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Planning Commission forwards revised 2023–2031 housing element to Board after state finds it substantially conforming

January 18, 2025 | Santa Clara County, California


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Planning Commission forwards revised 2023–2031 housing element to Board after state finds it substantially conforming
The Santa Clara County Planning Commission on Jan. 17 voted unanimously to forward a favorable recommendation to the Board of Supervisors to repeal the Dec. 3, 2024 housing element update and adopt a revised 2023–2031 housing element and related General Plan amendments.

Deputy Director Lisa Mikhail told the commission the county submitted revisions requested by the California Department of Housing and Community Development (HCD) before HCD’s Dec. 31 deadline and that HCD has indicated the revised draft “is in substantial conformance with the law.” Principal planner Michael Meehan and senior planner Robert Kane presented the revised draft and the staff recommendation.

Robert Kane summarized the statutory requirement: “The county is required by state law to adopt and update the housing element once every 8 years,” he said, noting staff had submitted four drafts to HCD beginning in May 2023 and met with the department multiple times. Staff said the current draft includes minor edits requested by HCD in December, clarifies program language, expands background information, adds analysis of non-vacant lots to the sites inventory, and revises Program 2.30 to emphasize housing mobility. Staff also said no new programs or sites have been added since the May 2023 public draft.

Vice Chairperson Rausser asked about timing and whether adoption would end exposure to “builder’s remedy” development; staff said the next procedural steps are Planning Commission feedback, a Board hearing scheduled for Jan. 28, and a resubmission to HCD after board adoption. Staff said the interval between formal resubmittal and HCD’s final certification varies by jurisdiction, ranging from weeks to months.

The public hearing included a comment from Sharon Luna of San Martin, who asked whether Book B of the General Plan would be superseded, whether the San Martin planning advisory committee (SIMPAC) would be dissolved, and whether San Martin’s planning-area map and unique-character policies would be removed. Deputy Director Mikhail responded on the record: “The entirety of Book B of the general plan is not being superseded by this housing element,” adding that SIMPAC is not being disbanded and the tenant ordinance is not part of this housing-element process.

After public comment, Commissioner Balska moved and Chair Amy Escobar seconded a motion to forward a favorable recommendation to the Board of Supervisors to adopt the revised housing element; the clerk recorded unanimous approval. Staff will present the measure and supporting materials to the Board on Jan. 28.

Staff emphasized that the revised housing element does not add sites to the county inventory and that implementation of many programs will require action by other county departments and, in some cases, additional planning-commission or board hearings. The commission asked staff to consider ways the commission can track program implementation and interim milestones as the housing element is carried out across multiple agencies.

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