Council Watch

City takes steps to create new process for the review of 'monster houses'

Frank Fiscalini spearheaded the move for design review of remodels

By Jessica Lyons

In the first step toward harnessing what is perceived as a local invasion of "monster homes," the San Jose City Council gave the go-ahead last week to public debate over a proposed review process.

The proposed ordinance, introduced by Willow Glen's representative on the council, Frank Fiscalini, would require that new homes in older neighborhoods, as well as major additions and rebuilds of existing homes undergo review.

The debate is not a new one to Willow Glen. As more San Joseans move to the city's older neighborhoods, these neighborhoods are becoming battlefields. On one side are property owners making what they see as improvements to their homes by adding floorspace and a more-dramatic profile. On the other side are neighbors, who say the resulting "mini-mansions" are destroying the look, feel and integrity of some of the city's nicest neighborhoods.

"This is an emotional issue," says Michelle McGurk, Fiscalini's chief of staff. "People really love their older neighborhoods. There are ways we can allow people to have enough home to meet their needs and still be sensitive to the adjacent property owners. If the rules are clearly set and understandable, it is always a lot easier for people."

Presently, homeowners wishing to build onto their houses basically have free rein over any additions. As long as the construction conforms to single-family zoning standards, the city does not review the design or give neighbors an opportunity to comment.

Under the proposed legislation, city planners would review the new construction of all new homes and remodels that could possibly alter the "neighborhood character."

"What this means is that everything is taken on a case by case basis," Willow Glen Neighborhood Association president Kris Cunningham says. "Neighbors are commenting on neighbors--it gets personal.

"I'd like to see a few stricter rules so you have less cases going before Planning. [The proposal] means more work for the Planning Department, and more situations where people may become angry with one another. I'd like to see that minimized if at all possible."

Under the proposed legislation, a site development permit would be required for construction of all new single family homes. Plans to remodel existing homes would also need a site development permit when they hit certain thresholds "at which alterations could potentially affect neighborhood character."

These thresholds include changes to the ratio of floor area to lot size; the addition of a second story; a square-footage increase above a given percentage; and the removal of exterior walls or roof rafters. Alterations to homes that are city landmarks or are listed on the city's Historic Resource Inventory would also undergo design review.

The factors taken into account in the design review process would include neighborhood compatibility, pattern of development, scale of development and streetscape. Property owners and residents within a 30-foot radius of the property undergoing such construction would receive notification of a public hearing before the Planning Commission.

The proposal is now open to public discussion. The first community meeting to receive input from neighborhoods as well as developers on the proposed review process will be held April 22 at 6 p.m. in City Hall, room 106.

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