Residents of Sugarloaf Terrace voiced disappointment and outrage this week over details of a plan to build an eight-unit subdivision on Livorna Road at I-680 in Alamo.
The Board of Supervisors OK’d the construction in 2002, stating in the approval document that the housing must be for seniors.
Now, California real estate experts and Discovery Builders say the county won’t legally be able to enforce the age restriction. And Dennis Barry, director of Community Development for Contra Costa County, said the issue is up in the air.
“The question is pending,” he said.
Neighbors decided back in 2002 that an age regulation would eliminate most of their concerns about the subdivision. High density population, crowded Alamo schools, and safety and noise issues wouldn’t be as much of a problem with the restriction, many residents agreed. It seemed like a good enough solution, said neighbor Jack Behseresht.
“There was still a feeling of uneasiness in the community, but we decided to compromise,” Behseresht said.
But the 55-plus age limit violates the Unruh Act, under the Fair Employment and Housing Act. The law states that persons seeking housing in California can’t be discriminated against on the basis of age. It notes senior housing is an exception to the rule but states that to qualify, the dwelling must have at least 35 units.
“Why did no one know this age restriction was contrary to California housing law?” said Bill Bush, a Sugarloaf neighbor.
Like Sugarloaf residents, San Ramon Valley Regional Planning Commission and Alamo Improvement Association recommended denial of the project four years ago. The Board of Supervisors then met with property owner Peter Ostrosky and overturned the denial.
Planning Commissioner Scott Couture had a long list of reasons the project should have been denied.
“It’s not consistent with what already exists,” he said. “It’s on an off-ramp of the interstate, and it’s in a bowl so the sound reflects the freeway.”
Houses in the area are all large single-family dwellings and the subdivision will be multi-unit complexes, about 1,600 square feet. Couture also pointed out there were holes in the argument that it would be appropriate for the elderly.
“It’s posed for seniors, but there is no transportation for them,” he said.
Donna Gerber, who was District 3 supervisor at the time, told neighbors the decision was based on the strong need for senior housing in the area. She stated there was a critical need for older empty-nester housing in the San Ramon Valley, Bush said.
Behseresht has had trouble addressing the issue with the current county staff because there has been a high turnover rate, he said. He has already worked closely with four members of the Contra Costa County staff who have left the administration.
“Their successors don’t see it as their problem and don’t try to fix it,” Behseresht said.
“Ignoring the problem is their solution,” said Bush.
Barry said he had no comment about sugarloaf neighbors’ upset response. He said the details of the project’s approval years ago were hard to recall.
But some residents say they know why the project was approved. Former Supervisor Eric Hasseltine was a major player in Pete Ostrosky’s development team – the group that sought approval for the subdivision from the County Board of Supervisors. The approval was clearly related, neighbors said.
“There is a feeling that (the county) had an obligation based on a prior supervisor,” Behseresht said.
Barry said that Hasseltine’s involvement with the development team had nothing to do with the project’s approval.
“I’d say that wasn’t the reason (for approval). The facts were,” Barry said.
While Discovery Builders say they are marketing to the senior community, denying potential buyers housing on the basis of age could be considered discrimination.
“Our problem is with the county, not with Discovery Builders,” Behseresht said. “There are no checks and balances as far as what the county can do.”
Bob Drake, who worked in the Community Development Department at the time of approval, said he wasn’t prepared to comment on the issue.
Drake said it isn’t entirely unusual for the Board of Supervisors to overturn decisions.
“It happens from time to time; the planning committee sees it one way and the county sees it another way,” he said.
The subdivision will be built in a circular shape, which is designed to block sound for the common area courtyard and garden. The units will have vinyl windows, concrete roofs and cultured stones. Discovery Builders Project Manager James Wang said it is too early to set a price range for the housing.
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