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Mountain View has to prove to the state how the city will be able to accommodate more than 11,000 new housing units in the next eight years. Photo by Magali Gauthier.

The majority of Santa Clara County’s cities have had their most recent housing element drafts rejected by the state, but Mountain View is among the few that are still awaiting a decision. City staff submitted the document to the state on April 26, and will likely hear back within two months.

As of May 1, none of Santa Clara County’s 15 cities’ plans received the green light from the California Department of Housing and Community Development (HCD).

Every eight years, all cities in California are required to submit a housing element to HCD that proves how the city will meet ambitious housing targets set by the state.

But this cycle, the stakes are higher: Cities without state-approved housing elements face consequences which include being ineligible for state grants. It also opens the door to so-called builder’s remedy, something Mountain View is already facing. Builder’s remedy allows developers to bypass a city’s zoning laws if that city doesn’t have a compliant housing element.

Santa Clara County jurisdictions were each required to submit their housing elements by Jan. 31 this year, though some began submitting as early as last July.

Los Gatos, Campbell, Mountain View, Los Altos Hills and Los Altos are still awaiting the state’s decision on their most recent draft submittals.

Mountain View City Council adopted the city’s housing element draft on April 11 and staff submitted it to HCD on April 26. The state typically takes about two months to review the document before rejecting or accepting it, which means Mountain View likely won’t receive a decision until the end of June.

Out of the 109 jurisdictions that make up the Bay Area’s nine counties, only 17 have passed compliant housing elements as of May 1, and none of them are in Santa Clara County. Redwood City in San Mateo County is the only Peninsula city to have received housing element approval from the state.

“This is much more challenging than it ever has been,” said City Council member Lucas Ramirez when council adopted the draft element on April 11. “This cycle is just orders of magnitude more difficult.”

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6 Comments

  1. I am deeply concerned about the delay in the approval of our city’s housing element. It’s disheartening to hear that all 15 cities in Santa Clara County have had their housing elements rejected by the state, and Mountain View is still waiting for a decision. This delay is not only affecting the future growth and development of our city, but it also has real-life consequences for residents.

    We need to prioritize drafting a housing element that meets the state’s targets and is approved by the HCD as soon as possible. The consequences of not having a compliant housing element are significant, including being ineligible for state grants and the potential for developers to bypass zoning laws.

    I am pleased to hear that Mountain View has adopted a draft housing element and submitted it to the state. However, it’s frustrating that it will likely take two months for the state to review and respond to our city’s proposal. The fact that only 17 out of 109 jurisdictions in the Bay Area have passed compliant housing elements is concerning and highlights the difficulty of meeting the state’s ambitious housing targets.

    I urge our city council and staff to continue prioritizing the development of a housing element that is accepted by the state. It’s essential to ensure that our city is providing enough housing for current and future residents while also being eligible for state grants and avoiding potential consequences.

  2. This is Mountain View’s third submission. HCD rejected the first two, leading the city to improve its drafts significantly.

  3. Thank you for sharing that additional information. While it’s frustrating that this is Mountain View’s third submission and the previous two were rejected, it’s good to know that the city has made significant improvements to the drafts in response to the HCD’s feedback.

    It’s crucial that we continue to work towards a housing element that meets the state’s targets and is approved by the HCD. I believe that the rejection of previous drafts should serve as a motivation for our city to put forward an even stronger proposal this time around.

    I hope that the HCD provides feedback and guidance to our city, allowing us to make any necessary improvements and move towards a successful housing element. The sooner we can have a compliant housing element, the better.

  4. Yes, exactly.

    Also, I should add — since some people love to raise this issue — the Housing Element includes plans for thousands of (subsidized) affordable units. The city significantly improved these plans since the first draft, partly at the behest of YIMBY groups.

  5. Just an Observation,

    Since Alphabet has pulled 350 units out of the affordable stage on the project, the Housing Element submitted, is now a fraud.

    Because they included those units as part of the Element plan.

    Almost ensuring that this element plan will be rejected.

    Why did the city make the false promises in the first place?

  6. It’s not a fraud, because it was based on the best information available at the time. And fortunately, thanks to the builders’remedy, we can make up the shortfall with units that the city didn’t plan for.

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