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15 Attachment 10 - November 29, 2023, Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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: Jeffrey Barnett, Chair Steve Raspe, Vice Chair Susan Burnett Melanie Hanssen Kathryn Janoff Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Gabrielle Whelan Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 10 LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 BARNETT: Under Verbal Communications tonight the public is going to speak on Agenda Item 1, which we’ll get to shortly, and I will explain the Town’s guidelines pertaining to Verbal Communications when we get to that point in the agenda. We’ll now consider Agenda Item 1, in which we are asked to consider and make a recommendation to the Town Council on the Draft Revised 2023-2031 Housing Element. Location is Town-wide. General Plan Amendment Application GP-22-003. Do we have a Staff Report tonight on this matter? Thank you. JOCELYN SHOOPMAN: Good evening. The primary purpose of the item this evening is to consider and make a recommendation to the Council on whether to adopt the Draft Revised Housing Element with modifications in response to the HCD Draft Preliminary Review Matrix that the Town received on November 7th. On November 16th the Draft Revised Housing Element was made available for a seven-day public review period ending on November 27th as required prior to resubmittal to HCD. An addendum report was provided to the Commission yesterday that contained the public comments received LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 during the seven-day review period, as well as the cover letter that was provided to HCD as part of the Town’s November 28th resubmittal of the Draft Revised Housing Element. Staff anticipates receiving HCD’s comment letter this Friday, December 1st. The Town Council’s consideration on the adoption of the Draft Revised Housing Element is tentatively scheduled for December 19th. A Desk Item was also provided to the Commission today with additional public comments received following the publishing of the addendum report, a copy of the response memorandum to the Draft Preliminary Review Matrix provided by HCD; and a copy of the technical memorandum regarding Accessory Dwelling Units that was prepared by the Association of Bay Area Governments. This completes Staff’s presentation. We are available for any questions, as well as the Town’s Housing Element consultant, Veronica Tam. CHAIR BARNETT: Thank you, Ms. Shoopman, and I’ll ask my fellow Commissioners if they have questions of you at this time? Commissioner Hanssen. COMMISSIONER HANSSEN: Thank you for that, and I did want to compliment Staff. The Housing Element looks as LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 good as it ever has been, and hopefully we’re going to be there with HCD. I have some concerns about the timeline of the submissions, and it was also noted in public comments. My question for Staff at this point is the draft without any changes between then and now was submitted to HCD on the 16th. They were told to consider the date of submittal today, is that correct? JOCELYN SHOOPMAN: There was an informal submittal to HCD that occurred on November 16th providing them with a copy of Draft Revised Housing Element and also making them aware of when the seven-day review period would be occurring; this was offered to the Town by our HCD reviewer to provide them with this informal submittal, knowing that the seven-day review period would be occurring followed by the Town’s formal resubmittal to HCD. COMMISSIONER HANSSEN: Thank you for that. My follow up question is if the actual submittal was today, or I guess the 28th was yesterday, the actual submittal was yesterday, given there were a fair amount of items left from the November 7th matrix for them to look at, are they still going to be able to complete their review and get a letter by December 1st? That seems like not a lot of time, given the past history you guys have encountered. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 JOCELYN SHOOPMAN: Thank you for the question. Yes, obviously we would have liked to get it to them sooner, but with the holiday that did present some challenges in terms of timing. Our hope is that he’ll be able to complete that review for the December 1st letter so it does address many of those comments in the matrix, but ultimately we will find out when we receive that comment letter on Friday. COMMISSIONER HANSSEN: Is it possible that their comment letter could be we’re not ready to make a full comment on the submission? JOCELYN SHOOPMAN: Our consultant may want to also chime in, but once there is a formal submittal to HCD they have very clear timelines that they have to follow, so there will be a comment letter that’s provided to the Town on December 1st. COMMISSIONER HANSSEN: Okay, thank you. CHAIR BARNETT: Other questions for Staff? Commissioner Janoff. COMMISSIONER JANOFF: So they’re obligated to provide a comment letter on December 1st covering the September submittal. Is it fair to say that the portions of the draft that were resubmitted yesterday may not be considered or included in their December 1st comment letter? LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 JOCELYN SHOOPMAN: Yes, there is that potential. COMMISSIONER JANOFF: Thank you. CHAIR BARNETT: Other questions? Commissioner Burnett. COMMISSIONER BURNETT: Thank you. Question for Staff. Can you go over again why we did have a Planning Commission meeting on the 15th then, since there was a new matrix and there was work being done on the revised Housing Element the next day. JENNIFER ARMER: Thank you for that question. When scheduling public hearings they do need to be set and scheduled a significant period of time ahead of time so that we can make sure that we have the required public noticing and ads to the paper, and that takes several weeks in advance of the date of the hearing. In the case of the 15th, we were hoping that we would have the opportunity to meet with the Town’s reviewer to get some initial feedback, and so we were hoping to have the discussion on the 15th with some revisions. That didn’t occur as early as we had hoped, and so we weren’t able to present to Planning Commission the fully revised Housing Element based on that interim feedback. That is why we recommended continuance to this evening, so that you have sufficient time, in this case nearly two weeks, to take a LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 look at the full revisions that have been made in response both to the previous letter from HCD and the interim review. CHAIR BARNETT: Commissioner Hanssen. COMMISSIONER HANSSEN: When we met on the 15th you went through some changes to the sites inventory and some other changes that you’re going to make, and I believe they were all positive in terms of the draft that we just saw, and in particular the affordable housing AFFH matrix looked great. Now, given what Commissioner Janoff asked, they’re commenting primarily on the draft that they received in early October, so given the changes in the sites inventory, although we didn’t add any new sites, what is the likelihood that they’re going to be able to realistically give a thumbs up on this? They don’t have a lot of time to review a couple of really important inputs. JENNIFER ARMER: Thank you for that question. We are still hopeful that these additional changes that were prepared two weeks ago can be incorporated into the review that results in the letter on Friday; there still is a good chance of that. I also invite Veronica Tam, our consultant, if she’s available, to turn on her camera and join us to talk LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 about how these interim reviews have worked with her and other agencies in the past. VERONICA TAM: Thank you, Jennifer. They’ve seen a lot of the revisions that we have made throughout that process, and I think it’s based on we try to respond very well with the matrix that they have provided. I think the last set of changes is very specific. I am hoping that he would have the opportunity to review it. The reviewer contacted me this morning and asked me to make sure that the City is able to submit the revisions as soon as possible, and so I am again hopeful, along with Staff, because he contacted me and gave us a deadline by the end of the day that he would be able to review those changes and incorporate that into the letter, so there is a good chance. I would not be able to speculate whether he will, but there is a chance, because he did ask and gave us a deadline today. COMMISSIONER HANSSEN: If I could ask a follow up question. Thank you for that explanation; that was helpful. I’m assuming that they’re working primarily from the matrix that they gave us on November 7th. Is it typical in your experience that they would limit their review only to those items that weren’t covered and not look at new things? LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 VERONICA TAM: Correct, that’s what we usually do and that’s the reason why we always highlight, and that was the questions that he had asked me a few days before ahead of time too, if the changes would be differentiated from the previous revisions. We usually use different highlighting to illustrate the different stages of the changes that we’ve made based on different versions of the matrix. The reason why we do that with highlighting is to actually make sure that they focus on the latest revisions that address the latest matrix. COMMISSIONER HANSSEN: Okay, thank you very much. CHAIR BARNETT: Other questions? I have a couple for Staff. Has the Town received a response from HCD regarding the inquiry as to whether the Housing Element filing will be deemed to have been received at the end of the day on November 27th? It was a request from Mr. Paulson to HCD on that. JENNIFER ARMER: We did submit yesterday the 28th, and we did receive acknowledgement from our reviewer that it had been received yesterday, so the formal submittal of this interim draft is considered submitted yesterday the 28th. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 BARNETT: If I understand correctly, you’re saying that HCD has agreed with the Town’s position that the submittal was on November 27th? JENNIFER ARMER: It actually was formally submitted on the 28th, so there was the correspondence back and forth about sharing the preliminary draft previously and wanting to make sure that they did not consider the email on the 16th as being a formal submittal, because we had not yet completed the seven-day review. The formal submittal of this interim draft with additional revisions was yesterday the 28th, and they have confirmed that they received it on that date. CHAIR BARNETT: Okay, thank you. One other point here. There was a comment from the public that the mid- cycle submission would start a new 60-day review period. Do you have a comment on that? This was in Exhibit 12, number four on page two. JOCELYN SHOOPMAN: Thank you for the question. In speaking and corresponding with our HCD reviewer, what was provided in an email on the 16th was an informal submittal; it did not constitute an actual formal submittal, and we noted that the seven-day review period would be starting on that day and ending on a certain day, so no, it’s not our LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 understanding that it constitutes a new 60-day review period. JOEL PAULSON: Through the Chair, just to add, the formal submittal that occurred yesterday does start a new 60-day clock. CHAIR BARNETT: Thank you for that clarification. I might as well take this opportunity to ask Staff about the consequences if this hearing were continued to a date in the future based on the expectation of input on December 1st, which is 48 hours away? JENNIFER ARMER: Thank you for that question, and I understand the interest in finding out what’s in that letter; I think we’re all eager to see it. Staff is recommending that Planning Commission make a recommendation on the Draft Housing Element this evening because of an interest in allowing the Town Council to consider adoption of the Housing Element before the end of the year. Their final meeting is on December 19th. The deadline for submitting an ad to the newspaper for that meeting is actually first thing tomorrow morning, and it is required by State law to include specifically what the Planning Commission recommendation is, so this really is the last date for us to be able to bring this for consideration by Town Council before the end of the year. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 CHAIR BARNETT: I see some hands up here. We’ll start with Vice Chair Raspe. VICE CHAIR RASPE: Thank you, Chair. If I can follow up, because it seems like we’re pressing forward in quick fashion, which I take to mean that we’re trying to avoid certain consequences. Can you remind us, and the public as well, what the consequences are for failing to timely put into place the Housing Element. JENNIFER ARMER: Thank you for that question. I’ll start, and the Town Attorney may have something to add. The goal here is to get a Housing Element adopted and certified as early as possible in order to avoid any additional Builder’s Remedy applications. There are a lot of reasons that it is beneficial for the Town to have an adopted Housing Element. As the information that was provided to Planning Commission shows, there has been a lot of work that has been done over this last year to bring the Draft Housing Element into compliance with State law. The long chart that was included in your addendum, for example, goes through the State regulations section-by-section to show specifically how this updated Housing Element does address all of those components. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 So while we do not have the final blessing from the State as of yet, the information that we have provided we hope will allow the Planning Commission to make a recommendation this evening. VICE CHAIR RASPE: Thank you for the answer. CHAIR BARNETT: Commissioner Hanssen and then Commissioner Janoff. COMMISSIONER HANSSEN: A related question to that. There has been some misinformation, I think, that has been floating around. What I heard is that we need to go as soon as possible, but there isn’t an official deadline, and so I’m asking Staff to confirm the only deadline that I’m aware of is on January 31, 2024, the deadline to have the rezoning completed. JOCELYN SHOOPMAN: That’s correct. COMMISSIONER HANSSEN: Which has been done with the exception of one site that is not integral to the success of the sites inventory. CHAIR BARNETT: Commissioner Janoff. COMMISSIONER JANOFF: Thank you. I think we all want to see the letter on December 1st. Before the Planning Commission makes a recommendation it seems prudent that we would have that information in hand before we would recommend the Town Council adopting the current draft. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 However, when I look at the progress that’s been made between the original submission, the draft in September, and the relatively minor but specific changes that were in our package today, I feel confident that we have a good document. I did before, but I feel even more confident now. My question to Staff is cant the Planning Commission make a recommendation this evening that Town Council adopt the November draft of the Housing Element with the condition that if the letter from HCD on December 1st is a no or noncompliance, that that recommendation would not go forward? ATTORNEY WHELAN: That could be done. An alternative would be to adopt the resolution and if HCD were to recommend significant changes, those changes could either be made before the Town Council meeting, or alternatively the Planning Commission could meet again. COMMISSIONER JANOFF: Thank you. CHAIR BARNETT: My intent was to go forward with the public comment for tonight, and then following that perhaps it would be appropriate for the Commission to consider the procedural status of the hearing before we go into a detailed review of the matrix as a way to proceed. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 With that in mind, I’ll open the public portion of the meeting where members of the public are allotted up to three minutes to comment on Agenda Item 1, and as at all of our meetings, the public’s input is very much appreciated and welcomed and the Planning Commission considers the comments carefully. During tonight’s meeting any person may speak after being recognized by the Chair, and no person other than the Commissioners, Staff, and the person having the floor shall be permitted to enter into the discussion. No member of the public is allowed to speak more than one time, and to assure the opportunity for all people to participate there is no yielding of time to another speaker. We have several cards up here, but if you haven’t already submitted on, please hand one to Staff and we’ll be sure to include you. When your name is called, please come to the microphone and state your name and address, if you would, or you can speak anonymously. Again, in fairness to all speakers the comments are limited to three minutes. I’ll begin with Ms. Quintana. LEE QUINTANA: To begin, I’ll make some disclosures. I was a member of the GPAC for 2040 and I’m LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 currently a member of the Historic Preservation Committee, at least until the 31st, and I’m speaking as an individual. I thought about what I was going to say today all day and it kept changing, and I kept coming up with some statements that are just clichés that all seem to fit. One was I feel like I’m in the middle of a skit of Who’s on First and What’s on Second. I feel like I’m trying to read and make comments on a moving target, and a moving target that isn’t even all visible at one time. This is really getting to be ridiculous, and the more these halfway reports come out, the more complicated and bizarre this whole process has become. If as the attorney said, you can meet again before the Town Council after the receipt of the comments from HCD, I would think that’s what you would want to do so you weren’t just making a decision to approve something, or recommend approval of something, that you didn’t even know what it was, so to speak. The other thing I want to say is that HCD comments, to me, said they’re focused on about three things. They were focused on the previous Housing Element’s evaluation factors that are in the way of achieving, and the AFFH, but there were overlaps with all LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 of them. To me, reading through the revised text, there’s a lot of it, but I don’t think it adequately addresses HCD’s comments and I would be very surprised if they didn’t make those comments. They seem to indicate that even the site inventory isn’t approved yet; because they need the analysis from those other evaluations before they can even address that. One of the things that they commented on was the lack of zoning for multiple-family distributed evenly throughout the Town. I’m out of time, but I have a lot more to say. CHAIR BARNETT: Let’s see if the Commissioners have questions for you. I don’t see any. We only have one other speaker card, so would you like to speak for another minute? LEE QUINTANA: To me, one of the problems with the analysis in the first place is that like for AFFH it’s divided into little pieces. All the way along each piece is answered, each piece compares it to the region and to the county, etc., but there is no point at which all of that information gets reaggregated again and analyzed in a totality, because there are contradictions within each of those different sections; that’s the analysis that I think the state is looking for. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 Also, things that are in the way, so to speak— I’ve lost the word—we talk about them but we don’t give any specific examples. What is the town zoning that the Town has that impeded achieving our goals in the Housing Element? The information is not specific enough. CHAIR BARNETT: Thank you for your comments. They are appreciated. Mr. Fagot. LEE FAGOT: Good evening, and I’m speaking as a citizen of the Town of Los Gatos; I’m not representing any group. I did want to commend all of you for the work that you’ve been doing. It has been very difficult, I know, because of the dynamic changes that are occurring. One of the things I would ask for is that Santa brings everybody a calendar, and that they all use the same calendar for planning, because what we have is one that the town Staff uses, one that HCD uses, one that the Planning Commission uses, the Town Council, and they don’t mix together terribly well. For example, the November 15th meeting that you held was actually a very good and informative meeting, I appreciate it, however, we learned that the next day, the 16th, without citizen or Council review, the staff submitted the new draft to HCD that had significant changes, so there wasn’t, again, the LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 opportunity to review. The public comment period of seven days is before submission, not after or concurrent with a submission, as you just discussed a few minutes ago. Now I have learned tonight that yesterday another submittal was made. I’m going to skip my notes, because I think Ms. Quintana made a lot of very good points that there needs to be better coordination between the Planning Commission, the Housing Element Advisory Board, the town Staff, then to the Council. The Council needs to give the final review and direction, but the citizens need an opportunity as well, as is outlined in the law. Again, I appreciate the challenges that you face and the work that you’ve done, but let’s work together better going forward. A lot of lessons coming out of this are that trying to do the General Plan and then doing the Housing Element, the sequence was not good. Let’s work on one universal calendar that we can all work with together and put it in a logical sequence of feedback from the consultant, which was not provided earlier after her meeting; and the Town Staff meeting with HCD was not given back to this Commission or the Housing Element Advisory Board, or the Town Council after the consultant’s meeting with HCD, so changes in the process need to occur, and LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 again, I appreciate all that you’ve done and wish you well. Thanks. CHAIR BARNETT: Thank you, sir, for your comments, and we have a final card from Mr. Alarcon. TONY ALARCON: Tony Alarcon, (inaudible.) Many of us head up to Tahoe into Truckee quite often. Truckee has a population very similar to ours, a lot of affluent retirees. Like our town, they have a lot of affluent people. I want to say thank you for all your hard work from the Planning Commission. I’ve looked at Truckee’s Housing Element plan. They have a master plan called the Truckee Hilltop; it was approved in 2008. It’s not yet been built. It’s 300 units, 54,000 square feet of commercial, and a 60-room hotel. For 15 years that project hasn’t been built, and looking at their Housing Element plan the last submission from them was 2019. They submitted that plan on August 30th and it was approved on September 16th. I sit back and I look at our town, and we’re going through this whole process and I think it echoes what the other speakers have expressed. I sincerely don’t understand how this has taken so long, and it feels as though there have been many errors, whether it’s not LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 keeping track of the consultants, the communication between departments, or perhaps trying to overachieve and build too many units instead of simply complying with our RHNA numbers. It’s mind boggling to me, and I feel for the Planning Commission. I hope that our Town citizens hear what I’ve said today and ponder that as well when you decide to vote in the next election and look for leadership within our town, that we need to streamline our process and we need to do better. We need to be a leader with other towns instead of having these delays and having citizens not know what’s going on. Asking the Planning Commission to approve a plan before they have received a letter of comments from the HDC is not a valid approach. Thank you. CHAIR BARNETT: Thank you, sir. Are there any questions from Commissioners? I don’t see any. I don’t have any more cards. Do we have anyone on Zoom? JOEL PAULSON: We do, thank you, Chair. The first to speak will be Ron Meyer. RON MEYER: I’m not going to be as complimentary. I’m actually going to call it the way is and the way I’ve seen this process evolve over the last 12-16 months, and the failure in the ability to inform the public, to manage LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 the previous consultants in their three failed attempts, and the waste of $180,000 of taxpayer money. I see a level of incompetence in both the Staff and the Planning Commission, because the Planning Commission has not basically taken the recommendations from the Housing Element Advisory Board and the Los Gatos Community Alliance seriously. There is some damn good analysis in both some of the HEAB reports in the previous meetings, and also the latest letter from the Los Gatos Community Alliance. The incompetence, the non-transparency, the confusion, the mis-coordination, the oversight by the Town Council, and the usurping of their power by the Town’s staff and pieces of the Planning Commission is not favorable, it is not even remotely the way that this process should have been conducted. The citizens of Los Gatos deserve better. They deserve better in the Town Staff, they deserve better in the Planning Commission, and consequently we’re not being serviced properly at all. The process has been non-transparent, confusing, and convoluted. The Town Council hasn’t been doing their job in terms of exercising their oversight responsibilities over this whole process, so consequently we, this town’s citizens, are going to end up paying for this, because of LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 that incompetence, that non-transparency, and the whole screwed up process from the beginning. You folks are reprehensible. I’m finished. CHAIR BARNETT: Thank you, sir. Are there any questions by Commissioners? I don’t see any. Thank you once more. Any other callers on Zoom, Mr. Paulson? JOEL PAULSON: Thank you, Chair. Anyone else on Zoom who wishes to speak, please raise your hand. I don’t see any hands raised, Chair. CHAIR BARNETT: Thank you very much. I will now close the public portion of the meeting and again propose that the Commissioners first discuss the procedural issues that have been raised by the Los Gatos Community Alliance concerning continuing the meeting to a date following Friday’s anticipated receipt of HCD’s comments on the submittals of November 16th and 28th, and that the public was not afforded the statutory time to comment on the Housing Element drafts. We haven’t discussed that issue yet, and maybe it’s a moot point depending on how our discussion goes, but I’d like to open and ask Commissioners to comment on the issue that we’ve already brought up about a possible continuance to a different date. Commissioner Janoff. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 COMMISSIONER JANOFF: Thank you. We have an interesting problem in front of us. We have a timing issue that has been described by Staff with regard to getting adoption of the Housing Element in front of Town Council as soon as possible for the reasons stated, which makes sense, and we also have incomplete feedback from HCD. Personally, I can see a path forward, as I suggested earlier, where we can recommend that the Town Council hear the item on the 19th, understanding that we may get more information. But if HCD on December 1st says yes you are in compliance, I would not want the Planning Commission to be the body that’s holding up Town Council being able to hear this, and we will be if we don’t recommend to Town Council tonight, so in my mind I’m separating the task before us into making a timely recommendation to Town Council that will be after the Planning Commission has an opportunity to see the HCD comments, as well as public, as well as Council, as well as anyone, and I would feel more comfortable. Assuming HCD says yes you’re in compliance, I think that’s fine, end of story. If HCD says on December 1st that we have work to do yet, I think we should reconvene the Planning Commission or Housing Element Advisory Board, LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 whatever is appropriate, in order to be able to process that information and make recommendations going forward. I feel like we can separate this and still provide a timely path for Council should the letter on December 1st be favorable, but provide a backup in case it’s not so that the Planning Commission can review the information provided. CHAIR BARNETT: That sounds like the possible elements of a motion, but I’ll ask other Commissioners if they have comments? Commissioner Hanssen. COMMISSIONER HANSSEN: As you all know, I was chair of the Housing Element Advisory Board, and we may or may not be meeting again, I’m not sure. As mentioned earlier and as mentioned by commenters, this is a very difficult situation to be in, to try to make a recommendation on something when we know two days later that we’re going to get a letter from HCD. I wanted to point out a couple of things. One thing that’s really important is irrespective of whatever decision was made before to hire other consultants that might not have been as effective, I’ve been very impressed with the work that Veronica Tam and her team have done with Staff to move the Housing Element towards the finish line, and when that decision was made to LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 hire her the Housing Element Advisory Board, when we had discussions about it, felt that she had the best path forward to know how to take this thing over the finish line versus the members of the Housing Element Advisory Board who had less experience working with HCD; we don’t interact directly with HCD at all in our role, and so I think that’s important, that she’s been very integral to this process over the last few months. When I look at the progress of the document, we never have had any comments from HCD that our sites inventory isn’t adequate; they just wanted more information on how to develop it. This new law with AFFH has been particularly difficult to deal with, but because of Veronica Tam’s experience with other jurisdictions she has a clear directive of how to answer all those questions and do all the analysis that is required. That being the case though, I do remain very uncomfortable with making a recommendation to approve something when I know that two days later it could be one or the other and we have no assurances from anyone that HCD will or won’t go forward. We can hope. As I said, the document is in the best shape that it’s been in in a long time. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 One change that was made in the sites inventory that I don't know if everyone has been able to observe; we had gotten comments on the 15th. There was a time in this process earlier this year when it was thought that we could add in some sites from the previous cycle, and now there has been more clarity to take some of those out because of the date that you had to count, which I believe was June 30th of 2022, and it had to be after that date. When those sites were added back in we had quite a bit of a larger buffer relative to our State mandated numbers, and we did get a lot of comments from the public saying that they were very uncomfortable with having more numbers of units planned for, and now those numbers have been backed out as expected and directed by HCD so that our current sites inventory numbers and buffer to RHNA is actually right in the range of what was always expected, which was a 15-20% buffer over the RHNA of 1,993 units. That being the case, there have been a lot of questions from the Los Gatos Community Alliance about projects that are in the sites inventory, and I believe Staff did answer all of those. I read all the materials. I had looked through and saw that Staff did address those concerns about no net loss and when that would be recognized, and some of the other concerns. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 But I do remain concerned about making a recommendation on something when we know that two days from now it could be one or the other, so it’s going to be a scenario of we would go forward and HCD says yes, or they say no, or we continue and they say yes or say no, and the optimal circumstance would be we would go forward and they would say yes, and then everything would be fine and Town Council could go ahead, but we don’t know if that is possible. I do like Commissioner Janoff’s suggestion about modifying how we would approve it. I think that might be better than continuing it and pushing it out into the new year, because there is more of a risk of the additional Builder’s Remedy applications. CHAIR BARNETT: Thank you. Other Commissioners? Commissioner Burnett. COMMISSIONER BURNETT: A question for Staff, thank you. What would happen if the Planning Commission did not vote to move it forward to the Town Council? ATTORNEY WHELAN: We just need a recommendation one way or the other, and so the recommendation can be yes we recommend approval, or we don’t recommend approval. The law just requires that the Planning Commission make a recommendation. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 COMMISSIONER BURNETT: What would be the consequence? ATTORNEY WHELAN: It would continue on to the Town Council ultimately for a decision as to whether or not to adopt the Housing Element. COMMISSIONER BURNETT: So the Town Council does not need our recommendation for them to move forward with it? ATTORNEY WHELAN: They need a recommendation in front of them to consider, and the recommendation can be either for approval or rejection. I just wanted to follow on about the discussion of having the item returned to the Planning Commission. Just so the Planning Commission is aware, that would mean that we would be back on the schedule of being in front of the Town Council in January, just as a point of information. CHAIR BARNETT: Commissioner Janoff. COMMISSIONER JANOFF: Just to clarify, if we were to recommend Town Council approval with the condition that Planning Commission meets if HCD provides a negative response on December 1st, are you saying that… ATTORNEY WHELAN: Yes, because we need the Planning Commission’s recommendation to the Town Council, LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, 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 and so that would necessitate a return to the Planning Commission, meaning that the Town Council would most likely meet on the Housing Element in January. COMMISSIONER JANOFF: But if the Planning Commission should vote to recommend Town Council adopt this draft of the Housing Element with the condition… I guess that would be the problem is the condition, so there’s no opportunity for the Planning Commission to reconvene if the response from HCD is negative without restarting the clock and pushing things out into January; that’s what I’m hearing. ATTORNEY WHELAN: Right. JOEL PAULSON: Through the Chair, I would just add that if we get additional comments on December 1st and we are going to have to make revisions we ultimately are going to have to come back through seven-day review of those revisions, the Planning Commission for a recommendation, and then Council for another adoption. I think the one opportunity this provides, and the Town Attorney can correct me if I’m wrong, is even if we get comments on December 1st that need to be addressed, we imagine there will be far less of them than are currently in the most recent draft matrix, and so that would give an opportunity for the Council to… Even though LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 31 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 it might not be the final version, they could be adopting a Housing Element that is much more in substantial compliance than the currently adopted one that was adopted in January. I don't know if the Town Attorney has any additional comments on that. ATTORNEY WHELAN: No, but it looks like there’s a question. COMMISSIONER JANOFF: Are you saying that Planning Commission could recommend to Council to adopt the Housing Element November draft, and HCD comments coming to Staff on December 1st could indicate additional work, and Council could consider additional comments if Staff provides responses to HCD on those? JOEL PAULSON: No, it would have to go through the same process, so Staff and the consultant would prepare revisions to address those comments in the December 1st letter, and then once those are prepared and completed they would be circulated for the seven-day review period, then we would come back to Planning Commission and you would make a recommendation to Council, so it’s just an additional cycle, but this could potentially provide some benefit for a more substantially compliant Housing Element being in place in that December timeframe, but ultimately LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 32 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 obviously that’s a Planning Commission/Town Council decision. COMMISSIONER JANOFF: Just to make sure I’m clear. There is no downside to recommending Council adopt, because there are likely to be changes in more cycles. The purpose for recommending adoption is in case HCD comes back with you’re in compliance, then Council can go forward with a formal adoption of a certifiable Housing Element. ATTORNEY WHELAN: That’s a good summary of the issue that’s before the Planning Commission. CHAIR BARNETT: I have a question for Mr. Paulson. If I heard you right you said that the latest submissions did trigger a 60-day public comment period? JOEL PAULSON: That’s technically correct, however, our reviewer has provided this opportunity for this interim where he provided the interim matrix, and so he had previously committed—which we’re hoping he’s going to stand by—that he will incorporate that into his December 1st letter, so that is our hope. Obviously we won’t know until we see the letter on the 1st, but technically because it is a formal submittal it does trigger a 60-day review, however, that is not our understanding of how they’re going to review this at this point. CHAIR BARNETT: I see. Commissioner Janoff. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 33 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: I just want to make sure I heard you correctly. It’s not a 60-day public review; it’s a 60-day HCD review? CHAIR BARNETT: I think I misspoke. Thank you. COMMISSIONER JANOFF: Okay, thank you. CHAIR BARNETT: Other comments? Let me make sure I understand what’s being said so far, that if we were to make a recommendation to the Town Council to approve the November 16th and 27th submissions, that in the event HCD has material changes to that it would of necessity come back to the Planning Commission again. JOEL PAULSON: That’s correct. CHAIR BARNETT: In light of that, could we have a motion? Commissioner Janoff. COMMISSIONER JANOFF: In light of that, which is pretty important, I think, I move to recommend that the Planning Commission recommend the Town Council adopt the Housing Element Draft that was officially submitted to them on November 28, 2023. JENNIFER ARMER: And if you could please reference the resolution that was provided to you in the addendum report? ATTORNEY WHELAN: The motion would be to adopt a resolution recommending approval. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 34 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: So stated. VICE CHAIR RASPE: Through the Chair, do we have to add a qualification then about the HCD’s response that if they respond with further changes that will trigger some further action as part of the motion? JENNIFER ARMER: Staff would recommend that this be a clean recommendation adoption of the resolution as written with the understanding that if there are significant comments that require additional revisions that we would go through the required process. VICE CHAIR RASPE: Thank you. CHAIR BARNETT: Is Staff suggesting that we specifically refer to the form of the resolution that was included in the Staff packet? JENNIFER ARMER: Yes, adoption of the resolution that has been provided does include the specific references to the November draft. JOEL PAULSON: And for the record, that’s Exhibit 6, I believe. CHAIR BARNETT: Does the maker of the motion include that? COMMISSIONER JANOFF: Yes, I think it has been included, but thank you. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 35 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 BARNETT: Thank you. Do we have a second? Vice Chair Raspe. VICE CHAIR RASPE: I’ll second the motion. CHAIR BARNETT: Is there discussion? If not, I’ll call the question. Those in favor, raise you hand. Oh, I’m sorry. Commissioner Hanssen. COMMISSIONER HANSSEN: I’m very uncomfortable with this process. I think I’ve already said this, and I was okay if we can make a recommendation subject to the HCD approval, but I don’t think I’m okay with making a recommendation on something when who knows what’s going to happen on Friday, so I don’t know if I can vote for it. CHAIR BARNETT: Commissioner Janoff. COMMISSIONER JANOFF: Thank you. I think based on what we just heard from Staff that we will have the opportunity to see HCD comments if they are asking for additional input from the Town, we’ll have that opportunity. The recommendation effectively assumes HCD comments… In order for the recommendation to go fully forward to Council it presumes that the response on December 1st will be a positive response, a you’re in compliance response; that’s what it assumes. I agree that the process is not ideal, it has been confusing, and it is because we have this timeframe of LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 36 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 Council meeting and it’s the end of the year and we have limited meetings to go forward with this, and the noticing challenges of having weeks in order to make sure that the public is aware of what’s on Council agenda, really boxes us in. But as I said before, this recommendation to adopt the resolution presumes HCD will be positive, because we know that if HCD’s response on December 1st is send us more information, then Council won’t… Well, I guess it could still adopt the Housing Element knowing that there would be more work to do and more cycles to go through, so either way, it will come back to us if there’s more work to be done, and I’m comfortable with that. CHAIR BARNETT: Commissioner Burnett. COMMISSIONER BURNETT: My comment is as it stands now as a Planning Commissioner I cannot recommend and adopt the adoption of the Draft Housing Element to Town Council. To make a recommendation two days before we’re actually receiving HCD’s letter on the October 2, 2023 Housing Element version in my view would be sort of irresponsible, and not being able to properly deliberate HCD’s comment letter would be in my opinion a violation of the Planning Commission’s fiduciary Duty of Care, so I would not be supporting the motion. LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 37 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 BARNETT: Vice Chair Raspe. VICE CHAIR RASPE: Thank you, Chair. My viewpoint, I think, is largely in accordance with Commissioner Janoff’s. I’m voting for what has been submitted, was before us today, was submitted to HCD on the 28th; that’s what I think is encapsulated in our approval this evening. We would know what that is, and my vote is that I approve of that for Town Council. If HCD comes back with further comments that’s not part of our approval, then that becomes part of further discussion either through Town Council or through Planning Commission, but as far as what we’re approving this evening, at least with my vote, it will be let’s present it to us and Staff tonight and what has been transmitted to HCD as of yesterday; I’m comfortable in that package. I’ll reserve further judgment in the event that HCD comes back with anything but a positive, and so I hope that clarifies my position. CHAIR BARNETT: I share the feeling of my fellow commissioners that we’ve been put in a very, very difficult position tonight. It echoes back to the meeting on the 15th when we were presented the next morning with an entirely new package and matrix. It’s good that we’re making progress on these issues, but I think the public LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 38 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 perception, partly of which we’ve heard tonight, is that there is some chaos in the process. I’m sympathetic to those who are against the motion, because it demonstrates to the public that we are inserting a more deliberate and focused consideration of the issues rather than presenting the scenario where HCD comes back with something negative in two days and then we’ll have to revisit, where as today we’re seeming to approve it. That doesn’t sit well with me in terms of public relations. But as a practical matter, I think that the motion makes complete sense. I think that there’s no reason to delay. There is some certain interest that we have in preventing more Builder’s Remedy applications; we already have plenty of those, so I would be in support of the motion, and if there are no other comments we’ll take the roll. Commissioner Hanssen. COMMISSIONER HANSSEN: Is it okay to ask more questions? There’s a letter in the Desk Item from the Los Gatos Community Alliance in which they made several recommendations, and one of them was partially cited by Commissioner Burnett, saying it would be irresponsible and a violation of the Planning Commission’s fiduciary Duty of Care to make any recommendation to the Town Council prior LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 39 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 receiving and properly deliberating HCD’s comment letter on the October 2, 2023 version since the new letter is expected two days after the meeting, and they go on to say they feel that it was a mistake that we made the recommendation on January 11th, and so on and so forth. They made several recommendations in there, and while Staff did respond to the comments from their letter on the 27th, there was no time to comment on this because it came in the Desk Item. What is Staff’s opinion on this statement that it’s an irresponsible violation of our fiduciary Duty of Care to make this recommendation? ATTORNEY WHELAN: From my perspective the Planning Commission is being asked to decide whether the revised Draft Housing Element that’s been presented to the Planning Commission substantially complies with all the government code requirements, and so if a Planning Commissioner is able to make a decision that it does, then that’s not a violation of the Planning Commissioner’s fiduciary duty. COMMISSIONER HANSSEN: Okay. CHAIR BARNETT: We still have a motion on the table. Does the resolution that is on the table for approval include the findings in terms of compliance on all Housing Element requirements? LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 40 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 ATTORNEY WHELAN: Yes. CHAIR BARNETT: Okay, I thought so. Any further discussion? Commissioner Hanssen. COMMISSIONER HANSSEN: I have one other question. I do appreciate all the analysis that Staff has done; I want to make sure I say that. The response in the matrix is excellent, it looks to me like everything is covered, and then there was the statement that was submitted a couple of days ago from Staff about all the things with the State law, but the problem that I have with that is it’s coming from us relative to our work versus HCD, which has been holding this over not just our heads, but over other jurisdiction’s heads. So we can say it’s in substantial compliance based on our opinion, but it’s really HCD that’s going to make the ultimate recommendation, so it seems like a hollow kind of recommendation, because we have these charts that are coming from us, not from HCD. CHAIR BARNETT: Commissioner Janoff. COMMISSIONER JANOFF: While it’s true that the matrix has been prepared by Staff, it’s been deeply informed by our expert consultant, and so I do respect that the work of Ms. Tam and her team is foundationally aware and informed of these metrics of compliance, and I’m comfortable that that oversight that the compliance matrix LOS GATOS PLANNING COMMISSION 11/29/2023 Item #2, Draft 2023-2031 Housing Element 41 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 has presented—which is excellent by the way, it’s exactly what I was hoping to see—satisfies for me that the document is in substantial compliance, and not just because it’s been self-developed, but it has had external review. CHAIR BARNETT: Thank you. Other discussion? I don’t see anything, so I’m going to call the question on the motion. Those in favor, raise your hand, please. And those against? So the motion passes 5-1. JENNIFER ARMER: The vote was 4-1, for the record, with Commissioner Burnett voting no. CHAIR BARNETT: Thank you. That’s not the first time I’ve miscounted. (END) This Page Intentionally Left Blank