Menlo Park: Two-home project draws suit Menlo Park: Two-home project draws suit (January 14, 2004)

By Rebecca Wallace

Almanac Staff Writer

The neighbor of a two-home project in the Allied Arts neighborhood of Menlo Park has sued the city, the City Council and the property owners, claiming that the project's potential impacts on the area have not been adequately studied.

Lisa Shumway, who filed the suit on January 8, stated in her complaint that she fears significant impacts on area "traffic and circulation, storm water runoff and damage, noise, public safety, privacy and quality of life" from the project.

Property owners Richard and Shirley Li are planning two two-story homes on the Cambridge Avenue site, along with attached one-car garages and a sunken patio connecting the homes' basements. The structures would replace two older houses currently on the property.

Last October, the City Council gave the project the go-ahead by approving a use permit, which was needed because the property is too narrow to be considered a standard lot. But Ms. Shumway is calling for a higher level of scrutiny, which could include a full environmental impact report.

Ms. Shumway, who lives behind the project site, has told the Almanac that the planned homes would be glaringly oversized in the neighborhood and have windows looking into her bedroom. She has also voiced concern that the proximity of the homes could have an adverse effect on her young autistic son, who is very sensitive to sound.

Responding to the lawsuit, City Attorney Bill McClure said city staff and the council deemed the project exempt from the EIR requirement because those studies are typically for much larger developments.

"There are absolutely zero published cases holding that a city has to do an EIR for a two-unit project," he said.

Mr. Li said he intended to defend himself against the suit by hiring a lawyer. He added that he had included several features in the project to minimize its impact on the environment, including reducing the amount of paved surface area. In addition, he said he's planning to have much of the cutting and hammering of materials done off-site to cut down on neighborhood noise.

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