15 Attachment 13 - Draft Resolution with Exhibit A1 of 4
Resolution 2023- December 19, 2023
DRAFT RESOLUTION 2023-____
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING A
GENERAL PLAN AMENDMENT AMENDING THE HOUSING ELEMENT OF THE GENERAL
PLAN FOR THE PERIOD OF 2023-2031 IN SUBSTANTIAL COMPLIANCE WITH STATE HOUSING ELEMENT LAW. GENERAL PLAN AMENDMENT APPLICATION: GP-22-003 PROPERTY LOCATION: TOWN WIDE APPLICANT: TOWN OF LOS GATOS
WHEREAS, the California Legislature has found that, “California has a housing supply and
affordability crisis of historic proportions” (Gov. Code Section 65589.5); and
WHEREAS, the Legislature has further found that, “Among the consequences of those actions
are discrimination against low-income and minority households, lack of housing to support employment
growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air
quality deterioration” (Gov. Code Section 65589.5); and
WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states
that, “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs
an estimated 180,000 additional homes annually to keep up with population growth, and the Governor
has called for 3.5 million new homes to be built over seven years”; and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that
the Town Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the
Town of Los Gatos (Town) regional housing need allocation (RHNA) of 1,993 housing units, comprised of
537 very low-income units, 310 low-income units, 320 moderate-income units, and 826 above
moderate-income units; and
WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing
Element constitutes a General Plan amendment; and
WHEREAS, as provided in Government Code Sections 65352 – 65352.5 the Town mailed a notice
to all California Native American tribes provided by the Native American Heritage Commission; and
WHEREAS, no California Native American tribe requested consultation; and
WHEREAS, the Town conducted extensive community outreach beginning in the summer of
2021 and to date has included 19 Housing Element Advisory Board (HEAB) public meetings; a joint study
session with the HEAB, Planning Commission, and Town Council; four Planning Commission meetings;
ten Town Council meetings; two community meetings; a community meeting hosted by the Santa Clara
County Planning Collaborative, a community meeting hosted by West Valley Community Services; and
public engagement at staff hosted information booths; and
ATTACHMENT 13
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Resolution 2023- December 19, 2023
WHEREAS, in accordance with Government Code Section 65585 (b), on August 29, 2022, the
Town posted the Draft Housing Element and requested public comment for a 30-day review period, and
on October 14, 2022, after responding to public comments, the Town submitted the Draft Housing
Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, on January 11, 2023, the Planning Commission held a duly and properly noticed
public hearing and recommended that the Town Council adopt the Draft Housing Element, the General
Plan Amendment Application, and associated Environmental Analysis; and
WHEREAS, on January 12, 2023, the Town received a letter from HCD that provided a list of
recommended revisions needed to comply with State Housing Element Law; and
WHEREAS, the Draft Housing Element was changed to substantially comply with State Housing
Element Law, as described in Town Council Resolution No. 2023-006; and
WHEREAS, the matter came before the Town Council for public hearing on January 30, 2023,
and was regularly noticed in conformance with State and Town law; and
WHEREAS, to comply with State Housing Element Law, the Town Council considered HCD’s
findings and adopted Housing Element 2023-2031 (the Housing Element) on January 30, 2023, in
compliance with State Housing Element Law; and
WHEREAS, on January 12, 2023, April 14, 2023, and May 30, 2023, the Town received letters
from HCD stating that revisions would be needed to conform with Housing Element Law; and
WHEREAS, since the receipt of the comment letters, the Town has met with HCD staff on
January 27, 2023, February 9, 2023, April 21, 2023, May 10, 2023, June 21, 2023, September 5, 2023,
and November 7, 2023, to discuss proposed edits intended to address HCD's requested changes and
obtain preliminary feedback on those edits; and
WHEREAS, the Town conducted additional community outreach, including 19 HEAB public
meetings; a joint study session with the HEAB, Planning Commission, and Town Council; four Planning
Commission meetings; ten Town Council meetings; a community meeting hosted by the Santa Clara
County Planning Collaborative, a community meeting hosted by West Valley Community Services; and
public engagement at staff hosted information booths, and amended the adopted Housing Element; and
WHEREAS, in accordance with Government Code Section 65585 (b), on February 3, 2023, March
23, 2023, September 22, 2023, and November 17, 2023, the Town posted proposed amendments to the
adopted Housing Element and requested public comment for a seven-day review period, and on
February 13, 2023, March 31, 2023, October 2, 2023, and November 28, 2023, the Town submitted
proposed Housing Element amendments to HCD for its review; and
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Resolution 2023- December 19, 2023
WHEREAS, on November 15, 2023, the Planning Commission held a duly and properly noticed
public hearing to consider the draft amendments to the Housing Element, the General Plan Amendment
Application, and associated Environmental Analysis, received public comment, and continued the public
hearing to a special meeting of November 29, 2023; and
WHEREAS, on November 29, 2023, the Planning Commission held a duly and properly noticed
public hearing to consider the draft amendments to the Housing Element, the General Plan Amendment
Application, and associated Environmental Analysis; and
WHEREAS, the Planning Commission received testimony and documentary evidence from all
interested persons who wished to testify or submit documents and considered all testimony and
materials submitted, including the packet of material contained in the Planning Commission Agenda
Report for their meeting on November 29, 2023, along with any and all subsequent reports and
materials and public comments prepared concerning this matter.
WHEREAS, the Planning Commission recommended adoption of the General Plan Amendment
amending the Town’s Housing Element.
WHEREAS, this matter came before the Town Council for public hearing on December 19, 2023,
and was regularly noticed in conformance with State and Town law; and
WHEREAS, Town Council received testimony and documentary evidence from all interested
persons who wished to testify or submit documents. Town Council considered all testimony and
materials submitted, including the record of the Planning Commission proceedings and the packet of
material contained in the Council Agenda Report for their meeting on December 19, 2023, along with
any and all subsequent reports and materials prepared concerning this matter.
NOW, THEREFORE, BE IT RESOLVED, THAT THE TOWN COUNCIL HEREBY FINDS THAT BASED
ON SUBSTANTIAL EVIDENCE IN THE RECORD:
1. The foregoing recitals are true and correct and are incorporated by reference into this
action.
2. An Environmental Analysis was prepared for the adopted Housing Element Update.
Although the adopted Housing Element Update could have a significant effect on the
environment, all potentially significant effects were analyzed adequately in the Town of Los
Gatos 2040 General Plan Environmental Impact Report (EIR), adopted with a statement of
overriding considerations on June 30, 2022, pursuant to applicable standards, including
CEQA Guidelines Section 15168(c)2, and the adopted Housing Element Update was
consistent with the growth projections evaluated in the General Plan EIR. The Town
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Resolution 2023- December 19, 2023
Council find all potentially significant effects of the proposed amendments to the adopted
Housing Element were analyzed adequately in the Town of Los Gatos 2040 General Plan
Environmental Impact Report (EIR) and are consistent with the growth projections
evaluated in the General Plan EIR, as shown in the Environmental Analysis attached to the
staff report as Attachment 2.
3. In accordance with Government Code Sections 65585(e) and (f)(1), the Town Council has
considered HCD’s findings and the Planning Commission recommendation has found that
the Town has proposed changes to the adopted Housing Element to substantially comply
with Housing Element Law, as shown in the matrix, attached to this resolution as Exhibit A.
4. Based on substantial evidence in the record (contained in Appendix D to the proposed
amended Housing Element), including development trends, Property Owner Interest Forms,
improvement value to land ratio, floor area ratio, structure age, and building height, the
existing uses on the non-vacant sites identified in the site inventory are likely to be
discontinued during the planning period and do not constitute an impediment to planned
residential development on the sites during the planning period.
NOW, THEREFORE, THE TOWN COUNCIL RESOLVES AS FOLLOWS:
The Town Council adopts the proposed amendments to the 2023-2031 Housing Element, the
associated General Plan Amendment Application (GP-22-003), and the Environmental Analysis
attached to the staff report as Attachment 1 and 2.
PASSED AND ADOPTED at a meeting of the Town Council of the Town of Los Gatos, California,
held on the 19th day of December 2023, by the following vote:
PLANNING COMMISSIONERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR, LOS GATOS TOWN COUNCIL
DATE: