Regarding our Comment presented for the 6/4/24 Council meeting – Item 17
Rob, we would be delighted to sit down with you and fully explain our concern. If you didn’t understand our letter, why not reach out directly and ask us for clarification? Wouldn’t that have been the responsible action to have taken as opposed to posting nonsense on NextDoor? How is that helpful to anyone?
To be clear the LGCA letter simply advocated the TC fully understand the impact of the State’s “no net loss rules” on the draft Housing Element since the Housing Element site inventory does NOT reflect the planned development of the North 40 and Los Gatos Lodge parcels. We trust you understand this.
The planned development for these parcels will result in materially less affordable units being built than what the Housing Element site inventory has planned and result in the Town not meeting its RHNA affordable housing requirement. We are surprised that you are seemingly not concerned about this.
This shortfall will trigger the State’s “no net loss” rules that are onerous. Understanding the impact of the “no net loss rules” on the certification status of the HE prior to adopting the HE seemed prudent to the LGCA. Why would you not want a full and complete understanding of the State housing law?
We are reminded of your claims during the January 30, 2023 TC meeting when you voted to adopt an earlier draft of the HE claiming that it substantially complied with State Law and would prevent any Builder Remedy applications. You were wrong then and clearly didn’t understand State Law. As a result of this irresponsible action (making a legal finding of compliance without ANY supporting evidence is irresponsible) we are now in today’s mess.
The LGCA requested Staff to explain to the TC the planned “cure” to the “net loss“ of affordable housing units stemming from these two developments. We did this to avoid finding ourselves in the same position we did on January 30, 2023 – namely rushing to take an action in the name of preventing Builders Remedy applications based on an incomplete understanding of the State’s housing laws.
Please feel free to contact us if you truly wish to engage in a reasonable and constructive conversation on this matter. De-certification of the HE by HCD is a very real possibility if the Town is unable to properly cure a “net loss”. We don’t have to explain to you what that means with regard to any future BR applications.
Some of the above will again be covered in a response to recent comments on Next Door.