An update from Vice-Chair Matthew Hudes 12-17-23

Because Los Gatos still has not had its Housing Element document approved by the State (after 4 attempts), developers have been applying to the Town for building permits while trying to claim they have the right to a “Builder’s Remedy.”  As you may know, a “Builder’s Remedy”, if granted, would limit the Town’s ability to alter/guide the proposed development, providing “almost automatic” approval.  In just this year, we’ve already received 8 proposals, totaling at least 1,244 units of our 8-year requirement to plan for 1,993 units. Some of these are trying to claim the right of a “Builder’s Remedy,” and you can see a list of all 8 proposals, below.

As I have mentioned before, I support reasonable & guided increases in housing – Housing projects that meet (but don’t vastly exceed) State requirements, and that particularly address the needs of our older adult population and our lower income residents, and that minimize as much as possible impacts on traffic, water supply, fire safety, schools, etc.

The Town has missed deadlines and has failed 4 times to produce a Housing Element that the State will certify.  The sooner the town submits a Housing element to the State that is acceptable to the State and that they certify, the sooner we will stop developers from trying to claim a right to a Builder’s Remedy.  And the sooner we can ensure we avoid the looming threat of a possible State takeover of our permitting and development approval processes.

Some may say that there is nothing that the Town can do because everything is driven by the State and that there are other cities that have not achieved certification, either.  My experience of five years on our Planning Commission and three years on the Council tells me differently:  A responsible Council can and should adopt measures to provide reasonable housing opportunities that comply with State mandates without vastly exceeding them.  And a responsible Council must take responsibility for guiding the Town toward certification.

At the upcoming Council meeting, I will be proposing some actions for the Council to take to help ensure the Town gains certification as soon as possible.

This is an opportunity for you to participate and urge the Council and Staff to achieve State certification of our Housing element document.  The meeting will be tomorrow, Tuesday, December 19 at 7:00PM in person at 110 E. Main St. or on Zoom  https://losgatosca-gov.zoom.us/j/85379428243?pwd=b3QzdklOUXRxaG5XQ2dSN3c0U0NLdz09

Passcode: 192366

If you have thoughts or questions about any of this, please let me know. You can contact me at matthew@matthewhudes.com.

Thanks again for staying involved, and I will keep working for you.

Matthew Hudes
Vice Mayor, Town of Los Gatos

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Background on Housing Situation

1.    Infrequent and canceled Housing Element Advisory Board meetings, including change of Town housing consultants

2.    Weak objective standards by which projects can be evaluated during the “by right” approval process (A result of a 3-to-2 vote of Town Council)

3.    Diminished public notification of building height and mass due to relaxed “story pole” requirements (A result of a 3-to-2 vote of Town Council)

4.    Wasted time and money on extensive effort put into a General Plan Land Use Element that vastly exceeded State requirements (which was subsequently suspended due to a referendum petition) instead of first focusing on the Housing Element deadline (A result of a 3-to-2 vote of Town Council)

5.    Denial of Council review of Housing Element before staff submits for State review (A result of a 3-to-2 vote of Town Council)

6.    Lack of requirement for frequent meeting of Housing Element Advisory Board (A result of a 3-to-2 vote of Town Council)

7.    Refusal to publish notes from meetings with the State regarding the Housing Element (A result of a 3-to-2 vote of Town Council)

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Bottom line:

I champion efforts to achieve more affordable housing, and the Town needs these options.  However, increasing density can also result in luxury housing that “crowds out” affordable housing opportunities.

As an example of how public involvement can have an impact, a recent voter petition reinstated the #1 Land Use Goal: “to preserve, promote, and protect the existing small-town character and quality of life within Los Gatos” that had been removed by 3-2 Council vote.  With your participation, we can guide Los Gatos into a future that provides housing opportunities in our wonderful Town.

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More reading:

SB 330 including Pre-Applications

https://www.losgatosca.gov/2875/Senate-Bill-SB-330

Formal Applications

https://www.losgatosca.gov/2216/Pending-Planning-Projects

Housing Element

https://www.losgatosca.gov/1735/General-Plan—Housing-Element

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I am always open to information provided at public hearings. I will not express a final opinion until the Council votes on these matters.  Any expression is by me as an individual, not by the Council.