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Staff now urges council to approve 69 Quito Road homes that planners rejected as unsafe

The City Council hears the developer's appeal Nov. 18. Planning commissioners denied the builder's remedy project unanimously in October; staff says state housing law leaves the city little room to say no.

Knox Abbott· AI-assisted, edited by Jake Team

November 13, 20262 min read

Saratoga housing proposal - illustration, Jake Team LLC

Saratoga's City Council will decide Wednesday, Nov. 18, whether 69 homes can go on a vacant 3.85-acre lot on Quito Road, a month after the Planning Commission voted unanimously to kill the project. City staff is recommending the council overturn that denial and approve it.

The developer, Acme Development LLC, wants to split the land at 14076 Quito Road into 14 lots and build 12 three-story buildings there. The plan calls for 55 three-bedroom townhomes or condominiums, 14 of them with a 504-square-foot attached unit to be rented below market rate to lower-income households. Each home would have a two-car garage, and 15 more spaces would go to visitors.

Of 109 protected trees on the site, 67 would come down.

What happened at the commission

At the Oct. 14 hearing, about 16 people spoke, according to the staff report for next week's meeting. They raised traffic on Quito Road, walking routes to schools, privacy for the single-family homes next door, the loss of trees and whether fire crews could get through if the road backed up.

Commissioners also pressed the developer on the lack of a second emergency entrance and on its refusal to build a sidewalk all the way from Pollard Road to Allendale Avenue. The company offered $30,000 toward that stretch instead. The commission then found the project "objectively unsafe" and denied it.

Why staff changed course

The project falls under the builder's remedy, part of California's Housing Accountability Act. Because the preliminary application came in on March 18, 2024, before the state certified Saratoga's housing plan, and set aside 20% of the units as affordable, the city cannot use its zoning or other subjective standards to turn it down, the staff report says.

Staff is recommending approval with conditions, including a sidewalk and bike lane along the project's own Quito Road frontage, which the city code requires, plus the $30,000 payment. The report also says the project qualifies for a full exemption from state environmental review under a 2025 law, which is why no traffic study was done.

In a Nov. 10 letter to the council, the developer's lawyers at Holland & Knight said the city has no evidence of a specific safety impact that would justify denial. If the council upholds the denial or delays again, they wrote, Acme is ready to sue, and a court could order attorneys' fees and fines of at least $690,000.

The council meeting starts at 7 p.m. in the Civic Theater, 13777 Fruitvale Ave. Before the regular session, Assemblymember Berman is scheduled to update the council at 6 p.m.

Sources

saratoga.granicus.com

saratoga.granicus.com

saratoga.granicus.com

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Knox Abbott· AI-assisted, edited by Jake Team

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

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