09 Staff Report.Housing Element with attachmentsPREPARED 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: 03/05/2024 ITEM NO: 9
DATE: February 29, 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.
RECOMMENDATION:
Discuss and provide direction to staff on the proposed revisions to the Draft Revised 2023-2031
Housing Element and next steps.
BACKGROUND:
On December 1, 2023, the Town received the California Department of Housing and Community
Development’s (HCD) findings/comment letter, previously provided as Attachment 3 to the
January 16, 2024 Town Council staff report. A link to past staff reports and attachments can be
viewed on the Town’s website at: https://losgatos-ca.municodemeetings.com.
On December 19, 2023, the Town Council unanimously voted to follow the following process
regarding the 2023-2031 Housing Element update, which includes the following actions:
1.Prioritizing the comments from the December 1, 2023 HCD comment letter;
2.Addressing the most challenging comments first and presenting the draft text of the Draft
Revised Housing Element to the Town Council for review, including examples from two to
three certified Housing Elements. Additionally, the Town Council hearing will provide the
public with an opportunity to comment on the draft text with staff addressing the public
comments in subsequent meetings, as needed;
3.Scheduling Town Council meetings with staff and the Housing Element consultant on a
regular basis to complete the edits;
4.Reviewing the proposed edits with HCD, as frequently as HCD is able to meet with Town
staff, and the Housing Element consultant and providing written feedback to the Council
about HCD’s responses; and
PAGE 2 OF 6 SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 29, 2024
BACKGROUND (continued):
The Town Council also unanimously voted to review the Draft Revised Housing Element prior to
a resubmittal to HCD.
On January 16, 2024, the Town Council met to review and discuss the proposed revisions to the
Draft Revised Housing Element in response to the December 1, 2023 HCD comment letter. The
Town Council provided direction for each HCD comment.
On January 18, 2024, staff and the Town’s Housing consultant met with the Town’s HCD
reviewer and received an informal preliminary review matrix. A copy of this informal
preliminary review matrix was previously provided as Attachment 9 to the January 16, 2024
Town Council staff report, available online on the Town’s agenda website at: https://losgatos-
ca.municodemeetings.com. The informal preliminary comments are based on the proposed
edits made to the Draft Revised Housing Element and provided to the Town’s HCD reviewer for
initial feedback on December 24, 2023.
On January 18, 2024, the Housing Element Advisory Board (HEAB) met to review and discuss the
proposed revisions to the Draft Revised Housing Element in response to the December 1, 2023
HCD comment letter; Town Council direction provided on January 16, 2024; and HCD’s informal
preliminary review matrix provided on January 18, 2024.
On February 6, 2024, the Town Council met to review and discuss the proposed revisions to the
Draft Revised Housing Element. The Town Council voted to modify the language of Program J
and Program AY. The Town Council also approved a motion to confirm that the work of the
HEAB is complete.
On February 20, 2024, the Town’s HCD reviewer provided 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 (Attachment 21).
On February 20, 2024, the Town Council met to review and discuss the proposed revisions to the
Draft Revised Housing Element made at the February 6, 2024 Town Council meeting, as
summarized below in Section A of this report.
DISCUSSION:
The primary purpose of this agenda item is for the Town Council to review and discuss the
proposed revisions to the Draft Revised Housing Element. Staff is also seeking direction from
Town Council on the timing of next steps, including the required seven-day public review period
and the resubmittal to HCD for the formal 60-day review.
PAGE 3 OF 6 SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 29, 2024
DISCUSSION (continued):
A. Town Council Meeting – February 20, 2024
The Draft Revised Housing Element was reviewed by Town Council on February 6, 2024, and
February 20, 2024. The Town Council staff reports and attachments can be viewed online at:
https://losgatos-ca.municodemeetings.com.
The revisions made to the various iterations of the Draft Revised Housing Element are color
coded as follows:
• Blue highlighting denotes revisions reviewed by Town Council at the January 16, 2024
Town Council meeting.
• Green highlighting denotes revisions reviewed by the Town Council at the February 6,
2024 Town Council meeting.
• Grey highlighting denotes revisions made at the February 6, 2024, and February 20, 2024
Town Council meetings.
On February 20, 2024, the Town Council approved the following motions:
1. Include the language that HCD included in their letter, to add the words “including the
combination of small multi-unit housing, religious institutions, Junior Accessory Dwelling
Units (JADU) and SB10” to Program J.
2. To modify language to Program J and Program AY to the following:
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. The modification of the zoning code to facilitate small multi-unit
housing will occur in a variety of areas throughout the Town, but in no event in any of
the following areas or locations: Very High Fire Hazard Severity Zones, historic
districts, adjacent to homes in our historic inventory (currently pre-1941 homes),
hillside residential zones, within 500 feet of an evacuation route, or farther than one
half mile of a transit stop.
PAGE 4 OF 6 SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 29, 2024
DISCUSSION (continued):
The following revisions were made to the Draft Revised Housing Element based on Town
Council’s motions:
1. Modified language for the qualified objective for Program J on Page 10-46 of Chapter 10.
2. Modified language for Program J on Page 10-47 and Program AY on Pages 10-77 and 10-
48 in Chapter 10.
Extracted pages from the Draft Revised Housing Element to illustrate these proposed
revisions in grey highlighting have been provided as Attachment 20.
On February 20, 2024, the Town Council unanimously approved a motion asking the Town
Manager to share with the Council any information regarding the Housing Element that has
been provided to HCD or received from HCD whether written or oral with 24 hours of
receipt. Communications with HCD are further described in Section B below.
B. HCD Communications
On February 20, 2024, shortly before the Town Council meeting, the Town’s HCD reviewer
provided a second informal preliminary review matrix (Attachment 17) 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.
On February 22, 2024, staff requested a meeting with the Town’s HCD reviewer and HCD’s
Senior Program Manager to discuss the second informal preliminary review matrix prior to
the March 5, 2024 Town Council meeting (Attachment 21).
On February 26, 2024, the HCD reviewer responded with availability to meet on Friday,
March 1, 2024. Staff has scheduled a Zoom meeting on Friday, March 1, 2024 with Town
staff, the Town’s Housing Element consultant, the Town’s HCD reviewer, and HCD’s Senior
Program Manager to conduct a live editing meeting where staff and the Housing Element
consultant can share the Town’s draft approach in addressing the preliminary review matrix
comments.
Attachment 19 provides the HCD second informal preliminary review matrix with staff’s draft
responses. Town staff and the Housing Element consultant will be meeting with HCD on
Friday, March 1, 2024 to verify the Town’s draft approach to responding the comments.
An Addendum will be provided to Town Council on Monday, March 4, 2024, summarizing the
results of the meeting with the HCD.
PAGE 5 OF 6 SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 29, 2024
DISCUSSION (continued):
C. Next Steps
This agenda item provides the Town Council an opportunity to discuss the proposed
revisions to the Draft Revised Housing Element and provide direction to staff on the next
steps. The Town’s Housing consultant and Town’s outside legal counsel will be available to
answer Council Member questions. As required by AB 215, revisions to the Draft Revised
Housing Element must be made available to the public for a seven-day review period prior to
a formal resubmittal to HCD.
Should the Town Council be satisfied with the proposed revisions to the Draft Revised
Housing Element, the seven-day review period could be started on Thursday, March 7,
2024, ending on Thursday, March 14, 2024, with a formal resubmittal to HCD by Monday
March 18, 2024. Subsequent review by HCD will take up to 60 days.
CONCLUSION:
Staff looks forward to the Town Council’s discussion and direction.
PUBLIC COMMENTS:
The meeting has been publicized on the Town’s website and through the Town’s social media
platforms. As of the drafting of this report, no comments from the public have been received.
COORDINATION:
The Community Development Department coordinated with the offices of the Town Attorney
and Town Manager in the preparation of this report.
ENVIRONMENTAL ASSESSMENT:
An Environmental Analysis was prepared for the Housing Element update and available on the
Town’s Housing Element website at: https://www.losgatosca.gov/EnvironmentalAnalysis. All
potentially significant effects have been analyzed adequately in the Town of Los Gatos 2040
General Plan Environmental Impact Report (EIR), pursuant to applicable standards including
CEQA Guidelines Section 15168(c)2, because the Housing Element update is consistent with the
growth projections evaluated in the General Plan EIR.
PAGE 6 OF 6 SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 29, 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
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
Previously Received with the February 20, 2024 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
Attachments Received with this Report:
19. HCD Second Informal Preliminary Review Matrix with Staff’s Responses
20. Extracted Pages from the Draft Revised Housing Element with Revisions
21. Correspondence with HCD
Town of Los Gatos Informal 2 Preliminary Review
Received 12/24/2023
Subsequent Informal 2: 2/01/24
*Green highlighting denotes HCD’s Second Informal Preliminary Review Comments
Prior Review: 12/01/2023
Prior HCD Finding Page # Prelim
Rev 1
Page# Prelim
Rev 2
HCD Feedback Summary Staff’s Draft Responses as
of 02/29/2024
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
New language discussing the past
effectiveness of diversifying the
Town’s housing stock was added in
a grey highlight to Appendix A on
Page A-19. Town staff and the
Housing Element consultant will be
meeting with HCD on Friday, March
1, 2024, to verify the Town’s draft
approach to responding to this
comment.
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.
In addition, while the element includes some actions toward AFFH and enhancing housing mobility (e.g.,
choices and affordability), actions should be added,
10-43-
10-50-
10-65
10-66
~/No 10-76 ~ Include metric for home sharing action
(Program Q).
Program AY
Prior Review: See Programs J, L, O, Q,
T, AV
A quantified metric was included in
a grey highlight for the
homesharing action in Program Q
on Page 10-53 of Chapter 10, as
well as Program AY on Page 10-79
of Chapter 10. Town staff and the
Housing Element consultant will be meeting with HCD on Friday, March
1, 2024, to verify the Town’s draft
ATTACHMENT 19
Prior HCD Finding Page # Prelim Rev 1 Page# Prelim Rev 2 HCD Feedback Summary Staff’s Draft Responses as of 02/29/2024
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 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)
approach to responding to this comment.
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. 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
D-2 Yes D-11 N/A
Prior HCD Finding Page # Prelim Rev 1 Page# Prelim Rev 2 HCD Feedback Summary Staff’s Draft Responses as of 02/29/2024
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
clearly commit to meet all by-right requirements by
January 31, 2024.
Not
Found
No/? Yes Rezone ordinance 2347, Ord 2348, Ord
2349, Ord 23507;
The second reading of the
amendment to the Housing
Element Overlay Ordinance will be
heard by the Town Council on
March 5, 2024.
Prior HCD Finding Page # Prelim Rev 1 Page# Prelim Rev 2 HCD Feedback Summary Staff’s Draft Responses as of 02/29/2024
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?
Additional language was added in a
grey highlight to Program AA on
Page 10-60 of Chapter 10 to clarify
the intent of the program to amend
the Zoning Code for guest parking
requirements in all zones of the
Town. Town staff and the Housing
Element consultant will be meeting
with HCD on Friday, March 1, 2024,
to verify the Town’s draft approach
to responding to this comment.
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 approval timing and certainty. In
addition, the element lists approval findings and
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
Program should remove or modify
Findings 4 and 6 of the architectural
and site process
Additional language was added in a
grey highlight to Page C-41 of
Appendix C to clarify that the
Planning Commission is the
deciding body for all types of multi-
family residential and mixed-use
projects. Town staff and the
Housing Element consultant will be
meeting with HCD on Friday, March
1, 2024, to verify the Town’s draft
Prior HCD Finding Page # Prelim Rev 1 Page# Prelim Rev 2 HCD Feedback Summary Staff’s Draft Responses as of 02/29/2024
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.
Scope trigger for approval body
analyzed? Addressed?
approach to responding to this comment.
Remove the housing unit cap 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
The language of Program D on Page
10-43 of Chapter 10 was modified
in a grey highlight to state that the
North Forty Specific Plan will be
amended to remove the unit cap.
Town staff and the Housing
Element consultant will be meeting
with HCD on Friday, March 1, 2024,
to verify the Town’s draft approach
to responding to this comment.
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 Program could
commit to: “Initiate a study and outreach, including
with developers, and amend the Municipal Code, as
follows:…”
10-53 Yes N/A
Prior HCD Finding Page # Prelim Rev 1 Page# Prelim Rev 2 HCD Feedback Summary Staff’s Draft Responses as of 02/29/2024
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
Prior HCD Finding Page # Prelim Rev 1 Page# Prelim Rev 2 HCD Feedback Summary Staff’s Draft Responses as of 02/29/2024
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.
Town staff will continue to engage
with the community regarding the
Housing Element update process by
maintaining the information posted
on the Housing Element update
website, through posting on the
Town’s various social media
accounts, and evaluation of public
comments received.
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.
Modifications to the language of
Program J and Program AY were
made in response to the approved
motion from the February 20, 2024,
meeting in a grey highlight on Pages
10-46, 10-47, 10-77, and 10-78 of
Chapter 10. Town staff and the
Housing Element consultant will be
meeting with HCD on Friday, March
1, 2024, to discuss the Town’s draft
approach to responding to this
comment.
Prior HCD Finding Page # Prelim Rev 1 Page# Prelim Rev 2 HCD Feedback Summary Staff’s Draft Responses as of 02/29/2024
Program AY N/A No See comments above. Modifications to the language of Program J and Program AY were
made in response to the approved
motion from the February 20, 2024,
meeting in a grey highlight on Pages
10-46, 10-47, 10-77, and 10-78 of
Chapter 10. Town staff and the
Housing Element consultant will be
meeting with HCD on Friday, March
1, 2024, to discuss the Town’s draft
approach to responding to this comment.
Sb 9 units N/A 10-9
D-2
No/? Is the town now counting SB 9 units
towards RHNA? Table D-2?
The Town is not counting SB 9 units
towards the RHNA. Table D-2 of
Appendix D has the SB 9 row struck
out in the track changes version of
the Draft Revised Housing Element.
Town staff and the Housing
Element consultant will be meeting
with HCD on Friday, March 1, 2024,
to clarify this comment.
Public comments TBD Yes Additional comments?
Prior Review: Must address new public
comments
No additional comments at this
time. Town staff will continue to
engage with the community and
evaluate public comments received.
Document availability FYI FYI
Rezone timing FYI FYI Can’t be found in full compliance until
all rezones are complete
The second reading of the HEOZ
was adopted by the Town Council
on December 5, 2023, and went
into effect on December 21, 2023.
A second reading of an amendment
to the HEOZ will be considered by
the Town Council on March 5,
2024.
50% nonvacant resolution FYI FYI
Electronic sites inventory FYI FYI
Overlay No Program AQ HE Overlay zone N/A
Modification Authority N/A N/A Informal submittal N/A
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Programs
project) of sites identified in the Site
Inventory to maintain sufficient sites at
appropriate densities to accommodate
RHNA for lower income households. If an
approval of a development results in a
reduction of site capacity below the
residential capacity needed to
accommodate the remaining RHNA,
including for lower income households,
the Town will identify and zone sufficient
adequate sites at appropriate densities to
accommodate the remaining RHNA.
Responsible Department/Review Authority
Community Development Department
Timeframe
Ongoing tracking as developments are approved
Funding Source
None required
Quantified Objective
Maintain RHNA capacity
Performance Metric(s)
Number of units and affordability level applied for;
number of units and affordability level entitled;
number of units and affordability level permitted;
number of units and affordability level completed
D Additional Housing Capacity for the
North Forty Specific Plan
Amend the North Forty Specific Plan to
allow for a density from 30 increase the
maximum allowable density from 20
dwelling units per acre to 40 dwelling
units per acre and increase the total
number of dwelling units allowed in the
Specific Plan.
Sites identified in the North Forty Specific
Plan Area are reuse sites and must permit
owner-occupied and rental multi-family
uses by-right for developments in which
20 percent or more of the units are
affordable to lower-income households.
See Implementation Program ARAQ and
ASAR.
Amend the North Forty Specific Plan to
remove the housing unit capinclude a
policy specifying that additional units as a
result of the State density bonus law, SB
330, and other applicable state laws will
not count toward the unit cap. This
policyamendment will allow developments
to reach the maximum allowable density
plus the additional units due to density
bonus and other applicable regulations.
Annually monitor the impact of
implementing the cap on housing
production. If by the end of 2027 the cap
is found to be constraining to housing
production, amend the Specific Plan to
modify the cap.
Implementation Policies
HE-1.1 Adequate Sites
HE-3.3 Efficient Development Processing
Responsible Department/Review Authority
Community Development Department
Timeframe
January 2024
Funding Source
None required
Quantified Objective
Facilitate the construction of 15 45 new homes for
lower-income households.
Performance Metric(s)
Number of affordable homeownership units entitled
and the number of units entitled for lower-income
Households
ATTACHMENT 20
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Amend the North 40 Specific Plan to
remove guest parking requirements and
modify development standards to facilitate
achieving maximum densities.
E Affordable Development on Town
Owned Property
Pursue opportunities to work with an
affordable housing developer or enter into
a public-private partnership to develop to
construct affordable housing, targeting
lower-income households on Town owned
property.
Implementation Policies
HE-1.1 Adequate Sites
HE-2.9 Public/Private Partnerships
Responsible Department/Review Authority
Town Manager
Timeframe
Ongoing effort
Funding Source
None required
Quantified Objective
The number of Town owneds two properties that
could be suitable for affordable housing up to 20
units.
Performance Metric(s)
The number of Planning applications submitted for
new affordable housing
F Update Permit Software System
Update the existing permit software
system to better monitor average
processing times for ministerial and
discretionary development permits. Use
data to set baselines timelines to drive
improvements. Update the Town
planning and zoning regulations and
remove permit processing constraints as
appropriate.
Implementation Policies
HE-3.3 Efficient Development Processing
Responsible Department/Review Authority
Community Development Department
Timeframe
Review and update regulations as appropriate at
biannual years
Funding Source
None required
Quantified Objective
Reduce processing time by five percent
Performance Metric(s)
Improve current permit processing time
G Report Annually on Housing Availability
Update the existing permit software system to
better monitor average processing times for
ministerial and discretionary development
permits. Use data to set baselines timelines to
drive improvements. Update the Town planning
Implementation Policies
HE-1.1 Adequate Sites
HE-1.5 Variety of Housing Choices
HE-3.3 Efficient Development Processing
Responsible Department/Review Authority
Community Development Department
Timeframe
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HCD Revised Draft Revised 2023-2031 Housing Element
10-46 HCD Revised Draft Revised 2023-2031 Housing Element MarchSeptemberNovemberJanuary
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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
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 housing units, including
the combination of small multi-unit housinglow-rise
multi-family developments, religious institutions,
Junior Accessory Dwelling Unit (JADU), and SB 10
by five50150 units from the previous yearover eight
years with the goal of achieving 100% of the units
10. Housing Element
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Programs
clustered housing/cottage housing. The
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. The
modification of the Zoning Code to
facilitate small multi-unit housing will
occur in a variety of areas throughout the
Town, but in no event in any of the
following areas or locations, Very High
Fire Hazard Severity Zones, historic
districts, adjacent to homes in our historic
inventory (currently pre-1941 homes),
hillside residential zones, within 500 feet
of an evacuation route, or farther than one
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;
in low to medium density designations and high
median income areas.
Performance Metric(s)
Complete Zoning Code amendment by December
2024 and track the number of entitled Planning
applications received per year
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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
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 Implementation Policies
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Facilitate annual outreach to developers.
Annually identify development and housing
opportunities
Reduce development impact fees and permit
processing fees for affordable housing projects
for extremely low and very low units by 10
percent
Performance Metric(s)
Number of affordable homeownership units entitled
and number of units entitled for moderate, low, and
very-low income households.
PT Purchase Affordability Covenants in
Existing Apartments
Create a program for the Town to
purchase affordability covenants with
BMP funding to increase the supply of
affordable housing or “buy-down” existing
affordability covenants to have deeper
affordable units in existing rental
properties. This program is analogous to
purchasing covenants in new
developments in conjunction with the
BMP program, but for existing
apartments.
In existing and new rental developments,
the Town could provide a rehabilitation
loan or another form of subsidy to a rental
property owner in exchange for securing
affordability covenants on a percentage of
units and the owner’s agreement to
restrict rents on these units to levels that
would be affordable to very low- and low-
income households.
Implementation Policies
HE-2.1 Financial Resources
Responsible Department/Review Authority
Community Development Department, Town
Council
Timeframe
January 2028 2026
Funding Source
Below Market Price Housing In-lieu Fees
Quantified Objective
Affordability covenants for three housing units with
BMP funding to increase the supply of affordable
housing per year
Performance Metric(s)
Number of affordability covenants
UQ Accessory Dwelling Units
Facilitate ADU/JADU production with the
following efforts:
Waive building fees when an ADU is
deed restricted for very low-and low-
income pursuant to Town Code
(Section 29.10.320(a).
Initiate a marketing program for
homeowners on the benefits of ADUs
and the availability of resources
(templates, cost calculators, technical
support) to support development.
Promote the use of Housing Choice
Vouchers (HCVs) and homesharing
(once established) to make the units
Implementation Policies
HE-1.7 Infill Opportunities in Single-Family
Neighborhoods
HE-2.4 Rental Housing
HE-2.5 Pre-Approved Accessory Dwelling Units
HE-2.6 Promote Accessory Dwelling Unit
Construction
HE-2.7 Senior Housing
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-3.3 Efficient Development Processing
HE-3.5 Development Impact and Permit Fees
Responsible Department/Review Authority
Community Development Department
Timeframe
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Programs
available to lower income
households.
Collaborate with countywide efforts to
develop pre-approved ADU plans
suitable for Los Gatos, including
designs that are ADA accessible.
Streamline the review and permitting
of ADU’s by publishing pre-approved
plans including plans that are ADA-
compliant, which shall be posted on
the Town’s website.
Promote California Housing Finance
Agency (CHFA) ADU grants of
$40,000 available to qualified
homeowners for pre-development
costs.
Proactively promote information made
available through the Santa Clara
County Planning Collaborative, a joint
initiative of all 16 jurisdictions in the
county on the Town’s website with
resources for interested property
owners.
Actively apply for grant programs, as
funds are made available to assist
property owners in the construction of
ADU’s/JADU’s. Monitor funding
availability annually.
Develop and adopt objective
standards to allow more than one (at
minimum two) JADUs.
The Town’s ADU Ordinance goes beyond
the requirements of State law by allowing
a 10 percent increase in the floor area
ratio standards.
Annually monitor number of
ADU’s/JADU’s produced, affordability
levels. By July 2027, if the production of
ADU/JADU is falling short of the projected
trend, and make adjustmentsthe Town will
initiate developing strategies (additional
incentives, flexible development
standards, and/or identify additional sites
for housing development) to
accommodate a potential shortfall if
determined necessary (i.e. adopt
additional incentives or other
strategies).and assess whether additional
strategies and adjustments are necessary
to increase ADU production, including
searching for innovative funding sources
and revisiting the ADU marketing program
Initiate marketing program and coordinate
efforts on pre-approved ADU plans (2023) and
other resources and services (December 2025)
Select at least three plans and conduct media
campaign to promote (December 2024)
Monitor Annually monitor the production and
affordability of ADUs
Amend the ADU Ordinance (January 2024)
Monitor ADU/JADU production against
projection by July 2027 and develop strategies
to address any potential shortfall in meeting
RHNA by the end of 2027 annually and adjust,
if necessary, within six months
Funding Source
Below Market Price Housing In-lieu Fees for
Waiving Building Fees and General Fund
Quantified Objective
Facilitate cConstruction of at least 200 ADUs or
JADUs with a goal to facilitate construction of
up to 200 350 ADUs or JADUs throughout the
Planning period with a goal of 5% of these
units being affordable to lower-income
households and 50% in single-family, high
median income neighborhoods
Publish pre-approved ADU plans and
templates, including designs that address ADA
and senior housing needs
Post pre-approved plans on Town website
Use the Town’s social media, website, local
press, and community events to distribute
information
Adopt objective standards to allow more than
one JADU per property by July 2025
Facilitate construction of at least 10 JADUs in
low density neighborhoods
Through a homesharing program, assist at
least 50 homeowners in renting out available
ADUs and JADUs, especially in high/higher
resource areas throughout the Planning period
Performance Metric(s)
Number of Building Permits issued; number of
ADU/JADUs rented at a rental rate affordable for
very low-and low-income households
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for property owners. shortfall by the end
of 2027.
Amend the ADU Ordinance to comply
with State law.
Work with a nonprofit organization to
administer a homesharing program that
will expand beyond roommate matching,
by assisting homeowners in renting out
ADUs and JADUs, further serving
residents in the region with outreach for
potential tenants.
VR Density Bonus
Conduct a study to evaluate the existing
Density Bonus Ordinance and
recommend changes to increase the
number of units constructed. The study
will include an evaluation of the
implementation of the ordinance to date
and actual construction of affordable
housing units that utilized the Density
Bonus. Additional density and height
incentives beyond what the State requires
will be considered (i.e., fee reductions,
add free density of BMP units). The study
shall recommend improvements to the
Ordinance based on the outcome of the
evaluation.
Amend the Density Bonus Ordinance to
comply with State law.
Implementation Policies
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-2.3 Mixed-Use Development
HE-2.8 Equal Housing and Special Needs
Responsible Department/Review Authority
Community Development Department
Timeframe
Amend the Density Bonus Ordinance
(December 2024)
Complete study by June 2026 and implement
recommended actions by December 2029
Funding Source
None required
Quantified Objective
Increase affordable housing units generated by an
amended Density Bonus Ordinance
Performance Metric(s)
Measure the number of affordable units that
received entitlements
W Affordable Housing Overlay Zone (AHOZ)
Continue to encourage development of housing
affordable to all income levels on property within
this Town Overlay Zone. The Overlay property
on Knowles Avenue is a key site for a mixed
income affordable housing project.
Implementation Policies
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-2.9 Public/Private Partnerships
HE-2.11 Smart Growth
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete by 2025
Funding Source
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Study and implement recommendations
with regard to the Town’s Rental Dispute
Mediation and Arbitration Ordinance 2128
to help further stabilize rents for long-term
residents.
HE-2.4 Rental Housing
HE-6.6 Rental Dispute Mediation and Arbitration
Ordinance
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete study by January 2025 and implement
Municipal Code changes by June 2025
Funding Source
Below Market Price Housing In-lieu Fees
Quantified Objective
Implement improvement opportunities for the
Rental Dispute Mediation and Arbitration Ordinance
Performance Metric(s)
Measure the number of disputes resolved versus
unresolved
AIAA Reduce Parking Standards
Initiate a study and outreach, including
developers to determineand to make
specific updates that would result
amendments to for the Municipal Code,
as follows to address the following:
Align parking requirements with the
preparation of Objective Design
Standards.
Reduce parking requirements near
transit.
Remove guest parking requirements
for all residential and mixed-use
projects in all zones.
Allow parking to be unbundled from
residential units.
Implementation
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete study by January 2025 and implement
Town Code changes by June 2025
Funding Source
None required
Quantified Objective
Zoning Code amendment to reduce parking
standards
Performance Metric(s)
Zoning Code amendment
AJAB Allow for 100 Percent Affordable
Residential Development in Mixed-Use
General Plan Designations
Amend the General Plan and the
Municipal Code to allow for 100 percent
affordable residential development
without the requirement of commercial
uses.
Implementation
HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Implement General Plan and Municipal Code
changes by June 2024
Funding Source
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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
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.
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avariety 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. The
modification of the Zoning Code to
facilitate small multi-unit housing will
occur in a variety of areas throughout
the Town, but in no event in any of
the following areas or locations, Very
High Fire Hazard Severity Zones,
historic districts, adjacent to homes in
our historic inventory (currently pre-
1941 homes), hillside residential
zones, within 500 feet of an
evacuation route, or farther than one
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
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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
successful affordable housing units
on other faith-based sites, as well as
available Town resources and
programs to support such projects
(e.g., Programs N, P, T, AI, AJ –
Assist in securing funding for
affordable housing projects).
Homesharing – Research and pursue
a homesharing program, including
coordination with non-profits and
others to assist at least 50
homeowners in renting out available
ADUs and JADUs with with matching
tenants with existing homeowners.
The Town will publicize and take
other actions as necessary (e.g.,
facilitate presentations at the Los
Gatos Adult Recreation Center, etc.)
at least annually with the goal of five
opportunities per year. See Program
T.
This Page Intentionally Left Blank
Appendix A. AFFH Report
JanuaryFebruaryNovemberSeptemberMarch 20232024Appendix A A-19
Past priorities for single-family residential land uses through planning and zoning efforts as well as
historical restrictive covenants have contributed to the prevalence of RCAAs in the Town.
The Town will use “Affirmative Marketing” strategies, as described in Implementation Program AT
BI, to work with affordable and market rate housing developers to ensure that affordable housing
is affirmatively marketed to households with disproportionate housing needs, including Hispanic
and Black households who work in and live outside of Los Gatos (e.g., materials in Spanish and
English, distributed through employers). The Town will also amend its Zoning Ordinance in order
to increase the development of affordable housing.
The adoption of the North Forty Specific Plan by the Town Council in 2015 provided diversity in
the housing stock for the Town. As described in Implementation Program D, the Town will amend
the North Forty Specific Plan to allow for an increase in the density from 30 dwelling units per
acre to 40 dwelling units per acre and will remove the housing unit cap.
Opportunities, including employment, environmental, economic, and housing may not be accessible to all
residents, especially those in vulnerable populations.
In addition to Program AT described above, Los Gatos will implement programs to facilitate the
development of affordable housing, including special needs housing, to increase housing
opportunities in the Town (Programs D, E, L, N, O, W). The Town will also serve vulnerable
populations through Senior Housing Resources (Program I), Housing Opportunities for the
Homeless (Program U), Assistance for Persons with Developmental Challenges (Program V),
and Supportive Services for the Homeless (Program Y). The Town also aims to increase
transportation opportunities for new households through Program AF, Transit Oriented
Development.
In addition to actions to facilitate new affordable housing opportunities described previously, the
Town has outlined place-based strategies for neighborhood improvement with the following
metrics to develop better access to opportunities (environmental, housing, etc.). Specifically, the
Town will complete three minor home repairs or accessibility improvements for lower income
households annually, provide rehabilitation to five low-income homeowner units annually, and
complete three projects related to public facilities and transportation infrastructure.
Fair Housing Issue
Los Gatos feeds to high performing schools, yet, except for Asian students, students of color
cannot take advantage of these learning opportunities because they cannot afford to live in Los
Gatos.
Priority Level: LowHigh
Contributing factors:
Lack of affordable housing overall due to high land costs, high construction costs, limited availability of
land, limited availability of financing, duration of permitting process, cost of permitting process, and lack of
incentives.
The Town will address this issue by allocating a percentage of the Town’s Affordable Housing
(Below Market Program) Fund to subsidize housing for extremely low-income households and by
including housing development sites on the Sites Inventory in all areas of Town. The Town aims
to increase BMP units by five units annually in addition to other actions to facilitate affordable
housing development outlined in this Housing Element.
This Page Intentionally Left Blank
Appendix C. Governmental and Non-Governmental Constraints
FebruaryJanuaryNovember September March 20232024Appendix C C-1
Town’s Consulting Traffic Consultant
Santa Clara Valley Water District
County of Santa Clara – Health Department
4. Story Poles and Public Hearing Notices: Once a project is deemed complete the story poles and netting
and project sign shall be installed prior to the neighborhood notification process and shall remain in place
until the project has been acted upon and the appeal period has ended. Public notices will not be mailed
and/or application(s) shall not be advertised until a Story Pole Plan has been approved by the project
planner, the story poles and netting have been installed, and photographs have been submitted to the
project planner. A licensed surveyor or civil engineer shall submit written verification that the height and
position of the poles and netting accurately represents the height and location of the proposed
structure(s) or addition.
Public hearing notices will be sent out once the story poles process is complete. Public notices are sent
out to property owners and tenants within 500 feet of the subject property for hillside zoned properties
and 300 feet for non-hillside zoned properties.
5. Public Hearings: If a discretionary application is determined to require a public hearing, Division 7 of
Chapter 29 of the Town Code assigns which hearing body has the authority to issue decisions for
development applications. There are three types of public hearing bodies in the Town: Development
Review Committee (DRC); Planning Commission (PC); and Town Council (TC).
Development Review Committee
The DRC consists of the following departments: Community Development (Planning and Building
Divisions), Parks and Public Works, and Santa Clara County Fire. The Santa Clara County
Environmental Health Department is also part of the DRC when certain matters require its input. The
DRC has the authority to approve certain applications pursuant to Town Code and/or standards, that
require no change in the General Plan or Zoning Code, meet the Zoning Code regulations, and meet the
Residential Design Guidelines and/or Hillside Development Standard and Guidelines.
DRC meetings are held every Tuesday at 10:00 a.m. in the Town Council Chambers, located in the lower
level of Town Hall. Applicants are sent a copy of the DRC agenda. The applicant and/or representative
is required to be present, and members of the public are welcome to attend and participate.
If any applicant or an interested person as defined by the Town Code, wishes to appeal an action or
decision of the DRC, such appeal must be made in writing with the required fee, to the Community
Development Department within 10 calendar days of the DRC’s action or decision. The matter will then
be set for hearing on the next available Planning Commission agenda.
Planning Commission
The PC consists of seven residents of the Town of Los Gatos, appointed to serve a four-year term. Upon
appointment, Planning Commissioners must demonstrate knowledge of the Town Code and its land use
and planning policies. The PC has the authority to approve certain applications pursuant to Town Code
and/or standards.
The PC performs duties and exercises power and authority with regard to planning, subdivisions, zoning,
zoning administration, and other land use regulatory controls as prescribed by ordinance and Sstate law.
The PC reviews projects that require variances or exceptions from Town Code, projects that request
exceptions from the Town Design standards, projects requiring Conditional Use Permits, hillside
development applications depending on the scope of work, and appeals from the DRC. The Planning
Commission is the deciding body for all types of projects which propose multi-family residential or mixed-
use project.
From: Jauregui, Jose @HCD <>
Sent: Monday, February 26, 2024 10:46 AM
To: Erin Walters <EWalters@losgatosca.gov>; Veronica Tam <>;
McDougall, Paul@HCD <>
Cc: Laurel Prevetti <LPrevetti@losgatosca.gov>; Gabrielle Whelan <GWhelan@losgatosca.gov>; Joel
Paulson <jpaulson@losgatosca.gov>; Jennifer Armer <JArmer@losgatosca.gov>; Jocelyn Shoopman
<jshoopman@losgatosca.gov>
Subject: RE: Los Gatos HE Revisions
[EXTERNAL SENDER]
Sounds good, thank you in advance for sending the zoom link!
Warm regards,
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833
From: Erin Walters <EWalters@losgatosca.gov>
Sent: Monday, February 26, 2024 10:41 AM
To: Veronica Tam >; Jauregui, Jose @HCD <>;
McDougall, Paul@HCD <>
Cc: Laurel Prevetti <LPrevetti@losgatosca.gov>; Gabrielle Whelan <GWhelan@losgatosca.gov>; Joel
Paulson <jpaulson@losgatosca.gov>; Jennifer Armer <JArmer@losgatosca.gov>; Jocelyn Shoopman
<jshoopman@losgatosca.gov>
Subject: RE: Los Gatos HE Revisions
Hello Jose,
Thank you for your response.
Staff and Veronica are available to meet on Friday, March 1st at 10:30am via Zoom.
Our team will send you and Paul a Zoom invite for Friday.
We would like to have a live editing meeting where we can share with you the Town’s approach to
addressing the preliminary review matrix comments.
Sincerely,
Erin Walters ● Associate Planner
Community Development Department ● 110 E. Main Street, Los Gatos CA 95030
Ph: 408.354.6867 ● 408-354-6872
www.losgatosca.gov [losgatosca.gov] ● ewalters@losgatosca.gov
ATTACHMENT 21
COMMUNITY DEVELOPMENT HOURS:
Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
All permit submittals are to be done online via our Citfzen’s Portal platiorm. All other services can be completed
at the counter. For more informatfon on permit submittal, resubmittal, and issuance, please visit the Building
[losgatosca.gov] and Planning [losgatosca.gov] webpages.
[losgatosca.gov]
General Plan update, learn more at https://www.losgatosca.gov/GeneralPlan [losgatosca.gov]
[losgatosca.gov]
Housing Element update, learn more at www.losgatosca.gov/HousingElement [losgatosca.gov]
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use,
dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately
notify us at the above e-mail address.
Think Green, please consider the environment before printing this e-mail.
From: Veronica Tam <>
Sent: Monday, February 26, 2024 10:32 AM
To: Jauregui, Jose @HCD <>; Erin Walters <EWalters@losgatosca.gov>;
McDougall, Paul@HCD <>
Cc: Laurel Prevetti <LPrevetti@losgatosca.gov>; Gabrielle Whelan <GWhelan@losgatosca.gov>; Joel
Paulson <jpaulson@losgatosca.gov>; Jennifer Armer <JArmer@losgatosca.gov>; Jocelyn Shoopman
<jshoopman@losgatosca.gov>
Subject: RE: Los Gatos HE Revisions
[EXTERNAL SENDER]
Hi all –
For me – The earliest I can do on Friday is 10:30 but I would say take whatever slot is available. We
really would like to get this to the finish line.
Veronica
Veronica Tam, AICP
Principal
Veronica Tam and Associates, Inc.
From: Jauregui, Jose @HCD <>
Sent: Monday, February 26, 2024 10:29 AM
To: Erin Walters <EWalters@losgatosca.gov>; McDougall, Paul@HCD <>
Cc: Veronica Tam <>; Laurel Prevetti <LPrevetti@losgatosca.gov>;
Gabrielle Whelan <GWhelan@losgatosca.gov>; Joel Paulson <jpaulson@losgatosca.gov>; Jennifer Armer
<JArmer@losgatosca.gov>; Jocelyn Shoopman <jshoopman@losgatosca.gov>
Subject: RE: Los Gatos HE Revisions
Hello Erin,
We are both pretty booked for the week, and our earliest availability would be this Friday at 10 am.
Warm regards,
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833
[twitter.com] [facebook.com] [landlordtenant.dre.ca.gov]
From: Erin Walters <EWalters@losgatosca.gov>
Sent: Thursday, February 22, 2024 1:06 PM
To: Jauregui, Jose @HCD <>; McDougall, Paul@HCD
Cc: veronica.tam@vtaplanning.com; Laurel Prevetti <LPrevetti@losgatosca.gov>; Gabrielle Whelan
<GWhelan@losgatosca.gov>; Joel Paulson <jpaulson@losgatosca.gov>; Jennifer Armer
<JArmer@losgatosca.gov>; Jocelyn Shoopman <jshoopman@losgatosca.gov>
Subject: RE: Los Gatos HE Revisions
Hello Jose,
Thank you for providing the preliminary review on the informal revisions submitted.
Staff and Veronica Tam would like to schedule a meeting with both you and Paul McDougall to discuss
the preliminary review matrix.
Staff will be meeting with our Town Council on March 5th to discuss the preliminary review matrix.
We would like to meet with you and Paul McDougall prior to returning to Town Council.
Please confirm that you have received this email and respond with your availability.
Sincerely,
Erin Walters ● Associate Planner
Community Development Department ● 110 E. Main Street, Los Gatos CA 95030
Ph: 408.354.6867 ● 408-354-6872
www.losgatosca.gov [losgatosca.gov] ● ewalters@losgatosca.gov
COMMUNITY DEVELOPMENT HOURS:
Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
All permit submittals are to be done online via our Citfzen’s Portal platiorm. All other services can be completed
at the counter. For more informatfon on permit submittal, resubmittal, and issuance, please visit the Building
[losgatosca.gov] and Planning [losgatosca.gov] webpages.
[losgatosca.gov]
General Plan update, learn more at https://www.losgatosca.gov/GeneralPlan [losgatosca.gov]
[losgatosca.gov]
Housing Element update, learn more at www.losgatosca.gov/HousingElement [losgatosca.gov]
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use,
dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately
notify us at the above e-mail address.
Think Green, please consider the environment before printing this e-mail.
From: Jauregui, Jose @HCD
Sent: Tuesday, February 20, 2024 2:05 PM
To: Veronica Tam >; McDougall, Paul@HCD
<>
Cc: Jennifer Armer <JArmer@losgatosca.gov>; Erin Walters <EWalters@losgatosca.gov>
Subject: RE: Los Gatos HE Revisions
[EXTERNAL SENDER]
Hello Veronica,
Please see the preliminary review on the informal revisions submitted.
Warm regards,
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833
[twitter.com] [facebook.com] [landlordtenant.dre.ca.gov]
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)
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
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Intentionally
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