By Editorial

Los Altos’ first one-story-only neighborhood is in the books with recent city council approval of an overlay zone allowed under a May 2000 ordinance. For these residents, along Merritt Road, East Edith, Beverley Lane and North Gordon, the action caps an involved and costly process to retain one-story integrity.

The overlay zoning effectively prohibits building of a two-story home for seven years.

We have supported the overlay concept because it allows residents some control over the look and character of their neighborhoods. Property-rights advocates will argue the law unfairly prohibits them from developing their property as they see fit. But such an ordinance is likely to apply to only a few neighborhoods - hardly affecting the ability of those looking to buy and go up two stories.

But getting such zoning involves a number of hurdles: a $4,075 application fee (as opposed to $1,135 for Mountain View’s overlay ordinance application); and a 70 percent majority needed for the zoning to pass. In this latest action, 72 percent, or 85 out of the affected 110 homes in the Merritt-Gordon neighborhood, favored the zoning.

While the 70-percent rule is a good indicator of resident support for such zoning, a few other aspects of the ordinance could be improved: the $4,075 fee seems like a lot to pay. Sure, staff time needed to process such applications. But unlike Mountain View’s law, which exists in perpetuity or until residents change their minds, Los Altos residents in such overlay zones must re-apply - and pay another fee - every seven years.

While residents do have access to this tool to preserve their neighborhoods, it is, in fact, a difficult - perhaps too difficult - tool to acquire. Perhaps the city should borrow a page from Mountain View to make the ordinance a tad more accessible.