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Council Watch
Neighbors cast a wary eye at the new design review ordinance
Planners promise that review will not mean automatic rejection of remodels
By Jessica Lyons
Subjectivity is a double-edged sword--and a chief concern among Glenites when it comes to a proposed single-family design review ordinance.
On one hand, residents don't want to see the city's historic neighborhoods turned into cookie-cutter homes, all the same style and color because of harsh design limitations. But at the same time, neighbors want to certain that the house going up next door won't be a monster-sized pink elephant.
At the first of a series of public outreach meetings, held April 22 in City Hall, City Planners did their best to assure wary San Joseans that the proposal is only a draft and that being subject to a design review is not an automatic rejection. But several local residents--about 35 attended the meeting--weren't easily placated.
While most agree that some type of design review is needed, several worry that under the current proposal, hopeful home builders' dreams will be quashed because planners--or neighbors--don't like the color of paint they chose for the door.
"I'm very cognizant of maintaining the character of neighborhoods, but I am also sympathetic to the views of individuals who would want to build a larger house," Willow Glen resident Jim Stapleton said. "I'm very concerned about allowing people to have a say on what I do with my property, but I also don't want to infringe on their view. I'm not going to go to a neighbor and tell him I don't like their paint job, I don't like their landscaping, or the fact that they park their cars in the street or that their kids leave their toys in the front yard. I am never going to go to them because it's none of my business and it's their property."
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 construction of all new single-family homes, as well as any remodels or additions that hit certain "triggers."
These triggers 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.
"These are not codified standards, these are simply triggers, that if met will trigger the need for a site development permit," said Jean Hamilton, senior planner for the City. "Just because you have to come in for a design review is not an automatic rejection. It's not the intent of this process to second-guess homeowners on the style of their home. The intent is to really look at the development in the context of the neighborhood, not in a vacuum."
Factors taken into account in the design review process would include neighborhood compatibility, pattern of development, scale of development and street-scape. 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.
But calling nearly every remodel in for a design review is not the answer say some neighbors. The city needs to be more specific in what builders can and can't do.
"We have heard a lot about this issue and people are very concerned about the objectivity," said Kris Cunningham, president of the Willow Glen Neighborhood Association. "Whenever planning is really subjective, you end up having neighbors pitted against neighbors. I don't think the vast number of people want to be super-restrictive, but for now, it's a free-for-all. I do believe the vast number of people would prefer something more definite."
More information on the proposed ordinance is available online at www.ci.san-jose.ca.us/planning/sjplan.
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Willow Glen, California Since 1992
