Item2.Staff Report with Attachments 7 and 8 (PDF)
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: 07/20/2023
ITEM NO: 2 TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: July 13, 2023
TO: Housing Element Advisory Board
FROM: Joel Paulson, Community Development Director
SUBJECT: Review and Discuss Portions of the Town’s Interim Working Draft Revised
Housing Element Addressing the California Department of Housing and
Community Development’s (HCD) Findings/Comment Letter Received by the
Town on May 30, 2023.
BACKGROUND:
The following is a summary of public meetings and formal HCD comment letters received on the
Housing Element in 2023:
• January 12, 2023 – Town received a HCD findings/comment letter (Attachment 1).
• January 30, 2023 – Town Council adopted the 2023-2031 Housing Element with
modifications to the Sites Inventory.
• February 3 to 10, 2023 – Seven-day public review period for the 2023-2031 Housing Element
as adopted by the Town Council on January 30, 2023.
• February 13, 2023 – Town submitted the adopted 2023-2031 Housing Element to HCD. A
cover letter was included in the submittal describing that the Town was in the process of
addressing all the remaining comments found in the HCD findings/comment letter and
would be resubmitting a Draft Revised Housing Element after all the revisions were
completed. The cover letter and submittal documents are available online at:
https://www.losgatosca.gov/HousingElement.
• February 16, 2023 – The Housing Element Advisory Board (HEAB) met to review and discuss
the HCD findings/comment letter, and how the comments and findings would be addressed.
• March 16, 2023 – The HEAB reviewed the Draft Revised 2023-2031 Housing Element which
included modifications to the Town Council adopted 2023-2031 Housing Element in
response to the January 12, 2023, HCD comments.
PAGE 2 OF 4
SUBJECT: Review and Discuss Portions of the Town’s Interim Working Draft Revised
Housing Element
DATE: July 13, 2023
BACKGROUND (continued):
• March 23 to 30, 2023 – Seven-day public review period for the Draft Revised 2023-2031
Housing Element as recommended by the HEAB.
• March 31, 2023 – The Town submitted the Draft Revised 2023-2031 Housing Element to HCD
for review. The March 31, 2023, cover letter, and submittal documents are available online
at: https://www.losgatosca.gov/HousingElement.
• April 4, 2023 – The Town Council reviewed and discussed the Draft Revised 2023-2031
Housing Element as submitted to the HCD on March 31, 2023.
• April 14, 2023 – The Town received a HCD findings/comment letter on the adopted Housing
Element that was submitted to HCD on February 13, 2023 (Attachment 2).
• April 21, 2023, and May 10, 2023 – Staff met with the Town’s HCD reviewer to discuss the
March 31, 2023 resubmittal and to receive preliminary feedback.
• May 30, 2023 – The Town received a HCD findings/comment letter on the Draft Revised
Housing Element. The findings/comment letter is in reference to the Town’s Draft Revised
Housing Element submitted to HCD on March 31, 2023. HCD determined that the Town’s
Draft Revised Housing Element addresses many statutory requirements, but identified
revisions necessary to comply with State Housing Element law (Attachment 3).
On June 15, 2023, the HEAB held a meeting to review and discuss the HCD findings/comment
letter, and how the comments and findings could be addressed. The HEAB discussed and
provided direction to staff including, but not limited to: continue to look to neighboring
jurisdictions who have received certification from HCD as examples to address HCD’s May 31,
2023, findings/comment letter; schedule monthly HEAB meetings until the Housing Element
receives certification by HCD; and include a Housing Element Timeline on the Town’s Housing
Element webpage.
On June 20, 2023, Town Staff met with the Town’s HCD reviewer to discuss and receive
clarification on HCD’s May 31, 2023, findings/comment letter. The HCD reviewer provided
some clarification on the AFFH findings/comments. The HCD reviewer also provided examples
from the City of Torrance, Rolling Hills, and Rolling Hills Estates on housing programs that
address AFFH. The City of Corona was provided as an example of how AFFH Site Analysis was
addressed. Staff has forwarded this information to the Town’s AFFH consultant, Root Policy
Research, as they continue their work on addressing HCD’s AFFH findings/comments.
DISCUSSION:
The purpose of this meeting is to review and discuss portions of the Town’s Interim Working
Draft Revised Housing Element, addressing HCD’s findings/comment letter, and the Interim
Working Draft Response Memorandum breaking HCD’s findings/comment letter into individual
comments and summarizing the modifications staff has prepared thus far.
PAGE 3 OF 4
SUBJECT: Review and Discuss Portions of the Town’s Interim Working Draft Revised
Housing Element
DATE: July 13, 2023
DISCUSSION (continued):
The Interim Working Draft Response Memorandum to HCD’s Findings Comment Letter can be
found in Attachment 7.
The track changes copy of the Interim Working Draft Revised Housing Element is available online
at: www.losgatosca.gov/HousingElement.
Modifications to the Interim Working Draft Revised Housing Element are still in progress and will
continue to be refined as Town staff works with the Town’s AFFH Consultant, Root Policy
Research. Additionally, staff will be working with Veronica Tam and Associates, Inc., a Housing
Element consultant who has achieved Housing Element certification with multiple agencies, to
help the Town achieve certification. The Town’s original consultant (EMC) contract expires on
July 31, 2023, and the Town is not extending the contract.
NEXT STEPS:
Staff will return to HEAB after completing additional modifications to the Draft Housing Element
for review and discussion. Based on the review and a recommendation from the HEAB, the
latest Draft Revised Housing Element would then be available to the public for a seven-day
review period as required by Assembly Bill 215. HCD requires that a track change copy and a
clean copy of the Draft Revised Housing Element be available for viewing during the seven-day
review period. In addition, an email will be sent to all individuals and organizations that
previously requested notices relating to the Town’s Housing Element Update.
Following the seven-day review period, the Town will resubmit to HCD for review. Subsequent
review by HCD will take up to 60 days. Based on the experience of neighboring jurisdictions,
HCD could issue an additional comment letter. Once HCD determines and communicates that
the Town’s Draft Revised Housing Element is ready for certification, the public hearing process
for adoption will occur again with the Planning Commission making a recommendation and the
Town Council making the final decision on adoption of the Housing Element.
PUBLIC COMMENTS:
Attachment 8 includes public comments received between 11:01 a.m., Thursday, June 15, 2023,
and 11:00 a.m. Thursday, July 13, 2023.
Public comments are encouraged throughout the Housing Element update process and can be
emailed to HEUpdate@losgatosca.gov.
PAGE 4 OF 4
SUBJECT: Review and Discuss Portions of the Town’s Interim Working Draft Revised
Housing Element
DATE: July 13, 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 Memorandum to HCD’s Findings Comment Letter
Previously Received with the June 15, 2023, Addendum Report:
5. Public Comments received between 11:01 a.m., Friday, June 9, 2023, and 11:00 a.m.,
Wednesday, June 14, 2023.
Previously Received with the June 15, 2023, Desk Item Report:
6. Public Comments received between 11:01 a.m., Wednesday, June 14, 2023, and 11:00 a.m.,
Thursday, June 15, 2023.
Received with this Staff Report:
7. Interim Working Draft Response Memorandum to HCD’s Findings Comment Letter
8. Public Comments Received between 11:01 a.m., Thursday, June 15, 2023, and 11:00 a.m.
Thursday, July 13, 2023
ATTACHMENT 7
May 30, 2023, HCD Comments on Draft Revised Housing Element with Responses
Town’s Interim Working Draft Revised Housing Element – July 2023
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
#1 A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with
Chapter 15 (commencing with Section 8899.50) of Division
1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).
Regional Level Patterns and Trends: The element includes
some data and analysis regarding different patterns for
various socio-economic characteristics (race and income).
However, a complete analysis should analyze this data for
patterns and trends at the regional level, comparing the
locality to the broader region, including integration and
segregation (race, income, disability, and familial status),
disparities in access to opportunity (education, environmental,
transportation, economic), and disproportionate housing
needs (cost burdened, overcrowded, substandard housing
conditions, homelessness, and displacement risks). Please see
HCD's January 12, 2023 review for additional information.
Analysis to be completed by the Town’s AFFH
consultant and provided to staff by the end of
July 2023.
#2 Income and Racial Concentration of Affluence (RCAA): The
element states that a RCAA does not exist; however, the Town
is predominantly a high resource category according to
TCAC/HCD Opportunity Maps and is predominantly higher
income. These patterns differ from the surrounding region
and the element should include specific analysis of the Town
compared to the region and should formulate policies and
programs to promote an inclusive community. For example,
the Town should consider additional actions (not limited to
the Regional Housing Needs Allocation (RHNA) to promote
housing mobility and improve new housing opportunities
throughout the Town.
Analysis to be completed by the Town’s AFFH
consultant and provided to staff by the end of
July 2023.
#3 Disparities in Access to Opportunity: While the element was
revised to include the distances between public schools for
each site to a public transit line, it must also evaluate and
compare concentrations of protected groups with access to
Analysis to be completed by the Town’s AFFH
consultant and provided to staff by the end of
July 2023.
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
transportation options. In addition, it must also analyze any
disproportionate transportation needs for members of
protected classes.
#4 Identified Sites and Affirmatively Furthering Fair Housing
(AFFH): While the element was revised with brief conclusions
that identified sites do not exacerbate fair housing conditions,
it must also quantify the number of units by income group and
location then evaluate the impact on socio-economic
concentrations. Please see HCD's January 12, 2023 review for
additional information.
Work on addressing this comment is still
underway and has not been completed at this
time.
#5 Local Data, Knowledge and Other Relevant Factors:
The element included some information about regional
history, referenced stakeholder comments and discussed the
location of assisted projects and housing choice vouchers.
However, the element needs to provide information and
analysis that relates, supports, or supplements the exist ing
analysis, fair housing conclusions, or contributing factors. The
element must consider other relevant factors that have
contributed to certain fair housing conditions. This analysis
must consider information that is unique to the Town or
region; such as governmental and nongovernmental actions;
historical land use and zoning practices (e.g., past
redlining/Greenlining, restrictive covenants, planning
documents, etc.); disparities in investment to specific
communities including transportation investments; seeking
investment or lack thereof to promote affordability and
inclusion; local initiatives, or other information that may have
impeded housing choices and mobility.
A new section on “Town History” in Appendix
A, page A-13 describes the local history of the
Town, its regional setting, historical land use
patterns, restrictive covenants, and other
information which may have impeded
housing mobility.
Refer to page
103.
Refer to page
H.II-47.
#6 Contributing Factors to Fair Housing Issues:
The element identifies contributing factors to fair housing
issues. However, these issues and goals do not appear
adequate to facilitate the formulation of meaningful actions to
AFFH. The element should re-assess contributing factors upon
completion of analysis and make revisions as appropriate. In
addition, the element must prioritize these factors to better
formulate policies and programs and carry out meaningful
actions to AFFH.
Work on addressing this comment is still
underway and has not been completed at this
time.
#7 2. Include an analysis and documentation of household
characteristics, including level of payment compared to
New text estimating the approximate number
of units in need of rehabilitation and
Refer to page 56. Refer to page
H.II-95.
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
ability to pay, housing characteristics, including
overcrowding, and housing stock condition. (Gov. Code, §
65583, subd. (a)(2).
Housing Conditions: The element discusses code enforcement
violations; however, it must also provide a Town-wide
estimate of the number of units in need of rehabilitation and
replacement.
replacement provided in Appendix B on page
B-25. Additionally, data from Project
Sentinel, the Town’s contract administrator of
the Rental Dispute Mediation and Arbitration
Program is provided on page B-27 with the
number of housing maintenance and repair
inquiries received.
#8 3. An inventory of land suitable and available for residential
development, including vacant sites and sites having
realistic and demonstrated potential for redevelopment
during the planning period to meet the locality’s housing
need for a designated income level, and an analysis of the
relationship of zoning and public facilities and services to
these sites. (Gov. Code, § 65583, subd. (a)(3).
Realistic Capacity: While the element now clarifies that
minimum densities are utilized toward the calculation of
realistic capacity; it must still address HCD’s prior finding
regarding the likelihood for 100 percent nonresidential
development in zones allowing 100 percent nonresidential
uses. Please see HCDs prior review for additional information.
Implementation Program D on page 10-41
was modified to clarify that the North Forty
Specific Plan would allow for a range of
density between 30 dwelling units per acre to
40 dwelling units per acre.
A new section on “Appropriate
Density/Default Density” in Appendix D,
starting on page D-2 describes the
development trends of residential
development in the Town and nearby
jurisdictions, capacity information on non-
vacant and commercial sites, and examples of
residential development that occurred on
non-residentially zoned parcels in the Town.
Refer to page
175.
Refer to page
H.IV-19.
#9 Nonvacant Sites: The element was not revised to address this
finding. Please see HCD's January 12, 2023 review for
additional information. In addition, specific analysis and
actions are necessary if the housing element relies upon
nonvacant sites to accommodate more than 50 percent of the
RHNA for lower-income households. For your information, the
housing element must demonstrate existing uses are not an
impediment to additional residential development and will
likely discontinue in the planning period. (Gov. Code, §
65583.2, subd. (g)(2). Absent findings (e.g., adoption
resolution) based on substantial evidence, the existing uses
will be presumed to impede additional residential
development and will not be utilized toward demonstrating
adequate sites to accommodate the RHNA.
A new section on “Appropriate
Density/Default Density” in Appendix D,
starting on page D-2 describes development
trends in residential development in the
Town and nearby jurisdictions, details on the
questions provided on the Town’s Property
Owner Interest Forms in relation to HCD’s
Sites Inventory Guidebook, and construction
age of the majority of the commercial
buildings within the Sites Inventory.
Refer to page
188.
Refer to page
H.IV-31.
#10 Small Sites: The element was not revised to address this Work on addressing this comment is still
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
finding. Please see HCD's January 12, 2023 review for
additional information.
underway and has not been completed at this
time.
#11 SB 9 Sites: The element is projecting 96 units that will be
developed based on the passage of SB 9 (Statutes of 2021) to
accommodate a portion of its above moderate-income RHNA.
To utilize projections based on SB 9 legislation, the element
must; 1) include a site-specific inventory of sites where SB 9
projections are being applied; 2) include a nonvacant sites
analysis demonstrating the likelihood of redevelopment and
that the existing use will not constitute as an impediment for
additional residential use. The element should list the four
two-unit housing development applications and the seven
urban lot splits, and the two development requests on single-
family residential zoned parcels; and Program BL should be
revised to implement significant incentives to encourage and
facilitate development. Please see HCD's January 12, 2023
review for additional information.
Work on addressing this comment is still
underway and has not been completed at this
time.
#12 Zoning for a Variety of Housing Types (Manufactured
Housing): The element was not revised to address this finding.
Please see HCD's January 12, 2023 review for additional
information.
New text was added to describe what
manufactured housing is and where in the
Town is it permitted, starting on page C-11 of
Appendix C.
Refer to page
147.
Refer to page
H.II-137.
#13 Electronic Sites Inventory: For your information, pursuant to
Government Code section 65583.3, the Town must submit an
electronic sites inventory with its adopted housing element.
The Town must utilize standards, forms, and definitions
adopted by HCD. While the Town has submitted an electronic
sites inventory, if any changes occur, the Town should submit
the revised inventory to HCD as part of any future re-adoption
submittal.
Work on addressing this comment is still
underway and has not been completed at this
time.
#14 4. An analysis of potential and actual governmental
constraints upon the maintenance, improvement, or
development of housing for all income levels, including the
types of housing identified in paragraph (1) of subdivision
(c), and for persons with disabilities as identified in the
analysis pursuant to paragraph (7), including land use
controls, building codes and their enforcement, site
improvements, fees and other exactions required of
developers, and local processing and permit procedures...
(Gov. Code, § 65583, subd.(a)(5).
Details on the residentially permitted uses for
the North Forty Specific Plan was added to
Table C-2 of Appendix C on page C-5.
A new table detailing the General Plan land
use categories which permit residential uses
was created as Table C-3 of Appendix C on
page C-7.
Refer to page
140.
Refer to page
H.II-151 – H.II-
153
Refer to page
H.II-124.
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
Land Use Controls: The element now lists development
standards by zoning district. However, it must also list and
evaluate development standards for the North Forty Specific
Plan, Mixed-Use Commercial, and the High-Density Residential
zones. Please see HCD's January 12, 2023 review for additional
information.
#15 Fees and Exaction: The element now compares total fees as a
proportion of the total development costs but still must list
the fees that comprise that total and particularly impact fees
then evaluate those total fees for impacts on development
costs.
New text was added starting on page C-30 of
Appendix C, Development Impact Fees, listing
the fees and evaluating the total fees for
impacts on development costs.
Refer to page
161-162.
Refer to H.II-161.
#16 Local Processing and Permit Procedures: While the element
provides additional information on the processing of a typical
market rate single or multi-family housing application, it
mentions approval is required by the Development Review
Committee (DRC) (p. C-29). The element must describe and
analyze the DRC process, identify and evaluate approval
findings for impacts on housing cost and approval certainty.
New text was added to describe and analyze
the development process, including the DRC
process, starting on page C-32 of Appendix C.
New text was added starting on page C-39 of
Appendix C, Findings and Permit Process
Related to Housing, which identify the
approval findings and permit process
required.
Refer to 154-
156.
Refer to H.II-156.
#17 Housing for Persons with Disabilities: The prior review found
the Town’s reasonable accommodation procedure contains
constraints. For example, subjective language in approval
findings such as “no impact on surrounding uses” can lead to
uncertainty of project approval through a discretionary
process. In response, the Town commits Program BC to revise
subjective language criteria to “minimal impact on surround
uses” (p. C-38). However, reasonable accommodation is a
unique exception process that should not contain findings
similar to a conditional use permit. Program BC should be
revised to specifically remove the surrounding uses finding.
The text of Implementation Program BC on
page 10-62 was modified to remove the
subjective language regarding the
surrounding uses finding.
Refer to page
226.
Refer to page
H.II-166.
#18 Inclusionary Zoning Ordinance: While the element now
discusses alternatives for meeting the Town’s inclusionary
requirements, it should still describe incentives, including
relationships with state density bonus law and how the level
of affordability is determined.
New text was added to Section C.2 of
Appendix C, starting on page C-46 which
includes details on the affordability levels of
the Town’s Below Market Price Program and
its relationship with State Density Bonus Law.
N/A N/A
#19 5. Analyze any special housing needs such as elderly;
persons with disabilities, including a developmental
disability; large families; farmworkers; families with female
Work on addressing this comment is still
underway and has not been completed at this
time.
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
heads of households; and families and persons in need of
emergency shelter. (Gov. Code, § 65583, subd. (a)(7).
Special Housing Needs: The element was not revised to
address this finding. Please see HCD's January 12, 2023 review
for additional information.
Special Housing Needs: While the element quantifies some of
the Town’s special needs populations, it must also estimate
the number of persons experiencing homelessness in the
Town. In addition, the element reports data but must also
analyze the special housing needs. For a complete analysis of
each population group, the element should quantify the
needs, evaluate trends and characteristics (e.g., tenure,
income) of housing needs, discuss disproportionate challenges
faced by the population, the existing resources to meet those
needs, assess any gaps in resources or effectiveness of past
strategies, describe the magnitude of the remaining need and
appropriate propose policies and programs.
#20 B. Housing Programs
1. Include a program which sets forth a schedule of actions
during the planning period, each with a timeline for
implementation, which may recognize that certain
programs are ongoing, such that there will be beneficial
impacts of the programs within the planning period, that
the local government is undertaking or intends to
undertake to implement the policies and achieve the goals
and objectives of the Housing Element... (Gov. Code, §
65583, subd. (c).
Programs must demonstrate that they will have a
beneficial impact within the planning period. Beneficial
impact means specific commitment to deliverables,
measurable metrics or objectives, definitive deadlines,
dates, or benchmarks for implementation. Deliverables
should occur early in the planning period to ensure actual
housing outcomes. The following programs still must be
revised to include specific commitments and definitive
timelines as follows:
• Program M (Lot Consolidation): While the program was
The text of Implementation Program M on
page 10-44 was modified to increase the
numerical objective to facilitate nine lot
consolidations.
The text of Implementation Program S on
page 10-47 was modified by increasing the
numerical objective to target meaningful
outcomes during the planning period.
The text of Implementation Program T on
page 10-47 was modified revising the
timeframe to 2026, earlier in the planning
period to target a beneficial impact.
The text of Implementation Program BM on
page 10-67 was modified to commit to an
actual outcome and establish exceptions and
alternatives for meeting the story pole
requirement including, renderings, digital
simulations, signage, and reduction of the
number of story poles.
N/A N/A
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
revised to facilitate four units through the lot
consolidation process, it should increase the numerical
objective in stride with the need. Specially as the Town is
relying on several small sites to accommodate a portion
of lower income RHNA.
• Program S (Affordable Housing Development): The
program should increase the numerical objective to target
meaningful outcomes during the planning period.
• Program T (Purchase Affordability Covenants in Existing
Apartments): The element should revise the timeline
earlier in the planning period to target a beneficial impact
(e.g., by 2026).
• Program BM (Story Poles and Netting Policy): The
program now commits to review the story pole and
netting policy and explore options to reduce costs
affordable housing. However, the program still must
commit to an actual outcome, beyond exploring options.
In addition, the program should also establish alternatives
or modifications that promote approval certainty. For
example, the program could remove the requirements or
create alternative for meeting the requirement such as
visual renderings.
#21 2. Identify actions that will be taken to make sites available
during the planning period with appropriate zoning and
development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of
the regional housing need for each income level that could
not be accommodated on sites identified in the inventory
completed pursuant to paragraph (3) of subdivision (a)
without rezoning, and to comply with the requirements of
Government Code section 65584.09. Sites shall be identified
as needed to facilitate and encourage the development of a
variety of types of housing for all income levels, including
multifamily rental housing, factory-built housing, mobile
homes, housing for agricultural employees, supportive
housing, single-room occupancy units, emergency shelters,
and transitional housing. (Gov. Code, § 65583, subd. (c)(1).
As noted in Finding A3, the element does not include a
The text of Implementation Program D on
page 10-41 was modified to clarify the title of
the program and clarify that sites identified
within the North Forty Specific Plan are reuse
sites and must permit owner-occupied and
rental multi-family uses by-right for
developments in which 20 percent or more of
the units are affordable to lower-income
households, as detailed further in
Implementation Program BH.
N/A N/A
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
complete site analysis; therefore, the adequacy of sites and
zoning were not established. Based on the results of a
complete sites inventory and analysis, the Town may need to
add or revise programs to address a shortfall of sites or zoning
available to encourage a variety of housing types.
As noted in the prior review, if necessary to make appropriate
zoning available to accommodate the lower-income RHNA,
Program D (Additional Housing Capacity) must be revised to
meet all requirements pursuant to Government Code section
65583.2, subdivisions (h) and (i). For example, the Program
must commit to permit owner-occupied and rental
multifamily uses by-right (without discretionary action) for
developments in which 20 percent or more of the units are
affordable to lower-income households.
#22 3. Address and, where appropriate and legally possible,
remove governmental and nongovernmental constraints to
the maintenance, improvement, and development of
housing, including housing for all income levels and housing
for persons with disabilities. The program shall remove
constraints to, and provide reasonable accommodations for
housing designed for, intended for occupancy by, or with
supportive services for, persons with disabilities. (Gov.
Code, § 65583, subd. (c)(3).
As noted in Finding A4, the element requires a complete
analysis of potential governmental constraints. Depending
upon the results of that analysis, the Town may need to revise
or add programs and address and remove or mitigate any
identified constraints.
New text was added to Section C.1 of
Appendix C on pages C-1 and C-2 adding
clarity to the types of governmental
constraints and consideration of the Land Use
Element and Zoning Code as potential
governmental constraints.
Refer to page
138.
Refer to page
H.II-123.
#23 4. Promote and affirmatively further fair housing
opportunities and promote housing throughout the
community or communities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin,
color, familial status, or disability, and other
characteristics... (Gov. Code, § 65583, subd. (c)(5).
As noted in Finding A1, the element requires a complete AFFH
analysis. Depending upon the results of that analysis, the
Work on addressing this comment is still
underway and has not been completed at this
time.
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
Town may need to revise or add programs. Actions listed to
address AFFH analysis must have specific commitments,
milestones, geographic targeting and metrics or numerical
targets and, as appropriate; address housing mobility
enhancement; new housing choices and affordability in higher
opportunity or higher income areas; place-based strategies for
community revitalization and displacement protection. For
example, the element must add significant and meaningful
housing mobility actions to overcome the existing patterns in
the Town related to the broader region. Given, among other
things, the Town is entirely in the highest category of
disparities in access to opportunity and largely does not
reflect the socio-economic characteristics of the broader
region. The element must include significant actions to
promote housing mobility within the Town and relate to the
region to promote an overall inclusive community. The
element could consider improving existing programs or
including new programs.
#24 5. Develop a plan that incentivizes and promotes the
creation of accessory dwelling units that can be offered at
affordable rent... (Gov. Code, § 65583, subd. (c)(7).
Program U Accessory Dwelling Units (ADU): While the
program now commits to annually monitor the production
and affordability of ADUs and make adjustments. It should
clarify the types of adjustments that will be considered such
as rezoning, additional incentives, fee reductions, financing
programs.
The text of Program U, Accessory Dwelling
Units (ADU), on page 10-48 was modified to
clarify the types of adjustments that will need
to be considered such as searching for
innovative funding sources and revisiting the
ADU marketing program for property owners.
New text was added to Section 10.1.4 on
page 10-9, directing the reader to Appendix C
for additional information regarding the
Town’s ADU program and ADU incentives.
New text was added to Section C.1 of
Appendix C starting on page C-12 further
describing the Town’s ADU streamlined
process and ADU incentives to reduce
governmental constraints and promote
affordability.
Refer to page
219-220.
Refer to page
244.
Refer to page
H.IV-67.
Refer to page
H.II-138.
#25 C. Quantified Objectives
Establish the number of housing units, by income level, that
can be constructed, rehabilitated, and conserved over a
Table 10-4 on page 10-33 was modified to
quantify conservation objectives for the
Town.
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).
The element now includes quantified objectives for new
construction and rehabilitation by income group but should
also include conservation objectives. Please note,
conservation objectives are not limited to at-risk preservation
and may include a variety of activities that promote safe and
stable housing such as code enforcement and tenant
protections. Examples of programs that may be utilized
include Programs T (Purchase Affordability Covenants in
Existing Apartments), AE (Rental Dispute Resolution), AF
(Rental Assistance), AH (Stabilize Rents) and AQ (Rental
Housing Conservation).
#26 D. Public Participation
Local governments shall make a diligent effort to achieve
public participation of all economic segments of the
community in the development of the Housing Element,
and the element shall describe this effort. (Gov. Code, §
65583, subd.(c)(9).)
While the element was revised to include the renters survey
results and previous outreach conducted, it must also
summarize all public comments and describe how they were
considered and incorporated into the element. HCD’s future
review will consider the extent to which the revised element
documents how the Town solicited, considered, and
addressed public comments in the element. The Towns
consideration of public comments must not be limited by
HCD’s findings in this review letter. Please see HCD’s prior
review for additional information.
New Appendix I, Public Comments, has been
added summarizing all public comments and
how they were considered and/or
incorporated into the Housing Element.
New text was added to Section 10.1.6 on
page 10-16 referencing Appendix I.
Refer to page 3-
4.
Refer to page
H.III-32 and
Appendix III-E.
#27 E. General Plan Consistency
The Housing Element shall describe the means by which
consistency will be achieved with other general plan
elements and community goals. (Gov. Code, § 65583, subd.
(c)(7).)
While the element identifies Program BG (General Plan
Amendment) to ensure consistency with the General Plan, it
should discuss how consistency will be maintained throughout
Work on addressing this comment is still
underway and has not been completed at this
time.
Comment
Number
HCD Comment Response*
Los Altos Hills
Page Reference
**
Campbell Page
Reference ***
the entire planning period.
*The track changes copy of the Interim Working Draft Revised Housing Element is available online at:
https://www.losgatosca.gov/HousingElement
** A copy of the Town of Los Altos Hills 2023-2031 Housing Element, 6th Cycle Housing Plan is available online at:
https://www.losaltoshills.ca.gov/DocumentCenter/View/6107/LAH_HEU_Revised -04-10-23-Updated-4-20-23
***A copy of the City of Campbell 6th Cycle 2023-2031 Housing Element HCD Revised Submittal, Fourth Draft is available online at:
https://www.campbellca.gov/DocumentCenter/View/20007/4th-HCD-Submittal-Draft-of-the-6th-Cycle-Housing-Element---Redlines
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From: Phil Koen <>
Sent: Monday, July 3, 2023 2:45 PM
To: Joel Paulson <jpaulson@losgatosca.gov>; Laurel Prevetti <LPrevetti@losgatosca.gov>; Gabrielle
Whelan <GWhelan@losgatosca.gov>
Cc: Maria Ristow <MRistow@losgatosca.gov>; Mary Badame <MBadame@losgatosca.gov>
Subject: Table 10-3 - Housing Element - Public Comment
Joel,
If the Town is truly committed to properly zoning sufficient land to increase the development odds of
below market rate housing, as I explain below, more below market rate sites must be added to the
Housing Element site inventory.
Attached is a markup of Table 10-3 from the Housing Element. I have noted a number of changes to the
table. First, I added the correct unit counts from the site inventory list that you provided me. I previously
wrote to you pointing out the errors in both the site inventory list and Table 10-3 as submitted to HCD.
I’m still not clear which site inventory list was sent to HCD for their review. While the total 1,997 units
didn’t change, there are material changes in the unit distribution by income category.
Next, I have noted the difference between the number of units by income category the Town allocated
to the N40 parcels controlled by Grosvenor and the units on their SB 330 pre-application. Under State
Law, once a SB 330 pre-application has been received by the Town it is deemed complete. The filing of
this application along with the numerous letters the developer has sent to the Town, provide
overwhelming objective evidence that the development as shown in the site inventory will not be built.
Therefore the units must be changed to the lower SB 330 pre-application units and more sites added to
replace the lost units.
I might add that given the application was filed under SB 330, there is little discretion available to the
Town. Additionally while the developer has the right to make changes up to 20% of the submitted units
and not lose their vesting rights, the developer has made it clear there is no intention to increase the
total units based on the development economics of the project. There might be minor shifting of units
between income categories but they wouldn’t be material. The final application is due on October 15,
2023, and it is highly unlikely the Town will have received HCD certification before that date.
Lastly, the Town’s reluctance to make the downward unit development adjustment based on the SB 330
pre-application unit is in stark contrast to the Town’s decision to include parcels that increase
development capacity for below market rate housing based on an owner submitting a Property Owner
Interest Form which has no legal status or a conceptual development design application which has less
legal standing than a SB 330 application. The Town should consider the filing of a SB 330 application as
an overwhelming indication of actual development plans.
Based on the impact of the lower unit count for the North 40 parcels under the control of Grosvenor, I
have computed an adjusted difference between the adjusted housing element units and RHNA plus 15%
buffer units. As you can see there are material deficits for the very-low (70 units) and the moderate (61
units) income categories.
ATTACHMENT 8
There is one last point that needs to be made. There are strong indications that the Los Gatos Lodge
parcels have been sold and the new owner does not intend to develop the number of units shown on
the current site inventory. This will only make the analysis shown in Table 10-3 worse.
In closing, to avoid having to deal with the “no net loss” rules, the Town should be proactive and add
more sites now which can accommodate below market rate development. There is compelling evidence
available to the Town which simply can not be ignored. Based on this evidence it is highly unlikely that
the N40 parcels listed in the site inventory will be developed as listed and the Town can not reasonably
ensure that the planned capacity by income category will be achieved.
Please let me know if you have any questions.
Phil Koen
Sent from my iPhone
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