Item2.Addendum with Attachment 5
PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 06/15/2023
ITEM NO: 2
ADDENDUM
TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: June 14, 2023
TO: Housing Element Advisory Board
FROM: Joel Paulson, Community Development Director
SUBJECT: Review and Discuss the California Department of Housing and Community
Development’s (HCD) Findings/Comment Letter Received by the Town on May
30, 2023, and Possible Modifications to the Town’s Draft Revised Housing
Element.
REMARKS:
Attachment 5 contains public comments received between 11:01 a.m., Friday, June 9, 2023,
and 11:00 a.m., Wednesday, June 14, 2023.
Based on this and comments/questions received from members of the public, staff has
compiled the following supplemental information:
A. May 30, 2023, HCD Findings/Comment Letter
As stated in previous staff reports, in their adoption of the 2023-2031 Housing Element on
January 30, 2023, the Town Council determined that the Housing Element was in substantial
conformance with State law. While staff and Council Members acknowledged that the
State was requesting additional explanation and data, the components required by State
law were already in place. As outlined in Attachment 4 of the June 15, 2023, HEAB staff
report, the March 2023 Draft Revised Housing Element provided the additional explanation,
justification, and data requested by the State; however, in the May 30, 2023
Findings/Comment Letter, HCD has requested that additional explanation/narrative on
several topics be provided. Areas where the topics have been addressed are called out in
Attachment 4, with the specific page to locate the information. Staff will continue
discussions with HCD to better understand what additional details are required beyond
what has been provided.
PAGE 2 OF 3
SUBJECT: Review and Discuss the Town’s Draft Revised Housing Element.
DATE: June 14, 2023
REMARKS (continued):
B. Senate Bill (SB) 330
The Town has received three SB 330 preliminary applications for 405 Alberto Way, North
Forty Phase II, and 101 S. Santa Cruz Avenue; however, no formal applications have been
submitted to the Town for any of these projects.
Effective January 1, 2020, SB 330 (Housing Crisis Act of 2019 – Government Code Section
65941.1) expanded State legislation, including the Permit Streamlining Act and Housing
Accountability Act, with the broad goals of facilitating increased production of new
residential units, protecting existing units, and providing for an expedited review and
approval process for housing development projects through submittal of a “preliminary
application.”
Submittal of a preliminary application allows a developer to provide a specific subset of
information on the proposed housing development ahead of providing the full amount of
information required by the Town for a housing development application. Once the
preliminary application is “deemed submitted” and payment of the permit processing fee is
made, a housing developer is allowed to “freeze” the applicable fees and development
standards that apply to their project while they assemble the rest of the material necessary
for a full application submittal. The proposed projects can change prior to formal submittal,
as long as they do not change the number of residential units or square footage of
construction by 20 percent or more. The Town has prepared a page on the Town’s website
with additional information about SB 330: www.losgatosca.gov/2875/Senate-Bill-SB-330.
SB 330 has been available to a property owner and/or developer since the legislation was
adopted and is not tied to the status of a municipality’s Housing Element.
C. Rezoning of the Parcels in the Sites Inventory
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 ,
pursuant to Government Code Section 65588(e)(4)(C)(i)).
Staff has begun work on the rezoning as described in Implementation Programs BF and BG
of the 2023-2031 Housing Element. The General Plan Committee is tentatively expected to
meet in mid-July to review the Zoning and General Plan amendments. Government Code
Section 65588(e)(4)(C)(iii) states that HCD cannot find a housing element that is adopted
after January 31, 2024, in compliance with State law until all necessary rezoning is adopted.
PAGE 3 OF 3
SUBJECT: Review and Discuss the Town’s Draft Revised Housing Element.
DATE: June 14, 2023
ATTACHMENTS:
Previously Received with the June 15, 2023, Staff Report:
1. January 12, 2023, HCD Findings/Comment Letter
2. April 14, 2023, HCD Findings/Comment Letter
3. May 30, 2023, HCD Findings/Comment Letter
4. Draft Response Table to HCD’s Findings/Comment Letter
Received with this Addendum Report:
5. Public Comments received between 11:01 a.m., Friday, June 9, 2023, and 11:00 a.m.,
Wednesday, June 14, 2023.
This Page
Intentionally
Left Blank
1
June 11, 2023
Dear Housing Element Advisory Board,
The LGCA thanks each member of the HEAB for your assistance in advising the Town Council as the Town
contfnues to draft a compliant 2024 Housing Element. We look forward to the day HCD certffies the draft
Housing Element and the Town can move forward in developing the housing required by the 6th cycle
RHNA.
There is considerable work ahead of us. Unfortunately, the process has not been smooth, resultfng in the
Town missing two important statutory deadlines, the most important being January 31, 2023, which was
the statutory deadline for adoptfng a compliant housing element.
We are writfng to you today to ensure the HEAB is fully informed and to provide specific
recommendatfons for your consideratfon as you formulate HEAB’s recommendatfons to the Town
Council.
Background
The Staff report contains a background sectfon which details actfons taken beginning with January 12,
2023.
On January 30, 2023, the Town Council adopted the 2024 Housing Element in accordance with Govt
Code Sectfon 65585 subd (f)(2) which allows the Town to adopt a Housing Element that HCD has found
substantfally incompliant without changes by including written findings explaining why the jurisdictfon
believes that the draft substantfally complies. The resolutfon stated “the Housing Element substantfally
complies with Housing Element Law, as provided in Govt Code Sect 65580 et seq.”
While the resolutfon adoptfng the Element contained findings, there was no documentatfon included
which specifically addressed the HCD January 12, 2023 comment letter which included 7 pages of
specific changes that were determined to be “necessary to bring the Town’s housing element into
compliance”.
Simply claiming the Town Council has “considered the findings made by HCD” and “determined the draft
Housing Element substantfally complies with the requirements of State Housing Element Law” is not
enough. There must be substantfal evidence in the record to substantfate these findings. No such
evidence was provided.
We have also attached a HCD memo dated March 16, 2023 (Attachment 1) which provides clarificatfon of
the requirements for housing element compliance. Specifically, HCD has stated that a “jurisdictfon does
not have the authority to determine that an adopted element is in substantfal compliance but may
provide reasoning why HCD should make a finding of substantfal compliance.” Additfonally, the memo
specifically states a “jurisdictfon is in compliance as of the date HCD’s letter finding the adopted element
ATTACHMENT 5
2
in substantfal compliance.” As of today, the Town has not received a letter from HCD finding the adopted
element is complying. We do not believe that the HEAB has ever been alerted to the HCD memo of
March 16, 2023.
On April 14, 2023, the Town received a second comment letter from HCD which specifically stated that
the findings pursuant to Govt Code Sectfon 65585 (f)(2) were “inadequate to demonstrate compliance
with statutory requirements, and revisions to the element contfnue to be necessary to comply with State
Housing Element Law”. The letter went on to state “the Town’s findings only appear to make an attempt
at meetfng statutory requirements “. These are extraordinarily strong words and the HEAB should take
this very seriously.
Given this, the HEAB should reasonably conclude that the adopted Housing Element does not comply
with State Law and as such the Town is out of compliance with the Housing Accountability Act since the
Town failed to adopt a compliant Element by January 31, 2023.
On May 30, 2023, the Town received a third comment letter from HCD (Attachment 2) which again
concluded “revisions will be necessary to substantfally comply with State Housing Element Law”. The
letter contains 7 pages of comments which specifically discuss changes that are necessary to bring the
Town’s housing element into compliance. In comparing the January 12, 2023, and May 30, 2023 letters, it
appears only modest progress has been made in satfsfactorily addressing HCD’s numerous comments.
The May 30 letter also included a specific warning that the any rezoning required to make prior identffied
sites available, SHALL be completed no later than one year from the statutory deadline of January 31,
2023. This means that by January 31, 2024, the Town must adopt a compliant housing element and
complete all required rezoning, or the housing element cannot be found in substantfal compliance. Given
the Town has already missed the January 31, 2023, and May 31, 2023, statutory deadlines, and the
numerous comments outstanding, we are genuinely concerned about the Town’s ability to meet the
January 31, 2024 deadline.
SB 330 Applications
As a result of the Town not being compliant with HAA, the Town received on June 7, 2023, an SB 330
preliminary applicatfon (Attachment 3) pursuant to the “builder’s remedy” to develop mixed use housing
at 101 South Santa Cruz Avenue. The applicatfon states that “because the City (sic) has yet to adopt a 6th
cycle Housing Element that is substantfally compliant with State Law, this project is a “builder’s remedy”
project”. The project consists of 72 condominium units in one 5 story building (71 feet high) on
approximately .82 acre and would replace the US Post Office building that was constructed in 1967. We
have attached the applicatfon cover letter for your review.
In additfon, the Town received on April 17, 2023, a SB 330 preliminary applicatfon for the development
of Phase II of the North Forty parcels controlled by Grosvenor. While not explicitly mentfoning the
“builders remedy”, for all practfcal purposes the SB 330 applicatfon vests the Town’s noncompliance
status. Additfonally, the applicatfon requested several concessions and waivers and intends to use the
State Density Bonus Law to develop 437 units of which 88 units will be designated for Low Income. The
number of Low-Income units is materially less than the 299 Low Income Units allocated to these parcels
in the Housing Element’s site inventory.
3
Given the noncompliance status, it is highly probable that additfonal SB 330 preliminary applicatfons will
be filed with the Town for development of additfonal parcels.
It is with this informatfon that we respectiully offer the following recommendatfons.
Recommendations
1. The Town should immediately publish a detailed tfmeline showing all required steps to file and obtain
HCD approval of a compliant Housing Element including public comment tfme; the tfme to comply with
CEQA requirements; and the tfme required to rezone the parcels identffied in the Housing Element. The
goal is to evaluate the viability of meetfng the January 31, 2024, deadline. We made this same
recommendatfon late last year.
2. The HEAB should request EMC Planning Group to provide written monthly progress reports to the
HEAB which will track progress against the tfmeline above and work completed. This is a contractual
obligatfon which has not been adhered to.
3. The HEAB should immediately review the Housing Element site inventory and revise the number of
units planned for the North 40 to reflect the SB 330 applicatfon. As a result of the decrease in Low
Income units, additfonal parcels may need to be added to the site inventory to meet the RHNA
requirements by income category.
4. Additfonally, the HEAB should review all nonvacant sites listed in the site inventory and validate the
units by income category will reasonably be redeveloped within the planning period. It is not clear to us
how certain sites assume 40% or more of the total units developed will be for low-income categories
when the Town’s BMP program requires only 20%. There is no data in the Housing Element which would
reasonably support this assumptfon. To the extent that the number of low-income units is reduced,
additfonal sites may need to be added to the site inventory.
5. The HEAB should commit to hold monthly meetfngs to monitor progress and provide community
input. The HCD has repeatedly stressed the importance of public partfcipatfon in the development of the
Housing Element. Holding regularly scheduled HEAB meetfngs is an essentfal element of an effectfve
public partfcipatfon program. Unfortunately, of the 11 HEAB meetfngs scheduled between January 1 and
June 1, 2023, only 2 meetfngs were held. It is difficult to understand how the HEAB can properly
discharge its dutfes to advise the Council if it is not meetfng and actfvely tracking progress.
Thank you for taking our recommendatfons under advisement. Note there are 3 attachments in 1 pdf
document.
Los Gatos Community Alliance
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
MEMORANDUM
DATE: March 16, 2023
TO: Planning Directors and Interested Parties
FROM: Megan Kirkeby, Deputy Director
Division of Housing Policy Development
SUBJECT: Summary and Clarification of Requirements for Housing
Element Compliance
HCD is committed to diligently reviewing all 539 local jurisdictions’ housing elements for
substantial compliance with State Housing Element Law. To comply with State Housing
Element Law and avoid the consequences of noncompliance, a local jurisdiction must,
among other things:
1. Submit a draft housing element to HCD at least 90 days before adoption 1 and receive
findings from HCD determining whether the draft element is substantially compliant,2
and consider HCD’s findings before adopting the draft element.3
In other words, where a jurisdiction submits an “adopted” housing
element before submitting an initial draft or before considering HCD’s findings
on an initial draft, HCD will consider the “adopted” to be an initial draft for
purposes of both HCD’s review and the jurisdiction’s statutory compliance.
2. If HCD finds the draft element is not substantially compliant, revise the draft to
address any findings by HCD 4 or adopt without changes and include written findings
explaining why the jurisdiction believes that the draft substantially complies.5
Promptly following adoption, submit the adopted housing element to HCD 6 and
receive findings on the adopted element from HCD.7
1 Gov. Code, § 65585, subd. (b)(1)
2 Gov. Code, § 65585, subds. (b)(3), (d)
3 Gov. Code, § 65585, subd. (e)
4 Gov. Code, § 65585, subd. (f)(1)
5 Gov. Code, § 65585, subd. (f)(2)
6 Gov. Code, § 65585, subd. (g)
7 Gov. Code, § 65585, subd. (h)
Summary and Clarification of Requirements for Housing Element Compliance
Page 2
In other words, a jurisdiction does not have the authority to determine that its
adopted element is in substantial compliance but may provide reasoning why
HCD should make a finding of substantial compliance.
In addition, a jurisdiction is “in compliance” as of the date of HCD’s letter
finding the adopted element in substantial compliance. Any other letters are
not a finding of substantial compliance.
HCD recommends that a jurisdiction adopt only after receiving a letter from
HCD finding the draft meets statutory requirements.
For more detailed information about this process, please visit HCD’s Housing Elements
webpage and Housing Elements Building Blocks.
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
May 30, 2023
Joel Paulson, Director
Community Development Department
Town of Los Gatos
110 E Main Street
Los Gatos, CA 95030
Dear Joel Paulson:
RE: Town of Los Gatos’ 6th Cycle (2023-2031) Revised Draft Housing Element
Thank you for submitting the Town of Los Gatos’ revised draft housing element update
received for review on March 31, 2023. 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 May 10, 2023 with yourself, Jennifer Armer, Planning Manager, Jocelyn Shoopman
and Erin Walter, associate planners. In addition, HCD considered comments from Phil
Koen pursuant to Government Code section 65585, subdivision (c).
The revised draft housing element addresses many statutory requirements described in
HCD’s January 12, 2023 review; however, revisions will be necessary to substantially
comply with State Housing Element Law (Gov. Code, § 65580 et seq). 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. Please be aware, if the Town fails to adopt a compliant housing element
within one year from the statutory deadline, the element cannot be found in substantial
compliance until all necessary rezones pursuant to Government Code sections 65583,
subdivision (c)(1) and 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 Town 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
I
11324
Joel Paulson, Director
Page 2
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.
Chapter 654, Statutes of 2022 (AB 2339), adds specificity on how cities and counties
plan for emergency shelters and ensure sufficient and suitable capacity. Future
submittals of the housing element may need to address these statutory requirements.
For additional information and timing requirements, please see HCD’s memo at
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339-
notice.pdf.
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 Town 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 Town 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.
We are committed to assisting the Town in addressing all statutory requirements of
State Housing Element Law. If you have any questions or need additional technical
assistance, please contact Jose Armando Jauregui, of our staff, at
jose.jauregui@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
BZW-99999\2792356.1
1331 N. California Blvd.
Fifth Floor
Walnut Creek, CA 94596
T 925 935 9400
F 925 933 4126
www.msrlegal.com
Bryan W. Wenter, AICP
Direct Dial: 925 941 3268
bryan.wenter@msrlegal.com
Offices: Walnut Creek / San Francisco / Newport Beach
June 2, 2023
VIA E-MAIL
Jennifer T.C. Armer, AICP
Planning Manager
Community Development Department
City of Los Gatos
110 E. Main St.
Los Gatos, CA 95030
Email: jarmer@losgatosca.gov
Re: Preliminary Application for 101 South Santa Cruz Avenue, Los Gatos
(APN 529-01-022) ___________________________________________
Dear Jennifer:
Our client, CSM Investments, LLC, hereby submits a Preliminary Application,
pursuant to the “builder’s remedy,” for its proposed mixed-use “housing
development project” at 101 South Santa Cruz Avenue in Los Gatos. This letter and
the enclosed information represent the Project’s Preliminary Application pursuant to
Government Code section 65941.1(a).
A. Project Description
The proposed project consists of 72 condominium units in one 5-story building, with
approximately 75,000 square feet of residential building area and 3,000 square feet
of commercial building area (“Project”) on an approximately 0.82-acre infill property
with one existing legal parcel (Assessor Parcel Number 529-01-022) at 101 South
Santa Cruz Avenue in Los Gatos (“Project Site”). The Project would replace certain
the existing approximately 12,444 square foot United States Post Office building
constructed in 1967.
The residential portion of the Project includes 20 approximately 735 square foot
one-bedroom, one bath units with 122 square foot balconies, 8 approximately 800
square foot one-bedroom, one bath units with 87 square foot balconies, 40
approximately 1,225 square foot two-bedroom, two bath units with 105 square foot
balconies, and 4 approximately 1,225 square foot two-bedroom, two bath units with
98 square foot balconies. And the Project includes 116 residential parking stalls
Attachment 3
City of Los Gatos
Community Development Department
June 2, 2023
Page 2
BZW-99999\2792356.1
and 23 parking space credits within the Town’s Downtown Parking Assessment
District.
Of the 72 condominiums, 57 will be market-rate and 15 (20%) will be affordable to
lower-income households).
The Project seeks the City’s approval of a Tentative Parcel Map and Density Bonus.
B. State Housing Law
This Project is protected by the provisions of the Housing Accountability Act (Gov.
Code § 65589.5 “HAA”), as we will explain in detail in subsequent correspondence.
In particular, as briefly indicated above, because the Project will be affordable as
defined in the HAA (Gov. Code § 65589.5(h)(3)) given that 20% of the units will be
deed-restricted for lower-income households, and because the City has yet to adopt
a 6th Cycle Housing Element that is substantially compliant with state law, this
project is a “builder’s remedy” project. (Gov. Code § 65589.5(d)(5)). Government
Code section 65589.5(d) requires approval of any 20% lower-income or 100%
moderate-income housing development project regardless of its consistency with
the general plan land use designation or zoning ordinance. In addition, please
further note that the project is also protected by the Density Bonus Law (Gov. Code
§§ 65915-65918; “DBL”), as we will also explain in subsequent correspondence.
C. Senate Bill 330
Signed into law on October 9, 2019 by Governor Newsom and effective January 1,
2020, SB 330 declared a statewide housing emergency. The bill places restrictions
on certain types of development standards, amends the HAA, and makes changes
to local approval processes and the Permit Streamlining Act (Gov. Code § 65920 et
seq.). During the housing emergency period, as extended until 2030 by Senate Bill
8, all cities are subject to specified project review requirements and timelines
regarding applications for housing developments. These changes include a
prohibition on applying new zoning regulations and development standards or listing
the project as a local historic landmark after a project’s application is submitted,
except under certain specified circumstances. Housing developments that meet all
applicable objective general plan and zoning standards may only be subject to a
limited number of public hearings, including continuances and appeal hearings.
City of Los Gatos
Community Development Department
June 2, 2023
Page 3
BZW-99999\2792356.1
1. Preliminary Application
SB 330 allows an applicant to submit a Preliminary Application for any “housing
development project,” meaning a project that is at least two-thirds residential by
square footage. (Gov. Code § 65941.1). A Preliminary Application is separate and
distinct from, and does not require as much detail as, a traditional development
application—i.e., a “Formal Application.” SB 330 precludes local agency input into
the required contents of a Preliminary Application. For example, the local agency
may not add to the 17-item checklist.1 In addition, the applicant may elect to use a
city’s Preliminary Application checklist, a checklist created by the California
Department of Housing and Community Development, the applicant’s own checklist,
or no checklist at all. (Gov. Code § 65941.1(b)). Finally, the local agency has no
role in determining the completeness of a Preliminary Application.2 Thus, if the
applicant complies with the checklist, then the Preliminary Application is complete at
the moment of filing-and vested rights accrue at that moment—without any
affirmative action by the City required or allowed.
If an applicant submits a Formal Application within 180 days of submitting a
Preliminary Application, then the zoning, design, subdivision, and fee requirements
in effect at the time the Preliminary Application was submitted shall remain in effect
for the remainder of the entitlement and permitting process, with certain limited
exceptions,3 plus two and one-half years following the date of final approval.
This is the earliest form of vested rights provided in the state Planning and Zoning
Law and it is completely applicant controlled.
2. Consistency with General Plan and Zoning
SB 330 provides that a housing development project “shall be deemed consistent,
compliant, and in conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision if there is substantial evidence that
would allow a reasonable person to conclude that the housing development project
1 Gov. Code § 65941.1(b)(3) (“A checklist or form shall not require or request any
information beyond that expressly identified in subdivision (a).”).
2 Gov. Code § 65941.1(d)(3) (“This section shall not require an affirmative determination by
a city, county, or city and county regarding the completeness of a preliminary application or a
development application for purposes of compliance with this section.”).
3 Exceptions to this rule include: (1) development impact fees, application and permit
processing fees, capacity or connection fees, or other charges may be annually adjusted
based on a published cost index (Gov. Code § 65589.5(o)(2)(A)); (2) where the requirement
is necessary to avoid an adverse impact to public health or safety as defined in state law
(Gov. Code § 65589.5(o)(2)(B)); (3) where the requirement is necessary to avoid or lessen
an impact under CEQA (Gov. Code § 65589.5(o)(2)(C)); (4) where the project does not
commence construction within two and one-half years of the project’s site permit being
issued (Gov. Code § 65589.5(o)(2)(D)); and (5) where the project increases by more than 20
percent in the number of units or total square footage beyond the preliminary application,
except as the project may be revised using a density bonus (Gov. Code § 65589.5(o)(2)(E)).
City of Los Gatos
Community Development Department
June 2, 2023
Page 4
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is consistent, compliant, or in conformity.” (Gov. Code § 65905.5(c)(1)). It also
provides that a proposed housing development project “is not inconsistent with the
applicable zoning standards and criteria, and shall not require a rezoning, if the
housing development project is consistent with the objective general plan standards
and criteria, but the zoning for the project site is inconsistent with the general plan.”
(Gov. Code § 65905.5(c)(2)).
3. Early Statutory Vested Rights
As noted above, the filing of a Preliminary Application provides the earliest form of
vested rights established in California law. Subject to certain limited exceptions, SB
330 provides that a housing development project shall be subject only to the
ordinances, policies, and standards adopted and in effect when a Preliminary
Application was submitted. (Gov. Code § 65589.5(o)). An applicant for a housing
development project may bring legal action to enforce the HAA if a local agency
requires or attempts to require a housing development project to comply with an
ordinance, policy, and standards (which includes those relating to development
impact fees, capacity or connection fees, or permit processing fees), not adopted
and in effect when a Preliminary Application was submitted. (See Gov. Code
§ 65589.5(k)(1)(a)(i)(III) and § 65589.5(o)(4)).
4. Limited Public Hearings
Under SB 330, housing development projects that comply with applicable objective
general plan and zoning standards are subject to a maximum of five public
hearings4 prior to final action by the City. (Gov. Code § 65905.5(a)). The City must
consider and either approve or disapprove the project at one of these five hearings,
after which no further hearings may be held in connection with project approval.
(Id.).
D. Conclusion
We would be happy to discuss the Project or this Preliminary Application with you at
any time. We will file the Formal Application within 180 days, as required by
Government Code section 65941.1(d)(1)).
Sincerely,
MILLER STARR REGALIA
Bryan W. Wenter
Bryan W. Wenter, AICP
4 The term “hearing” is broadly defined to include informational hearings, hearings at which
the project is continued to another date, sub-committee hearings, and appeal hearings.
(Gov. Code § 65905.5(b)(2)).
City of Los Gatos
Community Development Department
June 2, 2023
Page 5
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BWW/kli
cc: Michael T. LaBarbera
about this at the DT mee�ng last night, this is of par�cular interest to the DT members so I am keeping
them in the loop by copying them in on this latest development.
htps://www.losgatosca.gov/DocumentCenter/View/35344/Preliminary-Applica�on-Cover-Leter---101-
S-Santa-Cruz-Ave-PDF
Jak Van Nada -
Los Gatos Community Alliance
Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town