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Atherton zoning overhaul loosens some rules

by Andrea Gemmet

Atherton homeowners will find it easier to install a fountain in the front yard, add a second kitchen, or bump out a bay window. Revisions to the zoning ordinance have loosened some regulations, clarified others, and reorganized the zoning codes that govern land-use throughout the town.

Zoning codes may not be the sexiest of topics, but decisions about what can and can't be built are of vital interest to property owners, and can have a big impact on property value.

The comprehensive update to the zoning code was approved by the Atherton City Council 4-1, with Jim Dobbie opposed, at the Oct. 21 meeting.

The goal wasn't to rezone the town or make major changes, but to update an increasingly unwieldy and occasionally inconsistent zoning code. The Atherton Planning Commission worked on it for nearly a year before sending it on to the council in August.

Key changes include allowing homes to include more than one kitchen — opening the door for the creation of in-law apartments — and exempting covered patios from floor-area limits. Getting permission to install fountains, trellises or other small structures in a front yard will get easier.

Light restrictions

Other changes have to do with placement of light wells for basements, requiring a 20-foot setback for entry gates, and eliminating the exception review process.

The council stripped out a proposed requirement to shield outdoor lighting and prevent it from spilling into neighboring properties, siding with town staff over the Planning Commission.

"Streets should be kept reasonably rural," Planning Commission member Hermann Christensen told the council. "(Lights) glaring all around on the street is not in keeping with the traditions of Atherton."

Town staff opposed adding stricter lighting regulations, similar to those in Woodside, saying it would be overly restrictive and would create too many nonconforming properties throughout the town.

Mayor Jerry Carlson pointed out that light coming from homes provides a measure of safety along Atherton's otherwise dark and largely unlit streets.

"There's a great deal of concern about safety as you look out on a one-acre parcel, and (wonder) who might be lurking in the woods out there," said Atherton resident Joe Comartin.

A split council concurred on dumping the lighting restrictions, with Mr. Dobbie and Ms. McKeithen opposed.

Another proposed addition would have allowed rear and side fences up to 8 feet tall, instead of current regulations that keep them to 6 feet and under. It also failed to pass muster with the council.