GUEST OPINION: Zoning law satisfies task force member GUEST OPINION: Zoning law satisfies task force member (February 18, 2004)

By Don Lowry

Menlo Park has spent over five years to revise its residential zoning ordinance. As a member of the Residential Review Task Force and later as a member of the Initial Building Guidelines Committee, I spent two years working to find a solution for a revamped zoning ordinance. In my opinion the present ordinance best meets the objectives of a majority of the task force.

The purpose of the majority was to make more the use permit process more equitable by eliminating the "substandard" lot classification and by redirecting the subjective review from the planning commission. The new ordinance achieves these goals.

All members of the task force agreed that "substandard" lot classification should be eliminated. Under the original zoning ordinance a building permit was issued for "standard" lots that met the requirements of its zoning district (for lot area and dimensions) and complied with the zoning ordinance. The result was that the building code allowed many two-story homes to be built that were in conflict with neighborhood desires.

If a lot did not meet zoning district requirements or if a 50 percent improvement was proposed, it was considered "substandard" and a use permit was required. (It is important to note that in Menlo Park 40 percent of the lots are under 7,000 square feet and in a great majority of cases are classified as "substandard.") When a use permit was required, the zoning ordinance no longer applied. The result was that granting the building permit now became subjective at the discretion of the planning commission. The process could take from six months to two years depending on the backlog and the desires of the commission.

The new zoning ordinance does away with subjective determinations for building permits. In its place it incorporates stricter rules for obtaining these permits and gives applicants an option to avoid a public hearing by adhering to these rules. New two-story homes can be built but to tighter standards. It should be noted that if a neighborhood desires stricter rules than those in the ordinance, it could apply to the City Council for amended rules through a zoning overlay. This procedure was successfully carried out by the Felton Gables neighborhood.

Many attempts have been made to obtain an acceptable set of guidelines for buyers of new homes. My feeling is that these guidelines are an important tool but should only be used as the word states, as a guide to a better community. It is my recommendation that the City Council appoint a committee to prepare such guidelines.

I believe the new zoning ordinance best meets the requirements of the community in providing acceptable standards for new and remodeled two-story housing.

Don Lowry lives on Hallmark Circle in Menlo Park.

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