By Sarah Lombardo
Another nail, perhaps the last, has been hammered into the coffin of the fight against the Nelson Gardens development project.
After more than a year of wrangling between the City of Saratoga and the Friends of the Nelson Gardens Foundation, a judge has ruled that the city acted properly in making way for a nine-home development on the 5.1-acre site.
At issue was whether the city violated the California Land Conservation Act, a.k.a. the Williamson Act, when releasing the property from the act and making it available for development; specifically, whether there was other land available for such a development project to merit release from the act.
"This case turns on the construction of the word 'availability,' " stated Santa Clara County Superior Court Judge Conrad Rushing in his decision. "The parties before this court have different interpretations of this word as it is used ... under 'proximate noncontracted land which is both suitable and available' for the project."
Friends members claim there were many other pieces of land available for the same kind of development as is slated for the Nelson Gardens property.
"The provisions of the Williamson Act are very specific and narrow, and they were not followed by the city," Francis Stutzman, a member of Friends, said. Stutzman said the Friends were able to find at least 17 pieces of property that could have been used to build nine new houses.
But, although the city admits there are other vacant lots within Saratoga, none of the parcels were available to the Nelson Gardens property owner nor the developer, Trinity Development Company.
In 1971, a contract between the city and former property owner Frank Nelson guaranteed that the gardens would remain open space until the year 2000. But Nelson deeded part of his property to nonprofit interests. Currently, Nelson Gardens is owned by the Community Foundation of Santa Clara County, a nonprofit organization. The foundation would like to build and sell houses on the property. In 1994, the foundation signed an agreement with Saratoga to pay about $640,000 to the city to release the property from the Williamson Act early and to begin building--before the year 2000.
The city agreed, but faced opposition from the Friends.
The group was able to get an environmental impact report done for the proposed development, even after the Planning Commission declared one was not needed. But with this last decision against the Friends and one house already under construction on the property, it looks as if the fight may be at an end.
"As it stands now, we still have the opportunity to appeal. Our attorney hasn't decided just yet," said Stutzman. "And if, in fact, we were to win [an appeal], I don't know what would happen. There's already one house up there under construction. ... I don't really know how this will play out."
Saratoga Mayor Paul Jacobs said he is reluctant to comment on the lawsuit until after the appeal time has expired. But he did say he was hopeful that the Friends would not file an appeal.
Jill Fordyce, attorney for the Friends, said the group is in the process of deciding if it should appeal. "It will probably be decided this week," she added.
City Attorney Michael Riback said he thought the chances of the Friends winning an appeal were slim because "the decision of the court is comprehensive and well-reasoned. The court felt the city had acted in complete compliance."
The Friends have until Nov. 6 to file an appeal.
This article appeared in the Saratoga News, September 25, 1996.
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