Beyond rhetoric, a good solution that will remove bureaucratic red tape Beyond rhetoric, a good solution that will remove bureaucratic red tape (December 24, 2003)

By Sue Kayton

After passage on first reading by the City Council last week, the Menlo Park Planning Department will be preparing to enact a new residential zoning ordinance early next year. There has been a lot of information and misinformation circulated about this ordinance, but few people have taken the time to read it.

You can read the current version of the ordinance on the city website http://www.ci.menlo-park.ca.us and click on Residential Zoning to find out what it really says instead of just listening to the rhetoric.

This ordinance is a compromise that strikes a balance between the rights of a homeowner to build on his property, and the rights of the neighbors to continue to enjoy their property. As with all compromises, neither side gets exactly what it wants.

The ordinance differs from the current version primarily by eliminating the designation "substandard-size lot," so all lots will be treated the same. Under the current ordinance, half the lots in the city, which are considered "standard size," receive building permits with no neighbor input whatsoever. The remaining "substandard" lots cannot receive a building permit for a major remodel without neighbor notification and approval.

For years, many people who own substandard lots have complained that this approval process is unpredictable and capricious, since they have no idea if a project will be approved until after they have spent tens of thousands of dollars on architect's fees. They have asked the city to replace this unpredictable process with a rules-based ordinance, which would also save the city the time and expense of holding numerous public hearings.

For years, many residents have also complained about the construction of so-called monster homes. Under the existing regulations, very large houses can be built on any standard lot with no input from neighbors or the planning department.

However, the proposed zoning ordinance subjects so-called "maxed-out" development to review by neighbors and the planning department. The only houses that can be built without neighbor approval are those that have significantly less impact than the present ordinance allows.

Major remodels or new houses will be handled in one of three ways under the new residential ordinance:

Tier 1. If a homeowner is willing to accept much tighter restrictions than under the current ordinance, he can build if he meets these tight requirements for height, daylight plane, lot coverage, and so on. This tier has no provision for input from the neighbors since it is much more restrictive than the current ordinance.

Tier 2. If a homeowner wants to build a house that maximizes daylight plane or other numbers to their current limits, he can no longer receive approval over the counter. Under the new ordinance he must have public hearings at which the neighbors are invited to give their opinions about whether or not the city should approve the project. Based on this input, the planning department decides whether or not to approve the project.

Tier 3. If a homeowner wants to build a house that exceeds the height, square footage, or other limits, the current rules remain unchanged - he must apply for a variance that entails neighbor notification, public hearings, Planning Commission hearings, and possibly other hurdles.

The draft ordinance is on the city Web site where the public can see it, and paper copies are stacked on the counter in the planning department office. Please take the time to read the ordinance for yourself so you can understand the impacts that it will have on you and your neighbors.

Sue Kayton lives at 1854 Doris Drive in Menlo Park.

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