” (Gov. Code Section 65589.5); and
WHEREAS, the Legislature has further found that, “Among the consequences of those
actions are discrimination against low-income and minority households, lack of housing to
support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl,
excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5); and
WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330)
which states that, “In 2018, California ranked 49th out of the 50 states in housing units per
capita… California needs an estimated 180,000 additional homes annually to keep up with
population growth, and the Governor has called for 3.5 million new homes to be built over 7
years”; and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.)
requires that the Town Council adopt a Housing Element for the eight-year period 2023-2031 to
accommodate the Town of Los Gatos (Town) regional housing need allocation (RHNA) of 1,993
housing units, comprised of 537 very-low income units, 310 low-income units, 320 moderate-
income units, and 826 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, the Town has prepared Housing
Element 2023-2031 (the Housing Element) in compliance with State Housing Element Law and
has identified sites that can accommodate housing units meeting the Town’s RHNA; and
WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the
Housing Element constitutes a General Plan amendment; and
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WHEREAS, as provided in Government Code Sections 65352 – 65352.5 the Town mailed
a public notice to all California Native American tribes provided by the Native American
Heritage Commission; and
WHEREAS, no California Native American tribe requested consultation; and
WHEREAS, the Town conducted extensive community outreach beginning in the
summer of 2021, including 13 Housing Element Advisory Board (HEAB) public meetings; a joint
study session with the HEAB, Planning Commission, and Town Council; four Town Council
meetings; two community meetings; and public engagement at staff hosted information
booths; and
WHEREAS, in accordance with Government Code Section 65585 (b), on August 29, 2022,
the Town posted the Draft Housing Element and requested public comment for a 30-day review
period, and on October 14, 2022, after responding to public comments, the Town submitted
the Draft Housing Element to the State Department of Housing and Community Development
(HCD) for its review; and
WHEREAS, the Town’s deadline to adopt a Housing Element that is in substantial
compliance with State Housing Element law is January 31, 2023; and
WHEREAS, on January 11, 2023, the Planning Commission held a duly and properly
noticed public hearing and recommended that the Town Council adopt the Draft Housing
Element, the General Plan Amendment Application, and associated Environmental Analysis; and
WHEREAS, on January 12, 2023, the Town received a letter from HCD that provides a list
of recommended revisions that will be necessary to comply with State Housing Element Law;
WHEREAS, HCD’s primary recommended revision was that the Town revise its sites
inventory to assume that properties will be developed at their minimum density;
WHEREAS, the Town has revised its sites inventory to assume that properties will be
developed at their minimum density and added two additional sites to the sites inventory so
that the Town can satisfy its Regional Housing Needs Allocation;
WHEREAS, with that revision to the sites inventory, the Town believes that the Draft
Housing Element substantially complies with State Housing Element Law for the reasons stated
in the Findings below;
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WHEREAS, the Housing Element will return to the Town Council with the additional
information requested by HCD in its comment letter; and
WHEREAS, the Town Council requested the opportunity to consider adopting the
Housing Element in January in order to meet the January 31st deadline for adoption of a
Housing Element that is in substantial compliance with State Housing Element Law, and
anticipate amending the adopted Housing Element subsequent to adoption in order to add the
information recommended by HCD; and
WHEREAS, this matter came before the Town Council for public hearing on January 30,
2023, and was regularly noticed in conformance with State and Town law; and
WHEREAS, Town Council received testimony and documentary evidence from all
interested persons who wished to testify or submit documents. Town Council considered all
testimony and materials submitted, including the record of the Planning Commission
proceedings and the packet of material contained in the Council Agenda Report for their
meeting on January 30, 2023, along with any and all subsequent reports and materials prepared
concerning this matter.
NOW, THEREFORE, BE IT RESOLVED, THAT THE TOWN COUNCIL HEREBY FINDS THAT
BASED ON SUBSTANTIAL EVIDENCE IN THE RECORD:
1. The foregoing recitals are true and correct and are incorporated by reference into
this action.
2. An Environmental Analysis was prepared for the Draft Housing Element. Although
the Housing Element Update could have a significant effect on the environment, all
potentially significant effects have been analyzed adequately in Town of Los Gatos
2040 General Plan Environmental Impact Report (EIR), adopted with statement of
overriding considerations on June 30, 2022, pursuant to applicable standards,
including CEQA Guidelines Section 15168(c)2, and the Draft Housing Element is
consistent with the growth projections evaluated in the General Plan EIR.
3. In accordance with Government Code Section 65585(f)(1), the Town has changed
the draft Housing Element to substantially comply with Housing Element Law by
revising the sites inventory to assume development at minimum density and adding
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two additional sites to insure that the Town meets its Regional Housing Needs
Allocation.
4. In addition, in accordance with Government Code Section 65585(f)(2), despite HCD’s
findings, the Town believes that the Housing Element substantially complies with
Housing Element Law, as provided in Government Code 65580 et seq., in that it:
a. Contains all provisions required by State Housing Element Law;
b. Includes an assessment of housing needs, and an inventory of resources and
constraints upon the provision of housing;
c. Includes a statement of goals, policies, quantified objectives, financial
resources, and scheduled programs for the preservation, improvement, and
development of housing;
d. Identifies adequate sites for housing to accommodate the Town’s RHNA
allocation because:
i. the Town’s RHNA allocation is 1,993 units and sites accommodating
[2,312 units] have been identified; and
ii. the Sites Inventory has incorporated HCD’s recommendation that
development at minimum density be assumed and two additional
sites have been added in order for the Town to meet its Regional
Housing Needs Allocation); and
e. Makes adequate provision for the existing and projected needs of all
economic segments of the community in that the sites inventory
accommodates the Town’s RHNA, which includes 537 very low-income units,
310 low-income units, 320 moderate-income units, and 826 above
moderate-income units.
5. Based on substantial evidence in the record through the submittal of Property
Owner Interest Forms, the existing uses on the non-vacant sites identified in the site
inventory to accommodate the RHNA do not constitute an impediment to planned
residential development on the sites during the planning period.
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6. As required by Government Code Section 65585(e), the Town Council has
considered the findings made by HCD included in HCD’s letter to the Town of Los
Gatos dated January 12, 2023, consistent with Government Code Section 65585(f),
incorporated herein, and determined that the Draft Housing Element substantially
complies with the requirements of State Housing Element Law with the
recommended change to the Town’s sites inventory incorporated.
NOW, THEREFORE, THE TOWN COUNCIL RESOLVES AS FOLLOWS:
1. The Town Council hereby adopts the 2023-2031 Housing Element, the associated
General Plan Amendment Application (GP-22-003) which includes the revised Sites
Inventory Analysis, revised Sites Inventory Form, and the Environmental Analysis
attached here to as Exhibits 1 and 2.
2. Staff is directed to continue to work with HCD to incorporate the additional
information requested by HCD in order to achieve certification and return to the
Town Council with an amendment incorporating the remainder of HCD’s
recommendations.
3. This Resolution shall become effective upon adoption by the Town Council.
4. The Community Development Department is directed to submit a copy of the
adopted Housing Element to HCD.
5. The Community Development Department or designee is hereby directed to
distribute copies of the Housing Element in the manner provided in Government
Code Sections 65357 and 65589.7.
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PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Los
Gatos, California, held on the 30th day of January 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________