15 Attachment 3 - Response Memorandum to the HCD Draft Preliminary Review MatrixTown of Los Gatos Response to HCD Comment Letter: Page 1 November 16, 2023
Draft Preliminary Review Matrix on the Draft Revised
Housing Element, as submitted to HCD on October 2, 2023
Received November 7, 2023, with Staff Responses as of November 16, 2023
Prior HCD Finding Page
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Preliminary
Review HCD Notes Staff Response
Affirmatively Furthering Fair Housing
Regional Level Patterns and Trends: The element
includes some data and analysis regarding different
patterns for various socio-economic characteristics
(race and income). However, a complete analysis
should analyze this data for patterns and trends at
the regional level, comparing the locality to the
broader region, including integration and
segregation (race, income, disability, and familial
status), disparities in access to opportunity
(education, environmental, transportation,
economic), and disproportionate housing needs
(cost burdened, overcrowded, substandard housing
conditions, homelessness, and displacement risks).
Please see HCD's January 12, 2023 review for
additional information.
HCD Prior Review: While the element includes
several maps and tables and reports data, it
generally must evaluate the data and especially at a
regional level, comparing the Town to the broader
region. This is particularly important since the Town
appears far different from the rest of the region. The
analysis should address all components of the
assessment of fair housing (e.g., segregation and
integration, disparities in access to opportunity) and
should focus on race, income, and overall access to
opportunity). The analysis should address trends and
A35 Y~ Should be some discussion of
trends whether it’s at an
aggregate level with maps and
data tables.
Additional maps and data of the population by
protected class at a local and regional level
comparison was provided starting on page A-35
through page A-62 of the Draft Revised Housing
Element (September 2023) track change version.
Additional maps and data related to disparities
in access to opportunity at a local and regional
level comparison was provided starting on page
A-68 through A-100 of the Draft Revised Housing
Element (September 2023) track change version.
Additional data and maps related to
disproportionate housing needs at a local and
regional level comparison was provided starting
on page A-101 through A-159 of the Draft
Revised Housing Element (September 2023)
track change version.
Additional analysis in yellow highlight was
provided on pages A-35 through A-36, A-43
through A-44, A-47, A-60, A-64, A-74 through A-
75, and A-91 of the Draft Revised Housing
Element (November 2023) track change version.
ATTACHMENT 3
Town of Los Gatos Response to HCD Comment Letter: Page 2 November 16, 2023
Prior HCD Finding Page
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Preliminary
Review HCD Notes Staff Response
incorporate local data and knowledge and other
relevant factors (See below).
Income and Racial Concentration of Affluence
(RCAA): The element states that a RCAA does not
exist; however, the Town is predominantly a high
resource category according to TCAC/HCD
Opportunity Maps and is predominantly higher
income. These patterns differ from the surrounding
region and the element should include specific
analysis of the Town compared to the region and
should formulate policies and programs to promote
an inclusive community. For example, the Town
should consider additional actions (not limited to
the Regional Housing Needs Allocation (RHNA)) to
promote housing mobility and improve new housing
opportunities throughout the Town.
A63
A150
No The element now includes
actions to promote an
inclusive community;
however, the element must
provide specific analysis of
income and RCAA at a regional
level (town compared to the
broader region). The analysis
should at least address trends,
conditions, coincidence with
other fair housing factors
(e.g., race, highest resource,
overpayment), effectiveness
or absence of past strategies
(e.g., lack of publicly assisted
housing and lack of
multifamily zoning), local data
and knowledge and other
relevant factors. Please see
Los Altos Hills as examples.
Additional analysis, data, and maps describing
that all census tracts in the Town are considered
to be Racially Concentrated Areas of Affluence
(RCAA) was provided on page A-65 through A-67
and page A-151 through A-152 of the Draft
Revised Housing Element (September 2023)
track change version.
Additional analysis in yellow highlight was
provided on page A-69 of the Draft Revised
Housing Element (November 2023) track change
version.
Disparities in Access to Opportunity: While the
element was revised to include the distances
between public schools for each site to a public
transit line, it must also evaluate and compare
concentrations of protected groups with access to
transportation options. In addition, it must also
analyze any disproportionate transportation needs
for members of protected classes.
A76
A89
Yes
Identified Sites and Affirmatively Furthering Fair
Housing (AFFH): While the element was revised with
brief conclusions that identified sites do not
exacerbate fair housing conditions, it must also
A144
- 163
Yes
Town of Los Gatos Response to HCD Comment Letter: Page 3 November 16, 2023
Prior HCD Finding Page
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Preliminary
Review HCD Notes Staff Response
quantify the number of units by income group and
location then evaluate the impact on socio-
economic concentrations. Please see HCD's January
12, 2023 review for additional information.
HCD Prior: The element must include data on the
location of regional housing need allocation (RHNA)
sites by income group relative to all fair housing
components. The analysis should address the number
of units by income group and location, any isolation
of the RHNA by income group, magnitude of the
impact on existing concentrations of socio- economic
characteristics and discuss how the sites improve fair
housing conditions. The analysis should be supported
by local data and knowledge and other relevant
factors and programs should be added or modified as
appropriate to promote inclusive and equitable
communities.
Local Data, Knowledge and Other Relevant Factors:
The element included some information about
regional history, referenced stakeholder comments
and discussed the location of assisted projects and
housing choice vouchers. However, the element
needs to provide information and analysis that
relates, supports, or supplements the existing
analysis, fair housing conclusions, or contributing
factors. The element must consider other relevant
factors that have contributed to certain fair housing
conditions. This analysis must consider information
that is unique to the Town or region; such as
governmental and nongovernmental actions;
historical land use and zoning practices (e.g., past
redlining/Greenlining, restrictive covenants,
planning documents, etc.); disparities in investment
A4
A14
No~ The city can utilize staff
knowledge and reach out to
service providers for local
data.
Local knowledge and history were added on
page A-14 through A-15 of the Draft Revised
Housing Element (September 2023) track change
version.
Additional information in yellow highlight was
provided on page A-19 of the Draft Revised
Housing Element (November 2023) track change
version.
Town of Los Gatos Response to HCD Comment Letter: Page 4 November 16, 2023
Prior HCD Finding Page
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Preliminary
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to specific communities including transportation
investments; seeking investment or lack thereof to
promote affordability and inclusion; local initiatives,
or other information that may have impeded
housing choices and mobility.
Contributing Factors to Fair Housing Issues: The
element identifies contributing factors to fair
housing issues. However, these issues and goals do
not appear adequate to facilitate the formulation of
meaningful actions to AFFH. The element should re-
assess contributing factors upon completion of
analysis and make revisions as appropriate. In
addition, the element must prioritize these factors
to better formulate policies and programs and carry
out meaningful actions to AFFH.
A16 TBD Dependent upon complete
analysis.
Analysis of the Town’s contributing factors with
a priority rating were added on page A-16
through A-19 of the Draft Revised Housing
Element (September 2023) track change version.
Additional analysis in yellow highlight was
provided on pages A-17 through A-19 of the
Draft Revised Housing Element (November 2023)
track change version.
Housing Needs Assessment
Housing Conditions: The element discusses code
enforcement violations; however, it must also
provide a Town-wide estimate of the number of
units in need of rehabilitation and replacement.
B25 Yes
Special Housing Needs: The element was not revised
to address this finding. Please see HCD's January 12,
2023 review for additional information.
HCD Prior Review: While the element quantifies
some of the Town’s special needs populations, it
must also estimate the number of persons
experiencing homelessness in the Town. In addition,
the element reports data but must also analyze the
special housing needs. For a complete analysis of
each population group, the element should quantify
the needs, evaluate trends and characteristics (e.g.,
tenure, income) of housing needs, discuss
B40+
C57
~ Commercial Industrial (LM)
will permit ES by right;
however, program should go
beyond reviewing town code
and make amendments as
necessary to align with all
state requirements.
Analysis of the Town’s compliance with
Assembly Bill 2339 for emergency shelters was
added on page C-57 of the Draft Revised
Housing Element (September 2023) track change
version.
Program AP of the Draft Revised Housing
Element (September 2023) includes
Implementation Program AP which outlines
amendments to the Town Code to better
facilitate the provision of a variety of housing
types, prioritize special needs housing by
allowing for reduced processing times and
Town of Los Gatos Response to HCD Comment Letter: Page 5 November 16, 2023
Prior HCD Finding Page
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Preliminary
Review HCD Notes Staff Response
disproportionate challenges faced by the
population, the existing resources to meet those
needs, assess any gaps in resources or effectiveness
of past strategies, describe the magnitude of the
remaining need and appropriate propose policies
and programs.
streamlined procedures, and include
preferential handling of special needs
populations in management plans and
regulatory agreements of funded projects.
Added language in yellow highlight was provided
on pages 10-64 and 10-65 for Implementation
Program AP of the Draft Revised Housing
Element (November 2023) track change version.
Sites Inventory, Analysis and Adequate Sites
Realistic Capacity: While the element now clarifies
that minimum densities are utilized toward the
calculation of realistic capacity; it must still address
HCD’s prior finding regarding the likelihood for 100
percent nonresidential development in zones
allowing 100 percent nonresidential uses. Please see
HCDs prior review for additional information.
HCD Prior Review: The element must include a
methodology for calculating the realistic residential
capacity of identified sites. The methodology must
be adjusted as necessary, based on the land use
controls and site improvements and typical densities
of existing or approved residential developments at
a similar affordability level in that jurisdiction. For
example, the element could clearly list other recent
projects, the zone, acreage, built density, allowable
density, level of affordability and presence of
exceptions such as a density bonus.
D2-
D5
D13
No Program BH must clarify by
right definition for reuse sites.
Program AS of the Draft Revised Housing
Element (September 2023) identifies the reuse
sites included in the 6th cycle Housing Element.
Clarifying language in yellow highlight was
provided on pages 10-68 and 10-69 for
Implementation Program AS of the Draft Revised
Housing Element (November 2023) track change
version.
Nonvacant Sites: The element was not revised to
address this finding. Please see HCD's January 12,
2023 review for additional information.
D5 Yes~ Utilizes factors: ILV, FAR, Age
(40 years), # of stories.
A nonvacant capacity analysis was provided on
page D-5 through D-13 of the Draft Revised
Housing Element (September 2023) track change
version. The characteristics of existing uses
Town of Los Gatos Response to HCD Comment Letter: Page 6 November 16, 2023
Prior HCD Finding Page
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Preliminary
Review HCD Notes Staff Response
In addition, specific analysis and actions are
necessary if the housing element relies upon
nonvacant sites to accommodate more than 50
percent of the RHNA for lower-income households.
For your information, the housing element must
demonstrate existing uses are not an impediment to
additional residential development and will likely
discontinue in the planning period. (Gov. Code, §
65583.2, subd. (g)(2).) Absent findings (e.g.,
adoption resolution) based on substantial evidence,
the existing uses will be presumed to impede
additional residential development and will not be
utilized toward demonstrating adequate sites to
accommodate the RHNA.
HCD Prior Review: The element must include an
analysis demonstrating the potential for additional
development on nonvacant sites. The element
generally provides a description of the properties
like location and whether the property owner
submitted an interest form but does not describe
the results of the form or why the property might
redevelop in the planning period. To address this
requirement, the element should address the extent
to which existing uses may constitute an
impediment to additional residential development,
the Town’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
(age, floor area ratio, improvement-to-land
value, single vs. multi-story), and whether such
characteristics are conducive to future
redevelopment were all included in the analysis.
Clarifying language in yellow highlight was
provided on page D-5 of the Draft Revised
Housing Element (November 2023) track change
version related to the nonvacant capacity
analysis.
Town of Los Gatos Response to HCD Comment Letter: Page 7 November 16, 2023
Prior HCD Finding Page
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Preliminary
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standards to encourage additional residential
development on these sites.
Small Sites: The element was not revised to address
this finding. Please see HCD's January 12, 2023
review for additional information.
HCD Prior Review: The element identifies several
sites smaller than a half-acre. Sites smaller than a
half-acre in size are deemed inadequate to
accommodate housing for lower-income housing
unless it is demonstrated that sites of equivalent
size and affordability were successfully developed
during the prior planning period or other evidence
demonstrates the suitability of the sites to
accommodate housing for lower-income
households, including programs as appropriate.
?
Elec.
SI
No No revisions made? The income distribution for sites D-3, D-4, and D-
7 were modified as part of Appendix H to place
all housing units in the above moderate-income
category since each parcel is less than half an
acre and deemed inadequate to accommodate
housing for lower-income housing.
Sites B-1, C-2, D-1, and D-5 are each composed
of multiple parcels. The parcels that are less
than half an acre in size within each site are
identified below in underlined text; however,
since they are owned by the same property
owner, they have been consolidated in the Sites
Inventory based on anticipated future
development as one, merged site.
Site B-1: APN’s 52924032, 52924001, and
52924003;
Site C-2: APN’s 42419049, 42419048, and
42419069;
Site D-1: APN’s 42407094, 42407095,
42407053, 42407009, 42407081, 42407115,
and 42407116;
Site D-2: 42406115 and 42406116; and
Site D-5: APN’s 42407054 and 42407063.
Additional language in yellow highlight was
provided on page D-13 of the Draft Revised
Housing Element (November 2023) track change
version to clarify that the aforementioned sites
are small parcels, not small sites.
SB 9 Sites: The element is projecting 96 units that
will be developed based on the passage of SB 9
(Statutes of 2021) to accommodate a portion of its
C50
No Element was revised to
include factors utilized such as
age, ILV, and lot coverage;
A Senate Bill 9 analysis, including identifying the
number of parcels in Town that qualify for a lot
split was provided on page D-66 of the Draft
Town of Los Gatos Response to HCD Comment Letter: Page 8 November 16, 2023
Prior HCD Finding Page
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Preliminary
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above moderate-income RHNA. To utilize
projections based on SB 9 legislation, the element
must; 1) include a site-specific inventory of sites
where SB 9 projections are being applied; 2) include
a nonvacant sites analysis demonstrating the
likelihood of redevelopment and that the existing
use will not constitute as an impediment for
additional residential use. The element should list
the four two-unit housing development applications
and the seven urban lot splits, and the two
development requests on single-family residential
zoned parcels; and Program BL should be revised to
implement significant incentives to encourage and
facilitate development. Please see HCD's January 12,
2023 review for additional information.
HCD Prior Review: The element identifies SB 9 as a
strategy to accommodate the part of the Town’s
RHNA. To support these assumptions, the analysis
must include experience, trends and market
conditions that allow lot splits. The analysis must
also include a nonvacant sites analysis
demonstrating the affordability, likelihood of
redevelopment and the existing use will not
constitute as an impediment for additional
residential use. The analysis should describe how
the Town determined eligible properties, whether
the assumed lots will have turnover, if the
properties are easy to subdivide, and the condition
of the existing structures or other relevant factors
indicating additional development potential. The
analysis should also describe interest from property
owners as well as experience. The analysis should
provide support for the assumption of eligible
properties being developed within the planning
D66 however, should relate to site
inventory specific for Sb 9
projects, including all four two
unit housing development
applications, and seven urban
lot requests. In addition, the
element must discuss trends
and likelihood of
redevelopment. For example,
the town can identify on a site
specific analysis owner
interest, existing use, and
other conditions of the
existing infrastructure or
relevant factors indicating
additional development.
Please see HCDs prior review.
See the town of Ross as
example.
Revised Housing Element (September 2023)
track change version.
The inclusion of Senate Bill 9 units in the
Housing Element towards meeting the Town’s
RHNA was removed from Table 10-3 on page 10-
33, Table D-2 on page D-2, and page D-70 of the
Draft Revised Housing Element (November
2023) track change version.
Town of Los Gatos Response to HCD Comment Letter: Page 9 November 16, 2023
Prior HCD Finding Page
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Preliminary
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period. Based on the outcomes of this analysis, the
element should add or modify programs to establish
zoning and development standards early in the
planning period and implement incentives to
encourage and facilitate development as well as
monitor development every two years with and
identify additional sites within six months if
assumptions are not being met. The element should
support this analysis with local information such as
local developer or owner interest to utilize zoning
and incentives established through SB 9.
Zoning for a Variety of Housing Types
(Manufactured Housing): The element was not
revised to address this finding. Please see HCD's
January 12, 2023 review for additional information.
HCD Prior Review: The element must demonstrate
zoning permits manufactured housing on a
permanent foundation in the same manner and in
the same zone as a conventional or stick-built
structures are permitted (Government Code Section
65852.3) or add or modify programs as appropriate.
C15
No
Include program to comply
with gov code 65852.3.
Narrative describing that manufactured housing
is permitted by-right on all residentially zoned
parcels was included on page C-14 of the Draft
Revised Housing Element (September 2023)
track change version.
Additional text in yellow highlight was provided
in Implementation Program AQ on page 10-67 of
the Draft Revised Housing Element (November
2023) track change version to clarify that the
Town will comply with Section 65852.3 of the
Government Code to allow the installation of
manufactured homes.
Governmental Constraints
Land Use Controls: The element now lists
development standards by zoning district. However,
it must also list and evaluate development standards
for the North Forty Specific Plan, Mixed-Use
Commercial, and the High-Density Residential zones.
Please see HCD's January 12, 2023 review for
additional information
C3
C6
D2
~ Medium and High Density
Residential would be based on
the underlying zone in the
2020 GP?
An evaluation of the North Forty Specific Plan
residential development standards was provided
on page C-6 of the Draft Revised Housing
Element (September 2023) track change version.
Development standards for residential and
commercial development were provided in
Table C-1 on page C-5 of the Draft Revised
Housing Element (September 2023) track change
version.
Town of Los Gatos Response to HCD Comment Letter: Page 10 November 16, 2023
Prior HCD Finding Page
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Preliminary
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HCD Prior Review: The element must identify and
analyze all relevant land use controls impacts as
potential constraints on a variety of housing types.
For example, the element should analyze all
development standards by zoning district for
impacts on housing costs and ability to achieve
maximum densities. The element should also discuss
any local initiatives, referendums, moratoriums or
other mechanisms (existing or proposed) that
impact housing supply, cost, feasibility, timing and
ability to achieve maximum densities. In addition,
the analysis should specifically address the
development standards in the North Forty Specific
Plan, Mixed Use Commercial, and the High-Density
Residential zone. The analysis must evaluate the
cumulative impacts of land use controls on the cost
and supply of housing, including the ability to
achieve maximum densities. The Town could engage
the development community to assist with this
analysis.
The development standards for the CH zone
(applicable General Plan land use category of
Mixed Use Commercial) and R-M zone
(applicable General Plan land use category of
High Density Residential) were provided in
yellow highlight on pages C-7 and C-8 of the
Draft Revised Housing Element (November
2023) track change version.
Fees and Exaction: The element now compares total
fees as a proportion of the total development costs
but still must list the fees that comprise that total
and particularly impact fees then evaluate those
total fees for impacts on development costs.
C19
C36
No Revise to include MU unit
project Table C-4, but should
also list fees for MF projects.
A table summarizing the development and
permit fees required for a single-family and
mixed-use development were provided in Table
C-4 on page C-20 of the Draft Revised Housing
Element (September 2023) track change version.
Table C-4 on page C-23 of the Draft Revised
Housing Element (November 2023) track change
version was revised to include the permitting
fees for a multi-family project in yellow
highlight.
Local Processing and Permit Procedures: While the
element provides additional information on the
processing of a typical market rate single or multi-
family housing application, it mentions approval is
C37
Yes~ All CUP approval findings
should be based on objective
The findings for a housing project which requires
a Conditional Use Permit (CUP) was provided on
Town of Los Gatos Response to HCD Comment Letter: Page 11 November 16, 2023
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Preliminary
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required by the Development Review Committee
(DRC) (p. C-29). The element must describe and
analyze the DRC process, identify and evaluate
approval findings for impacts on housing cost and
approval certainty.
C44 design standards to promote
certainty.
page C-48 of the Draft Revised Housing Element
(September 2023) track change version.
Implementation Program AP on page 10-67 of
the Draft Revised Housing Element (November
2023) track change version includes in yellow
highlight clarifying text to amend the
Conditional Use Permit findings for a multi-
family and mixed-use project to make them
objective and provide certainty in outcomes.
Housing for Persons with Disabilities: The prior
review found the Town’s reasonable
accommodation procedure contains constraints. For
example, subjective language in approval findings
such as “no impact on surrounding uses” can lead to
uncertainty of project approval through a
discretionary process. In response, the Town
commits Program BC to revise subjective language
criteria to “minimal impact on surround uses” (p. C-
38). However, reasonable accommodation is a
unique exception process that should not contain
findings similar to a conditional use permit. Program
BC should be revised to specifically remove the
surrounding uses finding.
10-
53
C47
No Program V.
See suggested language in
blue below.
Implementation Program V on page 10-53 of the
Draft Revised Housing Element (September
2023) track change version includes language to
review the Reasonable Accommodation
procedure on an annual basis.
Suggested language for Implementation
Program V was added in yellow highlight on
page 10-53 of the Draft Revised Housing
Element (November 2023) track change version.
Inclusionary Zoning Ordinance: While the element
now discusses alternatives for meeting the Town’s
inclusionary requirements, it should still describe
incentives, including relationships with state density
bonus law and how the level of affordability is
determined.
C53 Yes
Housing Programs: Beneficial Impact
Programs must demonstrate that they will have a
beneficial impact within the planning period.
Beneficial impact means specific commitment to
10-
45
No Metrics should not be limited
to RHNA.
Implementation Program K on page 10-45 of the
Draft Revised Housing Element (September
2023) track change version describes outreach
Town of Los Gatos Response to HCD Comment Letter: Page 12 November 16, 2023
Prior HCD Finding Page
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Preliminary
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deliverables, measurable metrics or objectives,
definitive deadlines, dates, or benchmarks for
implementation. Deliverables should occur early in
the planning period to ensure actual housing
outcomes. The following programs still must be
revised to include specific commitments and
definitive timelines as follows:
Program M (Lot Consolidation): While the program
was revised to facilitate four units through the lot
consolidation process, it should increase the
numerical objective in stride with the need. Specially
as the Town is relying on several small sites to
accommodate a portion of lower income RHNA.
by the Town to property owners to facilitate lot
consolidation, including an amendment to the
Town Code for development incentives to
encourage the parcel merger process in a
streamlined and timely manner.
Metrics to Implementation Programs were
modified in yellow highlight on pages 10-42
through 10-43, 10-45 through 10-48, 10-50
through 10-53, 10-55, 10-59, and 10-61 of the
Draft Revised Housing Element (November
2023) track change version.
Program S (Affordable Housing Development): The
program should increase the numerical objective to
target meaningful outcomes during the planning
period.
10-
48
No Program O must be revised to
include a timeline when
development impact fees will
be reduced.
Implementation Program O on page 10-48 of the
Draft Revised Housing Element (September
2023) track change version describes incentives
for affordable housing development.
The timeline of Implementation Program O was
modified in yellow highlight on page 10-48 of
the Draft Revised Housing Element (November
2023) track change version.
Program T (Purchase Affordability Covenants in
Existing Apartments): The element should revise the
timeline earlier in the planning period to target a
beneficial impact (e.g., by 2026).
10-
49
Yes Program P. Implementation Program T on page 10-49 of the
Draft Revised Housing Element (September
2023) track change version describes a program
for the Town to purchase affordability
covenants.
The timeline of Implementation Program P was
modified in yellow highlight on page 10-49 of
the Draft Revised Housing Element (November
2023) track change version.
Town of Los Gatos Response to HCD Comment Letter: Page 13 November 16, 2023
Prior HCD Finding Page
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Preliminary
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Program BM (Story Poles and Netting Policy): The
program now commits to review the story pole and
netting policy and explore options to reduce costs
affordable housing. However, the program still must
commit to an actual outcome, beyond exploring
options. In addition, the program should also
establish alternatives or modifications that promote
approval certainty. For example, the program could
remove the requirements or create alternative for
meeting the requirement such as visual renderings.
10-
69
C36
No Program AW must be revised
to include specific
commitment to amend story
poles and netting policy. In
addition, the City should
consider public comments
submitted by developer.
Implementation Program AW on page 10-69 of
the Draft Revised Housing Element (September
2023) track change version describes that the
Story Pole and Netting Policy will be reviewed to
reduce the associated costs of installing story
poles.
Implementation Program AW on page 10-72 and
page C-38 of the Draft Revised Housing Element
(November 2023) track change version was
modified in yellow highlight to include relevant
information regarding the status of this progress
by the Planning Commission and Town Council.
Housing Programs: Sites
As noted in Finding A3, the element does not include
a complete site analysis; therefore, the adequacy of
sites and zoning were not established. Based on the
results of a complete sites inventory and analysis,
the Town may need to add or revise programs to
address a shortfall of sites or zoning available to
encourage a variety of housing types.
As noted in the prior review, if necessary to make
appropriate zoning available to accommodate the
lower-income RHNA, Program D (Additional Housing
Capacity) must be revised to meet all requirements
pursuant to Government Code section 65583.2,
subdivisions (h) and (i). For example, the Program
must commit to permit owner-occupied and rental
multifamily uses by-right (without discretionary
action) for developments in which 20 percent or
more of the units are affordable to lower-income
households.
10-
42
No Program D+.
Program AR must comply with
prior identified sites pursuant
to gov code 65583.2 c) to
make prior identified sites
available, if necessary.
Program AS of the Draft Revised Housing
Element (September 2023) identifies the reuse
sites included in the 6th cycle Housing Element.
Implementation Program AS on pages 10-68 and
10-69 of the Draft Revised Housing Element
(November 2023) track change version was
modified in yellow highlight to include the
definition of by right development, consistent
with Program D.
Town of Los Gatos Response to HCD Comment Letter: Page 14 November 16, 2023
Prior HCD Finding Page
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Preliminary
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Housing Program: Constraints
As noted in Finding A4, the element requires a
complete analysis of potential governmental
constraints. Depending upon the results of that
analysis, the Town may need to revise or add
programs and address and remove or mitigate any
identified constraints.
TBD Depends on a complete
analysis.
Governmental constraints are identified and
analyzed in Appendix C, starting on page C-1 and
additional information regarding permitting fees
was added in yellow highlight to Table C-4 on
page C-23 of the Draft Revised Housing Element
(November 2023).
Housing Program: AFFH
As noted in Finding A1, the element requires a
complete AFFH analysis. Depending upon the results
of that analysis, the Town may need to revise or add
programs. Actions listed to address AFFH analysis
must have specific commitments, milestones,
geographic targeting and metrics or numerical
targets and, as appropriate; address housing
mobility enhancement; new housing choices and
affordability in higher opportunity or higher income
areas; place-based strategies for community
revitalization and displacement protection. For
example, the element must add significant and
meaningful housing mobility actions to overcome
the existing patterns in the Town related to the
broader region. Given, among other things, the
Town is entirely in the highest category of disparities
in access to opportunity and largely does not reflect
the socio-economic characteristics of the broader
region. The element must include significant actions
to promote housing mobility within the Town and
relate to the region to promote an overall inclusive
community. The element could consider improving
existing programs or including new programs.
No Following a complete analysis,
the town must revise to
include robust suit of actions
that provide stronger housing
mobility programs beyond
RHNA.
An Affirmatively Furthering Fair Housing (AFFH)
report and analysis of the Town and at a
regional level is provided in Appendix A, starting
on page A-1 of the Draft Revised Housing
Element (September 2023).
An action matrix with the Town’s goals and
actions to affirmatively further fair housing was
added in yellow highlight on page 10-73 of the
Draft Revised Housing Element (November
2023).
Town of Los Gatos Response to HCD Comment Letter: Page 15 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
Housing Program: ADU
Program U Accessory Dwelling Units (ADU): While
the program now commits to annually monitor the
production and affordability of ADUs and make
adjustments. It should clarify the types of
adjustments that will be considered such as
rezoning, additional incentives, fee reductions,
financing programs.
10-
50
No Program Q. The city must
include a definitive timeline of
when alternative actions will
be taken. See suggested
language in blue.
Implementation Program Q on page 10-49 of the
Draft Revised Housing Element (September
2023) track change version describes multiple
Town efforts to encourage the creation of
Accessory Dwelling Units (ADU).
Suggested language for Implementation
Program Q was added in yellow highlight on
page 10-50 of the Draft Revised Housing
Element (November 2023).
Other Revisions
Quantified Objectives: The element now includes
quantified objectives for new construction and
rehabilitation by income group but should also
include conservation objectives. Please note,
conservation objectives are not limited to at-risk
preservation and may include a variety of activities
that promote safe and stable housing such as code
enforcement and tenant protections. Examples of
programs that may be utilized include Programs T
(Purchase Affordability Covenants in Existing
Apartments), AE (Rental Dispute Resolution), AF
(Rental Assistance), AH (Stabilize Rents) and AQ
(Rental Housing Conservation).
10-
34
Yes Revised objectives.
Public Participation: While the element was revised
to include the renters survey results and previous
outreach conducted, it must also summarize all
public comments and describe how they were
considered and incorporated into the element.
HCD’s future review will consider the extent to
which the revised element documents how the
Town solicited, considered, and addressed public
10-
10
App I
and
App
G
~/No How were comments
submitted by Erick Phillips
7/31/23 addressed?
Appendix I was added to the Draft Revised
Housing Element (September 2023) including all
verbal and written public comments that have
been provided to the Town.
Appendix I of the Draft Revised Housing Element
(November 2023) was modified in yellow
Town of Los Gatos Response to HCD Comment Letter: Page 16 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
comments in the element. The Towns consideration
of public comments must not be limited by HCD’s
findings in this review letter. Please see HCD’s prior
review for additional information.
highlight to include a response to the public
comment submitted by Eric Phillips.
General Plan: While the element identifies Program
BG (General Plan Amendment) to ensure
consistency with the General Plan, it should discuss
how consistency will be maintained throughout the
entire planning period.
10-
67
Yes Program AQ.
Other (HCD use only)
Public comments App
A
? 5 public comments submitted:
Anne Paulson, Phil Koen (2),
Maryknol, Eric Phillips.
Appendix I was added to the Draft Revised
Housing Element (September 2023) including all
verbal and written public comments that have
been provided to the Town.
Appendix I of the Draft Revised Housing Element
(November 2023) was modified in yellow
highlight to respond to the referenced public
comments.
Pipeline Projects D 68 ? Table D-7 pipeline projects
included in previous years
APRs? Need confirmation of
DOF.
On page D-68 of the Draft Revised Housing
Element (September 2023) track change version,
table D-7 was added to include housing units
that were entitled, permitted, under
construction, and finaled from June 30, 2022, to
January 31, 2023.
The number of units that were entitled,
permitted, under construction, and finaled from
June 30, 2022, to January 31, 2023, as listed in
Table 10-3 on page 10-33, Table D-2 on page D-
2, and Table D-7 on page D-72 of the Draft
Revised Housing Element (November 2023)
were modified in yellow highlight to remove
Town of Los Gatos Response to HCD Comment Letter: Page 17 November 16, 2023
Prior HCD Finding Page
#
Preliminary
Review HCD Notes Staff Response
units that were reported to the California
Department of Finance.
Document availability Yes
Rezone timing FYI
Resolution Received? NA
50% nonvacant resolution FYI
Electronic sites inventory FYI
AB 2339 C57
Overlay No HE Overlay Program AQ. The rezonings and creation of the Housing
Element Overlay Zone (HEOZ) have been
recommended by Planning Commission and
introduced by Town Council.
Modification Authority NA
Suggested Program Language (in Blue)
Program Q: Annually monitor number of ADU’s/ JADUs produced, and affordability levels and make adjustments to accommodate a potential shortfall if
determined necessary (i.e. adopt additional incentives or other strategies such as rezoning)
Timing: Timeframe: Annually monitor the production and affordability and if necessary, make potential adjustments within six months.
Program V: Reasonable Accommodation procedure. Review and revise the Reasonable Accommodation procedure to promote access to housing for persons
with disabilities, address potential constraints including subjective approval findings such as “impact on surrounding uses.”
Timing: Review and Revise RA by December 2024. Annually review and, if necessary, revise the reasonable accommodations procedures.
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