15 Attachment 13 - Exhibit APage 1 Town of Los GatosDecember 19, 2023
Sec. 65583. the housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives,
financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including
rental housing, factory-built housing, mobile homes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the
community. The element shall contain all of the following:
Required Findings of Substantial Compliance with State Housing Element (HE) Law
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
1 65583(a) An assessment of housing needs and an inventory of resources and
constraints relevant to the meeting of these needs. The assessment
and inventory shall include all of the following:
Quantification
and Analysis of
Need
Housing Needs: Chapter 10, pages 10-16 through
10-31. Appendix A, pages A-109 through A-167.
The entirety of Appendix B.
Yes
2 65583(a)(1) 1) An analysis of population and employment trends and
documentation of projections.
2)A quantification of the locality’s existing and projected housing
needs for all income levels, including extremely low-income
households, as defined in subdivision (b) of Section 50105 and
Section 50106 of the Health and Safety Code.
3) These existing and projected needs shall include the locality’s share
of the regional housing need in accordance with Section 65584. Local
agencies shall calculate the subset of very low-income households
allotted under Section 65584 that qualify as extremely low-income
households. The local agency may either use available census data to
calculate the percentage of very low-income households that qualify as
extremely low-income households or presume that 50 percent of the
very low-income households qualify as extremely low-income
households. The number of extremely low-income households and
very low-income households shall equal the jurisdiction’s allocation of
very low-income households pursuant to Section 65584.
Quantification
and Analysis of
Need
1) Appendix B, pages B-7 through B-13 and
Chapter 10, page 10-23
2) Appendix A, pages A-2 and A-111 through
A-113
3) Appendix A, pages A-111 through A-113.
Supporting details are provided in Appendix A.
Yes
3 65583(a)(2) An analysis and documentation of household characteristics, including
level of payment compared to ability to pay, housing characteristics,
including overcrowding, and housing stock condition.
Quantification
and Analysis of
Need
Cost Burden: Appendix A, pages A-109 through
A-123 and pages A-161 through A-164.
Appendix B, pages B-32 through B-36.
Housing adequacy and age of structures:
Appendix A, page A-139 through A-140.
Appendix B, pages B-22 through B-23.
Substandard housing: Appendix A, pages 132
through A-138. Appendix B, pages B-25 through
B-27.
Overcrowding: Appendix A, pages A-123
through A-130 and page A-165. Appendix B,
Yes
EXHIBIT A
Town of Los Gatos Page 2
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November 2023 Track Change Version In Compliance?
pages B-32 through B-39.
Household characteristics: Appendix B, pages B-
3 through B-21.
4 65583(a)(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, and an analysis of the relationship of the sites
identified in the land inventory to the jurisdiction’s duty to affirmatively
further fair housing.
Quantification
and Analysis of
Need
Appendix D, pages D-2 through D-67.
Appendix C, pages C-1 through C-15 and page
C-53. Appendix A, pages A-152 through A-
161.
Yes
5 65583(a)(4)(A) The identification of a zone or zones where emergency shelters are
allowed as a permitted use without a conditional use or other
discretionary permit. The identified zone or zones shall include
sufficient capacity to accommodate the need for emergency shelter
identified in paragraph (7), except that each local government shall
identify a zone or zones that can accommodate at least one year-round
emergency shelter. If the local government cannot identify a zone or
zones with sufficient capacity, the local government shall include a
program to amend its zoning ordinance to meet the requirements of
this paragraph within one year of the adoption of the housing
element. The local government may identify additional zones where
emergency shelters are permitted with a conditional use permit. The
local government shall also demonstrate that existing or proposed
permit processing, development, and management standards are
objective and encourage and facilitate the development of, or
conversion to, emergency shelters. Emergency shelters may only be
subject to those development and management standards that apply
to residential or commercial development within the same zone
except that a local government may apply written, objective standards
that include all of the following:
Zoning for a
Variety of Housing
Types
Chapter 10, Implementation Program AP, pages
10-64 through 10-65. Appendix B, pages B-55
through B-56. Appendix C, pages C-59 through
C-60. Estimated homeless count and capacity:
Appendix C, page C-59.
Yes
Town of Los Gatos Page 3
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Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
6 65583(a)(4)(A)(i) The maximum number of beds or persons permitted to be served
nightly by the facility.
Zoning for a
Variety of Housing
Types
Appendix C, pages C-59 through C-60. Yes
7 65583(a)(4)(A)(ii) Sufficient parking to accommodate all staff working in the emergency
shelter, provided that the standards do not require more parking for
emergency shelters than other residential or commercial uses within
the same zone.
Zoning for a
Variety of Housing
Types
Chapter 10, Implementation Program AP, pages
10-64 through 10-65 and further described in
Appendix C, page C-59.
Yes
8 65583(a)(4)(A)(iii) The size and location of exterior and interior onsite waiting and client
intake areas.
Zoning for a
Variety of Housing
Types
Chapter 10, Implementation Program AP, pages
10-64 through 10-65 indicates that the Town
shall amend the Town Code to align with all
State requirements on the provision of
emergency shelters.
Yes
9 65583(a)(4)(A)(iv) The provision of onsite management. Zoning for a
Variety of Housing
Types
Chapter 10, Implementation Program AP, pages
10-64 through 10-65 indicates that the Town
shall amend the Town Code to align with all
State requirements on the provision of
emergency shelters.
Yes
10 65583(a)(4)(A)(v) The proximity to other emergency shelters, provided that emergency
shelters are not required to be more than 300 feet apart.
Zoning for a
Variety of Housing
Types
Chapter 10, Implementation Program AP, pages
10-64 through 10-65 indicates that the Town
shall amend the Town Code to align with all
State requirements on the provision of
emergency shelters.
Yes
11 65583(a)(4)(A)(vi) The length of stay. Zoning for a
Variety of Housing
Types
Definition of emergency shelter provided in
Appendix C, page C-59 and Chapter 10,
Implementation Program AP, pages 10-64
through 10-65 indicates that the Town shall
amend the Town Code to align with all State
requirements on the provision of emergency
shelters.
Yes
12 65583(a)(4)(A)(vii) Lighting. Zoning for a
Variety of Housing
Types
Chapter 10, Implementation Program AP, pages
10-64 through 10-65 indicates that the Town
shall amend the Town Code to align with all
State requirements on the provision of
emergency shelters.
Yes
13 65583(a)(4)(A)(viii) Security during hours that the emergency shelter is in operation. Zoning for a
Variety of Housing
Types
Chapter 10, Implementation Program AP, pages
10-64 through 10-65 indicates that the Town
shall amend the Town Code to align with all
State requirements on the provision of
emergency shelters.
Yes
14 65583(a)(4)(B) The permit processing, development, and management standards
applied under this paragraph shall not be deemed to be discretionary
acts within the meaning of the California Environmental Quality Act
Zoning for a
Variety of Housing
Chapter 10, Implementation Program AP, pages
10-64 through 10-65 indicates that the Town
shall amend the Town Code to align with all
Yes
Town of Los Gatos Page 4
November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
(Division 13 (commencing with Section 21000) of the Public Resources
Code). Types State requirements on the provision of
emergency shelters.
15 65583(a)(4)(C) A local government that can demonstrate to the satisfaction of the
department the existence of one or more emergency shelters either
within its jurisdiction or pursuant to a multijurisdictional agreement that
can accommodate that jurisdiction’s need for emergency shelter
identified in paragraph (7) may comply with the zoning requirements of
subparagraph (A) by identifying a zone or zones where new emergency
shelters are allowed with a conditional use permit.
Zoning for a
Variety of Housing
Types
Capacity to accommodate emergency shelters
and zones where they are permitted by-right
discussed in Appendix C, page C-59.
Yes
16 65583(a)(4)(D) A local government with an existing ordinance or ordinances that
comply with this paragraph shall not be required to take additional
action to identify zones for emergency shelters. The housing element
must only describe how existing ordinances, policies, and standards
are consistent with the requirements of this paragraph.
Zoning for a
Variety of Housing
Types
Chapter 10, Implementation Program AP, pages
10-64 through 10-65 indicates that the Town
shall amend the Town Code to align with all
State requirements on the provision of
emergency shelters.
Yes
17 65583(a)(5) 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, local processing and permit
procedures, and any locally adopted ordinances that directly impact the
cost and supply of residential development. The analysis shall also
demonstrate local efforts to remove governmental constraints that
hinder the locality from meeting its share of the regional housing need
in accordance with Section 65584 and from meeting the need for
housing for persons with disabilities, supportive housing, transitional
housing, and emergency shelters identified pursuant to paragraph (7).
Actual and
Potential
Governmental
Constraints
Supportive housing, transitional housing, and
emergency shelters: Appendix C, pages C-16
through C-12 and Chapter 10, Implementation
Program AP, pages 10-64 through 10-65
indicates that the Town shall amend the Town
Code to align with all State requirements on
the provision of transitional and supportive
housing.
Disabled: Chapter 10, Implementation Program
AP, page 10-65 indicates the Town will prioritize
special needs housing by allowing for reduced
processing times and streamlined procedures
for applicable zoning/land use applications.
Include preferential handling of special needs
populations in management plans and
regulatory agreements of funded projects.
Yes
18 65583(a)(6) An analysis of potential and actual nongovernmental constraints upon
the maintenance, improvement, or development of housing for all
income levels, including the availability of financing, the price of land,
the cost of construction, the requests to develop housing at densities
below those anticipated in the analysis required by subdivision (c) of
Section 65583.2, and the length of time between receiving approval for
a housing development and submittal of an application for building
permits for that housing development that hinder the construction of a
locality’s share of the regional housing need in accordance with Section
65584. The analysis shall also demonstrate local efforts to remove
Potential and
Actual
Nongovernmental
Constraints
Appendix C, pages C-60 through C-64. Yes
Town of Los Gatos Page 5
November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
nongovernmental constraints that create a gap between the locality’s
planning for the development of housing for all income levels and the
construction of that housing.
19 65583(a)(7) An analysis of any special housing needs, such as those of the elderly;
persons with disabilities, including a developmental disability, as
defined in Section 4512 of the Welfare and Institutions Code; large
families; farmworkers; families with female heads of households; and
families and persons in need of emergency shelter. The need for
emergency shelter shall be assessed based on the capacity necessary
to accommodate the most recent homeless point-in-time count
conducted before the start of the planning period, the need for
emergency shelter based on number of beds available on a year-round
and seasonal basis, the number of shelter beds that go unused on an
average monthly basis within a one-year period, and the percentage of
those in emergency shelters that move to permanent housing
solutions. The need for emergency shelter may be reduced by the
number of supportive housing units that are identified in an adopted
10-year plan to end chronic homelessness and that are either vacant or
for which funding has been identified to allow construction during the
planning period. An analysis of special housing needs by a city or
county may include an analysis of the need for frequent user
coordinated care housing services.
Housing Needs for
Special Needs
Populations
Special Needs: Appendix A, pages A-34 through
A-72.
Emergency shelter capacity based on point in
time homeless count: Appendix C, page C-59.
Yes
20 65583(a)(8) An analysis of opportunities for energy conservation with respect to
residential development. Cities and counties are encouraged to include
weatherization and energy efficiency improvements as part of publicly
subsidized housing rehabilitation projects. This may include energy
efficiency measures that encompass the building envelope, its heating
and cooling systems, and its electrical system.
Miscellaneous Chapter 10, pages 10-34 through 10-35 and
Implementation Program AK, page 10-61.
Yes
21 65583(a)(9) An analysis of existing assisted housing developments that are eligible to
change from low-income housing uses during the next 10 years due to
termination of subsidy contracts, mortgage prepayment, or expiration
of restrictions on use. “Assisted housing developments,” for the
purpose of this section, shall mean multifamily rental housing that
receives governmental assistance under federal programs listed in
subdivision (a) of Section 65863.10, state and local multifamily revenue
bond programs, local redevelopment programs, the federal
Community Development Block Grant Program, or local in-lieu fees.
“Assisted housing developments” shall also include multifamily rental
units that were developed pursuant to a local inclusionary housing
Affordable Housing
Units At-Risk of
Conversion
Appendix A, pages A-29 through A-31 and
Appendix B, pages B-24 through B-25.
Yes
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November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
program or used to qualify for a density bonus pursuant to Section
65916.
22 65583(a)(9)(A) The analysis shall include a listing of each development by project name
and address, the type of governmental assistance received, the earliest
possible date of change from low-income use, and the total number of
elderly and nonelderly units that could be lost from the locality’s low-
income housing stock in each year during the 10-year period. For
purposes of state and federally funded projects, the analysis required by
this subparagraph need only contain information available on a
statewide basis.
Affordable Housing
Units At- Risk of
Conversion
Appendix A, pages A-29 through A-31 and
Appendix B, pages B-24 through B-25.
N/A
23 65583(a)(9)(B) The analysis shall estimate the total cost of producing new rental
housing that is comparable in size and rent levels, to replace the units
that could change from low-income use, and an estimated cost of
preserving the assisted housing developments. This cost analysis for
replacement housing may be done aggregately for each five-year period
and does not have to contain a project-by-project cost estimate.
Affordable Housing
Units At-Risk of
Conversion
The Town has no deed restricted affordable
units at risk of conversion to market rate
housing.
N/A
24 65583(a)(9)(C) The analysis shall identify public and private nonprofit corporations
known to the local government that have legal and managerial capacity
to acquire and manage these housing developments.
Affordable Housing
Units At-Risk of
Conversion
The Town has no deed restricted affordable
units at risk of conversion to market rate
housing.
N/A
25 65583(a)(9)(D) The analysis shall identify and consider the use of all federal, state, and
local financing and subsidy programs that can be used to preserve, for
lower income households, the assisted housing developments,
identified in this paragraph, including, but not limited to, federal
Community Development Block Grant Program funds, tax increment
funds received by a redevelopment agency of the community, and
administrative fees received by a housing authority operating within
the community. In considering the use of these financing and subsidy
programs, the analysis shall identify the amounts of funds under each
available program that have not been legally obligated for other
purposes and that could be available for use in preserving assisted
housing developments.
Affordable Housing
Units At-Risk of
Conversion
The Town has no deed restricted affordable
units at risk of conversion to market rate
housing.
N/A
26 65583(b)(1) A statement of the community’s goals, quantified objectives, and
policies relative to affirmatively furthering fair housing and to the
maintenance, preservation, improvement, and development of housing.
Public Participation Chapter 10, pages 10-35 through 10-40,
Implementation Program AT on page 10-69,
and pages 10-73 through 10-75.
Yes
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27 65583(b)(2) It is recognized that the total housing needs identified pursuant to
subdivision (a) may exceed available resources and the community’s
ability to satisfy this need within the content of the general plan
requirements outlined in Article 5 (commencing with Section 65300).
Under these circumstances, the quantified objectives need not be
identical to the total housing needs. The quantified objectives shall
establish the maximum number of housing units by income category,
including extremely low income, that can be constructed, rehabilitated,
and conserved over a five-year time period.
Quantification and
Analysis of Need
Table 10-4 of Chapter 10, page 10-34. Yes
28 65583(c) A program that sets forth a schedule of actions during the planning
period, each with a timeline for implementation, that 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
through the administration of land use and development controls, the
provision of regulatory concessions and incentives, the utilization of
appropriate federal and state financing and subsidy programs when
available, and the utilization of moneys in a low- and moderate-income
housing fund of an agency if the locality has established a
redevelopment project area pursuant to the Community
Redevelopment Law (Division 24 (commencing with Section 33000) of
the Health and Safety Code). In order to make adequate provision for
the housing needs of all economic segments of the community, the
program shall do all of the following:
Schedule of
Actions/Programs
Timeframe: Chapter 10, pages 10-41 through
10-72.
Regulatory incentives and concessions: Chapter
10, Policy HE-3.1 on page 10-38 and
Implementation Programs N, O, and Q.
Yes
29 65583(c)(1) 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 Section
65584.09. Sites shall be identified as needed to affirmatively further
fair housing and 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.
Schedule of
Actions/Programs
Chapter 10, Implementation Program C on
pages 10-40 through 10-41.
Yes
30 65583(c)(1)(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision
(a), does not identify adequate sites to accommodate the need for
groups of all household income levels pursuant to Section 65584,
rezoning of those sites, including adoption of minimum density and
development standards, for jurisdictions with an eight-year housing
element planning period pursuant to Section 65588, shall be
completed no later than three years after either the date the housing
element is adopted pursuant to subdivision (f) of Section 65585 or the
date that is 90 days after receipt of comments from the department
Schedule of
Actions/Programs
Chapter 10, Implementation Programs AQ and
AR on pages 10-66 through 10-68 for the
rezonings that were adopted by the Town
Council on November 21, 2023.
Yes
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pursuant to subdivision (b) of Section 65585, whichever is earlier,
unless the deadline is extended pursuant to subdivision (f).
Notwithstanding the foregoing, for a local government that fails to
adopt a housing element that the department has found to be in
substantial compliance with this article within 120 days of the
statutory deadline in Section 65588 for adoption of the housing
element, rezoning of those sites, including adoption of minimum
density and development standards, shall be completed no later than
one year from the statutory deadline in Section 65588 for adoption of
the housing element.
31 65583(c)(1)(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision
(a), does not identify adequate sites to accommodate the need for
groups of all household income levels pursuant to Section 65584, the
program shall identify sites that can be developed for housing within
the planning period pursuant to subdivision (h) of Section 65583.2. The
identification of sites shall include all components specified in Section
65583.2.
Schedule of
Actions/Programs
Chapter 10, Implementation Programs AQ and
AR on pages 10-66 through 10-68 for the
rezonings that were adopted by the Town
Council on November 21, 2023.
Yes
32 65583(c)(1)(C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a)
does not identify adequate sites to accommodate the need for
farmworker housing, the program shall provide for sufficient sites to
meet the need with zoning that permits farmworker housing use by
right, including density and development standards that could
accommodate and facilitate the feasibility of the development of
farmworker housing for low- and very low income households.
Schedule of
Actions/Programs
Chapter C, page C-60 for discussion that there
are not any permanent or seasonal
farmworkers living in Los Gatos nor any migrant
worker student populations. Implementation
Program AP, pages 10-64 through 10-65 states
that the Town will modify the Town Code to
allow Employee Housing per Health and Safety
Code Section 17000, et seq.
Yes
33 65583(c)(2) Assist in the development of adequate housing to meet the needs of
extremely low, very low, low-, and moderate-income households. Schedule of
Actions/Programs
Chapter 10, Implementation Programs N, O, P,
and T.
Yes
34 65583(c)(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. Transitional housing
and supportive housing shall be considered a residential use of
property and shall be subject only to those restrictions that apply to
other residential dwellings of the same type in the same zone.
Supportive housing, as defined in Section 65650, shall be a use by right
in all zones where multifamily and mixed uses are permitted, as
provided in Article 11 (commencing with Section 65650).
Schedule of
Actions/Programs
Chapter 10, Policies HE-3.1 through HE-3.5 and
Implementation Programs K, J, L, O, Q, AA, AB,
AC, AP, and AW.
Chapter 10, Implementation Program AP, pages
10-64 through 10-65 indicates that the Town
shall amend the Town Code to align with all
State requirements on the provision of
emergency shelters.
Yes
35 65583(c)(4) Conserve and improve the condition of the existing affordable housing
stock, which may include addressing ways to mitigate the loss of
dwelling units demolished by public or private action.
Schedule of
Actions/Programs
Chapter 10, Implementation Programs I, P, AG,
AI, and AJ.
Yes
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36 65583(c)(5) 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 protected by the California Fair Employment and Housing
Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2),
Section 65008, and any other state and federal fair housing and
planning law.
Schedule of
Actions/Programs
Chapter 10, Implementation Programs I, N, O,
P, T, U, V, X, and AT.
Yes
37 65583(c)(6) Preserve for lower income households the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a).
The program for preservation of the assisted housing developments
shall utilize, to the extent necessary, all available federal, state, and
local financing and subsidy programs identified in paragraph (9) of
subdivision (a), except where a community has other urgent needs for
which alternative funding sources are not available. The program may
include strategies that involve local regulation and technical assistance.
Schedule of
Actions/Programs
Chapter 10, Implementation Programs AG on
page 10-59.
Yes
38 65583(c)(7) Develop a plan that incentivizes and promotes the creation of accessory
dwelling units that can be offered at affordable rent, as defined in
Section 50053 of the Health and Safety Code, for very low, low-, or
moderate-income households. For purposes of this paragraph,
“accessory dwelling units” has the same meaning as “accessory dwelling
unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.
Schedule of
Actions/Programs
Chapter 10, Implementation Programs Q on
pages 10-49 through 10-50.
Yes
39 65583(c)(8) Include an identification of the agencies and officials responsible for the
implementation of the various actions and the means by which
consistency will be achieved with other general plan elements and
community goals.
Schedule of
Actions/Programs
Chapter 10, Section 10.6 Implementation
Programs, pages 10-41 through 10-72.
Yes
40 65583(c)(9) Include a diligent effort by the local government to achieve public
participation of all economic segments of the community in the
development of the housing element, and the program shall describe
this effort.
Public Participation Chapter 10, page 10-10 through 10-16 and
Appendix I for additional details.
Yes
41 65583(c)(10)(A) Affirmatively further fair housing in accordance with Chapter 15
(commencing with Section 8899.50) of Division 1 of Title 2. The program
shall include an assessment of fair housing in the jurisdiction that shall
include all of the following components:
Affirmatively
Further Fair
Housing
See Appendix A for supporting details of the Fair
Housing Analysis.
Yes
42 65583(c)(10)(A)(i) A summary of fair housing issues in the jurisdiction and an assessment
of the jurisdiction’s fair housing enforcement and fair housing outreach
capacity.
Affirmatively
Further Fair
Housing
Appendix A, page A-20 through A-28 and A-67
through A-72.
Yes
Town of Los Gatos Page 10
November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
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43 65583(c)(10)(A)(ii) An analysis of available federal, state, and local data and knowledge to
identify integration and segregation patterns and trends, racially or
ethnically concentrated areas of poverty and affluence, disparities in
access to opportunity, and disproportionate housing needs, including
displacement risk. The analysis shall identify and examine such patterns,
trends, areas, disparities, and needs, both within the jurisdiction and
comparing the jurisdiction to the region in which it is located, based on
race and other characteristics protected by the California Fair
Employment and Housing Act (Part 2.8 (commencing with Section
12900) of Division 3 of Title 2) and Section 65008.
Affirmatively
Further Fair
Housing
Appendix A, pages A-34 through A-72. Yes
44 65583(c)(10)(A)(iii) An assessment of the contributing factors, including the local and
regional historical origins and current policies and practices, for the fair
housing issues identified under clauses (i) and (ii).
Affirmatively
Further Fair
Housing
Appendix A, pages A-16 through A-28. Yes
45 65583(c)(10)(A)(iv) An identification of the jurisdiction’s fair housing priorities and goals,
giving highest priority to those factors identified in clause (iii) that limit
or deny fair housing choice or access to opportunity, or negatively
impact fair housing or civil rights compliance, and identifying the
metrics and milestones for determining what fair housing results will
be achieved.
Affirmatively
Further Fair
Housing
Chapter 10, pages 10-73 through 10-75.
Appendix A, pages A-67 through A-72 and
pages A-167 through A-171.
Yes
46 65583(c)(10)(A)(v) Strategies and actions to implement those priorities and goals, which
may include, but are not limited to, enhancing mobility strategies and
encouraging development of new affordable housing in areas of
opportunity, as well as place-based strategies to encourage community
revitalization, including preservation of existing affordable housing, and
protecting existing residents from displacement.
Affirmatively
Further Fair
Housing
Chapter 10, pages 10-73 through 10-75.
Yes
47 65583(c)(10)(B) A jurisdiction that completes or revises an assessment of fair housing
pursuant to Subpart A (commencing with Section 5.150) of Part 5 of
Subtitle A of Title 24 of the Code of Federal Regulations, as published in
Volume 80 of the Federal Register, Number 136, page 42272, dated July
16, 2015, or an analysis of impediments to fair housing choice in
accordance with the requirements of Section 91.225 of Title 24 of the
Code of Federal Regulations in effect before August 17, 2015, may
incorporate relevant portions of that assessment or revised assessment
of fair housing or analysis or revised analysis of impediments to fair
housing into its housing element.
Affirmatively
Further Fair
Housing
Appendix G. Yes
48 65583(c)(10)(C) The requirements of this paragraph shall apply to housing elements due
to be revised pursuant to Section 65588 on or after January 1, 2021. Affirmatively
Further Fair
Housing
Noted. Yes
49-
72
65583(d) - (j) N/A - The Town relies on its own zoning to demonstrate capacity for
emergency shelters. See above. Zoning for a
Variety of Housing
Types
Chapter 10, Implementation Program AP, pages
10-64 through 10-65 indicates that the Town
shall amend the Town Code to align with all
State requirements on the provision of
emergency shelters.
N/A
73 65583.1(a) The Department of Housing and Community Development, in evaluating Methods for Land Use/Rezoning Changes: Chapter 10, Yes
Town of Los Gatos Page 11
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a proposed or adopted housing element for substantial compliance
with this article, may allow a city or county to identify adequate sites,
as required pursuant to Section 65583, by a variety of methods,
including, but not limited to, redesignation of property to a more
intense land use category and increasing the density allowed within
one or more categories. The department may also allow a city or
county to identify sites for accessory dwelling units based on the
number of accessory dwelling units developed in the prior housing
element planning period whether or not the units are permitted by
right, the need for these units in the community, the resources or
incentives available for their development, and any other relevant
factors, as determined by the department. Nothing in this section
reduces the responsibility of a city or county to identify, by income
category, the total number of sites for residential development as
required by this article.
identifying
adequate sites/
site inventory
Implementation Programs AQ and AR to create
and apply the Housing Element Overlay Zone to
apply to the sites included in the Site Inventory
to modify the development standards (i.e.,
density, lot coverage, FAR, height) on those
sites.
ADUs: Based on the average of ADU building
permits issued between the years 2020 to 2022,
Appendix D, pages D-68 through D-69.
74-
115
65583.1(b) - (c) The Department of Housing and Community Development may allow a
city or county to substitute the provision of units for up to 25 percent
of the community's obligation to identify adequate sites for any income
category in its housing element pursuant to paragraph (1) of
subdivision (c) of Section 65583 where the community includes in its
housing element a program committing the local government to
provide units in that income category within the city or county that will
be made available through the provision of committed assistance
during the planning period covered by the element to low- and very
low income households at affordable housing costs or affordable rents,
as defined in Sections 50052.5 and 50053 of the Health and Safety
Code, and which meet the requirements of paragraph (2). Except as
otherwise provided in this subdivision, the community may substitute
one dwelling unit for one dwelling unit site in the applicable income
category. The program shall do all of the following:
(A) Identify the specific, existing sources of committed assistance and
dedicate a specific portion of the funds from those sources to the
provision of housing pursuant to this subdivision.
(B) Indicate the number of units that will be provided to both low- and
very low-income households and demonstrate that the amount of
dedicated funds is sufficient to develop the units at affordable housing
costs or affordable rents.
(C) Demonstrate that the units meet the requirements of paragraph (2).
Methods for
identifying
adequate sites/
site inventory
N/A N/A
116 65583.1(d) A city or county may reduce its share of the regional housing need by
the number of units built between the start of the projection period
and the deadline for adoption of the housing element. If the city or
county reduces its share pursuant to this subdivision, the city or county
shall include in the housing element a description of the methodology
for assigning those housing units to an income category based on
actual or projected sales price, rent levels, or other mechanisms
establishing affordability.
Methods for
identifying
adequate sites/
site inventory
Chapter 10, page 10-33. Appendix D, pages D-2
and D-72.
Yes
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117 65583.2(a) A city’s or county’s inventory of land suitable for residential
development pursuant to paragraph (3) of subdivision (a) of Section
65583 shall be used to identify sites throughout the community,
consistent with paragraph (10) of subdivision (c) of Section 65583, that
can be developed for housing within the planning period and that are
sufficient to provide for the jurisdiction’s share of the regional housing
need for all income levels pursuant to Section 65584. As used in this
section, “land suitable for residential development” includes all of the
following sites that meet the standards set forth in subdivisions (c) and
(g):
Inventory of land
suitable for
development/
vacant sites
Appendix D. Yes
118 65583.2(a)(1) Vacant sites zoned for residential use. Inventory of land
suitable for
development/
vacant sites
Appendix D, pages D-10 through D-12. Yes
119 65583.2(a)(2) Vacant sites zoned for nonresidential use that allows residential
development. Inventory of land
suitable for
development/
vacant sites
Appendix D, pages D-10 through D-14. Yes
120 65583.2(a)(3) Residentially zoned sites that are capable of being developed at a higher
density, including sites owned or leased by a city, county, or city and
county.
Inventory of land
suitable for
development/
vacant sites
Appendix D, pages D-4 through D-8. Yes
121 65583.2(a)(4) Sites zoned for nonresidential use that can be redeveloped for
residential use, and for which the housing element includes a program
to rezone the site, as necessary, rezoned for, to permit residential use,
including sites owned or leased by a city, county, or city and county.
Inventory of land
suitable for
development/
vacant sites
Chapter 10, Implementation Programs AQ and
AR, pages 10-66 through 10-68 to create and
apply the Housing Element Overlay Zone (HEOZ)
to apply to the sites included in the Site
Inventory to modify the development standards
(i.e., density, lot coverage, FAR, height) on
those sites. The rezonings were adopted by the
Town Council on November 21, 2023.
Yes
122 65583.2(b) The inventory of land shall include all of the following: Inventory of land
suitable for
development/
vacant sites
Appendix D, Sites Inventory Analysis and
Appendix H, Sites Inventory Form.
Yes
123 65583.2(b)(1) A listing of properties by assessor parcel number. Inventory of land
suitable for
development/
vacant sites
Appendix D, Sites Inventory Analysis and
Appendix H, Sites Inventory Form.
Yes
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124 65583.2(b)(2) The size of each property listed pursuant to paragraph (1), and the
general plan designation and zoning of each property.
Inventory of land
suitable for
development/
vacant sites
Appendix D, Sites Inventory Analysis and
Appendix H, Sites Inventory Form.
Yes
125 65583.2(b)(3) For nonvacant sites, a description of the existing use of each property.
If a site subject to this paragraph is owned by the city or county, the
description shall also include whether there are any plans to dispose
of the property during the planning period and how the city or county
will comply with Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5.
Inventory of land
suitable for
development/
vacant sites
Appendix D, Sites Inventory Analysis and
Appendix H, Sites Inventory Form.
Yes
126 65583.2(b)(4) A general description of any environmental constraints to the
development of housing within the jurisdiction, the documentation for
which has been made available to the jurisdiction. This information
need not be identified on a site-specific basis.
Inventory of land
suitable for
development/
vacant sites
Appendix C, pages C-54 through C-56. Yes
127 65583.2(b)(5)(A) A description of existing or planned water, sewer, and other dry
utilities supply, including the availability and access to distribution
facilities.
Inventory of land
suitable for
development/
vacant sites
Appendix C, pages C-62 through C-64. Yes
128 65583.2(b)(5)(B) Parcels included in the inventory must have sufficient water, sewer,
and dry utilities supply available and accessible to support housing
development or be included in an existing general plan program or
other mandatory program or plan, including a program or plan of a
public or private entity providing water or sewer service, to secure
sufficient water, sewer, and dry utilities supply to support housing
development. This paragraph does not impose any additional duty on
the city or county to construct, finance, or otherwise provide water,
sewer, or dry utilities to parcels included in the inventory.
Inventory of land
suitable for
development/
vacant sites
Appendix H, Sites Inventory Form. Yes
129 65583.2(b)(6) Sites identified as available for housing for above moderate-income
households in areas not served by public sewer systems. This
information need not be identified on a site-specific basis.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
130 65583.2(b)(7) A map that shows the location of the sites included in the inventory,
such as the land use map from the jurisdiction’s general plan, for
reference purposes only.
Inventory of land
suitable for
development/
vacant sites
Appendix D, pages D-15 through D-67. Yes
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131 65583.2(c) Based on the information provided in subdivision (b), a city or county shall
determine whether each site in the inventory can accommodate the
development of some portion of its share of the regional housing need by
income level during the planning period, as determined pursuant to Section
65584. The inventory shall specify for each site the number of units that can
realistically be accommodated on that site and whether the site is adequate
to accommodate lower income housing, moderate-income housing, or above
moderate-income housing. A nonvacant site identified pursuant to paragraph
(3) or (4) of subdivision (a) in a prior housing element and a vacant site that
has been included in two or more consecutive planning periods that was not
approved to develop a portion of the locality’s housing need shall not be
deemed adequate to accommodate a portion of the housing need for lower
income households that must be accommodated in the current housing
element planning period unless the site is zoned at residential densities
consistent with paragraph (3) of this subdivision and the site is subject to a
program in the housing element requiring rezoning within three years of the
beginning of the planning period to allow residential use by right for housing
developments in which at least 20 percent of the units are affordable to
lower income households. Notwithstanding the foregoing, for a local
government that fails to adopt a housing element that the department has
found to be in substantial compliance with state law within 120 days of the
statutory deadline in Section 65588 for adoption of the housing element,
rezoning pursuant to this subdivision shall be completed no later than one
year from the statutory deadline in Section 65588 for adoption of the housing
element. An unincorporated area in a nonmetropolitan county pursuant to
clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the
requirements of this subdivision to allow residential use by right. The analysis
shall determine whether the inventory can provide for a variety of types of
housing, including multifamily rental housing, factory-built housing, mobile
homes, housing for agricultural employees, supportive housing, single-room
occupancy units, emergency shelters, and transitional housing, and whether
the inventory affirmatively furthers fair housing. The city or county shall
determine the number of housing units that can be accommodated on each
site as follows:
Inventory of land
suitable for
development/
vacant sites
Chapter 10, Implementation Programs AQ and
AR, pages 10-66 through 10-68 to create and
apply the Housing Element Overlay Zone
(HEOZ) to apply to the sites included in the Site
Inventory to modify the development
standards (i.e., density, lot coverage, FAR,
height) on those sites. The rezonings were
adopted by the Town Council on November 21,
2023.
Chapter 10, Implementation Programs AR and
AS, pages 10-68 through 10-69, states that the
following types of sites used to fulfill the
Town’s lower income RHNA will be subjected to
by-right approval without discretionary review
pursuant to Government Code section
65583.2(H) and (I) when 20 percent or more of
the units are affordable to lower income
households:
- Rezone Sites: All sites that are to be rezoned
with the HEOZ, given that the rezoning occurs
after the statutory deadline of the Housing
Element (January 31, 2023).
- Reuse Sites: Sites that were used in the 5th
cycle Housing Element to meet the RHNA will
be rezoned with the HEOZ.
Appendix C, page C-15 for the development
standards for the HEOZ.
Appendix A, pages A-167 through A-171 for
analysis on how the Sites Inventory
affirmatively furthers fair housing.
Yes
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132 65583.2(c)(1) If local law or regulations require the development of a site at a
minimum density, the department shall accept the planning agency’s
calculation of the total housing unit capacity on that site based on the
established minimum density. If the city or county does not adopt a
law or regulation requiring the development of a site at a minimum
density, then it shall demonstrate how the number of units
determined for that site pursuant to this subdivision will be
accommodated.
Inventory of land
suitable for
development/
vacant sites
The total capacity of the Sites Inventory in the
Housing Element is based on the minimum
density. Appendix C, page C-15 for the
minimum and maximum density range
permitted by the HEOZ.
Yes
133 65583.2(c)(2) The number of units calculated pursuant to paragraph (1) shall be
adjusted as necessary, based on the land use controls and site
improvements requirement identified in paragraph (5) of subdivision
(a) of Section 65583, the realistic development capacity for the site,
typical densities of existing or approved residential developments at a
similar affordability level in that jurisdiction, and on the current or
planned availability and accessibility of sufficient water, sewer, and
dry utilities.
Inventory of land
suitable for
development/
vacant sites
The total number of units calculated in the
Sites Inventory in the Housing Element is based
on the minimum density. Development trends
are provided in Table D-4 of Appendix D, page
D-6.
Yes
134 65583.2(c)(2)(A) A site smaller than half an acre shall not be deemed adequate to
accommodate lower income housing need unless the locality can
demonstrate that sites of equivalent size were successfully developed
during the prior planning period for an equivalent number of lower
income housing units as projected for the site or unless the locality
provides other evidence to the department that the site is adequate to
accommodate lower income housing.
Inventory of land
suitable for
development/
vacant sites
Appendix D, page D-13. Yes
135 65583.2(c)(2)(B) A site larger than 10 acres shall not be deemed adequate to
accommodate lower income housing need unless the locality can
demonstrate that sites of equivalent size were successfully developed
during the prior planning period for an equivalent number of lower
income housing units as projected for the site or unless the locality
provides other evidence to the department that the site can be
developed as lower income housing. For purposes of this
subparagraph, “site” means that portion of a parcel or parcels
designated to accommodate lower income housing needs pursuant to
this subdivision.
Inventory of land
suitable for
development/
vacant sites
N/A no sites over 10 acres. Yes
136 65583.2(c)(2)(C) A site may be presumed to be realistic for development to
accommodate lower income housing need if, at the time of the
adoption of the housing element, a development affordable to lower
income households has been proposed and approved for
development on the site.
Inventory of land
suitable for
development/
vacant sites
N/A Yes
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137 65583.2(c)(3) For the number of units calculated to accommodate its share of the
regional housing need for lower income households pursuant to
paragraph (2), a city or county shall do either of the following:
Inventory of land
suitable for
development/
vacant sites
N/A Yes
138 65583.2(c)(3)(A) Provide an analysis demonstrating how the adopted densities
accommodate this need. The analysis shall include, but is not limited
to, factors such as market demand, financial feasibility, or information
based on development project experience within a zone or zones that
provide housing for lower income households.
Inventory of land
suitable for
development/
vacant sites
Appendix D, pages D-3 through D-14. Yes
139 65583.2(c)(3)(B) The following densities shall be deemed appropriate to accommodate
housing for lower income households:
Inventory of land
suitable for
development/
vacant sites
No response required. N/A
140 65583.2(c)(3)(B)(i) For an incorporated city within a nonmetropolitan county and for a
nonmetropolitan county that has a micropolitan area: sites allowing at
least 15 units per acre.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
141 65583.2(c)(3)(B)(ii) For an unincorporated area in a nonmetropolitan county not included
in clause (i): sites allowing at least 10 units per acre.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
142 65583.2(c)(3)(B)(iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. Inventory of land
suitable for
development/
vacant sites
N/A N/A
143 65583.2(c)(3)(B)(iv) For a jurisdiction in a metropolitan county: sites allowing at least 30
units per acre.
Inventory of land
suitable for
development/
vacant sites
Chapter 10, Implementation Programs AQ and
AR, pages 10-68 through 10-69 to create and
apply the Housing Element Overlay Zone
(HEOZ) to apply to the sites included in the Site
Inventory to modify the development
standards (i.e., density, lot coverage, FAR,
height) on those sites, in addition to Table C-3
of Appendix C, page C-15. The rezonings were
adopted by the Town Council on November 21,
2023.
Yes
Town of Los Gatos Page 17
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144 65583.2(c)(4)(A) For a metropolitan jurisdiction: Inventory of land
suitable for
development/
vacant sites
N/A N/A
145 65583.2(c)(4)(A)(i) At least 25 percent of the jurisdiction’s share of the regional housing
need for moderate-income housing shall be allocated to sites with
zoning that allows at least 4 units of housing, but not more than 100
units per acre of housing.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
146 65583.2(c)(4)(A)(ii) At least 25 percent of the jurisdiction’s share of the regional housing
need for above moderate-income housing shall be allocated to sites
with zoning that allows at least 4 units of housing.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
147 65583.2(c)(4)(B) The allocation of moderate-income and above moderate-income
housing to sites pursuant to this paragraph shall not be a basis for the
jurisdiction to do either of the following:
Inventory of land
suitable for
development/
vacant sites
N/A N/A
148 65583.2(c)(4)(B)(i) Deny a project that does not comply with the allocation. Inventory of land
suitable for
development/
vacant sites
N/A N/A
149 65583.2(c)(4)(B)(ii) Impose a price minimum, price maximum, price control, or any other
exaction or condition of approval in lieu thereof. This clause does not
prohibit a jurisdiction from imposing any price minimum, price
maximum, price control, exaction, or condition in lieu thereof, pursuant
to any other law.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
150 65583.2(c)(4)(B)(iii) The provisions of this subparagraph do not constitute a change in, but
are declaratory of, existing law with regard to the allocation of sites
pursuant to this section.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
151 65583.2(c)(4)(C) This paragraph does not apply to an unincorporated area. Inventory of land
suitable for
development/
vacant sites
N/A N/A
152 65583.2(c)(4)(D) For purposes of this paragraph: Inventory of land
suitable for
development/
vacant sites
N/A N/A
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153 65583.2(c)(4)(D)(i) “Housing development project” has the same meaning as defined in
paragraph (2) of subdivision (h) of Section 65589.5.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
154 65583.2(c)(4)(D)(ii) “Unit of housing” does not include an accessory dwelling unit or junior
accessory dwelling unit that could be approved pursuant to Section
65852.2 or Section 65852.22 or through a local ordinance or other
provision implementing either of those sections. This paragraph shall
not limit the ability of a local government to count the actual
production of accessory dwelling units or junior accessory dwelling
units in an annual progress report submitted pursuant to Section
65400 or other progress report as determined by the department.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
155 65583.2(c)(4)(E) Nothing in this subdivision shall preclude the subdivision of a parcel,
provided that the subdivision is subject to the Subdivision Map Act
(Division 2 (commencing with Section 66410)) or any other applicable
law authorizing the subdivision of land.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
156 65583.2(d) For purposes of this section, a metropolitan county, nonmetropolitan
county, and nonmetropolitan county with a micropolitan area shall be
as determined by the United States Census Bureau. A
nonmetropolitan county with a micropolitan area includes the
following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada,
Tehama, and Tuolumne and other counties as may be determined by
the United States Census Bureau to be nonmetropolitan counties with
micropolitan areas in the future.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
157 65583.2(e)(1) Except as provided in paragraph (2), a jurisdiction shall be considered
suburban if the jurisdiction does not meet the requirements of clauses
(i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is
located in a Metropolitan Statistical Area (MSA) of less than 2,000,000
in population, unless that jurisdiction’s population is greater than
100,000, in which case it shall be considered metropolitan. A county,
not including the City and County of San Francisco, shall be considered
suburban unless the county is in an MSA of 2,000,000 or greater in
population in which case the county shall be considered metropolitan.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
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158 65583.2(e)(2)(A)(i) Notwithstanding paragraph (1), if a county that is in the San Francisco-
Oakland-Fremont California MSA has a population of less than
400,000, that county shall be considered suburban. If this county
includes an incorporated city that has a population of less than
100,000, this city shall also be considered suburban. T his paragraph
shall apply to a housing element revision cycle, as described in
subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588,
that is in effect from July 1, 2014, to December 31, 2028, inclusive.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
159 65583.2(e)(2)(A)(ii) A county subject to this subparagraph shall utilize the sum existing in
the county’s housing trust fund as of June 30, 2013, for the
development and preservation of housing affordable to low- and very
low-income households.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
160 65583.2(e)(2)(B) A jurisdiction that is classified as suburban pursuant to this paragraph
shall report to the Assembly Committee on Housing and Community
Development, the Senate Committee on Housing, and the Department
of Housing and Community Development regarding its progress in
developing low- and very low-income housing consistent with the
requirements of Section 65400. The report shall be provided three
times: once, on or before December 31, 2019, which report shall
address the initial four years of the housing element cycle, a second
time, on or before December 31, 2023, which report shall address the
subsequent four years of the housing element cycle, and a third time,
on or before December 31, 2027, which report shall address the
subsequent four years of the housing element cycle and the cycle as a
whole. The reports shall be provided consistent with the requirements
of Section 9795.
Inventory of land
suitable for
development/
vacant sites
Progress reports are provided annually to the
State and reviewed annually by Town Council.
Yes
161 65583.2(f) A jurisdiction shall be considered metropolitan if the jurisdiction does
not meet the requirements for “suburban area” above and is located
in an MSA of 2,000,000 or greater in population, unless that
jurisdiction’s population is less than 25,000 in which case it shall be
considered suburban.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
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162 65583.2(g)(1) For sites described in paragraph (3) of subdivision (b), the city or
county shall specify the additional development potential for each site
within the planning period and shall provide an explanation of the
methodology used to determine the development potential. The
methodology shall consider factors including the extent to which
existing uses may constitute an impediment to additional residential
development, the city’s or county’s past experience with converting
existing uses to higher density residential development, the current
market demand for the existing use, an analysis of any existing leases
or other contracts that would perpetuate the existing use or prevent
redevelopment of the site for additional residential development,
development trends, market conditions, and regulatory or other
incentives or standards to encourage additional residential
development on these sites.
Inventory of land
suitable for
development/
vacant sites
Appendix D, pages D-2 and D-26 through D-67. Yes
163 65583.2(g)(2) In addition to the analysis required in paragraph (1), when a city or
county is relying on nonvacant sites described in paragraph (3) of
subdivision (b) to accommodate 50 percent or more of its housing
need for lower income households, the methodology used to
determine additional development potential shall demonstrate that
the existing use identified pursuant to paragraph (3) of subdivision (b)
does not constitute an impediment to additional residential
development during the period covered by the housing element. An
existing use shall be presumed to impede additional residential
development, absent findings based on substantial evidence that the
use is likely to be discontinued during the planning period.
Inventory of land
suitable for
development/
vacant sites
Appendix D, pages D-5 through D-12.
Yes
164 65583.2(g)(3) Notwithstanding any other law, and in addition to the requirements in
paragraphs (1) and (2), sites that currently have residential uses, or
within the past five years have had residential uses that have been
vacated or demolished, that are or were subject to a recorded
covenant, ordinance, or law that restricts rents to levels affordable to
persons and families of low or very low income, subject to any other
form of rent or price control through a public entity’s valid exercise of
its police power, or occupied by low- or very low income households,
shall be subject to a policy requiring the replacement of all those units
affordable to the same or lower income level as a condition of any
development on the site. Replacement requirements shall be
consistent with those set forth in paragraph (3) of subdivision (c) of
Section 65915.
Inventory of land
suitable for
development/
vacant sites
Chapter 10, Implementation Program AU on
page 10-71.
Yes
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November 2023 Track Change Version In Compliance?
165 65583.2(h) The program required by subparagraph (A) of paragraph (1) of
subdivision (c) of Section 65583 shall accommodate 100 percent of the
need for housing for very low and low-income households allocated
pursuant to Section 65584 for which site capacity has not been
identified in the inventory of sites pursuant to paragraph (3) of
subdivision (a) on sites that shall be zoned to permit owner-occupied
and rental multifamily residential use by right for developments in
which at least 20 percent of the units are affordable to lower income
households during the planning period. These sites shall be zoned
with minimum density and development standards that permit at
least 16 units per site at a density of at least 16 units per acre in
jurisdictions described in clause (i) of subparagraph (B) of paragraph
(3) of subdivision (c), shall be at least 20 units per acre in jurisdictions
described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3)
of subdivision (c) and shall meet the standards set forth in
subparagraph (B) of paragraph (5) of subdivision (b). At least 50
percent of the very low and low-income housing need shall be
accommodated on sites designated for residential use and for which
nonresidential uses or mixed uses are not permitted, except that a city
or county may accommodate all of the very low and low-income
housing need on sites designated for mixed use if those sites allow 100
percent residential use and require that residential use occupy 50
percent of the total floor area of a mixed-use project.
Inventory of land
suitable for
development/
vacant sites
Chapter 10, Implementation Programs AQ and
AR, pages 10-68 through 10-69 to create and
apply the Housing Element Overlay Zone
(HEOZ) to apply to the sites included in the Site
Inventory to modify the development
standards (i.e., density, lot coverage, FAR,
height) provide by right development when 20
percent or more of the units are affordable to
lower income households. The rezonings were
adopted by the Town Council on November 21,
2023.
Yes
166 65583.2(i) For purposes of this section and Section 65583, the phrase “use by
right” shall mean that the local government’s review of the owner-
occupied or multifamily residential use may not require a conditional
use permit, planned unit development permit, or other discretionary
local government review or approval that would constitute a “project”
for purposes of Division 13 (commencing with Section 21000) of the
Public Resources Code. Any subdivision of the sites shall be subject to
all laws, including, but not limited to, the local government ordinance
implementing the Subdivision Map Act. A local ordinance may provide
that “use by right” does not exempt the use from design review.
However, that design review shall not constitute a “project” for
purposes of Division 13 (commencing with Section 21000) of the
Public Resources Code. Use by right for all rental multifamily
residential housing shall be provided in accordance with subdivision (f)
of Section 65589.5.
Inventory of land
suitable for
development/
vacant sites
Chapter 10, Implementation Programs AQ and
AR, pages 10-68 through 10-69 to create and
apply the Housing Element Overlay Zone
(HEOZ) to apply to the sites included in the Site
Inventory to modify the development
standards (i.e., density, lot coverage, FAR,
height). The rezonings were adopted by the
Town Council on November 21, 2023.
Yes
Town of Los Gatos Page 22
November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
167 65583.2(j) Notwithstanding any other provision of this section, within one-half
mile of a Sonoma-Marin Area Rail Transit station, housing density
requirements in place on June 30, 2014, shall apply.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
168 65583.2(k) For purposes of subdivisions (a) and (b), the department shall provide
guidance to local governments to properly survey, detail, and account
for sites listed pursuant to Section 65585.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
169 65583.2(l)(1) The changes to this section made by Chapter 193 of the Statutes of
2020 shall become operative on January 1, 2022.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
170 65583.2(l)(2) The changes to this section made by Chapter 193 of the Statutes of
2020 shall not apply to a housing element revision that is originally due
on or before January 1, 2022, regardless of the date of adoption by the
local agency.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
171 65583.2(m) This section shall remain in effect only until December 31, 2028, and as
of that date is repealed.
Inventory of land
suitable for
development/
vacant sites
N/A N/A
172 65583.3(a) For a housing element or amendment adopted on or after January 1,
2021, the planning agency shall submit to the department an electronic
copy of its inventory of land suitable for residential development
developed pursuant to paragraph (3) of subdivision (a) of Section
65583 and subdivision (b) of this section with the copy of its housing
element or amendment submitted pursuant to subdivision (g) of
Section 65585. The local government shall ensure, to the best of its
knowledge, that the inventory of land submitted to the department is
true and correct.
Sites inventory Appendix H, Sites Inventory Form. Yes
173 65583.3(b) Notwithstanding subdivision (a) of Section 65301, each local
government shall prepare the inventory required under paragraph (3)
of subdivision (a) of Section 65583 using standards, forms, and
definitions adopted by the department. The department may review,
adopt, amend, and repeal the standards, forms, or definitions to
implement this subdivision and subdivision (a) of Section 65583. Any
standards, forms, or definitions adopted to implement this subdivision
and subdivision (a) of Section 65583 shall not be subject to Chapter 3.5
Sites inventory Appendix D, Sites Inventory Analysis and
Appendix I, Sites Inventory Form.
Yes
Town of Los Gatos Page 23
November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
(commencing with Section 11340) of Part 1 of Division 3 of Title 2.
174 65583.4(a) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (c) of
Section 65583, subdivision (c) of Section 65583.2, and subparagraph
(C) of paragraph (4) of subdivision (e) of Section 65588, a local
government shall have three years and 120 days from the statutory
deadline in Section 65588 for adoption of the housing element to
complete any rezonings required by subparagraph (A) of paragraph
(1) of subdivision (c) of Section 65583 and subdivision (c) of Section
65583.2 if all of the following apply:
Statutory
deadline/
timeframe to
complete any
rezonings, if
applicable
Chapter 10, Implementation Programs AQ and
AR, pages 10-68 through 10-69 to create and
apply the Housing Element Overlay Zone
(HEOZ) to apply to the sites included in the Site
Inventory to modify the development
standards (i.e., density, lot coverage, FAR,
height). The rezonings were adopted by the
Town Council on November 21, 2023.
Yes
175 65583.4(a)(1) The statutory deadline in Section 65588 for adoption of the sixth
revision of the housing element was in the 2021 calendar year.
Statutory
deadline/
timeframe to
complete any
rezonings, if
applicable
Section 65583.4 is N/A; Housing Element due
January 31, 2023.
N/A
176 65583.4(a)(2) The local government failed to adopt a sixth revision of the housing
element that the department had found to be in substantial
compliance with this article within 120 days of the statutory deadline
in Section 65588 for adoption of the housing element.
Statutory
deadline/
timeframe to
complete any
rezonings, if
applicable
N/A N/A
177 65583.4(a)(3) The local government adopts a sixth revision of the housing element
and the department finds the adopted element to be in substantial
compliance with this article within one year of the statutory deadline
established pursuant to Section 65888 for adoption of the housing
element.
Statutory
deadline/
timeframe to
complete any
rezonings, if
applicable
N/A N/A
Town of Los Gatos Page 24
November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
178 65583.4(b)(1) The deadline for completing required rezoning pursuant to subdivision
(a) shall be extended by one year if the local government has
completed the rezoning at densities sufficient to accommodate at least
75 percent of the units for low- and very low-income households and if
the legislative body at the conclusion of a public hearing determines,
based upon substantial evidence, that any of the following
circumstances exist:
Statutory
deadline/
timeframe to
complete any
rezonings, if
applicable
N/A N/A
179 65583.4(b)(1)(A) The local government has been unable to complete the rezoning
because of the action or inaction beyond the control of the local
government of any other state, federal, or local agency.
Statutory
deadline/
timeframe to
complete any
rezonings, if
applicable
N/A N/A
180 65583.4(b)(1)(B) The local government is unable to complete the rezoning because of
infrastructure deficiencies due to fiscal or regulatory constraints.
Statutory
deadline/
timeframe to
complete any
rezonings, if
applicable
N/A N/A
181 65583.4(b)(1)(C) The local government must undertake a major revision to its general
plan in order to accommodate the housing-related policies of a
sustainable communities strategy or an alternative planning strategy
adopted pursuant to Section 65080.
Statutory
deadline/
timeframe to
complete any
rezonings, if
applicable
The Town Council certified the Environmental
Impact Report and adopted the 2040 General Plan
on June 30, 2022. A referendum to repeal the
Land Use and Community Design Elements of the
adopted 2040 General Plan was received and
verified by the County Registrar. On October 4,
2022, the Town Council adopted a resolution to
provide that the 2020 General Plan Land Use and
Community Design Elements will govern during
the period of suspension.
Yes
182 65583.4(b)(2) The resolution and the findings shall be transmitted to the department
together with a detailed budget and schedule for preparation and
adoption of the required rezonings, including plans for citizen
participation and expected interim action. The schedule shall provide
for adoption of the required rezoning within one year of the adoption
of the resolution.
Statutory
deadline/
timeframe to
complete any
rezonings, if
applicable
N/A N/A
Town of Los Gatos Page 25
November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
183 65584.0(a)(1) For the fourth and subsequent revisions of the housing element
pursuant to Section 65588, the department shall determine the
existing and projected need for housing for each region pursuant to
this article. For purposes of subdivision (a) of Section 65583, the share
of a city or county of the regional housing need shall include that share
of the housing need of persons at all income levels within the area
significantly affected by the general plan of the city or county.
AFFH/RHNA N/A N/A
184 65584.0(a)(2) It is the intent of the Legislature that cities, counties, and cities and
counties should undertake all necessary actions to encourage,
promote, and facilitate the development of housing to accommodate
the entire regional housing need, and reasonable actions should be
taken by local and regional governments to ensure that future housing
production meets, at a minimum, the regional housing need
established for planning purposes. These actions shall include
applicable reforms and incentives in Section 65582.1.
AFFH/RHNA Chapter 10, Implementation Programs AQ and
AR, pages 10-68 through 10-69 to create and
apply the Housing Element Overlay Zone
(HEOZ) to apply to the sites included in the Site
Inventory to modify the development
standards (i.e., density, lot coverage, FAR,
height). The rezonings were adopted by the
Town Council on November 21, 2023.
Yes
185 65584.0(a)(3) The Legislature finds and declares that insufficient housing in job
centers hinders the state’s environmental quality and runs counter to
the state’s environmental goals. In particular, when Californians
seeking affordable housing are forced to drive longer distances to
work, an increased amount of greenhouse gases and other pollutants is
released and puts in jeopardy the achievement of the state’s climate
goals, as established pursuant to Section 38566 of the Health and
Safety Code, and clean air goals.
AFFH/RHNA N/A N/A
186 65584.0(b) The department, in consultation with each council of governments,
shall determine each region’s existing and projected housing need
pursuant to Section 65584.01 at least two years prior to the scheduled
revision required pursuant to Section 65588. The appropriate council
of governments, or for cities and counties without a council of
governments, the department, shall adopt a final regional housing
need plan that allocates a share of the regional housing need to each
city, county, or city and county at least one year prior to the scheduled
revision for the region required by Section 65588. The allocation plan
prepared by a council of governments shall be prepared pursuant to
Sections 65584.04 and 65584.05.
AFFH/RHNA N/A N/A
187 65584.0(c) Notwithstanding any other provision of law, the due dates for the
determinations of the department or for the council of governments,
respectively, regarding the regional housing need may be extended by
the department by not more than 60 days if the extension will enable
AFFH/RHNA N/A N/A
Town of Los Gatos Page 26
November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
access to more recent critical population or housing data from a
pending or recent release of the United States Census Bureau or the
Department of Finance. If the due date for the determination of the
department or the council of governments is extended for this reason,
the department shall extend the corresponding housing element
revision deadline pursuant to Section 65588 by not more than 60 days.
188 65584.0(d) The regional housing needs allocation plan shall further all of the
following objectives:
AFFH/RHNA No response required. N/A
189 65584.0(d)(1) Increasing the housing supply and the mix of housing types, tenure,
and affordability in all cities and counties within the region in an
equitable manner, which shall result in each jurisdiction receiving an
allocation of units for low- and very low-income households.
AFFH/RHNA N/A N/A
190 65584.0(d)(2) Promoting infill development and socioeconomic equity, the protection
of environmental and agricultural resources, the encouragement of
efficient development patterns, and the achievement of the region’s
greenhouse gas reductions targets provided by the State Air Resources
Board pursuant to Section 65080.
AFFH/RHNA Chapter 10, Policy HE-1.7, page 10-36 and Chapter
10, Policies HE-5.1 and HE-5.2, page 10-39.
Yes
191 65584.0(d)(3) Promoting an improved intraregional relationship between jobs and
housing, including an improved balance between the number of low-
wage jobs and the number of housing units affordable to low-wage
workers in each jurisdiction.
AFFH/RHNA N/A N/A
192 65584.0(d)(4) Allocating a lower proportion of housing need to an income category
when a jurisdiction already has a disproportionately high share of
households in that income category, as compared to the countywide
distribution of households in that category from the most recent
American Community Survey.
AFFH/RHNA N/A N/A
193 65584.0(d)(5) Affirmatively furthering fair housing. AFFH/RHNA No response required. N/A
194 65584.0(e) For purposes of this section, “affirmatively furthering fair housing”
means taking meaningful actions, in addition to combating
discrimination, that overcome patterns of segregation and foster
inclusive communities free from barriers that restrict access to
opportunity based on protected characteristics. Specifically,
affirmatively furthering fair housing means taking meaningful actions
that, taken together, address significant disparities in housing needs
and in access to opportunity, replacing segregated living patterns with
truly integrated and balanced living patterns, transforming racially and
ethnically concentrated areas of poverty into areas of opportunity, and
fostering and maintaining compliance with civil rights and fair housing
AFFH/RHNA Appendix A, Affirmatively Furthering Fair Housing. Yes
Town of Los Gatos Page 27
November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
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laws.
195 65584.0(f) For purposes of this section, “household income levels” are as
determined by the department as of the most recent American
Community Survey pursuant to the following code sections:
AFFH/RHNA N/A N/A
196 65584.0(f)(1) Very low incomes as defined by Section 50105 of the Health and Safety
Code.
AFFH/RHNA N/A N/A
197 65584.0(f)(2) Lower incomes, as defined by Section 50079.5 of the Health and Safety
Code.
AFFH/RHNA N/A N/A
198 65584.0(f)(3) Moderate incomes, as defined by Section 50093 of the Health and
Safety Code.
AFFH/RHNA N/A N/A
199 65584.0(f)(4) Above moderate incomes are those exceeding the moderate-income
level of Section 50093 of the Health and Safety Code.
AFFH/RHNA N/A N/A
200 65584.0(g) Notwithstanding any other provision of law, determinations made by
the department, a council of governments, or a city or county pursuant
to this section or Section 65584.01, 65584.02, 65584.03, 65584.04,
65584.05, 65584.06, 65584.07, or 65584.08 are exempt from the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
AFFH/RHNA N/A N/A
201 65584.09(a) For housing elements due pursuant to Section 65588 on or after
January 1, 2006, if a city or county in the prior planning period failed to
identify or make available adequate sites to accommodate that
portion of the regional housing need allocated pursuant to Section
65584, then the city or county shall, within the first year of the
planning period of the new housing element, zone or rezone adequate
sites to accommodate the unaccommodated portion of the regional
housing need allocation from the prior planning period.
Rezoning/ RHNA N/A N/A
202 65584.09(b) The requirements under subdivision (a) shall be in addition to any
zoning or rezoning required to accommodate the jurisdiction’s share of
the regional housing need pursuant to Section 65584 for the new
planning period.
Rezoning/ RHNA N/A N/A
Town of Los Gatos Page 28
November 28, 2023
Government Code Section (Reference) General HE Topic Location in Draft Revised Housing Element,
November 2023 Track Change Version In Compliance?
203 65584.09(c) Nothing in this section shall be construed to diminish the requirement
of a city or county to accommodate its share of the regional housing
need for each income level during the planning period set forth in
Section 65588, including the obligations to (1) implement programs
included pursuant to Section 65583 to achieve the goals and
objectives, including programs to zone or rezone land, and (2) timely
adopt a housing element with an inventory described in paragraph (3)
of subdivision (a) of Section 65583 and a program to make sites
available pursuant to paragraph (1) of subdivision (c) of Section 65583,
which can accommodate the jurisdiction’s share of the regional
housing need.
Rezoning/ RHNA Chapter 10, Appendix D, Sites Inventory
Analysis, and Appendix I, Sites Inventory Form.
Yes