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Mayor counts 18 builder's remedy applications still in review across 16 Saratoga properties

In a column published Sunday, Chuck Page said 25 such applications reached the city before its housing plan won state approval; three were approved, three closed as ineligible, one withdrawn, and two sites have competing proposals.

Knox Abbott

October 12, 20262 min read

Saratoga still has 18 builder's remedy housing applications under review on 16 properties, Mayor Chuck Page wrote in a column published Sunday, laying out how many of the state-law projects remain in the pipeline.

The city received 25 of the applications before the state certified its housing element, the plan every California city must keep showing where future homes can go, Page wrote in the Saratoga News column. Three were found not to qualify and were closed. Three have been approved and one was withdrawn.

On two of the remaining sites, developers have filed two alternative proposals, and only one project per site can be approved, the mayor wrote. The others are moving through review under state law, with environmental review where required.

How the window opened

Builder's remedy is a provision of the state Housing Accountability Act that lets certain projects go forward even when they break local zoning, if the city lacks a certified housing element. Page wrote that Saratoga turned in its updated plan July 28, 2022, ahead of the Jan. 31, 2023, deadline for Bay Area cities, but did not receive certification until July 8, 2024.

Applications could be filed until the certified plan was submitted.

Page, who said he served on the council from 2006 to 2014 before returning, called the loss of local control over land use appalling and wrote that the state made certification very hard to obtain. He also warned that if Saratoga falls out of compliance with state housing rules, it could lose certification and reopen the builder's remedy window.

A negotiated example

The mayor pointed to Vineyard One, a subdivision of 52 lots where Chester and Allendale avenues meet that the city recently approved. He wrote that it replaced an earlier builder's remedy proposal for 231 units after the applicant agreed to withdraw that application and pursue a smaller project.

Vineyard One uses the state density bonus law. Twelve accessory dwelling units in the project are set aside as affordable, which earned a 100% density bonus and doubled the base density of 26 homes to 52, according to the column.

The city has also written a set of objective standards later projects must follow, Page wrote, and staff continue to review each proposal and attach conditions where the law allows.

Page said he would write more in his next column about the council's Oct. 7 decision on law enforcement services.

Sources

mercurynews.com

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Knox Abbott

Knox Abbott covers Saratoga city hall, the council, and county government.

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