Los Altos Housing Element

The Housing Element is part of the City’s General Plan, which sets forth guiding policies for future development. The requirement for each city to adopt a General Plan is contained in state law which also lays out specific requirements for each element. The Housing Element provides an overarching statement of City policies and programs to maintain and improve existing housing, and also accommodate the City’s fair share of population growth needs. The requirements in state law for Housing Elements include the following:

• Ensure adequate sites for new housing for persons of all income levels;
• Encourage and facilitate the development of affordable housing;
• Conserve and improve the existing affordable housing stock;
• Analyze and remove governmental constraints on new housing development;
• Promote equal housing opportunities; and
• Preserve assisted housing.

California’s State Department of Housing and Community Development (HCD) gave final approval of the document on September 6, 2023. This approval—or certification—of the Housing Element allows for the city of Los Altos to maintain control over the development process while implementing all the programs that are included within the Adopted 6th Cycle Housing Element. A city’s Housing Element is commonly referred to as a “contract with the state of California” in that it legally obligates a city to implement all programs as contained within the document.  

The Adopted Housing Element, which comes under the housing element of Los Altos’ General Plan, requires rezoning of mixed-use areas. State law requires cities and counties to rezone parts of their communities to allow for more housing which, in general, includes more dense housing such as multi-family development of apartments and condominiums. Rezoning explicitly removes the Floor Area Ratio (FAR) limitation from such properties. 

Public participation has been crucial in shaping Los Altos’ housing strategy. Understanding the community's needs and desires enabled the development of the Housing Element strategies that are most appropriate and effective for the community as a whole. As part of the development of this Housing Element, the City’s public participation program included a wide range of focus group meetings, community workshops, and meetings with the Planning Commission and City Council, as well as a variety of online resources and comment forms, and printed and online advertisements within the local newspaper.  

The following events were completed during the housing element process: 

Pop-Up Events: 

• Tree Lighting/First Friday in Downtown Los Altos: December 3, 2021 
• Grant Park Community Center: December 8, 2021 
• Los Altos Library: December 10, 2021 
• Mini Holiday Market at State Street Market: December 20, 2021 
• Woodland Library: January 5, 2022 
• Draegers: February 25, 2022 
• Los Altos Library: March 10, 2022 
• Grant Park Community Center: March 23, 2022 

Focus Group Meetings: 

• Housing Advocates: December 8, 2021 
• For- and Non-Profit Housing Developers: December 15, 2021 
• The City also conducted a meeting with the business community on April 7, 2022 

Small Group Meetings: 

• A series of over 25 small group meetings occurred from January to March 2022 which included over 120 participants and interested parties including Los Altos Village Association, Los Altos for Neighborly Development, property owners, residents, Friends of Los Altos, the Los Altos Women’s Caucus, Los Altos Affordable Housing Alliance, and others. These meetings allowed individuals and groups to ask questions, learn more about the Housing Element update process, and provide input. 

Community Workshops: 

• Community Workshop #1: January 13, 2022 (presentation materials were translated into both Spanish and simplified Chinese) 
• Community Workshop #2: March 1, 2022 (a Spanish interpreter provided interpretation services) 

City Council and Planning Commission Study Sessions 

• Planning Commission and City Council Study Session #1: December 14, 2021 
• Planning Commission and City Council Study Session #2: April 26, 2022 

Draft Housing Element Public Review Period and Meetings 

• Planning Commission: July 7, 2022 
• City Council: July 12, 2022 

Draft Housing Element Study Session Post 90-day HCD Review:

• Based on the input received from HCD in its November 10, 2022, findings letter, the Los Altos City Council conducted a Study Session on November 29, 2022, to discuss the necessary revisions to the Draft Housing Element. 

Community Engagement Efforts Post 90-day HCD Review:

• November 18, 2022 – Small Group Meeting with the Los Altos Affordable Housing Alliance 
• November 30, 2022 – Small Group Meeting with Nonprofit Dignity Moves a Bay Area Transitional and Supportive Housing Developer 
• December 7, 2022 – Presentation and Q&A to Los Altos Chamber of Commerce 
• December 12, 2022 – Small Group Meeting with Los Altos Seniors 
• December 16, 2022 – Presentation and Q&A to Los Altos Community Coalition 
• December 16, 2022 – Small Group Meeting with Los Altos Residents 
• December 16, 2022 – Presentation and Q&A to League of Women Voters 

The City of Los Altos’ RHNA is 1,958 units:

• Very Low Income (Less than 50% of Area Median Income): 501 units
• Low Income (50-80% of Area Median Income): 288 units
• Moderate Income (80-120% of Area Median Income): 326 units
• Above Moderate Income (More than 120% of Area Median Income): 843 units

The City’s RHNA represents a planning target and is not a building quota. The Housing Element Update must show how Los Altos will accommodate the RHNA on sites that are realistic for housing development within the eight-year housing element period (2023-2031) consistent with State law and guidance.

State and Federal definitions of housing affordability are generally based on the standard of spending no greater than 30% of household income on housing costs, including utility payments, taxes, insurance, homeowner association fees, etc. Affordable housing is relative to the amount households of different income levels and sizes can afford to pay for housing. Affordable income categories (i.e., very low, low, moderate, and above moderate) are based on percentages of the Area Median Income (AMI) for Santa Clara County.

Because the RHNA projection period for the 2023-2031 Housing Element begins on June 30, 2022, housing developments that are approved or under review and are not expected to be issued a certificate of occupancy by June 30, 2022, but are expected to be completed before the end of the planning period (October 15, 2031), can be credited toward RHNA. These projects are often referred to as “pipeline projects”. The City’s website has information about pipeline projects HERE. Properties where pipeline projects are located are not considered for the sites inventory to avoid double counting.

The zoning for lower income sites must be deemed appropriate to accommodate low and very low-income RHNA. State law allows jurisdictions to use higher density as a proxy for lower income affordability. In March 2022, the density threshold for lower income sites in Los Altos was updated to 30 units per acre based on the 2020 Census (see State guidance HERE). In mixed-use zones where there are no maximum density standards, development trends are anticipated to be applied to determine whether those zones could be considered appropriate for accommodating the lower income density threshold.

As established by AB 686, the City is required to identify sites throughout the community, consistent with its duty to affirmatively further fair housing (AFFH). Sites must be identified and evaluated relative to the full scope of the assessment of fair housing including segregation and integration, racially and ethnically concentrated areas of poverty and affluence, and access to opportunity. The Housing Element needs to undertake affirmative actions that do not reinforce historic patterns of housing discrimination and improve access to access to opportunities though its siting of lower income housing sites. The site inventory must consider the location of lower income housing sites relative to the following factors: (1) segregation and integration, (2) racially and ethnically concentrated areas of poverty (R/ECAPs), (3) access to opportunity, and (4) disproportionate housing needs, including displacement. Depending on where lower income housing sites are concentrated, the City may need to include programs to improve the conditions in those areas.

SB 9, signed by the Governor in September 2021, is aimed at promotion of housing development (no more than two residential units) and urban lot splits (creation of two new lots) in single-family residential zones. SB 9 projects are exempt from discretionary review if the project is consistent with objective standards. Please see the City’s website for more information on SB 9 project application process and standards.

SB 9 became effective on January 1, 2022; therefore, there is limited data demonstrating trends related to SB 9 projects. HCD released a fact sheet memo on March 25, 2022, which includes an overview of SB 9 and its potential relationship to the sites inventory. HCD’s SB 9 fact sheet memo is available HERE. Like ADUs, any assumptions of additional units to be built as a result of SB 9 should be based on analysis determining the likelihood of redevelopment on certain sites. While the City may consider programs or policies to help facilitate the use of SB 9 provisions, a conservative approach to ensuring adequate capacity for new housing would not overly rely on new single-family development to meet the City’s affordable housing goals.

Property owners do not need to opt in or approve of their inclusion in the sites inventory. It’s important to remember that the sites inventory is an identification of sites in the City where future residential development could occur. In many instances this is already allowed by the existing zoning. In instances the zoning may be changed to allow for residential development where none is currently permitted. In other cases, the standards for residential development may change. Being included on the sites inventory does not obligate the owner to do anything with their property.