17 Staff Report.SB 330 Outreach
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2024
DATE: May 2, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Provide Direction on Outreach and Noticing Options for Senate
Bill (SB) 330 Projects.
RECOMMENDATION:
Discuss and provide direction on outreach and noticing options for Senate Bill (SB) 330 projects.
BACKGROUND:
On April 16, 2024, during the Town Council consideration of modifications to the Town’s Story
Pole Policy, direction was given to return for further discussion of potential enhancements to
the Town’s community noticing and engagement for large development projects and
specifically SB 330 projects.
SB 330 is State legislation intended to ease the production of housing. Its primary provisions
are as follows:
1) Subject to limited exceptions, SB 330 provides that a qualifying housing development
project is only subject to the ordinances, policies, and standards adopted and in effect
when a “preliminary application” is submitted, which occurs at the outset of the
entitlements process. Development impact fees, charges, or other monetary exactions
are also vested at that same time, and the only changes allowed relate to increases
resulting from an automatic annual adjustment based on an independently published
cost index that is referenced in the ordinance or resolution establishing the fee or other
monetary exaction.
PAGE 2 OF 5
SUBJECT: SB 330 Project Outreach and Noticing
DATE: May 2, 2024
BACKGROUND (continued):
2) In addition to creating new timing requirements under the Permit Streamlining Act, SB
330 provides that no more than five public hearings, including continued hearings and
appeals, may be held on a project after an application for a qualified housing
development project is deemed complete.
3) Subject to limited exceptions, SB 330 provides that any determination as to whether a
project site is historic must be made at the time the application for the qualifying
housing development project is deemed complete, as defined therein.
4) Local agencies cannot impose or enforce new design standards that are not objective.
Recent case law clarifies the meaning of “objective” design standards, albeit in the
context of the Housing Accountability Act (HAA), by explaining that a design standard is
not “objective” if reasonable people could reach different conclusions as to how to
comply with the design standard.
5) With limited exceptions, local agencies, including the electorate pursuant to its local
initiative or referendum power, cannot impose growth caps or moratoria on new
housing development.
6) Local agencies cannot reduce permitted housing density to below that allowed under
the applicable specific or general plan in effect on January 1, 2018.
DISCUSSION:
A. Online Outreach
As seen at the April 16, 2024 Town Council discussion of the Story Pole Policy, the Town
continues to receive ideas for providing information to the community about potential
future development projects. Many of these ideas have been implemented, including:
Reinstating the pending planning projects map at the top of the page listing pending
planning projects by address (www.losgatosca.gov/2216/Pending-Planning-
Projects).
Posting all SB 330 Preliminary Applications, and maintaining a list of those that have
proceeded to the formal application process (www.losgatosca.gov/2875/Senate-
Bill-SB-330);
Providing a summary table of all SB 330 projects for quick reference
www.losgatosca.gov/2875/Senate-Bill-SB-330); and
Regular social media posts to remind the community where they can find
information about potential development projects (see Town newsletter sent on
Friday, April 19 and April 26).
PAGE 3 OF 5
SUBJECT: SB 330 Project Outreach and Noticing
DATE: May 2, 2024
DISCUSSION (continued):
B. Expanded Project Noticing
Staff has selected several of the sites for which Preliminary SB 330 Applications have been
received to illustrate the difference in noticing between the 300-foot noticing required by
Town Code 29.20.450 (and State law), and the proposed 1,000-foot noticing suggested by a
Council Member at the April 16, 2024 Town Council meeting. The projects were selected to
provide a variety of examples based on the following criteria:
Locations throughout Town;
Neighborhood types (detached single-family, downtown, neighborhood
commercial, transitional, and Los Gatos Boulevard); and
Proposed project types (townhomes, seven-story residential or mixed use, detached
single-family residential subdivision).
300-foot Radius 1,000-foot Radius Cost
Project
Address
Project
Scope
Number
of Cards
Cost Number
of Cards
Cost Increase
Factor
101 S. Santa
Cruz Avenue
Mixed-Use Building (58
units)
124 $95.48 583 $448.91 4.7
220 Belgatos
Road
Detached Single-Family
Residential Subdivision
(30 units)
88 $67.76 305 $234.85 3.5
647 N Santa
Cruz Avenue
Multi-Family
Townhomes (13 units)
111 $85.47 510 $392.70 4.6
14288 Capri
Drive
Multi-Family
Residential Building (95
to 175 units)
330 $254.10 693 $533.61 2.1
15525 Los
Gatos
Boulevard
Multi-Family
Residential Building
(238 units)
693 $105.49 505 $388.85 3.7
As seen above, the 1,000-foot noticing radius increases the cost between two and 4.7 times.
Attachment 1 is a set of maps showing the difference in the areas included in the noticing,
as well as the number of parcels included. Please note that the number of parcels listed in
the Attachment 1 are less than the noticing numbers above because the noticing includes
both property owner and occupant if those are different.
Legally, the Town may adopt noticing requirements that are more extensive than the 300
feet required by State law. However, due to the increased cost to the applicant, it is
possible that expanded noticing requirements could be considered a hindrance to housing,
and therefore, counter to the intent of SB 330. In addition, based on the Constitutional
PAGE 4 OF 5
SUBJECT: SB 330 Project Outreach and Noticing
DATE: May 2, 2024
DISCUSSION (continued):
requirement for “equal protection,” any distinction in noticing requirements should have a
rational basis. Potential bases for imposing increased noticing requirements would be
projects over a specified height, number of units, or square footage based on the added
visual impact to the neighborhood or other factors.
Alternatively, without a rational basis for the distinction in noticing requirements, the Town
also has the option of assuming the cost of the increased noticing. If this is the Council’s
preference, a funding source would need to be identified.
C. Town-Wide Mailer
In addition to a project focused noticing mentioned above, the Town has periodically sent
out a postcard Town-wide to notify property owners, residents, and businesses about issues
of interest like the General Plan and Housing Element updates. The cost associated with
these efforts is approximately $10,000. This option may be more cost effective and useful
in combination with social media posts regarding upcoming milestones of SB 330 or other
major development applications in Town.
FISCAL IMPACT:
The fiscal impact depends on the scope of the increased noticing determined by the Town
Council.
CONCLUSION:
This agenda item allows Town Council to provide direction on additional noticing and outreach.
Staff recommends consideration of the following questions:
1. Are there additional online outreach techniques that should be implemented?
2. Are there additional mail noticing requirements for pending planning projects that the
Town Council would like to implement at this time? If so:
a. What projects would it apply to?
b. What should the timing be for the additional noticing?
c. Should additional noticing be sent if a project changes significantly?
d. Who should be noticed? (Town-wide, 300-foot radius, 1,000-foot radius, or
other)
e. Should the 300-foot public hearing noticing requirement be changed?
f. Should an additional fee be added to the fee schedule to defray this cost?
PAGE 5 OF 5
SUBJECT: SB 330 Project Outreach and Noticing
DATE: May 2, 2024
CONCLUSION (continued):
3. Does the Town Council wish to initiate a periodic Town-wide mailer with information about
development in the Town? If so:
a. What information should be included? (For example, “learn about pending
planning projects,” “find out about pending SB 330 proposals,” “sign up for
NotifyMe and the Weekly Newsletter,” or other.)
b. How frequently should the Town-wide mailer be sent?
Staff looks forward to the Town Council’s discussion and direction.
ENVIRONMENTAL ASSESSMENT:
Because the Town Council is providing direction only at this time, this is not a project defined
under CEQA.
Attachment:
1. Example Noticing Maps
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YLEIGH JAMIEHARLOWMARY JOSURMONTTHURESONOLD ORCHARDDEL OROBOBBYWOODCOPELAND
CAMPOS VERDEBELVUEBACIGALUPI220 Belgatos Rd
0 600 1,200300Feet
Legend
Subject Parcel
300 ft Buffer
1,000 ft Buffer
ATTACHMENT 1
APARR
CAPRIHIGHWAY 85
KNOWLES
VASONA
CREEK TRAILWINCHESTERPALMER
NB 85 FROM
DIVISIONDARDANELLIMARKET
ON RAMP HIGHWAY 85 E
L
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AIN
SB 85 CONNECTOR
SMITH RANCHVALEHENNING
ORANGE
SCHOOL
KNOWLES
PARR
DIVISION
DARDANELLIHIGHWAY 85
HIGHWAY 85
14288 Capri Dr
0 525 1,050262.5 Feet
Legend
Subject Parcel
300 ft Buffer
1,000 ft Buffer
MAIN
HIGHW AY 17CREEK TRAILWOODCOLLEGETAITSANTA CRUZBROADWAY
BEAN
VICTORYUNIVERSITYPARKELM
RESERVOIRMILES
EDELENDITTOSFARWELLGRAYS
STATIONBAYVIEWEUCLIDM I L L
PAGEANTPENNSYLVANIA
SB 17 FROM S SANTA CRUZLUNDYMAPLEMULLEN
P
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S
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CTCLIFTONLYNDONFAIRVIEW
O A K G R O V E MONTEBELLOD IT T O S
BAYVIEW
HIGHW AY 17101 S. Santa Cruz Ave
0 540 1,080270Feet
Legend
Subject Parcel
300 ft Buffer
1,000 ft Buffer
LOS GATOSHIGHWAY 17CARLTONFARLEYGARDEN HILLCHIRCO
CAMELLIAGARDENBENEDICT
FRANK CORINNEC
R
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L O S G A T O S -A L M A D E N
IZORAHHIGHLAND OAKSFLINTRIDGEMARICOPAS U N R A Y
OAK PARK
POTOMACLONGRIDGENB 17 RAMP LARKGATEWAY
IVY HILL
CORCELR O S E L E A F
NOB HILL
OAKDALE CARLESTERPEACH BLOSSOMHIGHWAY 1715525 Los Gatos Blvd
0 570 1,140285Feet
Legend
Subject Parcel
300 ft Buffer
1,000 ft Buffer
BRUCE UNIVERSITYSANTA CRUZROBERTS
VISTA
ANDREWS
MARIPOSA
INDUSTRIALOLIVEPOPPYASHLER
BLOSSOM HILL
THURSTON
SAN BENITOSAN MATEO
FANCHER WINCHESTERMONTEREYSHELBURNE
GRIFFITH
MAYSFORRESTVIA SERENO
MONTGOMERYOAK MEADOWHUBBELL BRICKWAYAUGUSTA
SAN BENITOSAN BENITO647 N. Santa Cruz Ave
0 500 1,000250Feet
Legend
Subject Parcel
300 ft Buffer
1,000 ft Buffer
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