The Mercury News

City Council holds off on rules restrictin­g the sizes of homes

- By Joseph Geha jgeha@bayarea newsgroup.com

Three weeks after voting to approve zoning amendments to further restrict the size of remodeled or new two-story homes in singlefami­ly neighborho­ods, the Fremont City Council has decided to hold off on those changes.

After hearing from 30 people who spoke for or against tighter house size rules, the council decided to discuss alternativ­es at a future meeting.

The decision extends a conversati­on that has been wending through multiple public meetings since February, when the council first asked city staff to examine the issue of “oversized second-story home additions” in response to public concerns.

On Oct. 17, the council voted 4-1 that in single-family neighborho­ods, the first story of a new or rebuilt home could not exceed 45 percent of the lot size and the second story could not surpass 25 percent of the first story size.

Those rules were to be put on the books Tuesday if the council adopted them as part of its consent calendar, which contains items considered routine enough to be approved by a single vote without discussion.

But the council removed the item from the consent calendar for discussion because so many people had requested to speak about the rules and weigh in on a continuing debate about how best to preserve “community character” while not infringing on people’s ability to expand their homes.

“I don’t think we’re going to be reaching a consensus tonight on the second-story guidelines,” Councilman David Bonaccorsi said following nearly an hour and a half of public comment and council discussion.

“I’m glad there’s been an outpouring of conversati­on, of interest, of engagement, and this is apparently not going to be the last time people can speak on the issue,” he added.

Some speakers asked the council to ease the restrictio­ns so homes could be built large enough to accommodat­e expanding families, some with three

generation­s under one roof.

Others supported the council’s previous decision or asked for even tighter regulation­s.

Kathy Scott said she paid a lot of money to live where she does and have a view of the sky, but her neighbor behind her built a home big enough to blot out that view and rob her of her privacy.

With a chuckle, she told the council she “can’t burn down the home that’s behind me,” but wants to ensure others don’t lose their views or privacy.

Mayor Lily Mei and Councilman Vinnie Bacon expressed concern over waiting too long to adopt a firm set of rules; the council did not set a definite date for taking up the issue again.

“I would prefer we go with the existing ordinance with no changes, rather than do nothing, and then looking at possible changes going forward,” Bacon said.

Mei told the audience the council’s decision last month had already taken into account community input over privacy and neighborho­od character, as well as what other cities had done with regard to size limits.

“I am worried because this is something that has been dragging on for a substantia­l amount of time,” the mayor said.

Current restrictio­ns limit the first floor to 40 percent of the lot size and the second floor to 60 percent of the size of the first, with certain design specificat­ions.

Vice Mayor Rick Jones said the solution will not be “one size fits all,” and the decision hinges on striking the right balance.

“I think this is too important an issue to not merit some further investigat­ion and some further study,” he said.

The council did formally adopt other home design rules and a “solar access” ordinance that ensures new or remodeled buildings won’t cast excessive shadows over a neighbor’s solar panels.

“I think this is too important an issue to not merit some further investigat­ion and some further study.” — Fremont Vice Mayor Rick Jones

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