Do I think this guy should have done it? Yes. But in some respects its like any other legal principle, at some point the “error” is not enough to hold up a whole project. Someone somewhere with time on their hands ends up down at these hearings to complain about this or that.

In cities that do have residential design review, the projects are automatically heard in public and anyone from anywhere in the city can take a shot. That is pretty different than having surrounding neighbors sign the drawings to show that they have seen them. Yes our process is onerous, and unfortunately when plans are shown to all of the neighbors (not a bad idea) there is often someone whose idea of their entitlement in the process outstrips the intent. Mr. Kapor shouldn’t be told what kind of house to build, but he should be held responsible for letting the neighborhood know what’s coming, just as others have been before him. He should play by the same rules and receive the same treatment as everyone else. A level playing field is all that the appeal is about, really. Many people didn’t feel as if they were given a sufficient chance to understand the proposal. Had ZAB been a little kinder, a little more reasonable, and a lot more thorough, and had the proponents been more forthcoming, there wouldn’t have been an appeal.

You sound like a veteran of the process yourself. It can really lead to toxic outcomes where neighbors and project proponents feel terrible for years afterward. It is really difficult to handle the process in such a way that everyone feels good in the end, but I have seen that outcome too. It is always dependent on good information, good listening and accommodation where it can be had; in fact I have seen cases where the building actually improved due to the process of engaging neighbors’ concerns. Sadly that outcome is by far the more rare one.

In terms of “Staff” they live in their own universe where they make up the rules as they go along. Lord forbid you should disagree with their interpretation, they’ll hold you up for months. Here the code allows them some wiggle room, however, b/c it is not entirely clear; it should have said “…or IN OTHER DISTRICTS ONLY as determined necessary by the project planner.

JNG: As for Berkeley having too many rules, you might want to know that Berkeley is one of the few cities around these parts that DOESN’T have residential design review. Imagine that. Maybe the rules are onerous; they certainly have been for many people for many years; but they are the rules that we have and until they change they should apply to everyone equally.