Housing Element

Housing Element Update Opens in new window

Planning Commission Meeting – November 29, 2023

The Planning Commission met on November 15, 2023, and continued the discussion of the Draft Revised Housing Element (September 2023) to a special meeting on November 29, 2023.  

On November 29, 2023, the Planning Commission will consider the Draft Revised Housing Element (November 2023) with additional modifications in response to the California Department of Housing and Community Development’s (HCD) Draft Preliminary Review Matrix received by the Town on November 7, 2023, and make a recommendation to the Town Council.  The Town Council will then hold a public hearing and consider adoption of the Draft Revised Housing Element.  

Please see links to the Environmental Analysis and the Draft Revised Housing Element below: 

The meeting will be held on Wednesday, November 29, 2023, at 7:00 p.m. in the Town Council Chambers at 110 E. Main Street, Los Gatos and via Zoom webinar.   The community may participate in person or remotely.  

Zoom meeting details: 

https://zoom.us/join, Meeting ID: 826 5738 5921; Passcode: 198634.  Or telephone dial: USA 636 651 0008, USA  877 336 1839 (US Toll Free).  Conference Code: 686100. 

The Town encourages the public to send in written comments via email to HEUpdate@losgatosca.gov.  The agenda and reports will be available after 5:00 p.m. the Friday prior to the meeting on the Town's website at www.losgatosca.gov/AgendasAndVideos.

Draft Revised 6th Cycle Housing Element Resubmitted to HCD for Review

On November 28, 2023, the Town resubmitted the Draft Revised 2023-2031 Housing Element (November 2023) with modifications in response to the California Department of Housing and Community Development’s (HCD) Draft Preliminary Review Matrix received by the Town on November 7, 2023, to HCD for review and comment.  Materials distributed to HCD included the following: 

Seven-Day Public Review of the Revised Draft 6th Cycle Housing Element

The Draft Revised 2023-2031 Housing Element (November 2023) with modifications in response to the California Departement of Housing and Community Development’s (HCD) Draft Preliminary Review Matrix received by the Town on November 7, 2023, was made available to the public for a seven-day review period prior to HCD re-submittal.  The seven-day public review period was from November 16, 2023, to November 27, 2023.  The seven-day public review period is complete but public comments are still encouraged throughout the process.

Draft Revised 6th Cycle Housing Element Resubmitted to HCD for Review

On October 2, 2023, the Town resubmitted the Draft Revised 2023-2031 Housing Element to HCD for review and comment.  Materials distributed to HCD included the following: 


Background 

Government Code Section 65588.5 requires jurisdictions to have adopted a Housing Element that is in substantial compliance with State Housing Element law no later than January 31, 2023.  The Town adopted its Housing Element on January 30, 2023, and made findings regarding why the Town considered the Housing Element to be substantially compliant with State Housing Element law as written in Resolution No. 1 to Adopt the Housing Element.  The Town is working with the state Department of Housing and Community Development to get the Town’s Housing Element certified by the State.

Consequences for Late Housing Elements

State Assembly Bill 215 has amended Government Code Section 65588 to add the following penalties for towns and cities without an adopted and certified Housing Element:

  • A court can remove a jurisdiction’s permitting authority.
  • A court can establish a streamlined ministerial planning application approval process.
  • A court can put a receiver in charge of a jurisdiction’s planning approval process.
  • After six rounds of revisions with HCD and two meetings with the Attorney General’s office, a court may find an entity’s Housing Element to be out of compliance with state law and utilize any of the following remedies:
    • Order entity to pay fines to the state housing trust fund, attorney fees to the plaintiff, or both.
      • Fines can range from $10,000-$100,000.
      • If a Housing Element has not been certified within three months of the judgment, the court can triple the fines.
      • If a Housing Element has not been certified within six months of the judgment, the court can increase the fines by a factor of six.

In addition, if a jurisdiction loses a challenge to its Housing Element in court, the jurisdiction may:

  • Be liable for the plaintiff’s attorney fees as well as its own attorney fees.

Information from California Department of Housing and Community Development (HCD).  In addition, the link below is the California Department of Housing and Community Development (HCD) ‘s handout summarizing consequences of non-compliance, as well as a list of funding sources and technical assistance programs that the State has established to assist jurisdictions in this work and to incentivize compliance.   

HCD’s Housing Element Compliance Incentives and Consequences Fact Sheet.

Continuing to Seek Housing Element Certification and Complete Necessary Rezonings

If HCD does not find a housing element to be in substantial compliance with state Housing Element law by May 31, 2023, then all rezoning required to provide adequate sites must be accomplished by January 31, 2024 (Government Code Section 65588(e)(4)(C)(i)).).  When a Housing Element is adopted after January 31, 2023, it cannot be found to be in compliance with State law until all necessary rezoning of housing element sites provided on the Sites Inventory is also adopted.  While the Town adopted its Housing Element on January 30, 2023, HCD has issued an opinion memo that a Housing Element is not properly adopted until HCD has determined that it substantially complies with State law.  This opinion has not been tested in the courts.  In addition, if the rezoning is not complete by January 31, 2024, HCD can revoke its findings that an adopted and certified Housing Element substantially complies with State law.

The rezonings as described in Implementation Programs AQ and AR (formerly programs BF and BG) of the 2023-2031 Housing Element are in progress, as shown in the timeline to the right.   The Council is the final decisionmaker on the rezonings and General Plan amendments.  Government Code Section 65588(e)(4)(C)(iii) states that when a housing element is adopted after January 31, 2024, it cannot be found to be in compliance with State law until all necessary rezoning is also adopted.

Housing Element Update Frequently Asked Questions

A Housing Element Update Frequently Asked Questions (FAQ) document has been created to discuss the Housing Element Overlay Zone proposed in the 2023-2031 Housing Element.  The questions and answers in the FAQ are intended to walk through the steps for how the Housing Element Overlay Zone will be implemented.  


Housing Element Timeline

  • Resolution 2021-032 Adopted by the Town Council to Establish the Housing Element Advisory Board (HEAB) – August 3, 2021
  • 17 HEAB Meetings: October 2021 – June 2023
  • Housing Element Community Meeting – March 31, 2022
  • Joint Study Session – Town Council, Planning Commission, and HEAB – April 6, 2022
  • Seven-Day Public Review Draft Period: August 29 – September 27, 2022
  • Initial Public Review Draft Submitted to HCD (first submittal): October 14, 2022
  • Planning Commission and Town Council Hearings on Draft Housing Element: January 2023 
  • HCD Comment Letter (on first submittal) Received: January 12, 2023
  • Housing Element Adopted by the Town Council: January 30, 2023
  • Adopted Housing Element Submitted to HCD (second submittal): February 13, 2023
  • Draft Revised Housing Element Submitted to HCD (third submittal): March 31, 2023 
  • Town Council Meeting:  April 4, 2023 
  • HCD Comment Letter (on second submittal) Received: April 14, 2023 
  • HCD Comment Letter (on third submittal) Received: May 30, 2023 
  • Housing Element Advisory Board Meeting: July 20, 2023
  • Housing Element Advisory Board Meeting: August 24, 2023 
  • Seven-Day Public Review Period: September 23 - September 29, 2023
  • Housing Element Advisory Board Meeting: September 28, 2023
  • Planning Commission Special Meeting to Recommend Adoption of the Draft Revised Housing Element to Town Council: November 15, 2023, continued to November 29, 2023 (WE ARE HERE)
  • Seven-Day Public Review Period November 17 - November 27, 2023
  • Tentative HCD Comment Letter (fourth submittal) Received: December 1, 2023
  • Tentative Town Council Meeting to Consider Adoption of the Draft Revised Housing Element: December 19, 2023
  • Tentative Certification HCD: 60 days after adoption and resubmittal to HCD

Zoning and General Plan Amendments Rezoning Timeline

  • Special General Plan Committee Meeting: July 20, 2023
  • Planning Commission Meetings to Consider Recommendation on the Zoning and General Plan Amendments: August 23, 2023 and September 13, 2023
  • Town Council Meeting to Adopt the Zoning and General Plan Amendment to Create the Housing Element Overlay Zone (HEOZ): October 3, 2023 
  • Town Council Meeting to Adopt the Zoning and General Plan Amendment to Create the Housing Element Overlay Zone (HEOZ): November 7, 2023.  Due to an error in the description of the project for the legal ad, the item has been re-noticed for the Town Council’s consideration. 
  • Town Council Meeting to Adopt the Amendments to General Plan Land Use Designations and Apply the HEOZ to the Sites Inventory of the Housing Element: October 3, 2023; continued to November 7, 2023 
  • Town Council Second Reading of Zoning Ordinance to Create the HEOZ: November 21, 2023
  • Town Council Second Reading of the Zoning Ordinance to Apply the HEOZ to the Sites Inventory of the Housing Element: November 21, 2023
  • Town Council Meeting to Apply the HEOZ to the 101 South Santa Cruz Avenue Site: December 5, 2023 (WE ARE HERE)
  • Tentative Effective Date of Zoning Code Amendments to Create the HEOZ: December 21, 2024
  • Tentative Effective Date of Zoning Code Amendments to Apply the HEOZ to the Sites Inventory of the Housing Element: December 21, 2023
  • HCD Deadline to Complete the Rezoning: January 31, 2024

Town Council Meeting – November 7, 2023, at 7:00 p.m. – Consider General Plan Amendment and Rezoning 

The purpose of this meeting is to consider changes to the Town’s development regulations.  No development or redevelopment of these properties will be considered by the Town Council at this meeting.

The Town Council met on November 7, 2023, at 7:00 p.m. in-person in the Town Council Chambers at 110 E. Main Street and via teleconference to consider adoption of amendments to the General Plan Land Use Element and Town Code to apply the Housing Element Overlay Zone to the sites listed in the Sites Inventory of the Town's Housing Element.

The Town encourages the public to send in written comments via email to HEUpdate@losgatosca.gov.  

The agenda and reports are available on the Town's website at www.LosGatosCA.gov/AgendasAndVideos. 

Seven-Day Public Review of the Revised Draft 6th Cycle Housing Element 

The Draft Revised 2023-2031 Housing Element was made available to the public for a seven-day review period prior to HCD re-submittal.  The seven-day public review period was from September 22, 2023 to September 29, 2023.  The seven-day public review period is complete but public comments are still encouraged throughout the process.

Housing Element Advisory Board Special Meeting - September 28, 2023

On September 28, 2023, the Housing Element Advisory Board reviewed and discuss the Town’s Draft Revised Housing Element addressing the California Department of Housing and Community Development’s (HCD) findings/comment letter received by the Town on May 30, 2023.   Following their review, they recommended that staff resubmit the Draft Revised Housing Element to HCD.  

The agenda, staff report, and an audio recording of the September 28, 2023, Housing Element Advisory Board meeting are available on the Town’s website at: https://www.losgatosca.gov/AgendaCenter.

Please find a track change version, a clean version of the Revised Draft Housing Element, and a copy of the response memorandum to HCD’s Findings/Comment Letter below:

JOINT STUDY SESSION - STATE HOUSING LAWS - September 12, 2023 at 7:00 p.m.

A Special Joint Town Council and Planning Commission Study Session was held to review State housing laws that apply to applications for housing projects in the Town, including: 

  • Senate Bill 330
  • The "Builder's Remedy"
  • Density Bonus Law
  • The California Environmental Quality Act (CEQA)

The Staff Report and PowerPoint are available for viewing. You can also view the video recording located on the Agenda and Minutes page. 

Housing Element Advisory Board Meeting - August 24, 2023, at 7:00 p.m.

The Housing Element Advisory Board met on August 24, 2023, at 7:00 p.m. to review and discuss portions of the Town's Interim Working Draft Revised Housing Element addressing the California Department of Housing and Community Development’s (HCD) findings/comment letter received by the Town on May 30, 2023. 

The agenda and staff report are available on the Town’s agenda center webpage.

Housing Element Advisory Board Meeting - July 20, 2023, at 7:00 p.m.

The Housing Element Advisory Board met on July 20, 2023, at 7:00 p.m. to review and discuss portions of the Town's Interim Working Draft Revised Housing Element addressing the California Department of Housing and Community Development’s (HCD) findings/comment letter received by the Town on May 30, 2023. 

The documents the HEAB considered are listed below and are available electronically:

The California Department of Housing and Community Development (HCD) Findings/Comment Letters Received April 14, 2023, and May 30, 2023

On April 14, 2023, the Town received HCD’s findings/comment letter on the Town’s Housing Element, as adopted on January 30, 2023, and submitted to HCD on February 13, 2023.

HCD found that the Town’s adopted Housing Element contained minimal revisions with the exception of utilizing minimum densities to calculate residential capacity and adding a few sites, but otherwise provided no content to address the other comments contained in HCD’s January 12, 2023, review.  For these reasons, HCD did not repeat its findings and referred the Town to that prior review (available below).   

On March 31, 2023, the Town submitted a revised draft Housing Element to HCD.  HCD has referenced this revised draft as a separate submission.

On May 30, 2023, the Town received HCD’s findings/comment letter on the Town’s revised draft Housing Element, as submitted to HCD on March 31, 2023.

Draft Revised 2023-2031 Housing Element Resubmitted to HCD for Review

On March 31, 2023, the Town resubmitted the draft Revised 2023-2031 Housing Element to HCD for review and comment.  Materials distributed to HCD included the following:

Seven-Day Public Review of the Draft  Revised Housing Element

On March 16, 2023, the Housing Element Advisory Board reviewed the revised Draft 2023-2031 Housing Element which included modifications to the Town Council adopted 2023-2031 Draft Housing Element, in response to the California Department of Housing and Community Development’s (HCD) Findings/Comment Letter received by the Town on January 12, 2023.  The Draft Revised 2023 -2031 Housing Element was made available to the public for a seven-day review period prior to HCD re-submittal.  The seven-day public review period was from March 23, 2023 to March 30, 2023. The seven-day public review period is complete but public comments are still encouraged throughout the process.

Housing Element Advisory Board - March 16, 2023

On March 16, 2023, the Housing Element Advisory Board reviewed the revised Draft 2023-2031 Housing Element which included modifications to the Town Council adopted 2023-2031 Draft Housing Element, in response to the California Department of Housing and Community Development’s (HCD) Findings/Comment Letter received by the Town on January 12, 2023.  Following their review, they recommended that staff resubmit the revised Draft Housing Element to HCD with modifications.  

The agenda, staff report, and an audio recording of the March 16, 2023, Housing Element Advisory Board meeting are available on the Town’s website at: https://www.losgatosca.gov/AgendaCenter.

Housing Element Advisory Board materials also included the following:

Adopted 2023-2031 Housing Element Resubmitted to HCD for Review

On February 13, 2023, the Town resubmitted the adopted 2023-2031 Housing Element to HCD for review and comment.  Materials distributed to HCD included the following:

Seven-Day Public Review of the Adopted 2023-2031 Housing Element

On January 30, 2023, the Town Council adopted the 2023-2031 Housing Element with modifications to the Sites Inventory, finding that it was in substantial compliance with State law.   The 2023-2031 Housing Element was made available to the public for a seven-day review period prior to HCD re-submittal.  The seven-day public review period was from February 3, 2023, to February 10, 2023.  The seven-day public review period is complete but public comments are still encouraged throughout the process.

Environmental Analysis available

The 2023-2031 Housing Element has been Adopted. 

On January 30, 2023, the Town Council adopted the 2023-2031 Housing Element with modifications to the Sites Inventory, finding that it was in substantial compliance with State law.   The staff report, attachments, and video of the meeting can be viewed on the Town’s website at https://losgatos-ca.municodemeetings.com/. 

The California Department of Housing and Community Development (HCD) Findings/Comment Letter

On January 12, 2023, the Town received HCD’s findings/comment letter on the Draft Housing Element. HCD determined that the Town’s Draft Housing Element addresses many statutory requirements but identified revisions necessary to comply with State Housing Element law.  HCD considered additional public comments that were submitted directly to HCD.

Planning Commission Meeting - January 11, 2023

On January 11, 2023, the Planning Commission made a recommendation to the Town Council to adopt the Draft 2023-2031 Housing Element. The staff report, attachments, and video of the meeting can be viewed on the Town’s website at https://losgatos-ca.municodemeetings.com/.

HCD Initial Review Draft Housing Element Submitted to HCD for Preliminary Review 

The 30-day Public Review Period is Complete but Public Comments Are Still Encouraged Throughout the Process

On October 14, 2022, the Town submitted the HCD Initial Review Draft Housing Element to HCD for preliminary review and comment. Materials distributed to HCD included the following:

Housing Element 2023-2031

Thank you for visiting the Town’s 2023-2031 Housing Element Update webpage.  The Town of Los Gatos is required to prepare an updated Housing Element for the period covering 2023-2031 by January 31, 2023. 

What is the Housing Element?

The Housing Element is the Town’s strategic plan for housing the Town’s present and future residents.  The State of California requires the Town to update its Housing Element every eight years.  The Town has begun updating its Housing Element for the next eight-year period, 2023-2031.

In accordance with State law, the Housing Element update must include, at the minimum, the following sections: 

  1. An analysis of housing needs of the Town’s population; 
  2. An inventory of housing sites to accommodate future growth;
  3. An analysis of housing constraints that impact housing production;
  4. Programs that implement the City's housing policies; and
  5. Action that promotes and furthers fair housing opportunities.

Housing Element Advisory Board

The Housing Element Advisory Board (HEAB) assists with the preparation of the Housing Element and provides recommendations on specific strategies, concepts, and/or policies to accommodate the Town’s Regional Housing Needs Allocation (RHNA) of 1,993 housing units for the next eight-year period (2023-2031).  More information on HEAB meetings, agendas and minutes are available on the HEAB Agenda and Minutes page. 

Join the Conversation

If you are interested in upcoming Housing Element update meetings, participation in the process or general information, send an email to HEUpdate@losgatosca.gov. To stay up-to-date on the most recent Housing Element news, be sure to sign up for Notify Me and subscribe to General Plan Update 2040.

Housing Element 2015-2023
On May 5, 2015, the Town Council adopted the 2015-2023 Housing Element for the Town of Los Gatos. The adopted Housing Element was certified by the State Housing and Community Development Department on May 20, 2015.

For more information, please contact Joel Paulson, Community Development Director.