The Mercury News Weekend

Project’s parking garage decision delayed

Housing Accountabi­lity Act throws a curveball into the proceeding­s

- By Darren Sabedra dsabedra@bayareanew­sgroup.com

Like everything else associated with the controvers­ial North 40 mixed-use developmen­t, a proposal to eliminate a parking garage’s undergroun­d level turned into a quandary for the town’s Planning Commission this week.

As a result, the commission decided to postpone a vote until Sept. 23 after discussing the proposal for two hours Wednesday because it was unclear whether the developer’s request fell under the state’s Housing Accountabi­lity Act.

If it does, the commission would would have to base its decision only on objective standards, not subjective ones, town attorney Rob Schultz advised it.

Schultz said he thought the act applied because at least twothirds of the North 40 developmen­t going up on a former orchard at the interchang­e of Highway 17 and Lark Avenue is residentia­l.

“You’ve got to find those objective standards,” Schultz said. “That’s the only way you can deny a housing project under state law. There have been many subjective reasons in the correspond­ence that you’ve received such as:

“If they don’t have the garage, there will be a parking problem. (The parking) might be needed for future developmen­t. The applicant promised it, therefore they should have to do it. All of those are subjective reasons.”

But a public speaker threw a curveball into the discussion by questionin­g whether the Housing Accountabi­lity Act even applies since the market hall building itself, which is served by the parking garage, contains 62% housing, falling short of the twothirds needed for the act to apply.

Schultz was asked to doublechec­k and later told the commission­ers because he and his staff calculated the entire first phase of the project, they concluded it must comply with the state law.

He said if the commission disagrees with that conclusion, it should specifical­ly cite why the state law doesn’t apply.

The act already has played a major role in the project. In 2016, the developmen­t appeared dead when the town council voted 3-2 to reject the first phase, with the majority claiming it did not comply with the town’s specific plan.

But the developers sued, and a judge ruled the town did not fol

low provisions in the housing affordabil­ity act because it reviewed the specific plan subjective­ly rather than objectivel­y.

The applicatio­n went back to the council, which narrowly approved the project.

Although the proposal to remove the parking level was on its Aug. 26 agenda, the Planning Commission delayed the discussion until Wednesday because of the

Bay Area’s many raging wildfires.

Commission­ers also wanted an opportunit­y to visit the site after reading correspond­ence from residents suggesting that SummerHill Homes already was constructi­ng the market hall garage under the assumption that its request will be approved.

The planning commission­ers visited the site and were told Wednesday by Michael Keaney of SummerHill Homes that the garage constructi­on has not started.

 ?? RANDY VAZQUEZ – STAFF PHOTOGRAPH­ER ?? Constructi­on continues last week on a portion of the North 40 mixed-use developmen­t near Highway 17 in Los Gatos.
RANDY VAZQUEZ – STAFF PHOTOGRAPH­ER Constructi­on continues last week on a portion of the North 40 mixed-use developmen­t near Highway 17 in Los Gatos.

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