City hires a consultant to file challenge with ABAG
By Kara Chalmers
Each jurisdiction in the state should have a goal for providing its fair share of housing, including low- and moderate-income housing, according to California law. And the jurisdictions' general plans--the housing element sections--should show that goal.
The Association of Bay Area Governments has assessed what the goals should be for Saratoga, but the amount of housing and the types that the city is supposed to add seems extreme, according to City Council members.
The council, on Jan. 26 voted to hire a consultant, for a maximum fee of $5,000, to study ABAG's methodology and the numbers that the organization has come up with for the city. The consultant will be hired in time for the city's first opportunity to challenge the numbers and how they have been distributed--Feb. 29.
ABAG's draft goal is for Saratoga to add 590 units of housing in all between June 1999 and 2006, which means about 79 housing units per year. While 59 percent of these homes can cost above the moderate-income rate, of the 79 each year, 11 units are to be very low income, six are to be low income and 16 are to be moderate income level. Saratoga doesn't provide anywhere near these numbers.
"Reality is so far off from these numbers," said Mayor Stan Bogosian. "To me, it's like a different planet."
ABAG's numbers are partly based on a jurisdiction's anticipated population increase as well as job creation through 2006. Los Gatos' numbers are 206 total units, according to Community Development Director James Walgren's report he presented to the council.
The city hopes to get the numbers down from 590, and with the help of the consultant, the city may find out that second dwellings--like au pair or in-law units--meet the criteria for below market rate housing. Right now, these types of units, in the backs of some properties, are illegal. So any existing units could be legalized and technically qualify as new construction.
Also, if the city can qualify the 200 new units being constructed at the Oddfellows retirement facility, the burden would be significantly eased, according to Walgren's report. Complete teardowns and replacements will count as a housing unit also, which is another plus for the city.
There are sanctions for cities that do not meet the plan, according to Saratoga City Attorney Richard Taylor. In the past, affordable housing advocacy groups have sued jurisdictions for not complying.
However, Taylor said that since this area of law is undeveloped, there isn't that much guidance from the courts yet on under what circumstances a jurisdiction can be sued.
Lack of state funding is another sanction, according to Walgren. A denied developer could sue the city for not being in compliance, as well, he said.
The city will pay the consultant, Seifel Associates, with funds already allocated to the housing element update project.
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Saratoga, California Since 1955
