Council Passes A Moratorium: No Commercial To Residential
Moratorium will last 45 days, could be extended
Gamble plan made exempt
By Kara Chalmers
A moratorium went into effect on March 15, on any residential development on land zoned commercial in Saratoga. The City Council voted 4-1 to enact a 45-day moratorium that they will extend to December at a later hearing, and finally place on the November 2000 ballot for a decision by voters in Saratoga. Councilman Nick Streit voted against the moratorium.
Only residential development will be affected by the council's action, and any retail, commercial or other development, such as plans for a theater in the village, will not be affected.
The moratorium will not apply to any applications submitted prior to March 15. That includes Stan Gamble's proposed mixed-use development for Saratoga Village that he submitted March 1, the day the council began discussing the moratorium.
On March 1, the council heard public testimony but continued the hearing to March 15, to allow for more comment. But only a few people spoke, and most asked questions or asked if a moratorium could apply only to certain areas, not to the entire city.
Several of those at the March 1 hearing did express opposition. Resident Betty Feldheym said on March 15 she thinks a moratorium would simply allow the city to postpone providing needed affordable housing.
"Why put it off?" she asked. "The housing is needed now, especially the affordable housing."
Resident and former City Council member Jack Mallory said later in an interview that he supports the moratorium.
"I feel it's logical to do this," he said. "We don't plan for economic situations like this. These are special times that require a little breathing room. We're not changing anything, just giving ourselves a little time."
City attorney Richard Taylor introduced a moratorium in January when the council first discussed the possibility of placing a Measure G extension on the ballot. Measure G, a voter initiative, would require a vote by the electorate to change residential and open space land-use designations in the General Plan. It would not stop the conversion of commercial areas to residential ones.
When Stan Bogosian became mayor in December, he said he would like to place the measure on the November ballot.
For a majority of council members, a moratorium seems the best alternative for the city now, until a more comprehensive plan to develop the city's commercial land is created.
Councilman Evan Baker said he doesn't view the moratorium as a penalty on developers, and, although a moratorium might delay plans, it would not injure anyone.
Streit said he opposes a moratorium because he doesn't see a necessity or urgency, since, in the past 10 years, only four projects (not including Gamble's) would have been subject to the proposed moratorium. He believes the moratorium is a reaction to the Azule Crossing proposal, a mixed-use development the council recently approved. Streit said he'd like to work on redeveloping the existing commercial and retail districts in the city.
"I believe we should spend our valuable staff time and council time developing a redevelopment agency for these districts, crafting a revitalizing plan," he said. "We need to work with people like Ken Carter and the EagleWing Theater to draw people back to the Village, and add additional parking to the Village."
Other council members noted that there is a demand for residential development in the city, and developers want to develop commercial land in Saratoga for residential purposes, since it is more lucrative. Some council members are afraid this will turn Saratoga into a true bedroom community.
"I see us being overtaken by the rapid runaway escalation of housing prices that cause people to do very different things from what they plan to do," said Baker, in support of the moratorium.
Bogosian said that while he feels strongly that the market, rather than the state, should drive the economy, at some point the government may have to take a stand. "To do anything less would be irresponsible, would be an abrogation of our duties," he said.
According to Streit, if the existing commercial spaces in the city were revitalized, the marketplace would solve the city's dilemma, and there would be no need for a moratorium.
The council will revisit the moratorium in 45 days for a possible extension, if four-fifths of the council approves it at a public hearing. If approved, that extension would last until Dec. 31, 2000. Then, the electorate would vote in November to keep the moratorium until March 15, 2002, at the latest.