Saratoga News

Swenson disappointed, but says he plans no legal action

By Sarah Lombardo

Developer Barry Swenson said he's not sure what he'll do with his plans to build an assisted-living complex in Saratoga now that the City Council has told him he must go through the city's planning process first. But he did say legal action is not in the future.

The council refused to take action March 4 on a resolution calling for an election that might have allowed such a project to be built on land located at 13686 Quito Road. Instead, they directed staff to place the council's policy on Measure G on a future agenda for discussion and possible revision.

The policy, according to City Manager Larry Perlin, will probably come before the council in April or May at a Tuesday night meeting.

The council's move leaves Swenson, owner of Barry Swenson Builder in San Jose, with a proposal and not many options. City staffers had deemed the project subject to Measure G.

"I don't know what to do," Swenson said. "It puts us in an awkward position."

Swenson said the council's decision was disappointing. "I was surprised because they had already told us before that we could go to the voters," he said.

According to Measure G, any changes to the city's general plan that increase the density or intensity of land must be put to a public vote. The slow-growth initiative received a resounding approval vote in March 1996. The council later adopted an implementation policy stating that developers have the option of taking projects subject to Measure G through the city's Planning Department and Planning Commission and then taking the land-use change to the voters, or going to a ballot first and then, if successful, sending actual project plans through the city process.

Swenson opted to go to a ballot first. But councilmembers said they think the project is just too complicated to go to a ballot first. So they exercised their right to review the policy.

The project calls for the construction of between 80 and 120 senior residential dwelling units on a 2.6-acre parcel, which is currently zoned for a maximum of 11 dwelling units. Thus, the land-use designation would need to be changed to allow for the project.

Swenson said he had wanted to see if Saratoga residents were interested in having an assisted-living center built at that site before applying to the city. To do otherwise, he said, could cost him thousands and still be rejected by only to result in a no vote from the voters.

"You hate to spend all that money and then find out the residents don't want it," he said. On the other hand, a yes vote on a land-use designation change does not guarantee approval by the Planning Commission, either.

The second look at policy pleased Measure G supporters, but the presence of Swenson's attorney at the recent City Council meeting made some councilwatchers wonder if the city's change in policy in the middle of Swenson's request could lead to litigation. Swenson said he has no plans to take the matter to court.

"I almost never use legal action, ever," he said. "It just seems like there's always an easier way."

Swenson is not the only one who thinks the council's decision was unfair.

"I was disappointed that the City Council decided to make Measure G even more complicated and convoluted," Mayor Don Wolfe, the lone dissenting vote at the March 4 meeting, said. "Why change before the course we're presently on is tested?"

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