REPORT TO PLANNING COMMISSION
SUBJECT
Title
Informational Update on Administrative Implementation of State Law on Replacement Housing Unit Determinations and Related Tenant Protections
Report
SUMMARY
This informational report provides an overview of staff’s proposed implementation approach for replacement housing unit determinations and related tenant protections required under state law. Rather than adopting a local ordinance at this time, staff have developed a supplemental application packet, modeled after approaches used by other California cities and tailored for use with City of Santa Clara planning applications.
On August 26, 2026, the Planning Commission considered a public hearing item regarding a proposed replacement housing unit ordinance. Following Commission discussion, the Commission continued the item to November 18, 2026, and requested an expanded comparison chart comparing state-law requirements with the City’s proposed implementation approach. Based on the discussion and additional staff review, staff are proceeding with an administrative implementation approach using supplemental application materials rather than a local ordinance.
The Supplemental Application Packet implements Housing Plan Action 13 of the 2023–2031 Housing Element by enforcing state law provisions and translating broad legislative intent into clear project requirements.
The supplemental application packet is intended to assist applicants, property owners, occupants, and staff in identifying when state replacement housing requirements apply; documenting the existing and prior residential unit inventory on a project site; determining whether any units are protected units; and identifying applicable notice, relocation, right to remain, right of first refusal, right to return, and replacement unit obligations. Table 1 summarizes applicable state law requirements and how the proposed supplemental application materials address those requirements.
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