June 26, 2002   grndot.gif    Saratoga, California     Since 1955

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News


City Council adopts Housing Element that State can Accept


By  Kate Carter


They said it couldn't be done.

But last week the city council did it, adopting a new housing element that is already in "substantial conformance" with the state's requirements to provide more opportunities for affordable housing. The state cannot certify the housing element until it has been adopted by the city.

The state requires all cities to show that they are taking steps to carry their fair share of the burden of ensuring that everyone in California can find a place to live.

But Saratoga was in a special situation, crafting its housing element under state standards that didn't take into consideration the fact that Saratoga is already largely built out, with 98 percent of its land residential and much of that graded too steeply for construction, said Tom Sullivan, the city's community development director. And the city was forced to use demographic figures from the 1990 U.S. census, he said.

"The allocations are not always equitable," he said.

But Sullivan and his staff were able to find a way to meet them, establishing a soon-to-be-state-certified plan for getting 539 more units built within the city's borders between Jan. 1, 1999, and June 30, 2006, with 219 of those units for families with low to moderate incomes. In fact, 172 new units have already been built. All of those are for people with above-moderate incomes, but the city has 303 new units in the works, of which 49 are for those with very low incomes and 108 for those with moderate incomes.

The city's goal is to begin the process for 26 very low-income, 36 low-income and 13 above-moderate-income units. But, Sullivan said, all the city can do is create an environment that encourages developers to come to Saratoga for those projects.

Thus the housing element includes a plan to adopt zoning code amendments that provide density bonuses, fee waivers and a streamlined design-review process for affordable housing developments. The planning commission this week begins its review of zoning amendments for mixed-use commercial-residential developments, which is one of the few options the city has for locating affordable housing.

The city first sent a proposed housing element to the California Department of Housing and Community Development last September. Since then, the state has been largely "wordsmithing" the document to its satisfaction, Sullivan said. The state also made two significant changes to the city's original proposal that required additional discussion.

One of those changes was a rejection of the city's plan to grant amnesty to unpermitted second units as long as the units' owners would agree to rent them out at below-market rates. The state would only count those units toward the city's goal if the city could prove that such units hadn't already been counted as residences in the census.

Since it would be impossible for the city to provide the state with such proof, the city will instead make it easier for second units to receive permits as long as their owners agree to keep them affordable for 30 years. The city will then count the newly permitted units toward the city's goal. Sullivan recommended that the city continue to pursue granting amnesty to existing second units anyway.

Additionally, the state required that Saratoga identify locations on which future mixed-use developments could feasibly be built within the next five years. The council had initially decided not to make such a list for fear of upsetting property owners and nearby residents. However, with the state's requirement, Sullivan's staff sent notices to all interested parties of which areas could be included on a list and invited them to a public hearing on the matter.

Only one group of neighbors expressed opposition to the list's inclusion of Argonaut Shopping Center on Blauer Drive, saying that the site is too small for mixed-use construction. Included in the housing element as sites where mixed-use developments could be built, then, are the Gateway area along Saratoga-Sunnyvale Road, the Prospect Shopping Area at the corner of Prospect Road and Lawrence Expressway, Quito Village, Saratoga Business Center along Saratoga Avenue and Cox Avenue, the Village and Neal's Hollow.

With the inclusion of those elements, Sullivan two weeks ago received a letter from the state saying that Saratoga's housing element was in "substantial compliance" with the state's requirements, something he said only two or three other cities in Santa Clara County have yet to accomplish.

"Mr. Mayor, it's a big deal to receive that letter," he said at the council meeting.

The council unanimously approved the housing element, with accolades for Sullivan.

"I'm just really pleased that we're not going to be hassling with the state over this anymore," Councilwoman Ann Waltonsmith said.

Sullivan will have to submit updates to the state on an annual basis.

The council also received congratulations from Saratogan Betty Feldheym, an advocate for affordable housing in the county who for years has been encouraging the city to create more affordable housing.

"I can't remember how many years my husband and I tried to get Saratoga to do a housing element," she said. "This calls for a party."

But what she really looks forward to is the day that the affordable housing actually arrives in her city.

"Basically, it's just a piece of paper," Feldheym said of the housing element. "I want to see some of these developments produced."

Now, Sullivan and his staff will begin turning their attention to creating a citywide land-use element.


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