Dear City Council -

I would like to urge your consideration of the following relative to the
issues of a traffic safety analysis and the floor area measurement
policy described in staff report #07-033 for the February 27th Council
meeting (involving 1906 El Camino Real.)

1) The proposed project comprises 10,098 square feet, as stated on page
1 of the December 18, 2006 staff report for the Planning Commission.
That same staff report states that the FAR (floor area ratio) is only 9,
825 square feet because "This floor area does not include the open
stairs, elevator equipment room, building utility room and open balcony
on the second floor. The elevator has been included in one level for the
floor area calculation. Utility rooms shown in each office suite have
been subtracted out of the total floor area."

Interestingly, the staff report also states: "Actual interior floor
plans for the medical/dental office suites have not been submitted."

2) The total gross square footage (FAR) for commercial projects, when
exceeding 10,000 FAR , is a trigger for additional analysis of traffic
and potentially of other environmental impacts. A traffic analysis can
be required when the SF is less, such as when there are reasonable
concerns regarding safety or other adverse traffic impacts. Neighbors of
this project have raised concerns, and the detailed staff report for the
Planning Commission estimates trip generation for the AM peak hour
traffic for medical/dental office would far exceed that of a "quality"
restaurant (24 trips/hour instead of 5 trips/hour) albeit less than for
a fast food restaurant (67 trips/hour).

It is my understanding that the traffic-related concerns are not solely
related to the quantity of trips but rather to pedestrian safety as well
as the safety of making turns at the un-signalized intersections of
Watkins at both El Camino and at Middlefield.

3) FAR is clearly defined in the "Planners Pocket Guide" published by
the League of California Cities as "The gross floor area of all building
on a lot divided by the lot area." And "Floor Area, Gross" is defined
as "The sum of the gross horizontal areas of the several floors of a
building measured from the exterior face of exterior walls, or from the
center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles or any space
where the floor-to-ceiling height is less than six feet."

4) Consistent with the above, the Menlo Park Zoning Ordinance rules
related to "Floor Area Ratio" and "Gross Floor Area," which apply to R-3
and the commercial/industrial districts, clearly state that measurements
are taken from outside wall to outside wall (See section A below for the
actual wording in the Definitions section of Menlo Park's Municipal
Code.)

The definitions do NOT exclude areas not counted in the 9,825 SF total
FAR for the proposed project for 1906 El Camino Real.

5) In contrast, the Menlo Park Zoning Ordinance rules related to "Floor
Area Limit" and "Floor Area" explicitly exclude a number of areas such
as certain stairwell space, attics, basements, chimneys (see section B
below.) These exclusions were intended by definition rather than by
informal staff interpretation.

I recommend that Council direct staff to strictly interpret these Zoning
Ordinance rules. Property owners and the public respect clear rules and
consistent adherence to those rules. When this does not occur, those who
rely on more liberal interpretation of rules unfairly benefit relative
to those who rely on more strict interpretation. For a given project,
the differences may seem minor but cumulatively across multiple
projects, and larger projects, the differences can be quite substantial
in impact to both the property owner and the community.

As a former Planning Commissioner, I know that the Zoning Ordinance
contains numerous conflicting and unclear definitions and rules that
could be improved. In this instance, however, the definitions of FAR and
gross floor area are clear. Please enforce them.

 
Sincerely,

Patti Fry
Menlo Park resident

DEFINITIONS EXTRACTED VERBATIM FROM MENLO PARK MUNICIPAL CODE (except
the Section titles):

SECTION A. THE FOLLOWING APPLIES TO R-3 AND COMMERCIAL/INDUSTRIAL ZONING
DISTRICTS:

BM_4616.04.315 Floor area ratio.

"Floor area ratio" applies to R-3, commercial and industrial zoning
districts and means the maximum permitted ratio of the total square
footage of the gross floor area of all buildings on a lot to the square
footage of the lot. (Ord. 822 § 3 (part), 1991: Ord. 790 § 1 (part),
1989: Ord. 739 § 1 (part), 1986).

BM_47BM_4916.04.325 Gross floor area.

"Gross floor area" applies to R-3, commercial and industrial zoning
districts and means the area within the surrounding walls of a building
measured to the outside surfaces of the exterior walls or portions
thereof, exclusive of vent shafts, courts, covered parking, and other
structured parking. (Ord. 822 § 3 (part), 1991: Ord. 790 § 1 (part),
1989: Ord. 739 § 1 (part), 1986).

 SECTION B. THE FOLLOWING APPLIES TO R-1 AND R-2 RESIDENTIAL ZONING
DISTRICTS:

16.04.313 Floor area.

(a) For all single-family residential and R-2 zoning districts, "floor
area" means the total square footage of all stories of all structures
with a solid roof that exceeds six feet (6′) in height above grade, as
measured from the face of foundation. Floor area includes all covered
parking, including garages and carports, and below grade parking.
(b) Floor area is measured as follows:
(1) For single-story development in single-family residential and R-2
zoning districts, except R-1-U (LM), all floor area where the distance
between the finished floor and the roof directly above it measures
seventeen feet (17′) or greater, shall be included at two hundred
percent (200%) floor area (See Fig. 1).
(2) For two story development in single-family residential and R-2
zoning districts, except R-1-U (LM):
(i) Interior space that has a ceiling height greater than twelve feet
(12′) from finished floor level, other than stairwells, shall be
included at two hundred percent (200%) floor area. This same area shall
also be included at one hundred percent (100%) toward the maximum
allowed second floor square footage (See Fig. 2).
(ii) Attic space where the distance between the top of the ceiling joist
and the bottom of the roof sheathing measures five feet (5′) or more,
shall be included at one hundred percent (100%) floor area, but shall
not be included as part of the second floor calculation of floor area
(See Fig. 2). Attic space where the distance between the top of the
ceiling joist and the bottom of the roof sheathing measures less than
five feet (5′) shall be excluded from the floor area.
(3) For all development in the R-1-U (LM) zoning district, interior
space that has a ceiling height greater than twelve feet (12′) from
finished floor level to top of ceiling joist or roof framing shall be
included at two hundred percent (200%) floor area, with the following
exceptions:
(i) Stairwells shall be included at one hundred percent (100%) floor
area;
(ii) Interior ceiling heights greater than twelve feet (12′) for up to
twenty percent (20%) of the proposed floor area of a single-story
structure shall be counted at one hundred percent (100%) floor area;
(iii) Attic and other storage space located between the top of the
ceiling joists and immediately below the roof sheathing and that does
not include any of the following: [a] finished floors, walls, or ceiling
drywall coverings, [b] access to the space from a permanent staircase or
door, [c] more than two lighting fixtures and one receptacle outlet, or
[d] heating and/or rough plumbing provided to the space shall be
excluded from the calculation of floor area.
(c) Floor area shall exclude:
(1) Basements under structures with a main floor level of thirty inches
(30″) or less above grade in all single-family and R-2 zoning
districts, with the exception of the R-1-U (LM) district where basement
areas that extend beyond the footprint of the structure at grade and
that do not provide code-mandated egress or exiting shall be included in
the floor area;
(2) Garden structures, such as arbors and trellises with a semi-solid
roof;
(3) Covered porches and patios structurally attached to the exterior of
the main residences or detached accessory buildings, provided that one
end is open and faces out from the structure;
(4) Bay window protrusions that do not provide foundation and that are
no more than seven feet (7′) in length;
(5) Chimneys and fireboxes or fireplaces; and
(6) Eave overhangs.
(d) Grade is defined as the average of the highest and lowest points of
the natural grade of the portion of the lot covered by the structure.
(e) The main floor level of a split-level development is defined as the
level with the largest floor area.
(f) The finished floor level of the ground floor of any development
shall be the lesser of the actual finished floor level or a point that
is eighteen inches (18″) above grade. (Ord. 948 § 1 (part), 2006: Ord.
852 § 2, 1994).

BM_4516.04.314 Floor area limit.

"Floor area limit" means the maximum permitted floor area for a property
within the single family residential or R-2 zoning districts. For the
purposes of determining the floor area limit, neither the panhandle
extension of a panhandle lot, nor a private driveway or access easement
across another lot to a panhandle lot, shall be included as part of the
panhandle or other lot. (Ord. 822 § 3 (part), 1991: Ord. 790 § 1
(part), 1989).
Received on Sat Feb 24 16:22:50 2007