HomeMy WebLinkAbout12-16-2009 SUPPLEMENTAL COUNCIL AGENDAv_ IIC0I� trc � I! ��s
Association of REALTORS"
December 16, 2009
Honorable Kathleen King
Mayor, City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Mayor King and Council Members,
The Silicon Valley Association of REALTORS@ (SILVAR) is a trade association
representing over 4,000 real estate professionals in Santa Clara and San Mateo counties and
an historical advocate for creating and maintaining safe communities while protecting
homeowners' ri,hts, We would like to comment on agenda item 17, "Proposed ordinance
establishing the City's ability to issue administrative citations for violations of the Saratoga
City Code."
To follow up on our letter submitted to you on September 16, 2009, we believe the draft
ordinance before the Council tonight is much clearer in its intent in several areas than in
previous drafts, easing many of our concerns as originally stated. We thank staff for taking
the time to answer our questions and clarifying two points which we would like to enter into
the record.
3- 30.040. - Issuance of notice of violation. Staff clarified if a person received a notice of
violation but was not able to fully comply within five days, it does not automatically trigger a
citation. This is important to note in situations of code violations requiring extensive cost or
time (more than five days) to remedy; where a responsible person making a good faith effort
to correct the violation, would not be automatically cited.
3- 30.090. - Administrative Hearing. Staff made us aware it is past practice of the City to
outsource these types of administrative hearings to a third party. We hope the City continues
this practice when processing appeals for these types of citations in order to reduce or
eliminate conflicts of interest. and create a more equitable process for responsible persons.
Thank you for allowing me the opportunity to comment on behalf of the Silicon Valley
Association of REALTORS@.
Sincerely, -
A`�am Mon eery
Government Affairs Director
Silicon Valley Association of REALTORSCC
19400 Stevens Creek Blvd., Suite 100 • Cupertino, CA 95014
Phone: 408.' .00.0100 • Fax: 408.200.0101 • 1vNm.sllvar.org
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DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT r
1800 Third Street, Suite 430
r, 6ox9:20`3
sacramento, CA 94252.2053
1 F} .3u -3177
=RX (916) 327 -?643
December 14, 2009
i\4r. John Livingstone, Director
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Mr, Livingstone:
RE: Review of the City of Saratoga's Revised Draft Housing Element
Thank you for submitting the City of Saratoga's revised draft housing elernent received
for review on October 15, 2009 along with additional revisions on Decem: ?er 10, 20C9.
The Department is required to review draft housing elements and report the findings to
the locality pursuant to Government Code Section 65585(b).
The revised draft =Iement addresses the statutory requirements described in the
Department's October 12, 2009 review (enclosed); however, further revi� icn is necessary
to comply with Stag housing element law (Article 10.6 of the Governmer t Code). The
folio-wing describes the additional change needed:
The identification of a zone or zones where emergency shelters are allov red as a
permitted use without a conditional use or other discretionary permit. Th = identified zone
or zones shall include sufficient capacity to accommodate the need for e'ergency shelter
identified in paragraph (7), except that each local government shall idernify a zone or
zones that can accommodate at least one year -round emergency shelter. If the local
government cannot identify a zone or zones with sufficient capacity, the .'ocal govemment
shall include a program to amend its zoning ordinance to meet the requi, ements of this
paragraph within onP year of the adoption of the housing element (Secti on 55583(4)(A)).
The analysis shall also demonstrate local efforts to remove gc'vernmentEd constraints that
hinder the locality from meeting its share of the regional housing need in accordance with
Section 65584 and from meeting the need for housing for persons with disabilities,
supporfive housing, transitional housing, and emergency shelters identified pursuant to
paragraph (7) (Section 65583(a)(5)).
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Mr. John Livingstone, Director
Page 2
!nc(ude an inventory of land suitable for residential development, including vacant sites
and sites having the potential for redevelopment, and an analysis or the r0ationship of
zoning and public facilities and services to these sites (Section 65583(a)(:')). The
analysis shall determine whether the inventory Can provide for a variety o: types of
housing, including multifamily rental housing, factor -built hcusir;g, mobilet Omes, housing
for agricultural employees, emergency shelters, and transitional housing
(Section 65583,2).
Pursuant to Chapter 633, Statutes of 2007 (SB 2), the element must iden'.ify a zone to
permit emercency shelters without a conditional use permit or other discr.:Aionary action.
The element was not revised to address this requirement described in the prior review:
(enclosed). The element proposes a new mixed -use zoning district on a :six -acre site to,
arnong other things.. permit emergency shelters. The same six -acre site, however, has
been identified to accommodate a significant proportion of the City's rem � i to regional
housing need for lower - income households. Since the six acre site app e be
necessary to accommodate the City's regional housing need, it cannot also represent a
realistic opportunity for the development of emergency shelters. To addr sss the
requirements of SB 2, the element could either expand the area of the mixed -use district
or identify an alternative zone with realistic capacity for the development of emergency
shelters.
Once the element has been revised to address this requirement, it will amply with State
housing element law. The Department appreciates City's cooperation ar d is committed
to assist Saratoga in addressing the statutory requiremelease contac housing
R 4quel Medina, of
you have any questions or need additional assistance, p
our staff, at (916) 324 -9629.
Sincerely,
Cat'ny E,;Creswell
Deputy Director
Enclosure