Housing Element FAQ's
FAQs
What Are the Components of a Housing Element?
- Housing Needs Assessment: Examine demographic, employment, and housing trends and conditions that affect the community's housing needs.
- Evaluation of Past Performance: Review the prior Housing Element to measure progress in implementing policies and programs.
- Housing Sites Inventory: Identify locations of available sites for housing development or redevelopment to ensure that there is adequate capacity to address the Regional Housing Needs Allocation (RHNA).
- Community Outreach and Engagement: Implement a robust community outreach and engagement program, with a particular focus on outreach to traditionally underrepresented groups.
- Constraints Analysis: Analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development.
- Policies and Programs: Establish policies and programs to fulfill the identified housing needs
How is a Jurisdiction's Housing Need Determined?
The State of California determines the number of homes that are needed for the Bay Area, consistent with state law. The Association of Bay Area Governments (ABAG) then distributes a share to each local government in the nine (9) Bay Areas counties. Each jurisdiction is assigned a portion of the regional need at various income levels based on factors such as future population, access to jobs, and other factors. This assignment is known as the Regional Housing Need Allocation (RHNA) and is intended to promote the following objectives:
- Increase the housing supply and the mix of housing types in an equitable manner
- Promote infill development that encourages alternatives to solo driving and reduces greenhouse gas emissions
- Balance jobs and housing
- Discourage housing development patterns that segment communities
- Affirmatively further fair housing
Each jurisdiction must ensure there is enough land with appropriate zoning to accommodate its RHNA allocation in its Housing Element.
What is the Town of Los Altos Hills' RHNA Allocation for 2023-31?
With a projected growth of over 441,000 households for the Bay Area, Los Altos Hills was assigned the housing need allocation included below.
Town of Los Altos HIlls 2023-2023 RHNA Allocation
| Household Income-Level | Number of Housing Units |
|---|---|
| VERY LOW (< 50% of Area Median Income) | 125 |
| LOW (50-80% of Area Median Income) | 72 |
| MODERATE (80-120% of Area Median Income) | 82 |
| ABOVE MODERATE (>120% of Area Median Income | 210 |
| TOTAL ALLOCATION | 489 housing units |
Source: FINAL REGIONAL HOUSING NEEDS ALLOCATION (RHNA) PLAN: San Francisco Bay Area, 2023 -2031
*Note: To ensure that sufficient capacity exists in the Housing Element to accommodate the RHNA throughout the planning period, HCD recommends a buffer in the Housing Element inventory of at least 15 to 30 percent more capacity than required, especially for capacity to accommodate the lower-income RHNA. Thus, when planning for housing units, we would need to add a buffer of at minimum 15%.
The tables below define affordability levels by county; these are the State Income Limits for 2021 by county as calculated by the state. Area Median Income in Santa Clara County is $151,300.
Income Limits: Santa Clara County
Household Income Limits Santa Clara County 2021
| Income Category | Percent of median income | Annual income (1-person household) | Annual income (2-person household) | Annual income (3-person household) | Annual income (4-person household) |
|---|---|---|---|---|---|
| Extremely low | 30% | $34,800 | $39,800 | $44,750 | $49,700 |
| Very low | 50% | $58,000 | $66,300 | $74,600 | $82,850 |
| Low | 80% | $82,450 | $94,200 | $106,000 | $117,750 |
| Median | 100% | $105,900 | $121,050 | $136,150 | $151,300 |
| Moderate | 120% | $127,100 | $145,250 | $163,400 | $181,550 |
How Does the Town’s Housing Element Address Fair Housing?
- The 2023-31 Housing Element introduces a multi-family overlay zone for the first time in the Town’s history. The overlay zone provides an additional layer of development opportunities for multi-family projects on sites that were evaluated to be suitable for such development based on a number of factors.
- The multi-family zones will accommodate density at a minimum of 20 dwelling units per acre on one site, and 30 dwelling units per acre on two other sites.
- The new multi-family zones are additional sites within existing single family zones where new development will occur including through ADUs and SB 9 units as evidenced by past development trends in Los Altos Hills.
- This creates low-income housing opportunities in high-resource areas and establishes a new inclusive zoning and land use pattern.
- The Housing Element also includes programs to continue supporting the development of housing projects, including ADUs and SB 9 units. For instance, there are programs committed to creating further streamlined submittal and approval processes, waiver of fees, and review of relevant zoning rules to remove development constraints.
- The Town is committed to fulfilling its share of the Sixth Cycle regional and fair housing needs. As referenced in the adopted Housing Element, the Town is one of the few cities or towns in California that actually met its overall RHNA goal and actually produced almost all of the units in each income category set by its RHNA obligation in the recently completed Fifth Cycle.
- The Town’s Fifth Cycle RHNA goal was 121 units. We produced 153 units in total, well exceeding the threshold.
- The Town also produced all of the required number of units in the Very-Low, Low- and Above-Moderate income categories and were only 8 units short in the Moderate Income category.
What is Builder’s Remedy?
Builder's remedy is a state housing law provision that may require local agencies to approve affordable housing projects notwithstanding local zoning rules, if the city does not have a housing plan in substantial compliance with HCD.
A city retains discretion to deny a builder’s remedy project if it has adopted a housing element in substantial compliance with state law and the project is inconsistent with its general plan and zoning standards.
What is the Status of Builder’s Remedy Proposals in Los Altos Hills?
The Town received two builder’s remedy project proposals on February 1, 2023, and two other project proposals on February 2 and 6, respectively.
Proposal 1
- Two projects are proposed on two separate lots at 10728 and 10758 Mora Drive.
- The proposals are mostly similar for each lot: 44 units, 5-7 story condominium development, with 9 units reserved for low-income households and 35 market-rate units.
Proposal 2
- Two projects are proposed on one lot at 11511 Summit Wood Road.
- One version of the project proposes 5 units (1 low-income unit), and the other proposes 20 units (4 low-income units)
The Town’s Planning Department is in receipt of the proposals and will communicate next steps to the applicants within relevant timeframes.
Is the Town’s 2023-31 Housing Element in Substantial Compliance with State Laws?
Yes. HCD certified the Town’s 6th Cycle Housing Element in substantial compliance with State Housing Element Law on May 30, 2023. The Town became the third jurisdiction in Santa Clara County to achieve HCD certification in the 6th Housing Element cycle.
What are the benefits of a certified Housing Element?
• Compliance with state laws: The Town is able to meet mandatory timelines and regulations under California’s housing element law and other housing laws.
• Eligibility for funding: Los Altos Hills becomes eligible to access state and federal funding programs designed to support affordable housing initiatives.
• Protection against legal challenges: A certified Housing Element provides a level of protection against legal actions related to housing compliance because courts will presume the Housing Element is in compliance with state laws.
• Extended deadline for rezoning, objective design standards, and Program EIR (CEQA review): By receiving HCD’s certification before May 31, 2023, the Town has up to three years after the statutory deadline to complete rezoning and environmental review, by January 31, 2026. Otherwise, state law would have required the Town to complete its rezoning and environmental review by January 31, 2024.
How does Housing Element Certification affect affordable housing development in Los Altos Hills?
A certified Housing Element provides a comprehensive plan for the provision of affordable housing, mobility and access, and fair housing opportunities. While affordable housing development takes time to be carried out, this certified housing plan demonstrates the Town’s commitment to address the community’s housing needs and provides a framework to guide future housing development decisions. In addition, the Housing Element will help facilitate the creation of policies and programs to result in affordable housing production over time.
Will the certified Housing Element impact the Town’s semi-rural character?
We understand the concerns raised by some residents about potential impacts to our semi-rural character and pattern of development. However, it is important to emphasize that our approach to housing development is carefully balanced, taking into account both the need for increased housing options and the preservation of our unique community identity.
Can developers apply for a builder’s remedy project in Los Altos Hills?
It is important to clarify that projects seeking to rely on the “builder’s remedy” provision under state law are housing development projects. Neither state law nor the Town has a separate permit and review procedures for these proposals. Should an applicant submit a “builder’s remedy” application, the Town will process and review that proposed project in the same manner as other housing development applications.
State law does impose certain affordability requirements on a project citing to the builder’s remedy and provide several bases upon which a city may deny such a project, one of which is that the city has a substantially compliant housing element and the project is inconsistent with the city’s general plan and zoning standards.
Whom should I contact for more information about current builder’s remedy applications in Los Altos Hills?
Please submit a public records request (PRA) to the City Clerk to obtain information regarding builder’s remedy applications that have been submitted to the Town.