Time to test new zoning ordinance Time to test new zoning ordinance (December 24, 2003)

Despite cries of protest from Planning Commissioner Patti Fry and others that it will ruin neighborhoods and pave the way for more "monster houses" built by out-of-town speculators, the Menlo Park City Council approved a sweeping new residential zoning ordinance last week that will greatly streamline the way new housing is approved in the city.

Largely the brainchild of council member Mickie Winkler, the ordinance greatly simplifies procedures for new homes and remodeling projects, permitting the most basic plans to gain approval from planning department staff members. Under present law, projects on about 50 percent of the lots in the city must pass muster with the Planning Commission, a journey that can be costly and time-consuming.

Ms. Fry, the commission's chairwoman, was among a sizable group of residents fighting for an alternative proposal that they say protects neighbors of major house projects next door from losing privacy and access to daylight without even being notified that such a project was coming.

Ms. Winkler contends that the new ordinance contains adequate notification and that even more notice is required for proposed houses that exceed basic guidelines.

In the end, Ms. Winkler, Mayor Lee Duboc and Nicholas Jellins prevailed, as expected, in a 3-2 council vote. Councilman Chuck Kinney's valiant effort to establish a design review component in the ordinance failed, 2-3, gaining only the support of Councilman Paul Collacchi. The ordinance still needs to pass a second reading by the council, but that is essentially a formality.

Perhaps bowing to some of the strongly worded arguments from opponents, Ms. Winkler wisely did include a provision for a committee to monitor the ordinance for the first six months after its enactment. Representatives from the council, Planning Commission and city staff, as well as an architect, will serve on the committee, which will alert the council to any problems that might come up.

Two other concessions from Ms. Winkler also will be added to the measure, although neither will materially change the basic thrust of the ordinance.

As we have often stated in this space, any new zoning ordinance should preserve the delicate balance between the rights of long-established residents and those wishing to build new homes next door. Neighborhood guidelines should be respected, and homeowners should be notified if the house next door is to be scraped away to make room for one twice or three times its size.

The committee will provide a good opportunity to determine if these criteria are being met. Ms. Winkler all along has called for an assessment at 18 months, as well. It is time to stop the dissension on this important ordinance and see how the new building guidelines will be received. The six-month review, and the look back after 18 months, offer a good opportunity to make that happen.

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