By Linda Taaffe

City requires lower percentage of voter support under modified zoning law

ewer neighborhood votes are needed to ban two-story homes from certain Los Altos streets under an updated overlay zone ordinance.

The Los Altos City Council recently decided to drop the 70 percent majority vote needed to prohibit the construction of two-story homes within a defined neighborhood to 66.7 percent or a two-thirds majority vote - the same percentage required for bond elections.

The adjustment is part of a number of revisions in the single-story overlay zone ordinance that the council approved March 26 to improve the application process after the law hit some snags during the first year it went into effect.

Three neighborhoods have applied for, and approved, the zoning change since the council passed the law in May 2000.

The city law was intended to quiet neighborhood construction squabbles between those who want to preserve the rural character of their neighborhoods and those who want to build two-story homes. The construction of two-story homes or additions is prohibited for seven years if a neighborhood approves the zoning law through secret ballot.

The voting process and the expiration of the ban spurred the most comment from neighborhoods that applied for the zoning. Residents complained that the 70 percent majority vote was too high, especially since “non” votes were counted as “no” votes under the ordinance.

In addition to lowering the majority needed to pass the ban, the council agreed to include only valid votes in the final count. Each parcel counts as one vote. If more than one property owner casts a vote, the votes will be split to represent one for that particular parcel.

The ban will no longer expire at the end of seven years. If neighbors decide they want to lift the ban at the end of the seven-year period, they must reverse the application process that was required to put the ban in place.

Not everyone supported the voting changes - including Councilwoman Kris Casto, who said “it should be the strong will of a neighborhood to do that.”