New Mayor Says Commercial Land Needs Measure G Protection
Bogosian: Extension and Azule Crossing unrelated
Hearing is set for Dec. 15
By Kara Chalmers
Stan Bogosian, upon his election as mayor at the City Council meeting Dec. 1, announced he would like a November ballot measure extending Measure G to apply to commercially zoned areas rather than just residential sectors and open space.
Two weeks earlier, the council "called up" the mixed commercial and residential use development proposed for Azule Crossing, which the Planning Commission had approved, and placed it on their agenda for Dec 15. But according to Bogosian, the call-up had nothing to do with the proposed extension.
"This Azule is a major development," he told the Saratoga News. "I would have wanted to call it up even if there was no interest in extending Measure G."
Bogosian said that the Azule Crossing property represents a large chunk of Saratoga real estate, that the activities there affect many residents and that he wants to hear more arguments and see more plans.
The proposed development calls for refurbishing and expanding the existing front commercial building at Azule Crossing at 12312 Saratoga-Sunnyvale Road. The three other buildings would be demolished to make room for a residential component and parking. The 25 residences will be either single-family homes that average 1,850 square feet or townhouses that average less than 1,500 square feet.
Because Council members Ann Waltonsmith and John Mehaffey at the Nov. 17 City Council meeting said they wanted the council to review the Planning Commission's decision, the council was allowed, according to city code, to place the issue on its Dec. 15 agenda. The City Council may then affirm, reverse or modify the Planning Commission's decision. Or they may refer the matter back to the commission for further action.
If a ballot is passed, any proposal to change a General Plan commercial designation to anything other than commercial (residential or industrial) ultimately would have to be approved by voters, City Attorney Richard Taylor said.
Bogosian started the discussion at the City Council meeting Dec. 8 by saying that the conversion of usable commercial land for high-density residential uses concerns him, and asked the other council members what they thought.
Mehaffey said the pressures from developers that caused Saratoga to pass Measure G are still here, but Measure G has shifted those pressures. Now, he said, developers want to eliminate commercial development in favor of homes.
"In concept, I'm all for protecting the commercial retail space, the only source of revenue the city has," Council member Nick Streit said in an interview. He added that he does not yet have enough information to decide what is the best mechanism for protecting it.
When asked whether the council's Dec. 7 discussion on extending Measure G would affect his vote on Azule Crossing, Streit said it would not. He said he plans to meet with the Azule Crossing developers, and watch the Planning Commission tapes on the project closely.
"I will take an objective, independent look at their property only, next week," he said.
Baker also told the Saratoga News that his mind is not closed on the issue of Azule Crossing.
Bogosian, prior to becoming a council member in 1996, worked on the Measure G campaign. The measure's success is part of the reason he is now pushing to extend it, he said.
Measure G, a voter initiative, requires a vote of the people to change residential and open space land-use designations in the General Plan. Measure G allows an applicant to go through the planning process for approval, before going directly to an election. That same process would occur if the new measure were passed, Taylor said.
In Saratoga, a commercially zoned area can include residences, if the developer has a conditional-use permit approved by the Planning Commission, Taylor said. Right now, the only place for more residences is in commercially zoned land.
As it stands, Measure G cannot block what some people call "down-zoning," or changing commercial to residential areas, because the measure doesn't apply to commercial land yet. But that type of change still requires a conditional-use permit, which is what the owners of Azule Crossing are trying to obtain.
Besides placing a measure on the ballot, the city could also change the General Plan, according to Taylor. However, the General Plan is subject to more changes by future city councils. He said the city could also use some combination of both approaches.
In addition, the city is worrying about how Saratoga will comply with California's requirement that the city plan to provide its fair share of housing for all income levels, including low and moderate. Bogosian said that the residences in the proposed Azule Crossing development would not satisfy the requirements for low- to moderate-income housing.
However, according to Community Development Director James Walgren, the residences would provide alternate housing in Saratoga because a large percentage of houses in the city are larger and situated on larger lots than the proposed residences.
At the meeting, Bogosian directed Taylor, who helped draft Measure G in 1996, to draw up an outline on the extension of Measure G to be a starting point of discussion for the Jan. 25 City Council meeting with the Planning Commission. The council will look at the outline and a timeline of deadlines for a measure to be placed on the November ballot at that time.