The Saratoga City Council unanimously approved entering a tolling agreement with a developer in November to downsize a project and persuade them to withdraw their builder’s remedy application.
City Connect submitted a builder’s remedy application in September 2023 for a 231-unit development on a 11.5-acre site at 14001 Chester Ave. However, residents were concerned about the size of the project. Two years later, the developers submitted an alternative application for a 64-unit development that conformed to Saratoga’s General Plan and zoning. The new development includes six very-low income units, six moderate-income units and 26 density bonus units.
Community development Director Bryan Swanson told the city council on Nov. 19 that staff was reviewing City Connect’s builder’s remedy application and was preparing an environmental impact report. According to the city’s agreement with the developers, city staff will pause processing the builder’s remedy application if the city approves their new application by Feb. 26. That deadline will be extended to March 4 if the planning commission’s decision is appealed. If Saratoga approves City Connect’s application for the 64-unit development by April 15, then the developers would withdraw the builder’s remedy project application. However, if the city denies the developers’ new application or if they fail to come to a resolution by the specified date, then the city would have to process and consider the builder’s remedy application.
City Connect partner Tom Wilson spoke at the November meeting to praise the collaboration between the developers and the city in figuring out how to proceed with the development without making it a builder’s remedy project. He said the developers have mostly halted the builder’s remedy application, save for paying to complete the environmental impact report.
“Not only does the community have a piece of property where it’s going to be a reduced density project, but the city also will have a project that’s consistent with its General Plan and its zoning,” said Scott Birkey, land use counsel for City Connect.
Then-vice mayor Chuck Page asked if the agreement would cause the state to decertify the city’s housing element if it appeared that they were sliding back on their housing goals. Swanson replied that approving the 64-unit development would lead to a quicker construction process.
Residents who spoke at the meeting were in favor of the city entering the tolling agreement with the developers. Many said the downscaled project was more appealing to them. One resident even said that he wanted to know if Saratogans should send complaints to other developers with builder’s remedy proposals to get them to scale down their projects as well.
Resident Jerry Schaaf spoke in support of the agreement, saying that the developers showed effort in working with the community. He also said that it would be good for the city to get the project moving, seeing that it is one of the biggest developments in the city.
“Do I want 54 homes plus six ADUs across the street from me? No, but it’s a heck of a lot better than the builder’s remedy,” said resident Jody Tatro.
Leave a Reply