Prospective applicants should reach out to PlanningDept@menlopark.gov to initiate the variance submittal process. Staff will confirm that the proposed use requires a variance and work with the applicant to submit all required documents. See the application submittal guidelines(PDF, 460KB) for more information about typical requirements. In particular for variances, a Variance Request Letter is required, which consists of the applicant proposing how the required variance findings can be met. The letter and/or plans may also benefit from graphical analyses showing how a non-variance proposal may not be feasible. As part of the intake process, staff will schedule a meeting with the applicant to review the proposal and coordinate next steps.
The applicant will also be asked to create an account on the online permit center, if they don't already have one. At the conclusion of this phase, staff will create a record in the City's online permit center and invoice any required fees.
As specified on the fees and payments page, the applicant will submit payment online for all invoiced fees. Fee amounts are specified in the master fee schedule, and fees should only be paid on the official City online permit center. Note that the initial variance fee is a deposit, with staff time charged against that amount. Once the deposit is expended, the applicant will receive quarterly invoices for staff time above the deposit, as well as for any additional charges (such as public notice mailing charges, technology and General Plan fees, etc.).
After initial fees have been paid, a Planning Division staff member will be assigned to oversee the proposal, and they will commence detailed review. Concurrently, a mailed public notice will be sent to owners and occupants near the proposal, notifying them of the proposal and the process to relay comments/questions. Throughout the review process, staff may hear from neighbors and other interested parties and will share feedback with the applicant for their knowledge and consideration.
Within 30 days of fee payment, staff will confirm whether the application is complete/consistent and thus ready for action, or whether corrections/augmentations are required. In the latter case, a letter specifying all questions or issues will be issued, and the application will go into "pending resubmittal" status. Once the applicant resubmits via the online permit center, the staff review cycle will start again. Note that multiple rounds of review may be required before a proposal is ready for action.
Once a variance proposal is deemed complete/consistent, staff will identify a likely Planning Commission meeting date and will confirm that the applicant and any associated team members are also available for that date. In-person attendance is recommended, although virtual meeting participation is an option upon request.
Once the meeting date is confirmed, staff will prepare the public hearing notice, which is published in a local newspaper, posted at City offices, and mailed to owners/occupants of property near the proposed site (typically 300 feet, but larger distances may be required for certain proposals). The notices will specify the meeting date/time/location and the options for submitting comments.
The week before the specified meeting date, Planning Division staff will publish a staff report describing and analyzing the proposal and including a recommended action. Plans and other project materials will be attached to the staff report, along with public correspondence (if any has been submitted). Staff reports are available as part of the meeting agenda, which is posted on the City's agendas and minutes page.
On the specified date, the Planning Commission will hold the public hearing, typically at the City Council Chambers. The applicant (and architect/designer, if they are not also the applicant) are typically expected to attend and represent the proposal. A short applicant presentation is typically expected for a variance proposal, and Planning Commissioners may ask the applicant and/or other team members questions. The Planning Commission will also ask for public comment and will consider any that is relayed at the meeting. The Planning Commission will next deliberate/discuss, and will typically act on the proposal that evening, although a continuance to a future meeting sometimes occurs if there are questions or changes needed. The Planning Commission may adopt the staff-recommended action as presented, although it may modify the recommendation or pursue a different approach.
Following the meeting, staff will issue the formal action notice to the applicant. The action will include the required findings and any conditions of approval.
If approved, a variance must be implemented within a required period, typically one (1) year. Approved variances must also adhere to all conditions of approval, and permits may be revoked if conditions are violated or other findings are triggered. A revision or new variance can be required in the future, if the structure/site are proposed to be significantly altered. As noted earlier, charges for staff time above the initial deposit are billed quarterly, and depending on the action date, the final invoice may not arrive until several months afterward. Payment of all invoiced Planning fees is required prior to issuance of any associated Building permit.