For The Record Articles - Town of Los Altos Hills

The Town is thrilled to provide For the Record, a new feature in the Housing Element Hub and running in the City Manager’s weekly updates. The For the Record (FTR) articles are designed to cover important topics related to the Housing Element and its implementation.

Following a recent workshop on Multifamily Zoning, Objective Design Standards, and CEQA compliance, community feedback highlighted a need for deeper engagement. In response, "For the Record" was created to provide clear, direct answers to the most pressing questions. We’re committed to keeping the conversation going and addressing concerns raised by our residents.

Please access each week’s FTR article by clicking on the right-side margin of this page to find each week’s article.

For even more information about all things Housing Element, click here.

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9/27/24

For The Record (FTR) - The Facts about the Housing Element

What is the density anticipated in the Housing Element at Twin Oaks and the other two opportunity Sites?

The density anticipated in Housing Element for Twin Oaks and the other two sites can be seen below. The Scope of the Environmental Impact Report could be tailored to only study this much development. Interested to learn more refer to our Certified Housing Element.

Why Didn't I hear about this?

We have been talking about the Housing Element since January 19th, 2022. For a list of all the dates, the approved documents, the programs designed to meet our housing obligation, links to the council meetings, a copy of the approved Housing Element and other information follow this link. You'll see a list of all the meetings with links to lots of helpful information.

For the meeting on September 25th, we mailed invitations to properties within 500' of the Twin Oaks, published an ad in two newspapers, ran a reminder in this Weekly, posted a notice on the website, emailed a reminder to everyone who asked to be notified of upcoming meetings, and made multiple announcements at the Council meeting.

We will have another informational meeting on October 9th at 5pm. Stay tuned for more information. If you are interested to participate in the process come prepared. Check out our Housing Information and Resource Center. Read the Housing Element. Send questions in advance to our Interim Community Development Director, Jay Bradford jbradford@losaltoshills.ca.gov.

Can't we just scrap the opportunity sites and start over?

Anything is possible but revising the Housing Element opens the Town to a number of challenges and ramifications. Our next deadline imposed by Housing and Community Development (HCD) is to complete the rezone and the associated Environmental Impact Report by January 2026. If we miss that deadline the Town could face legal challenges or penalties if the revised element does not meet state requirements. In addition, the Town would be vulnerable to the "Builder's Remedy," which allows developers to bypass local zoning if housing plans aren't compliant. This has happened to other cities. The most recent example was Portola Valley which was de-certified earlier this year.

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10/04/24

For The Record (FTR) - The Facts about the Housing Element

Is Los Altos Hills required to have multifamily housing? Did the state have a role in determining the sites? How were sites selected?

Yes!

Los Altos is required to have multifamily housing. Yes, the state did have a role in site selection. The Town of Los Altos Hills identified three primary opportunity sites for inclusion of multifamily properties in its Housing Element: Foothill Community College, St. Nicholas School, and the Twin Oaks Court parcels which had a vigorous evaluation. The selection process for these sites involved several key considerations and steps, as outlined below.

Criteria for Site Selection

• Size and Developable Area:
  • The sites were chosen based on their size and the availability of developable land. For instance, the Foothill Community College site encompasses 122 acres, including over 20 acres of undeveloped space, making it suitable for multi-family housing development.
  • The Twin Oaks Court parcels, consisting of six parcels averaging 2 acres each, were identified as having a total of 12 acres, with each site potentially being developed individually to meet state criteria.
• Existing Infrastructure and Accessibility:
  • The sites were selected based on their access to existing infrastructure and utilities. For example, the Foothill College site is connected to the Los Altos Sewer Basin and has water service provided by the Purissima Hills Water District. It also has adequate transit accessibility via VTA's routes 40 and 52 and is located less than a quarter mile from I-280.
  • The St. Nicholas School site, similarly, was chosen for its existing infrastructure and suitability for development
• Institutional and Public Ownership:
  • The sites were primarily institutional or publicly owned, which facilitated the planning and potential development processes. For instance, the Foothill College site is a public college, and the St. Nicholas School is an institutional site.
• Potential for Multi-Family Housing:
  • The sites were evaluated for their potential to accommodate multi-family housing as required by Housing and Community Development. The Town planned to rezone these sites to allow for higher-density residential development, which will help meet the Regional Housing Needs Allocation (RHNA) requirements.

Conclusion

The selection of the three opportunity sites in the Town of Los Altos Hills' Housing Element was a comprehensive process that involved evaluating the size, infrastructure, ownership, and development potential of various parcels. The Town also engaged with the community and stakeholders to ensure that the selected sites met the needs and preferences of the residents. This strategic approach aimed to facilitate the development of multi-family housing and meet the RHNA requirements effectively.

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10/11/24

For The Record (FTR) - The Facts about the Housing Element

Why can't we just change course or start over?

In early 2023, after a great deal of work, collaboration, and community input, the Town of Los Altos Hills achieved a significant milestone—certifying our Housing Element. This certification ensured we met state requirements, avoided a wave of builder’s remedy applications, and positioned us to work towards compliance with our Regional Housing Needs Allocation (RHNA). But now, as we move toward Scoping the EIR for the Housing Element and preparing the forthcoming Zoning Ordinance, I understand that concerns have emerged within the community, particularly around the potential density allowed on certain opportunity sites, like the Twin Oaks property.

Some residents have expressed a desire to reduce the density allowed in the proposed Zoning Ordinance, particularly out of concern for what could theoretically be built on these sites. While I understand and appreciate these concerns, I want to explain why it is crucial that we proceed with caution and not revise the Zoning Ordinance in a way that conflicts with our certified Housing Element.

Why we must avoid revising the Housing Element or inconsistent changes between the Zoning Ordinance and Housing Element

Revising the Zoning Ordinance to limit density beyond what the Housing Element already prescribes would force us to re-open the Housing Element process. Similarly, starting over and simply revising the Housing Element would also result in re-opening the Housing Element process. Doing so would expose the Town to a host of challenges:

1. Legal Risks: A revised Housing Element could draw challenges from housing advocates and organizations (which have issued numerous comment letters during our original Housing Element review periods), which could argue that the Town is intentionally limiting housing opportunities in a way that undermines our commitments under state law.
2. Trigger "No Net Loss" Provision: If the Town reduces the acreage identified in the HCD Certified Housing Element this could trigger what is called a "Not Net Loss" provision of Housing Law. No Net Loss refers to a policy that requires local governments to maintain an adequate inventory of land zoned for housing to meet their Regional Housing Needs Allocation (RHNA). This could lead in turn the town needing to identify additional opportunity sites and programs to make up for what HCD would consider lost housing inventory.
3. State Review: Given how difficult it was in getting the certification we did receive from HCD, it is highly unlikely that they will entertain a revision of this magnitude without identifying additional opportunity sites. Opening the Housing Element would clearly invite comments and challenges that would cost the Town additional time, money, and may result in additional opportunity sites and programs beyond what have already been included in the Certified Housing Element.
4. Builders Remedy: Losing our Housing Element certification would open the door to builder’s remedy applications, where developers could propose projects without regard to local zoning limitations, which could result in far more density and impact than anyone currently envisions.

In other words, revising the Zoning Ordinance now, in a way that conflicts with the Housing Element, or simply starting over with a new Housing Element, risks unraveling everything we’ve worked so hard to achieve and putting the land use control we have today in jeopardy.

An Alternative Path: Responsible Planning with Flexibility

So, how do we address resident concerns while keeping our Housing Element intact? Staff is proposing a solution that maintains consistency with our Housing Element but allows flexibility in the zoning implementation.

One path that we heard over the course of our scoping meetings with the public was to limit the scope of the Environmental Impact Report (EIR) to study a density that is lower than the maximum allowable density however consistent with the net yield we identified in the Housing Element that HCD Certified. That means studying a net density at Twin Oaks of 92 Units. This approach allows us to focus on the actual, more realistic development potential considering the limitations of the area and proximity to neighbors; while ensuring we remain compliant with state law. As required in an EIR we will need to review two additional alternatives. Those two limited alternatives will be determined once we have closed the comment period of the EIR Scoping, later this month.

By pursuing this approach we create a solution that:

•  Maintains consistency between the Zoning Ordinance and the Housing Element, protecting the certification we've worked hard to achieve, and gives use greater land use control and leverage.
• Preserves our timeline, keeping us on track to meet the January 2026 deadline for adopting the Zoning Ordinance, Objective Design Standards, and EIR.
• Positions us for success in meeting our RHNA targets by the end of this 8-year Housing Element cycle, avoiding penalties and keeping our community in compliance.
   

By staying the course and making thoughtful adjustments where appropriate, we can address legitimate community concerns without jeopardizing the Housing Element and the future planning of Los Altos Hills. It is essential that we do not lose sight of the bigger picture and the significant progress we've made so far.

Thank you for your continued engagement in this important issue. Together, we can ensure responsible and sustainable development for our community’s future.

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10/11/24

For The Record (FTR) - The Facts about the Housing Element

Why wasn’t I notified of public information surrounding the Housing Element?

Why wasn't I notified of this?

Some people have expressed concern that they have not received notification of upcoming meetings such as the Scoping Meeting or Workshops for the Housing Element. Are you interested to get and stay informed on Town business.

Here are the ways we communicate.

1. This Weekly has meeting schedules, recaps, and calendared events. Subscribe and get updates and see past issues HERE
2. You can sign up to receive agenda notifications of our agendas HERE
3. We physically post council meetings notices in three locations (Town Hall, Christopher Lane/PageMill Road, and Summerhill Avenue/Magdalena Road)
4. We regularly publish Housing Element related items in the Town Crier and/or the Daily Post depending on time constraints
5. We Have a Housing Element HUB were we keep information about the Housing Element including a running chronology HERE
6. At the bottom of that page we have a sign up icon for those that want to be informed about the Housing Element . Click HERE (And scroll to the bottom)
7. For the Twin Oaks neighborhood Workshop held on September 25th we sent mailers to all the properties within 500' of the Twin Oaks Site and at that meeting we announced the meeting held on October 9th.
    

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10/18/24

For the Record: Next steps in the Environmental Impact Report and Objective Design Standards

Next Steps in the EIR Process

Looking ahead, the Town is entering the next phase of the EIR process. This will include the preparation of the Draft Environmental Impact Report (DEIR), where the potential environmental impacts of the rezoning will be analyzed in detail. The DEIR will address key issues such as traffic, noise, environmental sustainability, and potential changes to neighborhood character resulting from the rezoning of single-family properties to multi-family use. Once completed, the DEIR will be made available for public review and comment, ensuring continued community engagement.

Objective Design Standards and Their Role in the EIR

As we move forward, the Town is also developing Objective Design Standards to guide the future development of multi-family housing. These standards will ensure that new developments meet a high bar for architectural quality, neighborhood compatibility, and sustainability. Importantly, these standards are tied to the EIR process as they will help mitigate potential environmental impacts identified during the review. By establishing clear design guidelines, the Town aims to harmonize new developments with existing community aesthetics while ensuring compliance with state housing laws.

We encourage residents to stay engaged in this process as it continues to evolve. Public input remains a vital component in ensuring that the Town's rezoning efforts reflect both the legal requirements and the values of our community

For more information on the Housing Element implementation or the EIR process, please visit the Town’s website clicking HERE or by contacting the Planning Department directly.

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10/25/24

Save the Date: Housing Element Forum - November 18, 5-7 PM

We invite you to join us for an informative Housing Element Forum on November 18, from 5-7 PM. This event will feature experts sharing insights on the Housing Element, perspectives from other communities working through the compliance process, insights about the state’s housing compliance trajectory, and what we can learn from real-world experiences. Whether you're curious about how the Housing Element impacts our Town or want to stay informed about what's next in the process, this forum is designed to provide valuable knowledge.  We will be sharing a link to provide questions in advance so we can tailor the discussion.  Mark your calendars and stay tuned for more details!  Look out for a Postcard, an ad in the local paper, social media posts and more advertisements coming your way.

Was the requirement to designate 50 lots as sites for duplexes and triplexes if the current “opportunity sites” fail to yield enough units discussed or approved at the Planning Commission or City Council level?  Who made that requirement part of the Housing Element?  At what point in the process was this requirement added?

The requirement to designate 50 lots as sites for duplexes and triplexes if the current “opportunity sites” fail to yield enough units was indeed discussed and approved at both the Planning Commission and City Council levels. This requirement was added as part of the Housing Element to ensure compliance with state housing mandates and to address the Regional Housing Needs Allocation (RHNA).

Discussion and Approval at Planning Commission and City Council Levels

1. Planning Commission Approval: The Planning Commission discussed and recommended the adoption of the Housing Element, including the requirement to designate 50 lots for duplexes and triplexes, on January 27, 2023.
2. City Council Approval: The City Council conducted a public hearing and adopted the updated Housing Element on January 30, 2023. This final version included the revisions made in response to the California Department of Housing and Community Development (HCD) comments, which encompassed the requirement to designate 50 lots for duplexes and triplexes.

Origin of the Requirement

The requirement to designate 50 lots for duplexes and triplexes was added to the Housing Element in response to feedback from the HCD. The HCD provided a comment letter on January 25, 2023, outlining areas where the Housing Element could be enhanced to achieve certification. These areas included enhancing analysis and descriptions of base conditions and housing factors, responding to questions relating to site-specific owner interest in development, and enhancing programs to affirmatively further fair housing (AFFH).

Addition to the Housing Element

1. HCD Feedback: The HCD's feedback necessitated the inclusion of additional programs and clarifications to ensure the Housing Element met state requirements. This included the requirement to designate 50 lots for duplexes and triplexes as a contingency if the current opportunity sites did not yield enough units.
2. Revisions Based on HCD Comments: The Town staff and consultants prepared updates to the Housing Element to address all of HCD’s requests. These updates included the requirement to designate 50 lots for duplexes and triplexes to ensure compliance with the RHNA and to provide additional housing opportunities.
3. Final Approval: The final version of the Housing Element, including the requirement to designate 50 lots for duplexes and triplexes, was adopted by the City Council on January 30, 2023, after incorporating the necessary revisions based on HCD’s feedback.

Conclusion

The requirement to designate 50 lots as sites for duplexes and triplexes was a result of the collaborative efforts between the Planning Commission, City Council, and HCD to ensure the Housing Element met state housing mandates. This requirement was added during the revision process based on HCD’s comments and was formally approved by the City Council on January 30, 2023.

Was the Housing Element Changed from the time the Planning Commission Approved it on January 27th and the Council approved it on January 30th.

Yes, the Housing Element did undergo changes between January 27, 2023, when it was approved by the Planning Commission, and the final approval by the City Council. The changes were made in response to comments and requests from the California Department of Housing and Community Development (HCD).

1. Initial Approval by Planning Commission: On January 27, 2023, the Planning Commission recommended the adoption of the Housing Element.
2. HCD Comments: On January 25, 2023, HCD provided a comment letter outlining areas where the Housing Element could be enhanced to achieve certification. These areas included enhancing analysis and descriptions of base conditions and housing factors, responding to questions relating to site-specific owner interest in development, and enhancing programs to affirmatively further fair housing (AFFH).
3. Revisions Based on HCD Feedback: The Town staff and consultants prepared updates to the Housing Element to address all of HCD’s requests. These updates included additional clarifications and programs to serve the policies and goals previously adopted in the 2023-2031 Housing Element. No previously adopted policies and goals were deleted or altered. The additional clarifications and programs were responsive to changes requested by HCD.
4. Final Approval by City Council: On January 30, 2023, the City Council conducted a public hearing and adopted the updated Housing Element. The final version included the revisions made in response to HCD’s comments.
5. Further Updates and Public Review: Additional updates were made to the Housing Element, and a seven-day public review period was provided. The updated Housing Element was uploaded to the Town’s website for public review and comments, and the link was emailed to all individuals and organizations that had previously requested notices relating to the Town’s Housing Element.

In summary, the Housing Element was revised between the Planning Commission's approval on January 27, 2023, and the City Council's final approval on January 30, 2023, to incorporate feedback from HCD and ensure compliance with state requirements.

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11/1/24

For the Record (FTR) - The facts about the Housing Element

How is the Twin Oaks rezoning different from the 450-unit 14859 Los Gatos Blvd (North 40 Phase II) project proposed in Los Gatos?

There recently has been some concern that the Twin Oaks could resemble a housing proposal in Los Gatos that seems to be using bonus density to achieve higher density.

The proposed development at 14859 Los Gatos Boulevard, part of Los Gatos’ "North 40" area, proposes to construct a mixed-use development containing 437 residential units on a site within the Los Gatos North Forty Specific Plan. As Los Gatos describes it, the North Forty Specific Plan is a long-term development framework for a 44-acre area in Los Gatos, bounded by Highway 17, Highway 85, Los Gatos Boulevard, and Lark Avenue. Adopted to support the community’s housing and commercial growth goals, the plan allows for mixed-use developments, including residential, commercial, and recreational spaces, while maintaining the area’s agrarian roots.

The first phase of this North 40 development project introduced retail spaces and housing, including the Walnut Grove project, which provides affordable senior apartments. Phase II as we understand is focused on expanding affordable housing, but will also feature a community park, public open spaces, and pathways to enhance connectivity and outdoor recreation.

Located on the corner of two major highways, it is near amenities, public transit, infrastructure, developed roadway systems and in a thriving urban core. In addition, the project is walking distance from Good Samaritan Hospital with more plans for health care facilities being planned in the future making it ideal for higher density senior housing.

In the case of the Twin Oaks, at the outset there is currently not a concrete project application being submitted for the site. The Town has not yet rezoned the Twin Oaks site as it is currently in the process of doing so. Secondly, the Twin Oaks site is not covered by a specific plan, since the current zoning is the R-A zone with no systematic development plan.

The absence of a specific plan could mean that development proposals are submitted in a piecemeal fashion and don’t include integrated recreational or commercial features. This could lead to reducing the ability to later incorporate amenities like public parks, transit-oriented pathways, or community spaces that Los Gatos has embedded in its North Forty project.

On the other hand, the lack of a specific plan can provide the municipality with an opportunity to consider long-term planning goals and development objectives. In any event, adoption of a specific plan is a long-term planning strategy that requires careful consideration and review.

The Twin Oaks site is not the subject of those complex discussions, nor is there a definitive development proposal being pursued at these parcels, as the Town will need to accomplish the required rezoning first pursuant to its Housing Element. Finally, Twin Oaks is not adjacent to public amenities, transit, a developed roadway system or other conveniences that would warrant a high density housing development as seen in Los Gatos. The Housing Element and the EIR scoped for the Twin Oaks invasions 92 units on the site versus 400+ envisioned by the Los Gatos Specific Plan.