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11 Desk Item.Item #11 - Housing Element PREPARED BY: Erin Walters, Associate Planner and Jocelyn Shoopman, Associate Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and the Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 2/20/2024 ITEM NO: 11 DESK ITEM DATE: February 20, 2024 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Discuss and Provide Direction on the Proposed Revisions to the Draft Revised 2023-2031 Housing Element and Next Steps. Location: Town-Wide. General Plan Amendment Application GP-22-003. REMARKS: Attachment 16 includes all correspondence with the State Department of Housing and Community Development (HCD) since the February 6, 2024, Town Council meeting. On February 20, 2024, the Town’s HCD reviewer provided staff and the Housing Element Consultant with a second informal preliminary review matrix based on revisions made to the Draft Revised Housing Element and informally provided to the Town’s HCD reviewer on February 1, 2024, and February 9, 2024. The second informal preliminary review matrix is included in Attachment 17. Attachment 18 contains public comment received between 11:01 a.m., Thursday, February 15, 2024, and 11:00 a.m., Tuesday, February 20, 2024. ATTACHMENTS: Previously Received with the January 16, 2024 Staff Report: 1. Draft Revised Housing Element, Track Changes Copy 2. Draft Response Table 3. December 1, 2023 HCD’s Findings Comment Letter 4. Public Comments Received Between 11:01 a.m., Tuesday, December 19, 2023, and 11:00 a.m., Thursday, January 11, 2024 Previously Received with the January 16, 2024 Desk Item: 5. Comments from the Vice Mayor PAGE 2 OF 2 SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 20, 2024 ATTACHMENTS (continued): 6. Public Comments Received Between 11:01 a.m., Thursday, January 11, 2024, and 11:00 a.m., Tuesday, January 16, 2024 Previously Received with the February 6, 2024 Staff Report: 7. Draft Revised Housing Element, Track Changes – January 2024 8. Draft Response Table – January 2024 9. HCD Informal Preliminary Review Matrix with Staff’s Responses 10. Goldfarb & Lipman, LLP Feedback Table with Staff’s Responses 11. Track Changes and Clean Version of Program AY Housing Mobility 12. Public Comments Received Between 11:01 a.m., Tuesday, January 16, 2024, and 11:00 a.m., Thursday, February 1, 2024 Previously Received with the February 5, 2024 Addendum: 13. Pages from the Draft Revised Housing Element Without the Recommendations Made by the Housing Element Advisory Board 14. Correspondence with HCD Previously Received with the February 20, 2024 Staff Report: 15. Extracted Pages from the Draft Revised Housing Element with Revisions Attachment Received with this Desk Item: 16. Correspondence with HCD 17. HCD Second Informal Preliminary Review Matrix 18. Public Comment Received Between 11:01 a.m., Thursday, February 15, 2024, and 11:00 a.m., Tuesday, February 20, 2024 From: Veronica Tam <> Sent: Tuesday, February 20, 2024 9:00 AM To: Jauregui, Jose @HCD <Jose.Jauregui@hcd.ca.gov>; McDougall, Paul@HCD <Paul.McDougall@hcd.ca.gov> Cc: Jennifer Armer <JArmer@losgatosca.gov>; Erin Walters <EWalters@losgatosca.gov> Subject: RE: Los Gatos HE Revisions I mean before our mee�ng tonight, thanks! Veronica Tam, AICP Principal Veronica Tam and Associates, Inc. From: Veronica Tam Sent: Tuesday, February 20, 2024 8:59 AM To: Jauregui, Jose @HCD <Jose.Jauregui@hcd.ca.gov>; McDougall, Paul@HCD <Paul.McDougall@hcd.ca.gov> Cc: Jennifer Armer <JArmer@losgatosca.gov>; Erin Walters <EWalters@losgatosca.gov> Subject: Los Gatos HE Revisions Hi Jose and Paul – Any chance we can get some feedback on the revisions? Veronica Veronica Tam, AICP Principal Veronica Tam and Associates, Inc. ATTACHMENT 16 THIS PAGE HAS BEEN LEFT INTENTIALLY BLANK From: Veronica Tam <> Sent: Friday, February 16, 2024 10:16 AM To: Jauregui, Jose @HCD <Jose.Jauregui@hcd.ca.gov> Subject: Re: Los Gatos Yes!! Thanks. Sorry having a morning exercise class. Sent from my iPhone From: Jauregui, Jose @HCD <Jose.Jauregui@hcd.ca.gov> Sent: Friday, February 16, 2024 9:35 AM To: Veronica Tam <> Subject: RE: Los Gatos Just to confirm Green reflects latest revisions, Teal reflects revisions made in January and Yellow reflects revisions made in September? Warm regards, <image001.png> Jose A. Jauregui he / him Housing Policy Analyst Housing Policy Development Housing & Community Development 2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Cell: (916) 820-1516 From: Veronica Tam <> Sent: Friday, February 16, 2024 10:16 AM To: Jauregui, Jose @HCD <Jose.Jauregui@hcd.ca.gov> Subject: Re: Los Gatos It’s the green highlight. Sent from my iPhone From: Jauregui, Jose @HCD Sent: Friday, February 16, 2024 8:31 AM To: Veronica Tam <> Subject: RE: Los Gatos Good morning Veronica, Can you please let me know which highlighted track changes reflect the most recent revisions made to the element? There are too many colors that I just want to be sure as to what we are reviewing. Warm regards, <image001.png> Jose A. Jauregui he / him Housing Policy Analyst Housing Policy Development Housing & Community Development 2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Cell: (916) 820-1516 THIS PAGE HAS BEEN LEFT INTENTIALLY BLANK From: Veronica Tam <> Sent: Wednesday, February 14, 2024 2:30 PM To: Jauregui, Jose @HCD <Jose.Jauregui@hcd.ca.gov> Cc: McDougall, Paul@HCD <Paul.McDougall@hcd.ca.gov> Subject: RE: Los Gatos Yes, I sent the revised pages in a couple of emails. The town council does not want us to officially resubmit un�l you have okayed it. Veronica Tam, AICP Principal Veronica Tam and Associates, Inc. From: Jauregui, Jose @HCD <Jose.Jauregui@hcd.ca.gov> Sent: Wednesday, February 14, 2024 2:29 PM To: Veronica Tam <> Cc: McDougall, Paul@HCD <Paul.McDougall@hcd.ca.gov> Subject: RE: Los Gatos Can’t guarantee I can give this a look by Tuesday, but I’ll do my best! Did you just want us to review the revised program languages? I’m s�ll catching up on emails. Warm regards, <image001.png> Jose A. Jauregui he / him Housing Policy Analyst Housing Policy Development Housing & Community Development 2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Cell: (916) 820-1516 From: Veronica Tam <> Sent: Wednesday, February 14, 2024 2:10 PM To: Jauregui, Jose @HCD <Jose.Jauregui@hcd.ca.gov> Cc: McDougall, Paul@HCD <Paul.McDougall@hcd.ca.gov> Subject: Los Gatos Hi Jose – Los Gatos has a Town Council mee�ng on Tuesday. Do you think you can take a quick look at our revisions before that and give some feedback? Thanks, Veronica Veronica Tam, AICP Principal Veronica Tam and Associates, Inc. THIS PAGE HAS BEEN LEFT INTENTIALLY BLANK From: Veronica Tam <> Sent: Friday, February 9, 2024 1:54 PM To: McDougall, Paul@HCD <Paul.McDougall@hcd.ca.gov>; Jauregui, Jose @HCD <Jose.Jauregui@hcd.ca.gov> Cc: Erin Walters <EWalters@losgatosca.gov>; Jocelyn Shoopman <jshoopman@losgatosca.gov>; Jennifer Armer <JArmer@losgatosca.gov> Subject: Programs J and AY - Revisions based on Council direction Hi Paul and Jose – Town Council met on February 6th and is proposing alterna�ve language to Programs J and AY and are reques�ng HCD’s feedback. Atached are the edits to Program J and Program AY per the Town Council’s direc�on. Can we get your feedback by February 16? We need to report to Council. Thanks, Veronica Veronica Tam, AICP Principal Veronica Tam and Associates, Inc. HCD Revised Draft Revised 2023-2031 Housing Element 10-46 HCD Revised Draft Revised 2023-2031 Housing Element March SeptemberNovemberJanuary 20232024 Programs Performance Metric(s) Delivery of Housing Element IJ Helping Senior Housing s PrograResourcesm Provide financial assistance for health, safety, emergency and accessibility home repairs to low-income seniors and low- income mobile homeowners through the Below Market Price Program funds, subject to availability of Program funds. Provide regularly updated senior housing resource materials at the Adult Recreation Center, Library, and Farmers’ Market. Implementation Policies HE-1.6 Universal Design HE-2.7 Senior Housing HE-2.8 Equal Housing and Special Needs HE-6.1 Fair Housing HE-6.2 Financial Assistance HE-6.3 Housing for Persons with Special Needs HE-6.4 Affordable Housing Awareness Responsible Department/Review Authority Responsible Department/Review Authority Community Development Department and the Town Council Timeframe Ongoing and annual effort Update materials annually Funding Source Town Affordable Housing Funds Quantified Objective Maintain the existing housing stock by funding three home repairs to lower income seniors annually Performance Metric(s) Measure the number of units assisted versus the need JK Small Multi-Unit Housing, “Missing Middle” The Housing Element supports the land use goal of providing opportunities for housing that can accommodate the needs, preferences, and financial capabilities of current and future residents in terms of different housing types, tenures, density, sizes, and costs. Specifically, the Town aims to create mixed residential neighborhoods through new and innovative housing types that meet the changing needs of Los Gatos households and expand housing in a variety of neighborhoodsall neighborhoods. These housing types include, but are not limited to, single dwelling units, multifamily dwelling units, accessory dwelling units, small and micro units, use of pre-fabricated homes, and clustered housing/cottage housing. The Implementation Policies HE-1.5 Variety of Housing Choices HE-2.4 Rental Housing HE-3.3 Efficient Development Processing Responsible Department/Review Authority Community Development Department Timeframe December 2024 Funding Source None required Quantified Objective Increase the number of small multi-unit housinglow- rise multi-family developments by five50150 units from the previous yearover eight years with the goal of achieving 100% of the units in low to medium density designations and high median income areas. 10. Housing Element JanuaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element 10-47 Programs Town will also promote small multi-unit housing that increases density while remaining consistent with the building scale and character present in existing neighborhoods. This includes multi-family units or clustered residential buildings that provide relatively smaller, less expensive units within existing neighborhoods. Update the Zoning Code to facilitate low rise multi-family structures small multi-unit housing in the low to mMedium Residential Density designations. Modify the Zoning Code to facilitate small multi-unit housing in certain low and medium density designations. This includes creating mixed residential neighborhoods through new and innovative housing types that meet the changing needs of Los Gatos households and expand housing choices in a variety of neighborhoods. Housing types include, but are not limited to single dwelling units, multifamily dwelling units, accessory dwelling units, small and micro units, use of prefabricated homes, and clustered/cottage housing. This zoning will occur in a variety of areas throughout the Town but NOT in areas which are in Very High Fire Hazard Severity Zones, historic districts, adjacent to home in our historic inventory (currently pre-1941) homes, in hillside residential zones, within 500 feet of an evacuation route and within a half mile of a transit stop. Small multi-unit housing is defined as multiple units on a single parcel (whether attached or detached) that are compatible in scale and form with detached single- family homes. Common housing types include duplexes; triplexes; fourplexes; courtyard apartments; cottage courts; townhomes; triplex stacked (vertical); and live-work spaces. Promote this program through publication, to include the following information: Low rise multi-family dwelling units ranging from two to 10 units can help meet the needs of families, seniors and students. Permit processing times tend to be shorter than larger multi-family buildings Performance Metric(s) Complete Zoning Code amendment by December 2024 and track the number of entitled Planning applications received per year HCD Revised Draft Revised 2023-2031 Housing Element 10-48 HCD Revised Draft Revised 2023-2031 Housing Element March SeptemberNovemberJanuary 20232024 Programs due to the low-rise nature of the structures. Specifically, update the Zoning to allow for all housing types considered for the provision of Small Multi-Unit Housing types as part of Low Density High Density Residential designations. Research existing regulatory impediments to the creation of new housing types that have the potential to fulfill unmet housing needs (e.g., tiny homes, co-housing developments) and if necessary, amend applicable ordinances and development standards to facilitate and to allow for their development at the maximum density. Pursue establishment of a maximum average unit size as a tool to moderate unit sizes for developments over a certain size but to allow flexibility for a range of unit sizes. L Rental Housing for Large Families Encourage development of multi-family rental housing that is greater than two bedrooms to encourage the provision of adequate rental housing for families. Implementation Policies HE-1.5 Variety of Housing Choices HE-2.4 Rental Housing Responsible Department/Review Authority Community Development Department Timeframe Ongoing and annual effort Funding Source None required Quantified Objective Four family friendly multi-family rental housing units are entitled a year Performance Metric(s) Number of two-, three-, and four-bedroom units entitled and number of family friendly designated units MK Lot Consolidation The Town will conduct outreach to property owners in these areas to identify meaningful incentives to facilitate lot consolidation, lot assemblage and redevelopment in mixed use and commercial areas. Based on this feedback, within two years of Housing Element adoption, the Town will consider Implementation Policies HE-3.4 Lot Consolidation Responsible Department/Review Authority Community Development Department Timeframe June 2025 Funding Source This Page Intentionally Left Blank 10. Housing Element JanuaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element 10-77 Programs Establish a list by December 31, 2024, to post online. Funding Source General fund (staff time) Quantified Objective Annually update the list or upon request from a local union. Performance Metric(s) N/A AY Housing Mobility Housing mobility strategies consist of removing barriers to housing in areas of opportunity and strategically enhancing access (Los Gatos is entirely highest resource in terms of access to opportunity and a concentrated area of affluence). To improve housing mobility and promote more housing choices and affordability townwide, including in lower density neighborhoods, the Town will employ a suite of actions to expand housing opportunities affordable to extremely low, very low-, low-, and moderate-income households. Actions and strategies include: SB 9 – Monitor the Town’s SB 9 standards and amend standards to facilitate SB 9 applications (e.g., duplexes in single-family zones) if the Town is not on track to meet its SB 9 application goals during the planning period. See Program AV. Rezoning for Small Multi-Unit Housing, “Missing Middle” – Modify the Zoning Code to facilitate small multi-unit housing in certain the low and to medium density designations. This includes creating mixed residential neighborhoods through new and innovative housing types that meet the changing needs of Los Gatos households and expand housing choices in a variety of neighborhoods. Housing types include, but are not limited to single dwelling units, multifamily dwelling units, accessory dwelling units, small and micro units, use of prefabricated homes, and clustered/cottage housing. This zoning will occur in a Implementation Policy HE-1.5 Variety of Housing Choices Policy HE-1.7 Infill Opportunities in Single-Family Neighborhoods Responsible Department/Review Authority Community Development Department Timeframe Annually review overall progress and effectiveness in April and include information in annual report to HCD. If the Town is not on track to meet its 160 affordable housing unit goal for the 8-year RHNA cycle by 2027 (i.e., 80 affordable units built or in process by 2027), the Town will consider alternative land use strategies and make necessary amendments to zoning or other land use documents to facilitate a variety of housing choices, including but not limited to, strategies that encourage missing middle zoning (small-scale multi-unit projects), adaptive reuse, and allowing additional ADUs and/or JADUs, within six months, if sufficient progress toward this quantified objective is not being met. Funding Source General fund (staff time) Quantified Objective Provide 160 housing opportunities affordable to lower income households by January 2031. Performance Metric(s) Townwide, but especially lower-density neighborhoods. HCD Revised Draft Revised 2023-2031 Housing Element 10-78 HCD Revised Draft Revised 2023-2031 Housing Element March SeptemberNovemberJanuary 20232024 Programs variety of areas throughout the Town but NOT in areas which are in Very High Fire Hazard Severity Zones, historic districts, adjacent to home in our historic inventory (currently pre- 1941) homes, in hillside residential zones, within 500 feet of an evacuation route and within a half mile of a transit stop. See Program J. Housing on Town Sites – Enter into a public-private partnership to develop housing, targeting low-income households, on Town owned properties. See Program E. Enhanced Inclusionary Housing – Assess and amend the Town’s inclusionary housing requirements to better produce low-income units and units for special needs groups townwide. See Program L. Accessory Dwelling Units (ADUs) – Encourage and streamline ADUs in single-family neighborhoods by preparing standardized ADU plans with a variety of unit sizes and by affirmatively marketing and outreach to increase awareness and the diversity of individuals residing in Los Gatos. See Program Q. Junior ADUs – Develop and adopt objective standards to allow more than one (at minimum two) Junior ADU per structure by July 2025. The objective is to achieve at least 10 JADUs in lower-density neighborhoods by January 2031. See Program Q. Religious Institutional Sites – Expand housing opportunities on all religious institutional sites within the Town. See Program S. Conduct outreach to owners and operators of religious institutions to raise awareness and encourage housing proposals. Increase affordable housing on religious institution/faith-based site(s) during the 2023-2031 planning period by 25 units. If no application for housing on a religious institution/faith- based site is received by December 2025, the Town will expand outreach efforts to be conducted annually. This may include direct mailings to faith-based sites highlighting This Page Intentionally Left Blank Town of Los Gatos Informal 2 Preliminary Review Received 12/24/2023 Subsequent Informal 2: 2/01/24 Prior Review: 12/01/2023 Prior HCD Finding Page # Prelim Rev 1 Page# Prelim Rev 2 Notes Affirmatively Furthering Fair Housing Income and Racial Concentration Area of Affluence (RCAA): 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) to better formulate appropriate policies and programs. 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. A-69 ~/No A-71 Yes/~ Minimal revision. Prior Review: Minimal analysis added; should address trends, coincidence with other factors (e.g., income, TCAC), past strategies and effectiveness such as result of North 40 in the prior planning period, zoning, land use and other factors. These analyses should be incorporated into contributing factors Contributing Factors to Fair Housing Issues: Based on a complete analysis, the element should re-assess and prioritize contributing factors to fair housing issues. For example, the Town is wholly a RCAA, highest resource and highest median incomes in contrast to the rest of the region. As a result, fair housing issues such as the lack of affordable housing and segregation from the rest of the region should be a high priority. A-18 ~ A20 Yes Re-assess based on a complete analysis Goals and Actions: As noted above, the element must include a complete analysis of affirmatively furthering fair housing (AFFH). The element must be revised to add goals and actions based on the outcomes of a complete analysis. 10-43- 10-50- 10-65 10-66 ~/No 10-76 ~ Include metric for home sharing action (Program Q) ATTACHMENT 17 In addition, while the element includes some actions toward AFFH and enhancing housing mobility (e.g., choices and affordability), actions should be added, numeric targets should be increased, and geographic targeting should be fine-tuned to better promote inclusive neighborhoods throughout the Town. This is particularly important since over 80 percent of the lower-income regional housing need allocation (RHNA) is isolated in two census tracts. As noted in HCD’s prior review and the assessment of fair housing, the Town is wholly a racially concentrated area of affluence, highest resource and highest median incomes in contrast to the rest of the region. These conditions and circumstances warrant significant and robust actions (not limited to the RHNA) to promote housing mobility and increasing housing choices and affordability throughout the Town, including lower-density neighborhoods. Actions should be added and revised with aggressive numeric targets and geographic targets throughout the Town, including lower-density neighborhoods. Examples include creating more housing choices and affordability in single-family neighborhoods beyond complying with law (e.g., SB 9, ADUs) such as missing middle housing types, targeting affordable housing funding, homesharing, more than one unit of converted space within a single-family structure, increased multifamily capacity, enhanced efforts on religious institutional sites and other alternative land use and financing strategies. Program AY Prior Review: See Programs J, L, O, Q, T, AV Program J should clarify that capacity will be increased (not just zoning text), development standards will be adjusted to facilitate maximum densities and increase the objective (~150 units) or add strategies (religious institutional, JADU plus, SB 10) Consider adding JADU plus to ADU HCV homesharing program and increasing objective Program AV should go beyond complying with SB 9 (marketing, modification to development standards) For all housing mobility actions (Programs J, L, O, Q, T, AV), geographic targeting should be revised to clarify town-wide including highest median income areas and numeric targets should be reflected with geographic targeting (e.g., 100 units townwide and 50% in highest median income areas) Sites Inventory, Analysis and Adequate Sites Small Sites: The element identifies several sites with parcels less than a half-acre (p. D-13) that have common ownership and, in some cases, expressed interest to redevelop the site. D-2 Yes D-11 N/A For small sites with expressed interest in redevelopment, the element should clarify that the expressed interest is also in consolidating the sites. For the remaining sites (Sites D-2 and D-5), the element should explain the circumstances leading to the potential for consolidation such as necessity to consolidate due to access, feasibility, shape, or site planning flexibility. Based on the outcomes of this analysis, the element should add or modify Program K (Lot Consolidation) to further promote lot consolidation, if appropriate. Electronic Sites Inventory: For your information, while the Town has submitted an electronic sites inventory as part of this submittal, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-andcommunity- development/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance N/A FYI FYI Adequate Sites Programs: As noted in the prior review, if necessary to make appropriate zoning available to accommodate the lower-income RHNA, programs must be revised to meet all requirements pursuant to Government Code section 65583.2, subdivisions (c), (h) and (i). The element includes Programs D (Program By Right Zoning Text Amendment to Accommodate RHNA), AR (General Plan Amendment) and AS (Adequate Sites for Housing) to address these requirements. With respect to sites identified in prior planning periods, the element meets statutory requirements, but these actions must be completed by January 31, 2024. With respect to a shortfall of adequate sites to accommodate the lower-income RHNA, the element includes Programs AR and AS. However, the Programs commit to the appropriate zoning given the rezoning occurs after the statutory deadline of January 31, 2023. HCD understands the Town completed the rezoning after the statutory deadline and, therefore, the rezoning must meet all by right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). Based on a cursory review, the rezoning does not appear to meet these requirements. As a result, these programs must Not Found No/? Yes Rezone ordinance 2347, Ord 2348, Ord 2349, Ord 23507; clearly commit to meet all by-right requirements by January 31, 2024. In addition, please be aware, the recent California appellate decision in Martinez v. City of Clovis found that while overlays can be used in a rezone, when the base zone allows residential development, both the base zone and the overlay zone must comply with the minimum density requirements of Government Code section 65583.2, subdivision (h). The Town may need to adjust its rezoning strategy if the underlying zoning for sites that will be rezoned allows minimum densities less than 20 dwelling units per acre. Martinez v. City of Clovis (2023) 90 Cal.App.5th 193, 307 Cal.Rptr.3d 64. Governmental Constraints Land Use Controls: HCD’s prior review found that the Town must list and evaluate development standards in the North Forty Specific Plan and High Density Residential and Commercial designation. In response, the Town has now listed development standards by each zoning district but should also analyze those development standards for impacts on housing supply and cost and most importantly, the ability to encourage maximum densities without exceptions. For example, lot coverages, heights, and setbacks in the Multifamily Residential (RM) zone; and lot coverage heights and guest parking requirements in the North Forty Specific Plan could be constraints. Based on the outcomes of a complete analysis, the element should add or modify programs to include specific commitment to review and revise these development standards as necessary. C-1 C-5 10-62 ? 10-43 No Program D includes action to remove guest parking in North Forty Specific plan; however, include a program to revise all MF guest parking requirements, specifically RM, CH zones. Prior Review: RM parking program? Guest parking reduced? Guest parking and lot coverage in the North Forty Specific Plan analyzed? Local Processing and Permit Procedures: The element now discusses decision-making bodies and lists approval findings for the Architecture and Site Application. However, the element should also analyze these processes to better inform programs to address identified constraint. For example, the element mentions the decision-making body depends on the scope of the application. The element should explain the scope, resulting decision-making body and impacts on 10-62 No/? C-41 ~ Brief statement made on approval body but must discuss and analyze the scope of the trigger for PC review. Program AQ Prior Review: See Program AQ approval timing and certainty. In addition, the element lists approval findings and concludes some findings may be constraints then modifies Program AQ (Zoning Code Amendments) to amend approval findings (considerations). But the element should discuss which approval findings may be constraints to better inform implementation of Program AQ. Program should remove or modify Findings 4 and 6 of the architectural and site process Scope trigger for approval body analyzed? Addressed? Programs: As noted above, 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. In addition, programs should be revised, as follows: TBD TBD Depends on complete analysis Program D (Additional Capacity for the North Forty Specific Plan): The Program should also commit to establish or modify development standards to facilitate achieving maximum densities, regardless of the level of affordability and should specify to either remove the unit cap or increase the unit cap to allow maximum build out of each parcel, including State Density Bonus Law or other circumstances that might warrant increasing allowable densities. 10-41 ~/No/? No Include a specific commitment to increase or remove unit cap (within 6 months) Prior Review: No action included to modify development standards? No action to remove cap. Commitments should also not implement the cap to allow maximum build out of each parcel or other circumstances warranting increasing allowable densities Program V (Housing opportunities for Persons living with Disabilities): Given the importance of promoting housing access for persons with disabilities, the Program could be modified with a date earlier in the planning period (e.g., by December 2024). ? No/? 10-57 Yes Program AA (Reduce Parking Standards): The Program currently commits to “Initiate a study to determine specific updates…” While initiating a study and making a determination are important steps by themselves, these actions do not result in outcomes. The Program should clearly commit to amending the municipal code. For example, the 10-53 Yes N/A Program could commit to: “Initiate a study and outreach, including with developers, and amend the Municipal Code, as follows:…” Program AQ (Zoning Code Amendments): The Program commits to apply the Housing Element Overlay Zone (HEOZ) to identified sites and modify development standards. HCD understands this action has been completed. Based on a cursory review of the Town’s Ordinance 2347, some development standards such as heights may be a constraint on achieving maximum densities. As a result, this Program should commit to monitor and evaluate these development standards, including outreach with the development community, and making adjustments, as appropriate, by a specified date. 10-61 ~/No 10-70 Yes Program AQ Program AW (Story Poles and Netting Policy): While the Program now commits to revise Story Poles and Netting Policy Requirements; these requirements are constraints and impact housing costs; supply (number of units) and approval certainty and should be removed or replaced with cost effective measures to promote certainty for the developers and the community. Further, the element should evaluate the effectiveness of any future requirements or measures, and making adjustments, as necessary, by a specified date (e.g., by 2028). 10-65- No C-38 Yes Program AW Prior Review: Video rendering should be expanded to other visual methods Scope of alternative should be expanded to all multifamily and mixed use Housing Programs: ADU Program Q Accessory Dwelling Units (ADU): While the Program now commits to amend the ADU Ordinance, it must also commit to establish incentives such as modifying development standards (e.g., heights), pursuing funding; waiving fees beyond ADU law; proactive marketing and establishing points of contact to ease permitting processes. In addition, the Program commits to monitor production and affordability of ADUs annually but should also commit to making adjustments by a specified date (e.g., within six months) if production and affordability are not meeting assumptions. Further, the Program should clearly commit to options beyond incentives such as rezoning if production and affordability far differs from assumptions. 10-48- Yes N/A Public Participation: Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD. HCD particularly encourages the Town to continue engaging commenters on this review. These comments contained valuable insights that can result in a more effective housing elements, especially related to programs and specific commitment. HCD’s future reviews will continue to consider the extent to which the revised element documents how the Town solicited, considered, and addressed public comments in the element. The Town’s consideration of public comments must not be limited by HCD’s findings in this review letter. ? 10-17 Yes/~ Summary of Public comments submitted. Other (HCD use only) Program J N/A No New language excluding missing middle housing types in multiple areas throughout the Town. The program should remove new language and proceed with previous program language informally reviewed. Program AY N/A No See comments above. Sb 9 units N/A 10-9 D-2 No/? Is the town now counting SB 9 units towards RHNA? Table D-2? Public comments TBD Yes Additional comments? Prior Review: Must address new public comments Document availability FYI FYI Rezone timing FYI FYI Cant be found in full compliance until all rezones are complete 50% nonvacant resolution FYI FYI Electronic sites inventory FYI FYI Overlay No Program AQ HE Overlay zone Modification Authority N/A N/A Informal submittal From: Iddo Hadar <> Sent: Sunday, February 18, 2024 8:11 PM To: Housing Element <HEUpdate@losgatosca.gov> Subject: Fwd: Housing Situation in Los Gatos In reference to: Town Council Meeting – February 20, 2024– 7:00 p.m. We were informed that, on February 20, 2024, the Town Council will be discussing and providing feedback on the latest revisions to the Draft Revised Housing Element. I would like to provide (and discuss in person during the session) comments on specific site plans included in your list: The plans for Capri Fruitstand (14288 Capri Dr) are absurd, in terms of height and number of units. Neither Plan A nor Plan B are logical for the location and the town in general. Thank you for the opportunity to review this information and provide input. -Iddo Hadar ---------- Forwarded message --------- From: Matthew Hudes <> Date: Mon, Feb 12, 2024 at 6:30 AM Subject: Re: Housing Situation in Los Gatos To: Iddo Hadar <> Hi Iddo, We have recently made some progress on our Housing Element document that needs to be certified by the State. As you know, the document failed to gain approval 4 times, but obtaining this approval ASAP is imperative, since the fact that it is overdue for State certification has opened the door to developers claiming that they have the right to a Builder's Remedy. In fact, a Builder's Remedy has already been claimed in at least 9 of the 11 new proposals to the Town, as listed below. (If granted, a Builder's Remedy limits the Town’s ability to alter/guide the proposed development, providing "almost automatic" approval.) During the February 6 Council meeting, we made progress responding to the State's requirement to spread housing throughout the Town. Some members of the Council proposed opening all single-family residential neighborhoods to multi-unit housing. This expansive approach, added to our already included housing sites, could allow a maximum possible 5,250 new housing units in Town, going far beyond the State requirement of 1,993 units. Of course this large number is not likely, but it illustrates the uncontrolled nature of an approach with no constraints. And yet, this approach would still not necessarily result in any of the small multi-unit housing actually being affordable ATTACHMENT 18 housing. I proposed a more guided approach, which passed on a 3-2 vote. The guided approach steers this denser development to areas that are more fire-safe and more transit-available and that are less likely to disrupt the historic and natural beauty of Los Gatos. This progress on the Housing Element is part of the more efficient approach to getting our entire Housing Element approved as quickly as possible. Over the last 18 months, the Town failed 4 times to get its 800-page document approved, each time going through a cumbersome 3-6 month cycle. Now, in order to obtain State approval more nimbly and efficiently, the Town is following a process (that I proposed and the Council unanimously approved) to "fix" the State's concerns, piece by piece, in manageable "bites" that can be readily, informally reviewed and approved by the State. This should save months of time as compared to our previous approach. I believe that it is not how quickly we submit, but how quickly we are certified that matters. Our next meeting is on February 20, and your involvement and engagement are welcomed. We will continue to push forward until we obtain certification. Regards, Matthew Vice Mayor, Town of Los Gatos _____________________________________ I am always open to information provided at public hearings. I will not express a final opinion until the Council votes on these matters. Any expression is by me as an individual, not by the Council. __________________________________________________ On Dec 31, 2023, at 12:06 PM Matthew Hudes <> wrote: Hi Iddo, Some good news about the Housing Element document that needs to be certified by the State (and has failed to gain approval 4 times): On December 19, the Los Gatos Town Council met and adopted a new, more effective process for revising and obtaining approval from the State. This new process is structured to better engage the community, the Council, the housing consultant and the State. This will enable the community to be more involved in the decisions that are made regarding the locations for housing as well making more effective, directed progress toward State certification. By a 5-0 vote, the Council adopted a motion that I made, outlined as having the following actions: 1. Prioritizing the comments from the California Department of Housing and Community Development (HCD) 2. Presenting the Los Gatos Housing Element draft text to Council with examples from two to three certified Housing Elements, and providing the public an opportunity to comment at the Council meeting with staff addressing the public comments in subsequent meetings 3. Scheduling Council meetings with the Town's housing consultant on a regular basis to complete the edits 4. Reviewing the proposed edits with HCD and providing written feedback to the Council about HCD’s responses 5. Conducting public engagement with the Housing Element Advisory Board after Council completes the draft Council also unanimously voted to meet and review the Housing Element prior to submittal to the State (HCD). This means that you will have the opportunity to participate at the January 16 Council meeting and at subsequent meetings until the State certifies our Housing Element. As Mayor Badame stated, this is the most important issue currently facing the Town. Please keep your ideas and comments coming, as I read all of them. Regards, Matthew _____________________________________ More information: Video of February 6 Council Meeting https://www.youtube.com/watch?v=NiejWYHRdGE&t=4s (about 37 minutes in) SB 330 including Pre-Applications https://www.losgatosca.gov/2875/Senate-Bill-SB-330 Formal Applications https://www.losgatosca.gov/2216/Pending-Planning-Projects Housing Element https://www.losgatosca.gov/1735/General-Plan---Housing-Element Matthew Hudes for Town Council · CA 95030, United States This email was sent to . To stop receiving emails, click here.