Atherton mulls basement, underground garage rules

It’s not on the agenda, but it’s safe to say that the phrases “excavation surcharge,” and “off-haul fee” are going to come up at the Atherton General Plan Committee meeting, which starts at 6 p.m. Wednesday, September 13, in the council chambers at 94 Ashfield Road.

Among the hot topics that the committee is set to discuss: whether people should be allowed to build basements underneath guest houses; and if underground garages should be banned.

Anything that involves digging up dirt is bound to bring up Atherton’s controversial surcharge on off-haul — a fee of $22 per cubic yard is imposed on dirt that is trucked on or off the construction site. The fee is intended to cover damage to the town’s roads caused by the heavy trucks.

A group of Atherton residents, contractors and developers has organized around opposition to the excavation fee, which group members say is an illegally imposed tax.

The Atherton City Council is awaiting a legal review of the year-old excavation surcharge, which should be ready in time for its September 20 meeting.

Atherton has issued 20 excavation permits since mid-May 2005 and collected a little over $350,000 in fees, according to Gary Binger, the town’s interim planning/building administrator. Because of questions about the legality of the fee, the town has entered into four standstill agreements, to allow excavation projects to go forward without paying the fee, he said. The standstill agreements preserve Atherton’s right to collect the fee later.

Also on the General Plan Committee agenda is a draft preservation ordinance for historic artifacts, and a discussion of building size rules for larger lots.

The General Plan Committee is an advisory body to the City Council. To view the agenda, go to ci.Atherton.ca.us and click on “Agendas, minutes and reports”; or call 752-0500 for information.