Council Explores Greater Public Input for Commercial Development

By Jorge Casuso

Virtually every new commercial development would be assured public review under an ordinance proposed by the City Council Tuesday night.

In a hotly debated 4 to 3 decision, the council directed staff to draft a measure that would require public input for any commercial development larger than 5,000 square feet. Currently, only commercial buildings larger than 30,000 square feet require Planning Commission approval.

Proponents contend that the proposed ordinance will give neighborhoods a say in new developments that are increasingly dotting the city.

"The issue is the impact on the quality of life to the people that live nearby," said Councilman Kevin McKeown, who sponsored the proposed measure. "There will be more projects coming before the Planning Commission, and that's what a Planning Commission is for."

"What this really does is simply going to allow people to have input on developments that will have an impact on their lives and residences," said Mayor Ken Gener.

But opponents of the ordinance argue that lowering the threshold will backfire because developers will have no incentive to build smaller buildings if they take as long to process as a large development.

"If you make people go over higher hurdles, they'll go over," said Councilman Robert Holbrook. "Why not build the biggest dam building you can? You may slow (development) down a couple of years, but it will come like a freight train. The substance of this is a big mistake, and when we're done what will the public get? Bigger buildings."

"I think this will end up leading to larger buildings because developers now are bringing in projects smaller to avoid lengthy process," said Councilman Paul Rosenstein. "This will have the opposite effect."

Opponents also contend the proposed ordinance would "bog down" a Planning Department that already is backed up with a heavy workload and force the City Council to micro-manage projects appealed after a Planning Commission hearing.

"This appears to be a major, major endeavor," Rosenstein said. "It will totally bog down the work of the city. The City Council will spend an inordinate amount of time on minor, minor issues."

"We're talking about a department that's buried with a workload," Holbrook said. "They won't see daylight for another 50 years."

Planning director Suzanne Frick said lowering the threshold "certainly will increase" the number of projects that go before the Planning Commission.

"In the long run, it will impact our workload," Frick said. Increased delays, she said, "definitely could be a consequence of this."

Proponents of the measure said that lowering the threshold was necessary to curb future development in an already overdeveloped city.

"As a very built out city, we have very little margin for error," said Councilman Michael Feinstein. "It makes sense to do that ounce of prevention up front. We can exact higher standards because people want to build here."

Council member Pam O'Connor said city staff should propose lowering the threshold to a level greater than 5,000 square feet.

"I think the 5,000 square feet may be too low a threshold," said O'Connor, who opposed the measure.

Staff is expected to study the impact of lowering the threshold to several different levels and come back to the council with a proposed ordinance.