| Time | Speaker | Text |
|---|---|---|
| 00:00:23.07 | Jeffery Luxenberg | I've got 6.30 Pacific time to reset. |
| 00:00:32.99 | Director Phipps | Yes, Chair, we're set. |
| 00:00:34.57 | Jeffery Luxenberg | Okay, this is the November 15, 2023 Planning Commission regular meeting. Pursuant to Government Code 54953, subsection F2A1, I hereby notify the Planning Commission that I'll be chairing this meeting remotely through Zoom using both audio and video. I am participating remotely for Just Cause to provide child care for my two grandchildren in Virginia. There is no one over 18 years old in the room with me. With that, I'd like to call the meeting to order. Director Phipps. |
| 00:01:10.30 | Director Phipps | Thank you, Chair, and appreciate the disclosure. And good evening to commissioners, staff, members of the public. This evening's meeting is being held at City of Sausalito Council Chambers at 420 Litho Street and is open to members of the public. Members of the public may also access this meeting and provide public comment through Zoom. And with that, I will move to call roll. Commissioner Saad. Here. Commissioner Graff. Here. Commissioner Feller. Here. Vice Chair Junius. Present. Chair Luxembourg. Here. |
| 00:01:30.52 | Nora Fry | here. Yeah. Here. |
| 00:01:37.18 | Jeffery Luxenberg | I'm sure. |
| 00:01:37.21 | Director Phipps | All right. All are present. Back to you, Chair. |
| 00:01:41.08 | Jeffery Luxenberg | Next item on the agenda is approval of the agenda. I'll look for a motion to approve the agenda. |
| 00:01:46.98 | Kristina Feller | So moved. Second. |
| 00:01:50.41 | Director Phipps | Commissioner Saad. Yes. Commissioner Graff. Yes. Commissioner Feller. Yes. Vice Chair Junius. Yes. Chair Luxenberg. |
| 00:01:51.17 | Kristina Feller | Yes. |
| 00:01:53.06 | Unknown | Thank you. |
| 00:01:53.08 | Kristina Feller | Yes. |
| 00:01:53.33 | Unknown | Thank you. |
| 00:01:54.65 | Kristina Feller | Yes. |
| 00:01:54.97 | Unknown | Thanks. |
| 00:01:55.03 | Kristina Feller | Thank you. |
| 00:01:57.92 | Director Phipps | Thank you. |
| 00:01:57.97 | Jeffery Luxenberg | Yes. |
| 00:01:58.38 | Director Phipps | Thank you. Motion passes. |
| 00:01:59.84 | Jeffery Luxenberg | Third item on the agenda is public comments for items not on the agenda director fix |
| 00:02:05.83 | Director Phipps | Thank you, Chair. This is the time for the Commission to hear from citizens regarding matters that are not on the agenda, except in very limited situations. State law precludes the Commission from taking action on or engaging in discussions concerning items of business that are not on the agenda. However, the Commission may refer matters not on the agenda to staff or direct the subject to be agendized at a future meeting. Video or audio public comment participation is limited to three minutes per speaker. If you'd like to make a comment, please submit a speaker card to me and or my colleagues to my right, Maria Hernandez and Matthew Mandich. If you would like to make a comment in the Zoom application, please raise your hand and you will be called upon when it is your time to speak. To raise your hand from a phone, press star nine. Each speaker will be notified when their time has elapsed. |
| 00:02:55.92 | Director Phipps | Sure, looking to the audience, looking to speaker cards. I believe the speaker cards I received are in connection with specific items. So not applicable to this section. Looking to the Zoom application, and I am not seeing any hands raised. Back to you. |
| 00:03:11.76 | Jeffery Luxenberg | Thank you very much. Next item on the agenda is the Planning Commission minutes for October 25th. I'll be first looking for a motion to approve and then discussion. Is there a motion to approve? |
| 00:03:24.13 | Richard Graef | Move to approve. |
| 00:03:26.82 | Jeffery Luxenberg | Is there a second? |
| 00:03:28.96 | Andrew Junius | Thank you. |
| 00:03:28.98 | Jeffery Luxenberg | second. With that, any questions or comments from any of the commissioners? |
| 00:03:35.54 | Kristina Feller | I have just one comment, share. on page four of seven line 44 the first bullet point I would just like to ask that that be amended to be specific to the rear decks as opposed to the other decks or front decks if we could include the word rear when we refer to the decks |
| 00:03:59.22 | Jeffery Luxenberg | Okay, thank you. And I have one other change in that same line on page four of line seven. The word plane should be P-L-A-N-E, not P-L-A-I-N. If we can make that change also, maker of the motion, accept those amendments. |
| 00:04:18.66 | Richard Graef | Thank you. |
| 00:04:18.67 | Andrew Junius | Yeah. |
| 00:04:18.73 | Richard Graef | . |
| 00:04:18.86 | Andrew Junius | Thanks. Yes. |
| 00:04:20.67 | Jeffery Luxenberg | Okay, with that, are there any other comments on the minutes? Director Phipps, if you could call roll, please. |
| 00:04:28.95 | Director Phipps | Commissioner Saad. Yes. Commissioner Graff. Yes. Commissioner Feller. Yes. Vice Chair Junius. Yes. Chair Luxembourg. |
| 00:04:31.23 | Jeffery Luxenberg | Jeff. Yes. |
| 00:04:36.39 | Jeffery Luxenberg | Yes. |
| 00:04:36.80 | Director Phipps | Thank you. Motion passes. |
| 00:04:38.49 | Jeffery Luxenberg | Item five, communications. Director Phipps, do you have any updates this evening? |
| 00:04:44.83 | Director Phipps | Thank you for asking, Chair. No communication items this evening. |
| 00:04:48.19 | Jeffery Luxenberg | Okay, thank you. Do any commissioners have any items to report out on? |
| 00:04:53.71 | Kristina Feller | None. |
| 00:04:54.04 | Jeffery Luxenberg | All right. none okay thank you we'll move on to old business uh 6a 5 426 pine street uh is a design review with heightened review uh this project was approved at our meeting on october 25th 2023 tonight we have a proposed resolution for approval that includes the additional specific conditions we added at the meeting uh director phipps is kr Kristen going to do a presentation on that, or we're just going to accept the resolution as it was? |
| 00:05:25.84 | Director Phipps | Kristen is present in the chamber and Kristen will be making a short presentation to the commission. |
| 00:05:30.55 | Nastassya Saad | Very good, I promise. I just want to acknowledge, first and foremost, the emails that we received after the staff report went out. |
| 00:05:30.68 | Jeffery Luxenberg | very cute. |
| 00:05:38.34 | Nastassya Saad | One from Conrad Gann of 2428 Pine and 104 Bonita, who also attached the staff report from October 25th and the resolution that you have before you tonight. and had some comments on there. An email from Sam Chase from 19 Bonita, who objected to the commission's decision. A letter from the property owner, Jake Byer, of 426 Pine Street, responding to the neighbor comments. In a letter from Breckes Law Partners on behalf of Conrad Gann. providing an interpretation of the side yard setback requirements. With regard to Mr. Ghan's handwritten comments on the resolution, I do agree I made one small typo, an error, and it was under on page five addressing finding seven. I was discussing the setback and it says the southerly property line, but it meant the northerly property line. So I will make that correction if the Commission okays that. With regard to background, as Chair Luxembourg said, you have moved to approve this project on October 25th and directed us to prepare a resolution of approval. We recommend you adopt the resolution with this minor amendment I already addressed and any other amendments if you see fit that are needed to the language of those findings. That's it. |
| 00:06:55.27 | Jeffery Luxenberg | Thank you very much, Kristen. The I also note that those items that were not only provided to staff, they were provided to the commissioners and they were posted on the agenda. So we have all those communications with that. Do the commissioners have any additional questions of staff before I open it up for public comment. |
| 00:07:16.42 | Kristina Feller | I do, Chair. I also want to note that we received late mail from Breckis Law Partners about regarding this project specific to Section 10.40.070.D. And I just wanted to get a clarification from our city attorney about the interpretation to see if we need to make any other amendments based on our code. |
| 00:07:45.46 | Jeffery Luxenberg | Attorney Rudin, if you could come on board. Thank you. |
| 00:07:50.57 | Attorney Rudin | Yeah, so I mean, we did receive that letter with that particular interpretation of the city code. I would note that staff has disagreed with that interpretation. Obviously, if there are provisions of the city code, they're susceptible to multiple interpretations. It's generally good for the Community Development Director to issue a record of interpretation, which he is authorized to do under the city code and for the city to expeditiously change its code to reflect the record of interpretation. So that's all I'll say on that subject. |
| 00:08:31.88 | Kristina Feller | more dependent. Thank you. |
| 00:08:34.58 | Jeffery Luxenberg | Thank you. |
| 00:08:34.79 | Kristina Feller | you |
| 00:08:34.84 | Jeffery Luxenberg | Thank you. |
| 00:08:34.85 | Kristina Feller | Thank you very much, Sergio. |
| 00:08:34.87 | Jeffery Luxenberg | Thank you very much. |
| 00:08:37.08 | Kristina Feller | Thank you, Kristen. |
| 00:08:38.80 | Jeffery Luxenberg | Other comments, Commissioner Feller? Other questions, Commissioner Feller? |
| 00:08:42.25 | Kristina Feller | None from me, no. |
| 00:08:43.58 | Jeffery Luxenberg | I think any other commissioners, any questions of staff? Okay, at this time we are going to provide public comment. Please note that the public hearing for this project was closed, but we do allow public comment for any item on the agenda, so we will do that. We will allow our normal three minute allowance for any public comment. Director Phipps, if you could call for the public comment based on the cards you've received and any hands raised in the Zoom application. |
| 00:09:14.34 | Director Phipps | Certainly. Thank you, Chair. First speaker is Conrad Gann. Come on down, Mr. Gann. You will have three minutes to speak. |
| 00:09:21.51 | Conrad Gann | Thank you, Conrad. Again, I live in 26 Cedar Avenue in Larkspur. I think I just did not hear your own attorney defend the position that a 47 foot house with the meets the 40 foot setback requirement. I found that really interesting. Your own attorney didn't do it. So this is going to go to appeal if you approve this and... The narrative for the city council is a failure of due process. The structure has decks, decks require building permits, the language between a building and structure and structures defined in the code. structure is something that needs a building permit. There's just no question about it. If these decks weren't part of the building permit, then maybe you could build them all the way to the property line. I've carefully reviewed this with my architect and an attorney, and it's not ambiguous. It's a mistake by the planning department to not include the decks in the setback requirement. |
| 00:10:05.69 | David Grab | Thank you. |
| 00:10:21.84 | Conrad Gann | Third point is just overall, there was lack of heightened review, highly dependent upon the applicant saying that they arranged things so that there would be privacy between the windows. But there really wasn't independent verification of the data. And I've been requesting independent sense studies all along to no avail. And not to mention the fact that none of you came to actually visit the inside of the properties that would be affected. You guys have the power. to resolve the uncertainty, the fear I have of a giant living room window, 10 foot from my master bedroom window. the power to require the applicant to share the CAD files so that I, at my own expense, could load it in the Rivet software. and assess the wind and you could assess the views from these new windows into, into my bedrooms. Um, I don't have that power. You have the power and, um, It's a pretty simple thing to do. The applicant has the knowledge, but the applicant is not sharing it. I have requested from the applicant numerous times this information, he won't provide it. As such, it's my recommendation that you vote to continue this project. You take time to resolve the legal questions, perhaps ask your own attorney why he wouldn't defend the staff position. And you actually come and visit the inside of these properties as Kristen did. Kristen came to the houses, she came inside, and she concluded that they did not meet, that this plan did not meet the findings. So if you want to overrule her, you have every right to do that. But what I'm saying is come visit, do the homework, because I have to live with this forever if this house gets approved. And I'll finally note, this is a 240% increase in mass. If you take the square footage of the middle level and you triple it, which is effectively what's happening with these covered decks on each side, it's a huge increase in mass. And so that's that's what we're going to be taking to the city council if you drive this through tonight. |
| 00:12:23.38 | Jeffery Luxenberg | Thank you for your comments, Director Phipps. Next public comment. |
| 00:12:27.76 | Director Phipps | Next speaker is Kevin Gamm. |
| 00:12:33.33 | Kevin Gamm | Thank you for your time. So I lived in Sausalito for nine years and now that I no longer am in college and I've moved back to Marin County to work in the construction industry, I may live at 104 Bonita. I think it's really important for any construction project, especially a residential one, With heightened review. that you take into consideration. the neighbors concerns and the community's concerns. I have seen what happens when a construction project ignores the concerns of their local community. And it's not pretty. I've worked on Corte Madeira Town Hall, And I'm currently working on a middle school in Berkeley. Both of those projects have had pretty serious problems with the community, and we're already looking at massive cost overruns for both of them. If we resolve these issues now, before we demo the existing house, We can avoid a lot of problems. We're not saying that we don't want this thing to be built at all. We're not saying that no one has the right to build new homes that are much bigger in Sausalito. As someone who might, I'm going to be a general contractor. I'll get my license within a year or so. I wanna build stuff. I wanna build houses, but I wanna do it ethically. And I want to do it with respect to the communities in which I build. I believe it's important that this planning commission really consider that. as you guys look to the future. and when you approve this today. Thank you for your time. |
| 00:13:57.55 | Jeffery Luxenberg | Thank you for your comments. Director Phipps, other public comment? |
| 00:14:02.09 | Director Phipps | I have no additional speaker cards, and I will just give folks in the Zoom application an opportunity to raise their hand if they wish to speak. I also see a raised hand in the audience. I did not receive a speaker card for that raised hand, but if you would like to approach the dais, please feel free. You'll have three minutes to speak. |
| 00:14:28.50 | David Grab | My name is David Grab. I'm the designer of 426 Pine. Um, I think what was missing from the staff report, which I can't read your minds, but I think was very apparent was. We were stuck between two neighbors and Conrad's house gets sun all day long and the neighbor on the other side, as you know, does not. And trying to create that setback. that has non-existent on that side was part of the strategy going into the project the whole time. We can't shift the project over and tighten those buildings. They're talking about conscious design and thinking about building and, um, all these other things. Going into this design, the intent, again, was to try to create standard setback that's everywhere in Sausalito except in Conrad's property where he's legal non-conforming and all his buildings really tied to the setbacks the idea behind the back decks as you guys know is to create privacy for the yard that privacy is there now because there's a illegal non-conforming addition right there that blocks his view into the yard the deck is set up so that His master bedroom window in his back unit, which is a rental unit, cannot look into the yard. That's the whole idea behind that deck extension. We agreed to move it over 18 inches. We already modeled it. It actually provides a lot of relief, but it still gives that privacy to Conrad. So I... Don't understand why he's, you know, he has his rights to say what he wants to say, but I feel like we already negotiated so much and then we went in and did more and. changed the model and we're all ready to submit. So, um, |
| 00:16:27.44 | David Grab | Yeah. |
| 00:16:38.42 | David Grab | I THINK, UM, I think I've said all I have to say and really just, poured our heart into trying to do everything we could for the neighbors. And to hear that we did in is disheartening. We proved our shadow study and shade study with literal physical photos, and then went back and added a bunch more information to prove our shade study. So when Conrad submitted a shade study, it looked like it costs $75,000. That's not the intent of the shade study. And I don't think the shading is the issue here because again, This whole entire property is in the sun. almost all day long. So except at a very early morning in one of his houses in, and that's the master bedroom window. So when I, when I think of a shade study, It's not for that intent. Thank you. |
| 00:17:31.83 | Jeffery Luxenberg | Thank you for your comments. Director Phipps, are there other public comments on this project at this time? |
| 00:17:40.00 | Director Phipps | Seeing none, Chair. Looking at the Zoom application one more time for raised hands. Sing it. |
| 00:17:45.94 | Jeffery Luxenberg | Okay, thank you very much. So at this point, we'll close public comment. We'll bring it back up to the dais, and I'll be looking for direction from the commission. |
| 00:17:57.70 | Kristina Feller | I can go ahead and start. I think I'm ready to make a motion here, but I do want to just between us set the record straight regarding staff and their recommendations of the original and their findings of the original staff report. They did not make any specific conclusions. They leave that to us to find those findings that is the role of the planning commission and not of staff we do take their recommendations and their input and their analysis very seriously and but they were very clear that they were not specifically concluding that they could not make the findings so I just I think between us want to make sure that our record here at the planning commission is clear on that because that did come up in the hearing um originally um i do uh director phipps and uh city attorney rudin just want to get clear this question about municipal code section 10.40.070.d to ensure that what we were approving does meet our municipal code and if you could just confirm that to me I would be comfortable with that. |
| 00:19:20.37 | Director Phipps | Our interpretation is that it does. |
| 00:19:22.90 | Kristina Feller | Thank you very much. I'm ready to move forward with this. |
| 00:19:26.14 | Jeffery Luxenberg | Okay, that's a motion to approve. I'm looking for a second. |
| 00:19:29.60 | Director Phipps | Thank you. |
| 00:19:29.64 | Andrew Junius | Second. |
| 00:19:29.96 | Director Phipps | Thank you. |
| 00:19:30.94 | Jeffery Luxenberg | Any further discussion? you Director Phipps, can you take a roll, please? |
| 00:19:36.22 | Director Phipps | Commissioner Saad. Thank you. Commissioner Graff. |
| 00:19:39.12 | Jeffery Luxenberg | Yeah. |
| 00:19:40.34 | Director Phipps | Commissioner Feller. Yes. Vice Chair Jernius. Yes. Chair Luxenberg. |
| 00:19:41.10 | Jeffery Luxenberg | Yes. Yes. |
| 00:19:45.33 | Director Phipps | Motion passes unanimously. |
| 00:19:48.01 | Jeffery Luxenberg | Thank you. We'll move on to items 7A, which is before we get to the, which is part of the public hearing portion of our meeting tonight. If we have any ex parte communications, I'll go to Commissioner Graff, any ex parte communication on any of the public hearing items. |
| 00:20:11.91 | Richard Graef | none for the glare. |
| 00:20:13.53 | Jeffery Luxenberg | Thank you, Commissioner Feller. |
| 00:20:15.82 | Kristina Feller | None to declare. |
| 00:20:17.29 | Jeffery Luxenberg | Commissioner Saad. |
| 00:20:19.87 | Kristina Feller | Nothing to declare. |
| 00:20:21.21 | Jeffery Luxenberg | Vice Chair Junius. |
| 00:20:22.61 | Andrew Junius | Nothing for me. |
| 00:20:23.97 | Jeffery Luxenberg | and nothing for me as well. So with that, we'll move on to 7A, which is 230 Santa Rosa Avenue. This is an administrative citation for an unauthorized tree alteration, and my understanding is we're going to continue this to a date certain of December 13, 2023. Director Phipps, can you confirm that, please? |
| 00:20:47.11 | Director Phipps | That is correct, Chair. |
| 00:20:48.66 | Jeffery Luxenberg | Okay, any questions from the commissioners? With that, I'll look for a motion, please. |
| 00:20:58.77 | Director Phipps | If we could open up the item to public comment. |
| 00:21:01.39 | Jeffery Luxenberg | Yes, I was just going to get a motion on the floor before I got public comment. |
| 00:21:09.34 | Director Phipps | again. |
| 00:21:10.06 | Kristina Feller | I'll make a motion to continue item 7A to a date certain of December 13th, 2023. Second. |
| 00:21:19.97 | Jeffery Luxenberg | Okay, with that, we'll open it up for public comment. Are there any in the audience? And I don't see any on Zoom. |
| 00:21:29.30 | Director Phipps | I have a speaker card for Rebecca Singer. |
| 00:21:32.20 | Jeffery Luxenberg | Okay. |
| 00:21:33.03 | Director Phipps | Come on down, Rebecca. You will have three minutes to speak. |
| 00:21:37.73 | Rebecca Singer | Hi there. I, oh, I wasn't actually aware that this was happening. We didn't say anything to the city, but I am the person that lives downwind of this tree trimming situation that has happened. And I am genuinely concerned, even waiting until December, that a landslide is imminent. Um, they've decimated those trees and there's just, there's soil coming down every day. All of the greenery that's on that hill has already slid down the hill and is gone. It's totally brown now. And directly across the street is my house. And there's a curb that I've been working with the city for almost three years now to get replaced because it's not so far. It's also in danger of a landslide. at winter. I'm going to, my entire house is going to be destroyed. My entire side yard. It's going to come down to 30 Santa Rosa across Glenn drive. and paved my entire yard in. So I'm really concerned if we push this to December, Now we're going to say, oh, it's the holidays and let's wait until the first of the year. And then it's going to be into the rainy season and we can't build a retaining wall during the rainy season. And. I'm genuinely concerned about the state of my home. So I really would urge the committee to take that. seriously and do whatever you can to try to preserve my house. Thanks. |
| 00:23:09.18 | Jeffery Luxenberg | Um, Thank you for your comments. We also have an Alexander Wall on Zoom. |
| 00:23:19.04 | Director Phipps | Alexander, please unmute yourself and you will have three minutes to speak. |
| 00:23:22.98 | Alexander Wall | Awesome. Thanks. Um, Mm. |
| 00:23:26.29 | Director Phipps | starting maybe. |
| 00:23:26.97 | Alexander Wall | Yeah. |
| 00:23:27.31 | Director Phipps | Thank you. |
| 00:23:28.10 | Alexander Wall | Yeah, I'm Becky's neighbor. I think we've, share her concerns and just have watched, um, sort of the, the change in the hillside, uh, with similar, just sort of concern, um, and not really knowing what's going on, but, um, yeah, I think just similarly, um. Andrew Tuft, Sure of what the sort of long term plan is and how that hillside is supposed to be stabilized it does appear to be. Andrew Tuft, At risk, but you know i'm not an expert on on soil or or whatever the hillside needs to remain stable, but the sort of removal of vegetation is a little concerning again given just sort of where we are with. the hillside, the slope gravity, um, anything else want to add, honey? Okay. Thank you. |
| 00:24:13.98 | Jeffery Luxenberg | That's it. |
| 00:24:14.23 | Alexander Wall | Yeah. |
| 00:24:14.37 | Jeffery Luxenberg | Thank you. Thank you for your comment. Director Phipps, are there other comments from anybody in the chamber? |
| 00:24:22.94 | Director Phipps | No additional speaker cards, but I will allow attendees to raise their hand if they like. Thank you. Sing none. But I am saying additional raised hands. Oh, there's an additional one on... Just a second ago. |
| 00:24:32.07 | Jeffery Luxenberg | But I am saying additional raised hands. Oh, there's an additional one on... |
| 00:24:35.43 | David Grab | a second ago. |
| 00:24:36.26 | Director Phipps | Carolyn Christman, if you could unmute yourself, you will have three minutes to speak. |
| 00:24:44.85 | Carolyn Christman | Okay. Sorry, am I unmuted? |
| 00:24:50.14 | Unknown | Huh? Yes, yes. Are we talking about the issue? |
| 00:24:51.82 | Carolyn Christman | Okay. I'm talking Yeah, I'm the neighbor on the, sorry about that. I'm the neighbor on the other side of Becky. I have similar concerns. Also, I actually do work in the vegetation management and erosion control field. So, seeing that slope. have all the vegetation removed with the rainy season coming up. having seen a little erosion on that hillside previously and now Now having all that vegetation removed, I'm similarly very concerned There is already material. Um, moving down into the. drainage channel there. And I think It would be really nice to be able to just ask the neighbor to install appropriate erosion control on the soil before the rainy season begins, if possible. And there are lots of examples at other homes in Sausalito that have erosion control in areas where vegetation has been removed. So I think that seems like a very reasonable request. Thank you. And that's all I have to say. Thank you. |
| 00:25:59.20 | Jeffery Luxenberg | Thank you for your comment. Are there any other comments, Director Phipps? |
| 00:26:06.37 | Director Phipps | One last chance, folks. Sing then. |
| 00:26:10.47 | Jeffery Luxenberg | Okay, we'll close public comment part of, it's not really a hearing. We're going to continue the hearing if this motion passes. I would like to ask City Attorney Rudin if you could come on for a second. We have not yet received the information on this project because it's getting continued and they're still working it on. But to these concerns are there i'm not sure how much of this is uh in the purview of the planning commission and how much might be in other city departments that could help the concerns that are being raised could you enlighten what is before us as opposed to what uh other agencies the city, public works or others can chime in and also code enforcement on this. I'm unclear about our role exactly versus others is what I'm asking. |
| 00:27:05.87 | Attorney Rudin | Yeah, so with respect to this administrative citation, this is unique in the city code in that this is one of the To my knowledge, one of the few, if not the only kind of administrative citation that comes to the Planning Commission for Enforcement. City Code section 112.050 provides that the Planning Commission is required to have a public hearing, at which time the enforcement officer, an arborist or other persons with knowledge will basically present information with respect to the code enforcement case. um, as part of this, um, You know, the planning commission has authority to impose an administrative fine for violations and amount not to exceed $1,000 per each illegal removal or alteration. Additionally, the Planning Commission does have authority under the city code to require the violator to perform appropriate remedial work. to include potential replacement plantings or other work to prevent environmental degradation. So basically your role will be to issue a, decision, and their powers also include the power to issue a remedial order in this case. It's Yeah. |
| 00:28:24.61 | Jeffery Luxenberg | All right, so we could issue something to minimize the damage that's been done, but minimize further damage, so to speak. |
| 00:28:32.78 | Kristina Feller | Chair, may I weigh in here if I could? As a member of the landslide task force, I'd like to see if we could ask the city to instruct Miller Pacific to do a visual survey to see if there are any immediate dangers that they see prior to this December 13th hearing, if there's anything alarming to possibly work with DPW and CDD. Otherwise, we will hear this at our next hearing, so it'll be properly noticed with the proper information on December 13th. |
| 00:28:33.05 | Jeffery Luxenberg | Yeah. |
| 00:28:36.57 | Jeffery Luxenberg | Sure. |
| 00:29:12.52 | Kristina Feller | Would that be amenable? |
| 00:29:14.27 | Attorney Rudin | No. |
| 00:29:15.49 | Kristina Feller | Okay. I tried. |
| 00:29:17.12 | Attorney Rudin | And that is just simply because the planning commission does not have the authority to direct the city to enter into contracts and Miller Pacific is an outside consultant. So that is the reason why. |
| 00:29:27.20 | Kristina Feller | They are an outside consultant, but they do have a contract currently for the entire city. for the landslide work. And so that's why I'm offering them, because they're already on our books, so to speak. |
| 00:29:43.57 | Attorney Rudin | Yeah, we would need to verify that that sort of work is within their scope of work. But in general, you folks are going to be sitting as a decision maker as part of a enforcement proceeding, and so you're going to be required to proceed in a manner that complies with due process. You know, your role is going to be to consider the information that is presented to you and act in a unbiased and impartial manner as decision makers. You know, typically with respect to the case that's going to be presented to you by staff and the code enforcement officer, you're going to be. limited to acting on the information that is going to be provided to you at the hearing, so I would recommend that you limit yourselves to that. And you're gonna be tasked with considering the evidence that is provided to you. You know, this is one of those scenarios where I would encourage you folks to you know, you're allowed to go and view the property. You're allowed to consider the testimony of experts, but I would encourage you not to direct staff in terms of how you would prefer a code enforcement proceeding case be presented to you. |
| 00:30:58.36 | Kristina Feller | Thank you. |
| 00:30:59.66 | Jeffery Luxenberg | Thank you. I was sort of getting a similar thing. Can we encourage staff separate from anything they present to us to go make sure that there is not a problem occurring in the city that they would like to address separately from whatever decision we make on the administrative side. I'm just, if there's an immediate danger, I just want to make sure that somebody is looking to make sure there's not an immediate danger that needs to be rectified is what I'm suggesting. And, we can just raise that and then the city agencies can do what they'll do. Is that okay? We're going to be right back. |
| 00:31:40.81 | Attorney Rudin | Yeah. Yeah. No, I think that's fine. And I'm sure that, that typically public works and code enforcement would be responsible for undertaking abatement of any immediately dangerous conditions and that that is not the sort of that would require or necessarily be relevant to this particular enforcement proceeding. You know, the city has summary abatement powers when it, that it can rely on for abatement of immediately dangerous hazards. |
| 00:32:08.39 | Jeffery Luxenberg | Okay, good. So we're just making it, we'll make it known to the different departments that there's a potential there. Could they go check it out? And meanwhile, we'll keep that separate from the administrative part of what we have to review on December 13. With that, are there other questions of commissioners on this matter? |
| 00:32:26.41 | Andrew Junius | Yeah. Yeah, I do have a question. Thank you, Chair. So is it clear that the owner of 230 Santa Rosa has been cited for this activity? Yes? |
| 00:32:38.14 | Director Phipps | Yes. |
| 00:32:38.38 | Andrew Junius | Thank you. And I assume that the owner of 230 San Rosa is not present tonight. Nobody's on the phone. |
| 00:32:44.21 | Attorney Rudin | Yes, which is another reason why we should not address the merits of this particular proceeding. |
| 00:32:49.26 | Andrew Junius | Thank you, city attorney. I totally agree with that. I'm trying to just procedurally understand where we sit here. So, I mean, honestly, I... to share some concern here about the immediate. But again, we're the Planning Commission. There's a process. I agree with Commissioner Feller. We're going to do everything we can to get this resolved on the 13th. We don't want it to go farther than that as well. But in the meantime, I mean, my goodness, I hope the owner of 230 Santa Rosa |
| 00:33:10.62 | David Grab | We understand. |
| 00:33:17.26 | Andrew Junius | It has been notified. I hope they're, you know, this is far beyond what the planning commission can deal with with respect to a illegal removal of vegetation. There's other property rights that have nothing to do with the planning commission. I certainly hope there'll be some conversation, you know, again, just my own observation. you know, that owner really needs to get their act together. So I guess. That's all I have to say. |
| 00:33:41.79 | Jeffery Luxenberg | Thank you, Vice Chair Junius. Any other questions from other commissioners? With that, Director Phipps, can you call the roll? |
| 00:33:52.49 | Director Phipps | Yes, and I'd just like to reiterate two concerned members of the public. Based on some of the city attorney's comments, it is the Department of Public Works and code enforcement that generally will surmise whether or not conditions at this site represent an emergency circumstance. I invite any concerned members of the public to submit a comment via email to our Director of Public Works, Kevin McGowan, and I will also speak with our director regarding this issue. and we will be checking into it. |
| 00:34:26.64 | Jeffery Luxenberg | And with that, I will make it. |
| 00:34:27.03 | Director Phipps | And with that, I will move to call roll. Commissioner Saad. Yes. Commissioner Graff. Yes. Commissioner Feller. Yes. Vice Chair Junius. Yes. Chair Luxembourg. |
| 00:34:28.55 | Jeffery Luxenberg | Thank you. Right. Yes. Yeah. Yes. |
| 00:34:36.72 | Jeffery Luxenberg | Yes. |
| 00:34:37.07 | Director Phipps | Thank you. Motion passes. |
| 00:34:39.96 | Jeffery Luxenberg | Okay, we're going to move on to item 7B, 99 Cloudview Road. This is modifications to a design review permit. Mr. Mandich, the assistant planner, will be providing a presentation. This is a project that this commission approved... Thank you. uh has already approved but it's a change in designs and that requires it to come back to the commission so with that matthew if you could do your presentation |
| 00:35:18.76 | Matthew Mandich | Good evening, Commissioners. So as Chair Luxembourg has already stated, the project before you today is a modification to a previously approved design review permit that was approved this year in March for 99 Cloudview Road. Next slide, please. Just to remind the commissioners of the location of this project on Cloudview 99, you can see it there in both those images, the small driveway to the east of the project site and the Marin Municipal Water District site below at the water tower there. So just to kind of orient you where you are on the hillside there. Next slide, please. So the request is a modification to DR permit that was approved March 15, 2023. This is required due to the conditions of approval that were attached to this project at the time. It requested or required that all design changes do return to the Planning Commission for approval. So that's why we're here today. The changes requested were outlined in the staff report, but I'll go over some of the major ones here. And again, most of these are very minor changes. The main change being a change of interior layout, primarily on the upper floor, which requires the primary bedroom and bathroom to flip from east to west and the kitchen to go from west to east. This will, of course, require the revision of the window schedule due to these changes. There will also be an elimination of a raised metal roof to the rear of the south elevation of the project, which is the back of the house, as well as some minor alterations to the materials and colors previously approved. Just want to note that there are no changes to the envelope of the home. No square footage is being added. These are all minor changes due to the reconfiguration of the interior layout. Next slide please. Just a little bit of an image there describing what I talked about on the left hand side, you can see the approved plan and on the right hand side, the proposed plan there. And this is for that upper floor and just in the red box, that is the primary bedroom and bathroom. You can see them on the east side in the photo to the left or the plan set to the left and then On the right, they are moved to the west side and the kitchen again doing the same going from west to east. So that is the primary change occurring and which is again, causing the window schedule to change. Next slide please. Just have a look at some of the elevations here to point out the changes that we're looking at. On top, you can see the approved elevation. And on the bottom, I've highlighted some of the changes that we're seeing. This is the west elevation here. And as you can see, the big change is that addition of windows. Those are for the primary bath. Those are all sandblasted windows for privacy, both for the neighbor and the owners. Moving down the side of the house there, you can see the metal roof bump out, which is on the top there on the approved plan, is being removed. And then on the lower floor, there is a transom window that is being replaced by two casement windows. I have also that little red arrow there is indicating The metal seam work on the roofing was previously approved as gunmetal gray, and that's going to now a bronze patina. Next slide, please. Again, we have the east elevation up here on the top. That's the previously approved plan there. And the changes here, all the windows on this upper floor will be dropping about six inches because the floor will be moving down a little bit as well by six inches. So you can kind of see that reflected in the dash lines. I know it's not very clear from that image, but it's a slight move down. The main changes, again, on this side of the home will be the transom window being replaced by two casement windows, the circular window and those two small windows being replaced by a double casement window, and at the bottom the transom window on the lower floor being replaced by two casement windows of smaller size. Again, the metal roof bump out on the rear elevation will be removed. Next slide please. Here are the two north and south elevations, the front and the back of the home. On the left side, we have the front. You can see changes there, again, highlighted in that lower elevation. Instead of there being one window to the west of the front door, there are now two narrow windows on each side of the front door. And further down to the east, there is a larger casement window that will be replacing the window above. In my staff report And in the finding, I said that that room was a closet. It's actually an office. So I will amend that in the resolution prior to having that sign. And then moving over to the rear elevation again, this is primarily the upper floor is being affected here as you know, the primary bedroom, master bedroom is moving. from one side to the other and the kitchen flipping as well. So you'll see that the windows that were on the East of the house are moving to the West and vice versa. As well, you'll see that the metal pop out there on top is being removed. Next slide, please. So brings us to the recommendation. Staff recommends approval of these modifications with the required conditions. Staff has determined that the proposed project meets all of the design review findings. The previously approved findings are largely still valid. I've updated them slightly for the draft resolution before you today. The main finding that has changed is finding number nine that's been modified. I highlighted that in the staff report as well. That's the one with the most significant change having to do with window and deck configuration and privacy and such. Again, the project is totally compliant with zoning, no square footage being added, the envelope isn't being changed at all. These modifications are minor and neighbor and owner privacy are being preserved. So with that, I'll conclude my presentation. Open for questions. Thank you. |
| 00:40:50.23 | Jeffery Luxenberg | Matthew, thank you very much. As always, an excellent presentation. We appreciate it. Commissioner's questions of staff. |
| 00:40:58.57 | Kristina Feller | I can start just a couple quick clarifications, if you don't mind, because in the staff report, there were some plans that did have neighbors sign off on those plans that I just want for the record you to confirm that that neighbors have been noticed and those neighbors that signed it there. all fine with these changes. |
| 00:41:19.83 | Matthew Mandich | Yes, I can confirm that we have, there was some neighbor correspondence included on the agenda and as an attachment to the staff report. We have the neighbors, especially the close neighbors, everyone's in... in agreeance and happy with the project as far as I understand. I can leave it to the applicant and the architect to add anything on that. If you'd like to ask them about it, they've had direct contact with the neighbors. I've had very little apart from some emails. So but overall, yes, it appears that everyone's on board. |
| 00:41:44.75 | Kristina Feller | Perfect. |
| 00:41:48.13 | Kristina Feller | Right. I just want to make sure that was on the record. And then on both your East, the revised East and West elevations, the changes to the windows, all the changes are frosted. glazing or just some of them. |
| 00:42:03.52 | Matthew Mandich | No, sorry. So just on that West side for the bathroom windows is frosted, the rest of the room remains. |
| 00:42:08.23 | Kristina Feller | Can you show me real quick? Just, I want to make sure. |
| 00:42:09.41 | Matthew Mandich | Yeah. If we could get to the west elevation, please, Maria. |
| 00:42:12.45 | Kristina Feller | We're clear here. |
| 00:42:13.26 | Matthew Mandich | One up. Yeah, right there. So that first box on the left there with the three windows. Just take the mouse down a little bit now, down to the bottom. |
| 00:42:22.37 | Kristina Feller | The red boxes. |
| 00:42:22.97 | Matthew Mandich | To the left, yeah. So that one, yes. Those are all- |
| 00:42:24.16 | Kristina Feller | That one. Those are all frosted. |
| 00:42:26.33 | Matthew Mandich | Those are all frosted for privacy. Yes. |
| 00:42:28.14 | Kristina Feller | Okay, and the other red box lower right are not frosted. |
| 00:42:33.61 | Matthew Mandich | No, they are not. And there's really no issue there because as you can see, even in the rendering, there's a lot of foliage and landscaping there that will remain and a lot of mature landscaping. So those really shouldn't be a privacy issue there. |
| 00:42:46.68 | Kristina Feller | want to make sure we're clear what we're approving tonight and then you said that the only change um |
| 00:42:47.66 | Matthew Mandich | Absolutely. |
| 00:42:53.43 | Kristina Feller | in your report is that the closet is really an office. Yeah, so if we can go down to the- |
| 00:42:58.55 | Matthew Mandich | Yeah, so if we can go down to the front elevation, please, Maria, just a couple of slides down. other direction. No worries. |
| 00:43:10.87 | Matthew Mandich | Yeah. So on the bottom left-hand corner there, that casement window to the left of the front door in the staff report and in the finding on the resolution, I said that that was to a closet. And in fact, it is to an office. So I will change that in the resolution. |
| 00:43:24.49 | Kristina Feller | the rest of the world. Yeah. And then the bronze patina, is that like a distressed, but is it, is it aged a little? |
| 00:43:33.51 | Matthew Mandich | I mean, it will age and turn to a greenish color over time. Perfect. Yeah. |
| 00:43:36.82 | Kristina Feller | Perfect. Thank you. Okay. |
| 00:43:37.88 | Matthew Mandich | But and it was previously proved as a gunmetal gray. |
| 00:43:40.53 | Kristina Feller | Thank you. |
| 00:43:42.73 | Jeffery Luxenberg | Thank you, Commissioner Fallow. Other questions of staff from commissioners? not seeing any. So with that, Matthew, is the applicant going to do a presentation? |
| 00:43:55.18 | Matthew Mandich | I think they'd like to just come up and say just a few words. Thank you. |
| 00:43:57.81 | Jeffery Luxenberg | Okay, if you could have them do that, thank you. you |
| 00:44:00.73 | David Grab | Yep. |
| 00:44:06.96 | Nora Fry | I just wanted to reiterate that we did have neighbor communications and that what Matthew said, I just am really here for questions. If you have anything, the main reason for all the windows and doors on the upper floor to be down six inches is because we dropped the floor six inches and that's because we removed the pop-up roof. So we need to make it work with that. But otherwise I think, I hope it's pretty straightforward and I'm here for questions. |
| 00:44:33.37 | Jeffery Luxenberg | Thank you. |
| 00:44:37.13 | Jeffery Luxenberg | Thank you. Can you stay at the podium? Can you just identify yourself just for the record? |
| 00:44:44.96 | Nora Fry | Nora Fry, I'm the architect. |
| 00:44:46.94 | Jeffery Luxenberg | Okay, thank you. I want to commend you on the drawings that you resubmitted clearly showed what the changes were. So I thought that was done in an excellent manner. I just had a quick question before we go to the other commissioners. What precipitated this change? Usually, once we approve a design, it doesn't usually get something structural or what caused this change to occur? |
| 00:45:14.17 | Nora Fry | After the, there was a wall in the original house that was separating the east and the west that was always up. And then when that came down, it was evident that it was better to move the living space to the east side versus the west. That was basically it. |
| 00:45:29.29 | Jeffery Luxenberg | Okay. I was hoping it was something related to the construction. That sounds good. With that, can other commissioners, commissioners questions of the application? |
| 00:45:40.65 | Richard Graef | I want for questioning. |
| 00:45:43.35 | Jeffery Luxenberg | Mission Regress. |
| 00:45:43.97 | Richard Graef | Just to clarify, the new patina, the roof areas, that's just going to be copper, right? Not bronze. It's copper. |
| 00:45:54.81 | Nora Fry | It's copper, but it's going to patina. |
| 00:45:56.43 | Richard Graef | It'll turn green. |
| 00:45:57.52 | Nora Fry | Right, right. |
| 00:45:58.66 | Richard Graef | Okay. |
| 00:46:00.68 | Jeffery Luxenberg | Any other commissioner questions? |
| 00:46:05.07 | Richard Graef | other than to say, Well done. Thank you. |
| 00:46:09.18 | Jeffery Luxenberg | Thank you, Commissioner Graff. Any others? It's hard to see from the little, I'm not seeing any raised hands. So with that, we will open it up for public comment. Director Phipps, can you indicate whether we've got any cards from people in the audience or anybody on Zoom? |
| 00:46:29.54 | Director Phipps | Certainly, Chair. I have received no speaker cards for the item, nor do I see any hands raised in the chamber. I am looking to the Zoom application. Same. No hands raised. Back to you. |
| 00:46:31.12 | Jeffery Luxenberg | Thank you. |
| 00:46:41.03 | Jeffery Luxenberg | Okay, we will close the public hearing portion of this and bring it back up to the dais and look for some direction from commissioners. |
| 00:46:50.82 | Kristina Feller | I'd like to make a motion to approve 99 CloudView modifications to a design review permit project ID 2023-00148. As presented with the one modification mentioned by our planner that the office is an office and not a closet. Otherwise, I think we're good. |
| 00:47:13.68 | Nastassya Saad | Okay. THE FAMILY. |
| 00:47:15.84 | Jeffery Luxenberg | Okay, any further discussion? Seeing none, Director Phipps, can you call the roll please? |
| 00:47:23.00 | Director Phipps | Just for the record, would it be okay to show Commissioner Saad as the commissioner that seconded that motion? Sure. Or whoever would like to. |
| 00:47:30.10 | Nastassya Saad | Sure. |
| 00:47:34.05 | Nastassya Saad | I'll take it. Commissioner Feller beat me to the motion. |
| 00:47:39.14 | Director Phipps | Commissioner Saad it is. With that, I will call roll. Commissioner Saad. Yes. |
| 00:47:43.36 | Nastassya Saad | Thank you. |
| 00:47:43.40 | Jeffery Luxenberg | Yes. |
| 00:47:43.79 | Director Phipps | you Commissioner Graff. Yes. Commissioner Feller. Yes. Vice Chair Genius. Yes. Chair Luxembourg. |
| 00:47:44.78 | Jeffery Luxenberg | Yes. Yes. Yes. |
| 00:47:50.47 | Director Phipps | Motion passes. |
| 00:47:51.63 | Jeffery Luxenberg | Okay, next item is adjournment. Our next meeting will be on December 13th. There aren't any other items. I look for a motion to adjourn. |
| 00:48:03.51 | Kristina Feller | So moved. So moved. Thank you. Thank you. |
| 00:48:06.85 | Jeffery Luxenberg | Thank you. |
| 00:48:06.97 | Director Phipps | Thank you. So I said that. |
| 00:48:08.54 | Jeffery Luxenberg | Yeah. Thank you. Thank you. Have a great evening. |
| 00:48:09.54 | Director Phipps | Thank you for the public. Have a great evening. |
| 00:48:11.21 | Kristina Feller | Good night, Jeffrey. |
| 00:48:11.61 | Jeffery Luxenberg | Thank you all. |
| 00:48:13.08 | Kristina Feller | Night, Chair. |
| 00:48:14.14 | Jeffery Luxenberg | You know? |
Kevin Gamm — Neutral: Urged the commission to carefully consider neighbor concerns, drawing on his experience in construction. Emphasized ethical building and community respect. Did not explicitly oppose the project but asked for issues to be resolved before approval. ▶ 📄
David Grab — In Favor: Project designer, explained the design strategy for setbacks and privacy decks, including a negotiated 18-inch shift. Addressed shade study accuracy and the intent to provide privacy for both neighbors. Defended the project against criticisms. ▶ 📄