Matt, This email was sent to you 8 days ago. This is a SB9 project that
you, PW and entire staff of city of MP screwed it up with all your nonsense
excuses at applicants expense. We need ANSWERS and not every 2 weeks...I
am copying HCD investigator Troy Andres that is assigned to this case.
Respond immediately to our questions.
Mircea
On Wed, Nov 12, 2025 at 10:07 AM Mircea
wrote:
> Matt, Thanks for the summary.
>
> Before any options are considered pls help us clarify:
>
> 1. Estimated Time line/Range to get this type of agenda item in front of
> the planning commission. I am also confused on your statement " staff may
> not recommend approval" ? After all the applicant has been through for the
> last 3 months and with 100% support on daylight plane from Lot 1 owner (Me)
> how can you even make this statement? Let me remind you that HCD received a
> complaint to investigate city of MP SB9 practices and delays under HAU2596
> .
>
> 2. Please also confirm that the owners of Lot 1 do not need any support
> letter (for daylight plane) from Claire Ct property owner or any other
> neighbours to build in Lot 1 and if any daylight plane "variance" is
> necessary in Lot 1 it will have to follow the same process outlined below.
>
> Thanks
> Mircea
>
> On Wed, Nov 12, 2025 at 8:29 AM Matthew A. Pruter
> wrote:
>
>> Good morning Mircea,
>>
>> As an update, we completed additional review and discussion regarding
>> your proposal, and we have determined that we see a pathway in which a use
>> permit could be valid for the daylight plane modification. Please note that
>> this is not a waiver. However, the SB 9 Ordinance allows for a modification
>> to a development standard like the daylight plane requirement.
>>
>> However, if a use permit request is desired, there are a few key items to
>> note:
>>
>>
>> - The use permit review is a discretionary process, and staff time
>> would be billed.
>> - Through this discretionary process, staff would make a
>> recommendation to the Planning Commission for the request, and ultimately
>> the Planning Commission would vote on the request. Staff may not
>> necessarily recommend approval.
>> - The use permit process is required before any building permit
>> action could occur.
>> - The plan set and application materials package are both generally
>> more comprehensive in nature than the building permit application, in terms
>> of architectural plan sheets and supporting documents.
>>
>>
>> If you are interested in pursuing the use permit for your project, please
>> let me know and I can follow up with a more detailed email outlining next
>> steps and the required documentation.
>>
>> Please let me know if you have any questions. Thank you very much.
>>
>> Best,
>> Matt
>>
>>
>>
>>
>> * Matthew A. Pruter **(he/him)*
>> Associate Planner
>> City Hall - 1st Floor
>> 701 Laurel St.
>> tel 650-330-6703
>> menlopark.gov
>> See www.pronouns.org to learn more about why I share my pronouns.
>>
>>
>> ------------------------------
>> *From:* Mircea
>> *Sent:* Tuesday, November 11, 2025 4:47 PM
>> *To:* Matthew A. Pruter ; Tom A. Smith <
>> tasmith@menlopark.gov>
>> *Cc:* Phyo Myint ; alon danino ;
>> John Paye ; Stefan Bittner
>> ; Namrata Patel ;
>> Dylan Masella ; Kyle T. Perata ;
>> Deanna M. Chow
>> *Subject:* Re: 12 Maywood Ln – SB 9 Final Parcel Map & BPA2025-02949
>> (Lot 2): Request to Resolve Daylight-Plane Interpretation and Confirm Lot
>> Dimensions
>>
>> Hi Tom and Matt, Following up on the guidance on the waiver.
>>
>> Thanks
>> Mircea
>>
>> On Fri, Nov 7, 2025 at 1:31 PM Mircea wrote:
>>
>> Tom and Matt -
>>
>> We have been waiting for guidance on the waiver. Please advise.
>>
>> Thanks
>> Mircea
>>
>> On Wed, Nov 5, 2025 at 2:21 PM Matthew A. Pruter
>> wrote:
>>
>> Hi Phyo et al,
>>
>> As an initial update concerning your pre-application work for your
>> project at 12 Maywood Lane (BPA2025-02949), I can confirm that comments
>> were provided yesterday (11/4). The application submittal was deemed
>> incomplete, and the following comments were given in our Accela system:
>>
>> *"Submittal incomplete. Missing structural calculations. Please make
>> corrections to your plan set. There are duplicate page numbers. Page A0.00
>> is a Cover sheet and A0.00 (page 1) Department Approvals page (37). Sheet
>> A0.10 Site Plan (page 5) and A0.10 Assemblies-floors ceilings (page 39).*
>>
>> *Please change all pages with purple font and drawings to black. Please
>> put the 2 tree protection pages on a plan sheet. There cannot be a mix of
>> full size plan sheets and 8 1/2"X11" pages in a plan set."*
>>
>>
>> Please let me know if you have any questions. Thank you very much.
>>
>> Best,
>> Matt
>>
>>
>>
>>
>> * Matthew A. Pruter **(he/him)*
>> Associate Planner
>> City Hall - 1st Floor
>> 701 Laurel St.
>> tel 650-330-6703
>> menlopark.gov
>>
>> See www.pronouns.org
>> to
>> learn more about why I share my pronouns.
>>
>>
>> ------------------------------
>> *From:* Matthew A. Pruter
>> *Sent:* Tuesday, November 4, 2025 1:04 PM
>> *To:* Phyo Myint ; Mircea
>> *Cc:* alon danino ; John Paye ;
>> Tom A. Smith ; Christopher R. Turner <
>> crturner@menlopark.gov>; Stefan Bittner ;
>> Namrata Patel ; Dylan Masella ;
>> Kyle T. Perata ; Deanna M. Chow <
>> dmchow@menlopark.gov>
>> *Subject:* Re: 12 Maywood Ln – SB 9 Final Parcel Map & BPA2025-02949
>> (Lot 2): Request to Resolve Daylight-Plane Interpretation and Confirm Lot
>> Dimensions
>>
>> Hi Phyo,
>>
>> Thank you for confirming; sounds great. I have accepted your invitation
>> accordingly.
>>
>> Please let me know if you have any questions. Thank you again and see you
>> online tomorrow (11/5) at 1pm.
>>
>> Best,
>> Matt
>>
>> ------------------------------
>> *From:* Phyo Myint
>> *Sent:* Tuesday, November 4, 2025 12:40 PM
>> *To:* Matthew A. Pruter ; Mircea <
>> mircea27v@gmail.com>
>> *Cc:* alon danino ; John Paye ;
>> Tom A. Smith ; Christopher R. Turner <
>> crturner@menlopark.gov>; Stefan Bittner ;
>> Namrata Patel ; Dylan Masella ;
>> Kyle T. Perata ; Deanna M. Chow <
>> dmchow@menlopark.gov>
>> *Subject:* Re: 12 Maywood Ln – SB 9 Final Parcel Map & BPA2025-02949
>> (Lot 2): Request to Resolve Daylight-Plane Interpretation and Confirm Lot
>> Dimensions
>>
>> Hello Matt
>>
>> Thank you for your email. Between 1:00 -1:30 works. Will send out the
>> invite.
>>
>> Best
>> *Phyo Myint*
>> Acquisition Analyst
>> P:(341) 231-8052|Website
>>
>>
>>
>> ------------------------------
>> *From:* Matthew A. Pruter
>> *Sent:* Tuesday, November 4, 2025 12:35 PM
>> *To:* Phyo Myint ; Mircea
>> *Cc:* alon danino ; John Paye ;
>> Tom A. Smith ; Christopher R. Turner <
>> crturner@menlopark.gov>; Stefan Bittner ;
>> Namrata Patel ; Dylan Masella ;
>> Kyle T. Perata ; Deanna M. Chow <
>> dmchow@menlopark.gov>
>> *Subject:* Re: 12 Maywood Ln – SB 9 Final Parcel Map & BPA2025-02949
>> (Lot 2): Request to Resolve Daylight-Plane Interpretation and Confirm Lot
>> Dimensions
>>
>> Good afternoon Phyo et al,
>>
>> Thank you for your reply. Would you be able to meet virtually with Tom
>> and me sometime *between 1-4pm tomorrow, November 5?*
>>
>> Please let me know if you have any questions. Thank you again and take
>> care.
>>
>> Best,
>> Matt
>>
>>
>>
>>
>> * Matthew A. Pruter **(he/him)*
>> Associate Planner
>> City Hall - 1st Floor
>> 701 Laurel St.
>> tel 650-330-6703
>> menlopark.gov
>>
>> See www.pronouns.org
>> to
>> learn more about why I share my pronouns.
>>
>>
>> ------------------------------
>> *From:* Phyo Myint
>> *Sent:* Monday, November 3, 2025 12:56 PM
>> *To:* Kyle T. Perata ; Mircea <
>> mircea27v@gmail.com>
>> *Cc:* Matthew A. Pruter ; alon danino <
>> alondn@gmail.com>; John Paye ; Tom A. Smith <
>> TASMITH@menlopark.gov>; Christopher R. Turner ;
>> Deanna M. Chow ; Stefan Bittner
>> ; Namrata Patel ;
>> Dylan Masella
>> *Subject:* Re: 12 Maywood Ln – SB 9 Final Parcel Map & BPA2025-02949
>> (Lot 2): Request to Resolve Daylight-Plane Interpretation and Confirm Lot
>> Dimensions
>>
>> Hi Kyle
>>
>> Thank you for your response. Our team proceeded with the project based on
>> the guidance previously provided by the Planning Division .However, we have
>> since encountered some challenges and differing interpretations related to
>> that guidance.
>> To ensure alignment and avoid further misunderstandings or complications,
>> we would like to schedule a meeting with your team to obtain detailed
>> clarification on the applicable zoning and design requirements. Please let
>> us know your earliest availability for a 30-minute meeting with Matt and
>> Tom.
>> Best Regards
>> *Phyo Myint*
>> Acquisition Analyst
>> P:(341) 231-8052|Website
>>
>>
>>
>> ------------------------------
>> *From:* Kyle T. Perata
>> *Sent:* Friday, October 31, 2025 2:14 PM
>> *To:* Mircea
>> *Cc:* Matthew A. Pruter ; alon danino <
>> alondn@gmail.com>; John Paye ; Tom A. Smith <
>> TASMITH@menlopark.gov>; Christopher R. Turner ;
>> Deanna M. Chow ; Phyo Myint ;
>> Stefan Bittner ; Namrata Patel
>>
>> *Subject:* Re: 12 Maywood Ln – SB 9 Final Parcel Map & BPA2025-02949
>> (Lot 2): Request to Resolve Daylight-Plane Interpretation and Confirm Lot
>> Dimensions
>>
>>
>> Hi Mircea,
>>
>> Our team provides general guidance as part of our Planning counter hours;
>> however, that guidance is informal and general in nature. Therefore, the
>> Planning Division has not conducted a comprehensive review of zoning
>> ordinance compliance for development proposals on either lot within the 12
>> Maywood Ln SB 9 lot split. The reviews are limited to answering general
>> questions on zoning ordinance requirements. While we try to be as
>> comprehensive as possible, our team cannot anticipate all potential zoning
>> ordinance requirements for a specific project.
>>
>>
>> I understand that Fahteen and Matt have both provided guidance to general
>> questions on multiple occasions. I believe my email from last Friday
>> provided clear guidance on the City’s daylight plane requirement, including
>> the interior lot line applicability. Regarding your question about
>> roof/soffit encroachments, there are some allowed encroachments into the
>> side yard setbacks, which are governed by Chapter 16.60 of the Menlo Park
>> Municipal Code. Please review Table 1 in *Section 16.60.010
>> *.
>> There are also some allowances for encroachments into the daylight plane,
>> identified in *Chapter 16.67
>> *.
>> The City’s *Residential Single Family and R2 Zoning District Guidelines
>> * contains
>> diagrams to help explain the permitted encroachments into the daylight
>> plane (see pages 12-15).
>>
>>
>> If your team has specific questions, Matt Pruter and Tom Smith are
>> available to schedule a 30-minute meeting to answer general questions. A
>> complete review of the project site and the proposed development would
>> occur after submittal of a formal building permit application.
>>
>>
>> Please let me know if you have any questions.
>>
>>
>> Thanks,
>>
>>
>> Kyle
>>
>>
>>
>> * Kyle T. Perata **(he/him)*
>> Assistant Community Development Director
>> City Hall - 1st Floor
>> 701 Laurel St.
>> tel 650-330-6721
>> menlopark.gov
>>
>> See www.pronouns.org
>> to
>> learn more about why I share my pronouns.
>>
>>
>> ------------------------------
>> *From:* Mircea
>> *Sent:* Friday, October 31, 2025 10:32 AM
>> *To:* Kyle T. Perata
>> *Cc:* Matthew A. Pruter ; alon danino <
>> alondn@gmail.com>; John Paye ; Tom A. Smith <
>> TASMITH@menlopark.gov>; Christopher R. Turner ;
>> Deanna M. Chow ; Phyo Myint ;
>> Stefan Bittner ; namrata.patel@aro.homes
>>
>> *Subject:* Re: 12 Maywood Ln – SB 9 Final Parcel Map & BPA2025-02949
>> (Lot 2): Request to Resolve Daylight-Plane Interpretation and Confirm Lot
>> Dimensions
>>
>> Kyle, we are awaiting to have this call at the request of the property
>> owner/12 Maywood LLC and ARO Homes. Please advise.
>>
>> Thanks
>> Mircea
>> 650-996-1114
>>
>> On Tue, Oct 28, 2025 at 1:54 PM Mircea wrote:
>>
>> Kyle, I just CCed ARO team, they (Phyo) spoke with Fahteen K in July in
>> person at the city and they were told precisely that was no daylight plane
>> on the interior lot line. Namrata is ARO Homes architect and Stefan is the
>> development manager. We all need to get on a call ASAP.
>>
>> Thanks
>> Mircea
>>
>>
>> On Tue, Oct 28, 2025 at 12:17 PM Kyle T. Perata
>> wrote:
>>
>> Hi Mircea,
>>
>> We are unable to meet today. We will follow up accordingly soon.
>>
>> Thanks,
>> Kyle
>>
>>
>>
>> * Kyle T. Perata **(he/him)*
>> Assistant Community Development Director
>> City Hall - 1st Floor
>> 701 Laurel St.
>> tel 650-330-6721
>> menlopark.gov
>>
>> See www.pronouns.org
>> to
>> learn more about why I share my pronouns.
>>
>>
>> ------------------------------
>> *From:* Mircea
>> *Sent:* Friday, October 24, 2025 4:37 PM
>> *To:* Kyle T. Perata
>> *Cc:* Matthew A. Pruter ; alon danino <
>> alondn@gmail.com>; John Paye ; Tom A. Smith <
>> TASMITH@menlopark.gov>; Christopher R. Turner ;
>> Deanna M. Chow
>> *Subject:* Re: 12 Maywood Ln – SB 9 Final Parcel Map & BPA2025-02949
>> (Lot 2): Request to Resolve Daylight-Plane Interpretation and Confirm Lot
>> Dimensions
>>
>>
>> Kyle,
>>
>> Following our July meeting at the City with Fahteen and ARO Homes’
>> architect, Planning confirmed that the ARO Homes two-car configuration fits
>> on Lot 2. At no point was the interior lot line raised as an issue. Over
>> the last three months, all ARO Homes diagrams for Lot 1/Lot 2 (with both
>> one- and two-car garage options) were submitted without daylight-plane
>> lines along the interior lot line and we never were told that it was an
>> issue.
>>
>> We now need to resolve inconsistent guidance so ARO Homes can finalize
>> the building-permit set for Lot 2:
>>
>> -
>>
>> *Interior lot line / daylight plane:* Prior submittals did not depict
>> a daylight plane at the interior lot line and this was not flagged during
>> July or subsequent reviews.
>> -
>>
>> *Right-side gable on Lot 2:* Matt P indicated the “gable
>> encroachment” is not permitted. Fahteen previously confirmed it is not an
>> issue because the daylight plane does not cut through the vertical wall.
>> Might not be a problem at 19.6 now will see.
>> -
>>
>> *Allowed roof-line encroachments into 4 side setbacks:* Fahteen also
>> confirmed we may encroach *18 inches* into the 4-foot side setback
>> for the roof/soffit—this would apply to Lot 1 (left setback) and Lot 2
>> (left setback) as shown on the diagrams provided to Matt P. We have not
>> received a definitive City response on this point. *Pls confirm this.*
>>
>> *Request:* Please schedule a coordination meeting (Zoom preferred) with
>> ARO Homes’ architect, me, and the appropriate Planning reviewer so the
>> architect can confirm July counter guidance and ask any follow-ups. We’re
>> requesting *Tuesday, 10/28*, and can do either of the following within
>> the 9:30 AM–4:00 PM window
>>
>> - This has stretched to three months of piecemeal feedback; we’d like
>> to close the loop so ARO Homes can proceed confidently on BP BPA2025-02949
>> for Lot 2.
>>
>> Thank you,
>> Mircea
>>
>>
>>
>>
>>