| Time | Speaker | Text |
|---|---|---|
| 00:00:08.55 | Jeffery Luxenberg | Are we ready to start? |
| 00:00:16.08 | Jeffery Luxenberg | All right. Brandon, are we ready to start? Can you hear me? |
| 00:00:20.40 | Director Phipps | Yep, we can get started, Chair, at your discretion. |
| 00:00:22.73 | Jeffery Luxenberg | Thank you. okay uh this is the sausalito planning commission meeting of april 24th 2024 before we call it to order, I just want to note pursuant to 54953 subsection F to a Roman numeral one. I'm notifying the planning commission that I need to participate in tonight's meeting for just cause said cause is identified in subsection J to a that I'm providing child care for my grandchildren in Virginia. There are no individuals 18 or older in the room. and I will be participating with both. video and audio. And with that, I would like you to call the order. Thank you. |
| 00:01:07.85 | Director Phipps | Thank you very much, Chair. And before I call order, just want to say good evening to everyone, including commissioners, staff, and members of the public, as well as the fact that this meeting, this evening's meeting is being held at 420 Litho Street, Sausalito City Council Chambers, and is open to members of the public. Members of the public may also access this meeting and provide public comment through Zoom. With that, I will call roll. Commissioner Junius. Here. Commissioner Feller. Here. Commissioner Merlot. |
| 00:01:33.72 | Kristina Feller | Thank you. |
| 00:01:33.74 | Nastassya Saad | Here. |
| 00:01:35.66 | David Marlatt | here. |
| 00:01:35.68 | Director Phipps | Vice Chair Saad. Thank you. |
| 00:01:37.40 | Nastassya Saad | you |
| 00:01:37.47 | Jeffery Luxenberg | Here. |
| 00:01:37.65 | Director Phipps | Thank you. Jerry Luxenberg. |
| 00:01:39.66 | Jeffery Luxenberg | THE CITY IS A CITY. |
| 00:01:40.57 | Director Phipps | All right, we have achieved quorum. |
| 00:01:42.98 | Jeffery Luxenberg | Thank you. Next item on the agenda is approval of the agenda. I'm looking for a motion to approve. |
| 00:01:49.28 | Kristina Feller | So moved. Second. |
| 00:01:52.06 | Jeffery Luxenberg | Director Phipps, if you could call order. |
| 00:01:55.29 | Director Phipps | Yes, Commissioner Merlot. |
| 00:01:56.87 | Jeffery Luxenberg | world. |
| 00:01:57.45 | Director Phipps | Yes. Commissioner Junius. Yes. Commissioner Feller. Yes. Vice Chair Hassan. Yes. Chair Luxenberg. |
| 00:02:00.60 | Jeffery Luxenberg | Yes. Yes. Yes. |
| 00:02:05.36 | Director Phipps | Motion passes. |
| 00:02:06.93 | Jeffery Luxenberg | Thank you. Next item is public comments for items not on the agenda. If Director Phipps, if you can give instructions to the public, that'd be appreciated. |
| 00:02:15.93 | Director Phipps | Yep, happy to. A few words. 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, Adam Blair, Maria Hernandez to my right. If you'd 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 and to raise your hand from a phone. Press star nine. Each speaker will be notified when their time has elapsed. That does it for my little intro. And chair looking to the chamber for interested raised hands. Not such a full house today, seeing none. Looking to the Zoom application for raised hands, seeing none. And I will just give one more moment. Seeing none, back to you. |
| 00:03:22.06 | Jeffery Luxenberg | Okay, thank you. We'll move on to item four, Planning Commission minutes. I'll look for a motion for approval of the minutes for April 10th, 2024. |
| 00:03:32.23 | Andrew Junius | Move to approve? Thank you. |
| 00:03:33.35 | Kristina Feller | Second. |
| 00:03:34.90 | Jeffery Luxenberg | And is there any discussion or comments from the commission? |
| 00:03:38.70 | Kristina Feller | No. |
| 00:03:40.52 | Jeffery Luxenberg | Seeing none, Director Fitz, if you can take roll, please. |
| 00:03:44.59 | Director Phipps | Commissioner Merlot. Yes. Commissioner Junius. Yes. Commissioner Feller. Yes. Vice Chair Assad. Yes. Chair Luxembourg. |
| 00:03:48.81 | Jeffery Luxenberg | Yes. Yes. Yes. |
| 00:03:52.45 | Director Phipps | Thank you. Motion passes. |
| 00:03:54.17 | Jeffery Luxenberg | Next item on the agenda is five communications. Director Pipps says they're a report out from CDB this evening. |
| 00:04:00.75 | Director Phipps | Yes, there is. As noted on the agenda, we have one communication item this evening from staff related to staff progress on objective design and development standards. At the March 19 City Council meeting, staff held a study session on the objective development design standards with City Council, where staff received feedback from Council on how to proceed with the development of the odds. This includes multiple direction points to staff, such as developing housing element opportunity site overlays that are a little bit more specific than what is currently developed, drafting more comprehensive objective view preservation standards, looking into both public and private view corridors and developing additional architectural standards such as standards related to colors and materials those standards may or may not apply only within the historic district however they are that yeah as stated they may apply citywide as well to implement this direction councils also directed staff to create a and work with odds peer review group, which includes local design professionals. Staff are currently working to finalize the membership of this peer review group with Council and management, and we'll be sending out an initial kickoff email to selected participants when that occurs. And I'll just note that one of the selected participants happens to be in this room with us and is also a planning commissioner and is also a local architect. You may have a pretty good sense of who that is based on that descriptor. And Commissioner Merlot, you may be receiving an email related to this in the near future. |
| 00:05:43.88 | David Marlatt | Thank you. Thank you, I'll check my spam folder. |
| 00:05:46.66 | Director Phipps | you Thank you. Bye. Staff will continue to keep the commission apprised of updates on the odds and this follow-on work. That does it for my communication update. Thank you, and back to you, Chair. |
| 00:05:57.17 | Jeffery Luxenberg | Okay, thank you for that. I think there's a very important element. I think Commissioner Marlott will do an excellent job working with that group. So I appreciate his willingness to serve on that committee. Uh, at this point, are there any other readouts from commissioners on any other matters at this time? |
| 00:06:16.50 | Kristina Feller | I just like to actually ask a question for clarification. Are we allowed to make a comment on the odds like a one way comment? |
| 00:06:27.92 | Attorney Branham | I don't have a concern with that since it was agendized relatively broadly. |
| 00:06:32.76 | Kristina Feller | Okay, thank you. My comment is I strongly urge staff to implore the city council to approve this second phase, which is the odds that we reviewed here as the planning commission right away. That does not preclude any subsequent phases of any updates to the odds. This has been vetted for about two years with myself and Commissioner Junius and some of the best consultants in California and the time is of the essence. It's quite urgent to get these done. That doesn't mean they're necessarily perfect. I think perfection is an illusion, but these are absolutely critical to the city of Sausalito and I strongly urge no further delay in the odds that we've reviewed and the City Council is now reviewed. Thank you. |
| 00:07:32.47 | Jeffery Luxenberg | Thank you, Commissioner Feller. I would like to second that. I think I agree with Commissioner Feller. The sooner the better. I'm getting at least something in place and then further stuff to get in place as well. |
| 00:07:32.87 | Andrew Junius | Yeah. |
| 00:07:33.06 | Don Lingaman | I'm sorry. |
| 00:07:45.61 | Andrew Junius | Yep, I totally agree. We've got to get this done and keep working on it, but don't wait any further. It's got to get done. |
| 00:07:52.72 | David Marlatt | So dovetailing on that theme, I agree too. From Director Phipps, is there any sense of what is the anticipated schedule and the process? Will we be having a second presentation of the odds at some point? This is supposed to be done by the end of the year, I believe, is that? Right. |
| 00:08:12.39 | Director Phipps | Do you mean as stipulated in our adopted and certified housing element programs? |
| 00:08:16.24 | David Marlatt | I've stipulated whatever you like. |
| 00:08:19.28 | Director Phipps | Yeah, I think that there was a goal to have the odds completed by the end of this year. What I will say is as a next step, once we do settle on that membership list that I mentioned, we will be sending out a poll which will gauge the optimal time for the group to meet based on mutual convenience and alignment with schedules. So that's forthcoming. |
| 00:08:35.73 | David Marlatt | Thank you. |
| 00:08:43.90 | David Marlatt | Okay, thank you. |
| 00:08:46.62 | Jeffery Luxenberg | Thank you. Are there any other matters that commissioners want to raise this evening under communications? I'm not seeing any at this point, so let's move on to item six. public hearing at this time, I'd like to see if there are any declarations regarding public contacts for any items this evening. Commissioner Junius. Thank you. |
| 00:09:12.06 | Andrew Junius | Nothing to declare. |
| 00:09:13.02 | Jeffery Luxenberg | Thank you. |
| 00:09:13.14 | Andrew Junius | Thank you. |
| 00:09:14.59 | Jeffery Luxenberg | Commissioner Merlin. |
| 00:09:16.28 | David Marlatt | I visited the property. I didn't enter the property and did not speak with anyone. |
| 00:09:22.31 | Kristina Feller | Thank you. |
| 00:09:22.34 | Jeffery Luxenberg | Commissioner Feller. |
| 00:09:23.67 | Kristina Feller | Nothing to declare. |
| 00:09:25.95 | Jeffery Luxenberg | Vice Chair Saad. |
| 00:09:27.30 | Kristina Feller | Nothing to declare. |
| 00:09:28.18 | Nastassya Saad | Thank you. |
| 00:09:29.54 | Jeffery Luxenberg | and I also have nothing to declare. With that, we'll move on to 6A, 626 Main Street. The applicant, Donald Lingaman, on behalf of owners Jan and Elizabeth Shad, is requesting a tree removal permit to remove one coast live oak tree and a zoning permit for an 85 square foot residential addition at 6626 Main Street. And we welcome again Adam Blair to do the presentation. |
| 00:10:01.96 | Adam Blair | Thank you, Chair, and good evening, Commissioners and members of the audience. It's a pleasure to present before you all this evening. As Chair said, I'm Adam Blair, Assistant Planner with the Community Development Department. And the item before you tonight is both a tree removal permit, requesting the removal of one Coast Live Oak tree at 626 Main Street. And a zoning permit, requesting the approval of an 85 square foot residential addition at 626 Main Street. Now before I begin, I just want to note for the record that per Sausalito Municipal Code 10.50.020, subsection E, The Planning Commission shall review and approve the zoning permit, which is typically an administrative permit, as part of the entire proposal since the zoning permit is bundled with the tree removal permit application, which requires Planning Commission review and approval. Next slide, please. All right, so here's a location map to the right. 626 Main Street is part of a duplex with 628 Main Street. 626 Main Street is actually the lower unit. The numbers were flipped on the Marin County GIS system Marin map, but it's noted correctly on the Google Maps diagram to the right. The property is zoned R-2-2.5, which is our two-family medium high density residential zoning district per Sausalito zoning ordinance and general plan. Next slide, please. So project summary, so the applicant, Donald Lingaman, on behalf of owners Jan and Elizabeth Schatt, are applying for a true removal permit, requesting the removal of one Coast Live Oak at the front of 626 Main Street. You can see the tree noted with two red circles there. The arborist, Ben Anderson, with Urban Forestry Associates Incorporated, prepared the arborist report, and due to the tree's unique form, broke the tree down into basically three key parts. There's a left-hand trunk, which is the lower circle on the left. It measures 11 inches diameter at breast height. There's a right-hand trunk noted in the larger circle higher up on the diagram, which is 13.5 inches diameter at breast height. and there's a 20-inch stump in the middle, which was cut into a bench as part of an approved tree removal permit from 2014. And then there's also a zoning permit portion of the application proposing or requesting approval of an 85 square foot residential addition. The addition consists of a 73 square foot stairway addition which basically pops out just below that right-hand trunk there on the diagram as well as 12 square feet of added interior space in the lower portion of 626 Main Street the request was brought forth since tree removal is needed to accommodate the proposed residential addition mainly that 73 square foot stairway addition, and due to concerns about tree health and lean over the existing driveway easement noted at the bottom, which grants neighboring 624 Main Street access to their property. Next slide, please. So the tree removal permit portion of the application focuses on the coast live oak. As mentioned earlier, it consists of two separate trunks and a stump. The arborist photo on the left breaks it down nicely. You can see the left trunk, right trunk, and the stump. A large decay cavity on the left-hand trunk, a second decay cavity at grade, and a mushroom from an unidentified decay fungus on the left-hand trunk were all reported. And the arborists broke down their recommendations into three parts, basically one for each part of the tree. The left-hand trunk is recommended for removal due to its lean over the driveway easement as well as its health as noted by the decay cavities and the mushroom on the left-hand trunk. The right-hand trunk is recommended for removal to accommodate the proposed stairway design. You can see the photo on the right, which was taken by my esteemed colleague, Associate Planner Matthew Mandich, during our visit to the site on March 14th. Basically, that portion of the building right behind the trunk is where the addition is going to go, and it's going to bump out right to where that trunk is. And then in terms of the stump, the arborist suggested that it could either be removed or left in its current state as a bench. Next slide, please. For the zoning permit portion of this application regarding the proposed 85 square foot residential addition, as noted earlier, it's comprised of a 73 square foot stairway addition. As you can see on the top left, or the top diagram on the right hand side, as well as 12 square feet of added interior space. It's kind of hard to see, but it's in the bottom diagram on the bottom right side side, there's a shaded square area, and basically that's a wood-raised floor that would basically be taken out and replaced with a level concrete floor, kind of consistent with the flooring around it, thus giving them 12 extra square feet of space. The addition is proposed largely to accomplish the, or basically grant the tenant access to approximately 374 square feet of existing finished storage space, which is slated to be converted to living area. The space is gonna be reconfigured with a new laundry room, bedroom, and bathroom, as can be seen on the bottom left image. Next slide, please. So here's a zoning data table showing the proposed project's conformance with our development standards and zoning ordinance. The column on the left, ordinance, lists our requirements per our zoning ordinance for, for example, setbacks, maximum building height, building coverage, floor area ratio, and impervious surfaces. You'll see that the numbers didn't change too much between the existing and proposed given the total added square footage was 85 square feet. The property was already pretty close to its maximum building coverage and impervious surface coverage requirements. But generally, the proposed project complies with all standards listed in our zoning ordinance. Next slide, please. Here's a slide showing some additional pictures of what the existing storage area currently looks like. As you can see, it's got a finished floor, finished ceiling. It would be a good space to convert into living space. It looks like they currently use it for bicycle storage. You can see some gym equipment kind of in the back. You can see it more in the right-hand photo. and a current little office setup. And then the photo on the right is basically a visual of what that wood-framed elevated floor looks like that is proposed for removal to give the tenant that extra 12 square feet of added floor space. Next slide. All right, so staff recommends the Planning Commission approve application 2024-00026 for 626 Main Street and adopt the attached draft resolution approving the tree removal permit and zoning permit. Staff finds the proposed project is in conformance with the criteria listed in Sausalito Municipal Code 11.12.030, subsection B1 through 3, and fails to meet the findings, which are grounds for denial, listed in Sausalito Municipal Code 11.12.030, subsection B 1 through 3 and fails to meet the findings which are grounds for denial listed in Sausalito Municipal Code 11.1 2.030 subsection B 3 a through e And just to note before I close that for the zoning permit portion of the application, no additional findings are present for the Planning Commission to make, as this is an administrative permit that is reviewed ministerially. That's it for my presentation. Thank you all for listening, and I'm open to any questions that you may have. |
| 00:17:38.03 | Jeffery Luxenberg | Thank you, Adam. With that, we'll get questions from commissioners of the staff presentation, and then we'll move on to the applicant's presentation. Who would like anybody to raise their hands? I can see you're on Zoom. |
| 00:17:51.44 | Kristina Feller | I can see your hands. I'll go ahead and start. |
| 00:17:53.97 | Jeffery Luxenberg | and start. |
| 00:17:55.90 | Kristina Feller | Thank you, Chair. And Assistant Planner Blair, thank you for one of the best presentations we've gotten. It's very thorough and really appreciate the attention to detail. It makes it much easier for us to decipher all of this. So thank you for that. I just wanted a point of clarification if you received any public comment in a written form on this project. |
| 00:18:20.45 | Adam Blair | No public comment was received for this project. |
| 00:18:23.13 | Kristina Feller | Okay, great. Thank you. Thank you for that. The only other question I have real quick is I was reading through the findings. And number, I guess it's 2B, the applicant is required to pay a tree replacement fee, et cetera. You know, this is all part of the findings, of course. I'm assuming that would refer to the city's tree fund. Is that correct? That is correct, yes. Okay, perfect. Thank you very much. Thank you. |
| 00:18:49.36 | Adam Blair | That is correct, yes. |
| 00:18:55.01 | Jeffery Luxenberg | Other commissioners' questions of staff. |
| 00:18:57.29 | David Marlatt | I've been. Yes, for me this is just a maybe just a clarification. So if I understand correctly, the left hand tree, the findings are the left hand tree would be removed for reasons of health and lean, and the right hand tree, I know that they're sort of paired, but the right hand tree is ostensibly healthy, but in the way of the structure. And those are the basis of the findings. |
| 00:19:22.03 | Adam Blair | That is correct, yeah. The right-hand trunk would basically be removed to allow for the development of the property. |
| 00:19:27.82 | David Marlatt | Right. Okay. Thank you. |
| 00:19:31.58 | Jeffery Luxenberg | Thank you, Commissioner Marlott. Commissioner Junius, Vice Chair Saad, do you have any questions of staff? |
| 00:19:38.33 | Nastassya Saad | No other questions. |
| 00:19:40.67 | Jeffery Luxenberg | I just have a couple, Adam, if I could. The first is, attached to the agenda, you note that the date for the drawings was received on March 21st, 2024, but there's no on the electronic version, is that only on the hard copies where that date would appear. |
| 00:20:08.42 | Adam Blair | I honestly do not know for the physical plans. |
| 00:20:12.82 | Jeffery Luxenberg | Okay, because I'm going to ask for a condition that refers to the plans. And there's a date on the drawings, but it's not that date. That's sometimes I get stamped on the paper copies, but I was not sure. But for the sake of this one, I'll just use the date that's on the drawings when we get to that part of the proceeding. The other question, for the record, I just want to incorporate that zoning chart with your staff report. So if we could, for the record, make that part of your staff report. for the record. And then, I had a similar comment on the replacement. Often the commission, typically the commission, if a tree is being removed, would require a condition to put a tree, a fee for the tree replacement fund. Is there a reason you aren't recommending that, or it's just you just are recommending the waiver of the fee? |
| 00:21:17.23 | Adam Blair | We recommended that the applicant contribute to a tree fund because the current location of the tree would be in the way of the proposed residential development. And then kind of if you're at the front of the property, if you move further left, the space between the property and the retaining wall shrinks by quite a bit. So it would make it difficult to replant a similar tree unless it was a much, much smaller tree. So. |
| 00:21:43.69 | Jeffery Luxenberg | Okay, so I must have misread the staff report. I thought you were recommending a way The staff report didn't recommend a waiver? |
| 00:21:52.05 | Kristina Feller | It was an option. |
| 00:21:54.54 | Jeffery Luxenberg | It was an option, okay. Um... Okay, I'm fine with that. Any other questions before we move on to the applicant's presentation? |
| 00:22:05.31 | Kristina Feller | Chair, just a perhaps a follow up to the, to your last question here. I believe the Arborist Report quoted $5,900 as a value. Is that your recollection, Assistant Planner Blair? |
| 00:22:20.08 | Adam Blair | I don't recall seeing an assessment made for the value of the tree in the arborist report. |
| 00:22:24.66 | Kristina Feller | Okay. |
| 00:22:26.34 | Jeffery Luxenberg | I believe that is the amount, Commissioner Feller, that is what I saw. |
| 00:22:30.84 | Kristina Feller | Okay, thank you, Chair. Thank you. |
| 00:22:33.98 | Jeffery Luxenberg | Okay. At this point, I will have the – is the applicant present, Adam? |
| 00:22:41.84 | Adam Blair | Yes. |
| 00:22:43.88 | Jeffery Luxenberg | So the applicant has 15 minutes to do a presentation. Thank you. and can reserve some of the time in case there's any feedback during public comment. |
| 00:22:58.87 | Don Lingaman | Good evening, I'm Don Lingaman. I did the drawings for this project. And I don't really so much have a presentation, as it were. It's a relatively small project. I would like to have a couple of comments, though. in reference to the trees, the Tree we're calling the right-hand side tree is a growing about 16 inches away from the foundation of the house, downhill from the house. And it had been the concern of the homeowners and mine, frankly, that should that tree, it's already leaning and should it continue to lean, it would very possibly crack the foundation on the house. So that it's my position and the owner's position that regardless of whether we were doing this project, those trees have to go. They're both both of them are leaning already the the one that's already cut the stump as it's been referred to Was cut because it had leaned to the point where the neighbors that have the easement could no longer drive into their driveway The other two branches are slowly working their way into the same position so that said As far as the replacement of the trees, that I was not aware of. However, I do know that in the arborist report, he does point out that the property has a relative abundance of oak trees already on the property, both in the frontage and going up both sides of the property and at the top of the property. At this point, with the easements as they are, with the driveway as they are in the footprint of the house putting another tree on the property would be less than advantageous to anyone. Thirdly, The homeowner was just out of town in Europe for a bit over a month. we were communicating and I was letting him know how the Process was going on this project And, um, He came, when he returned from his trip, he came back to find a letter from his homeowner's insurance. saying that his insurance was canceled because his house has wood siding and because the property has too many trees close to the house. So I think that everyone in, in, Charge here should really take into some serious consideration I suspect that my client is not the first one or the last one that's going to get his insurance canceled I know that it's happening up and down the state So just as a word of warning, there's you're probably going to hear a lot more about this because people are going to be dropped. Right now, he's looking at insurance rates that are going to be quadrupled what he was paying. And that's about all I have to add. The project, for the most part, speaks for itself. Thank you. |
| 00:25:59.10 | Jeffery Luxenberg | Thank you. Oh, so why don't you stay at the podium if you could. Commissioners, do you have questions of the app? And we can stop the clock at 1154. Commissioners, if you have |
| 00:26:15.24 | Kristina Feller | Chair, I just have a quick question for the applicant. |
| 00:26:18.94 | Jeffery Luxenberg | THE END OF |
| 00:26:19.87 | Kristina Feller | Thank you, sir. Just your thoughts or your clients thoughts about the bench. Are they wed to this one way or the other? Or is this something that must stay? |
| 00:26:32.73 | Don Lingaman | I think that it's probably going to come out because the, the reality is, is it's not three separate trees. It's all one tree coming from one root ball and the, uh, Horseshoe, we had originally considered trying to keep the tree on the left, but the arborist says that the fungus and cavity at the base of the tree, it's gonna die anyway. So we need to, in order to put the foundation in for the staircase, we're, we need to get, bring a stump grinder in and grind down as opposed to trying to dig it with shovels. And so I suspect that the stump as well will be gone. I think it'll all be gone. |
| 00:27:15.99 | Kristina Feller | Thank you, sir. Thank you. |
| 00:27:16.77 | Don Lingaman | Thank you. |
| 00:27:16.82 | Kristina Feller | Thank you. |
| 00:27:19.23 | Jeffery Luxenberg | Other commissioner questions? |
| 00:27:20.84 | David Marlatt | Yes. I had a question about the stair location and really just curious if you evaluated, you and your client evaluated alternate locations, whether inside or in the side yard, that drove you to the conclusion that the only place was where these trees are located? |
| 00:27:24.03 | Jeffery Luxenberg | Thank you. |
| 00:27:39.21 | Don Lingaman | Um, several things. The, the, um... apart the storage area that we want to capture is in the very front of the house. It's not the full size of the unit above. So it's only about 12 feet deep from the front of the house going back. So that limited it somewhat, and the side setback on the side would have prevented... trying to do a staircase out, plus it would have required removal of another tree and the door, there's an exterior door to the storage room that goes in at that place. on the side of the house. So there wasn't really a good way to do it. They've been using it as an office and a workout room, but the reality is they have to go out into the rain and down a bunch of exterior stairs to go into that space. The homeowner initially had considered doing a studio ADU type of a thing in the space, but it seemed that that would provoke potentially more parking, and it just seemed like it would be less advantageous and then with a little bit of research, he found that there really wasn't that many three bedroom rentals in Sausalito and this units that's what we're trying to do is turn it from a two bedroom two bedroom one bath to a three bedroom two bath So it just seemed financially and practical to do it this way And as it was, it was challenging to get the staircase to work. I don't know if you've looked at the drawings. It's using winders to get down. |
| 00:29:24.16 | David Marlatt | I've looked at the track. |
| 00:29:30.49 | Don Lingaman | It's about as compact as it could get. |
| 00:29:34.76 | David Marlatt | Thank you. Mm-hmm. |
| 00:29:37.78 | Jeffery Luxenberg | Other commissioner questions of the episode? Okay, thank you for your presentation. |
| 00:29:46.15 | Don Lingaman | The homeowners here also, and he would maybe like to speak with you for just a moment if that's possible. |
| 00:29:52.33 | Jeffery Luxenberg | Yes, you've got 1153 and you also have an opportunity after we open up this for public comment, but yes, the |
| 00:29:59.70 | Don Lingaman | THE END OF THE END OF THE |
| 00:30:00.64 | Jeffery Luxenberg | a homeowner can do a presentation as well. Thank you. |
| 00:30:03.78 | Don Lingaman | Okay. |
| 00:30:06.20 | Jan Schatt | his, |
| 00:30:07.07 | Don Lingaman | His name is Jan Schatt. |
| 00:30:08.68 | Jan Schatt | Yeah, thank you, hello. I didn't realize I was gonna do a presentation. I think Don did a very good job. My concern really is around the treatment placement and the notification I got from my broker, of course. |
| 00:30:20.67 | Unknown | Sir. Forgive my interruption. Could you talk into the microphone? Is this better? Yeah, thank you. |
| 00:30:23.27 | Jan Schatt | Thank you. better yeah so again my concern is more around now it's added concern around brush and trees close to the close to the house this particular one if I were to have to resort to the fair plan they require photos of the roof line from all sides this particular tree is right up against the roof line on that one side. And I prune every year. I make sure everything's clear. Dead branch has gone away from the roof. Now, of course, you need to be even further away from your roof line. It's not just a few feet. Ideally, it's at least six. So that just added, I guess strength unfortunately to the argument hey it's at least six so that just added I guess strength unfortunately to the argument hey you know we should we should get rid of this the bush the shrubs that I have close to the house on that side they should come out to again insurance is gonna is really driving all of that which is too bad and then And. And then finally, the ecosystem that we have there of oak trees all around the property, I love and they're very valuable. I plan to keep them as much as I can and they will grow into a lot of the space that this particular tree occupies now. So I'm not too concerned. The arborist wasn't too concerned with that either. And that's it, unless you have any questions. |
| 00:31:57.03 | Jeffery Luxenberg | Okay, thank you. Any questions from commissioners of the homeowner? |
| 00:31:57.27 | Jan Schatt | Thank you. |
| 00:32:03.02 | Kristina Feller | Thank you. |
| 00:32:03.04 | Nastassya Saad | No. |
| 00:32:04.20 | Jeffery Luxenberg | I know. Okay, with that, I will thank you. And you still have 10 minutes and 10 seconds left. We're gonna open it up for public comment. Director Phipps, if you can explain the approach for public comment. |
| 00:32:18.92 | Director Phipps | Certainly, yes. As explained before, a couple options to provide public comment. You can submit a speaker card to me. I will allow raised hands in the chamber, given the number of people in the chamber. And if you'd like to raise your hand in the Zoom application, you may do so digitally by pressing the raise hand button. And if you're on a phone, to raise your hand, press star 9. Looking at the Zoom application for raised hands. Oh, looking to the chamber for raised hands. Yes, sir. What are you here to speak on, sir? |
| 00:32:54.09 | David Marlatt | here to speak on a complaint |
| 00:32:56.23 | Director Phipps | This would not be the time to speak on a complaint. We are providing public comment in connection with a specific tree removal permit. If you'd like to make a comment, we welcome you at any future planning commission meeting. We have a section in our agenda called public comment on items not on the agenda. You are welcome to bring any complaint to us at that time. You may also write an email to our department, cdd at Sausalito.gov. |
| 00:33:22.65 | David Marlatt | Is that written down anywhere? |
| 00:33:24.51 | Director Phipps | Yes, it's online. On the city's website. |
| 00:33:28.39 | David Marlatt | Excellent. |
| 00:33:29.29 | Director Phipps | Have an excellent evening. Thank you. |
| 00:33:32.68 | David Marlatt | We love all of this. It's incredible. We are a government. |
| 00:33:41.29 | Jeffery Luxenberg | Oh. Seeing non-Jeffrey. Oh. Ready? |
| 00:33:41.88 | Director Phipps | Seeing non-Jeffrey. |
| 00:33:43.34 | Jeffery Luxenberg | There are none. Okay, at that point, therefore, we'll close the public hearing. |
| 00:33:44.49 | Director Phipps | Okay. |
| 00:33:48.27 | Jeffery Luxenberg | uh the applicant does have 10 minutes left 10 minutes 10 seconds are there any further comments that you want to make or are you all set applicant and nomad. |
| 00:33:58.04 | Kristina Feller | Thank you. |
| 00:34:01.72 | Kristina Feller | They seem okay. They indicate that they're fine, Chair. |
| 00:34:04.45 | Jeffery Luxenberg | They're okay. I can't see them obviously. All right, so we will close the public hearing and that portion of the hearing, bring it back up to the dais. And any thoughts on how you folks want to proceed? |
| 00:34:19.74 | Kristina Feller | I'm ready to move to approve this project tonight without further delay. I would, one stipulation I would |
| 00:34:26.04 | Jeffery Luxenberg | Okay. |
| 00:34:26.43 | Don Lingaman | What? |
| 00:34:28.30 | Kristina Feller | take the indication from the Arborist Report. And in lieu of the requirement to replant trees on this property, I would recommend the $5,900 value of the trees go to the city's tree fund. |
| 00:34:48.06 | Jeffery Luxenberg | Thank you. I would suggest, just to move this along, I'm going to suggest two additional conditions for condition number three. My condition number four relates to what you just mentioned, Commissioner Feller. Commission number three would be the following language. Construction shall remain in substantial conformance with the project plans on file with the city under application 2024-00026, prepared by Lingamon Design entitled SCAT number 626A addition slash remodel design review for 626 Main Street Sausalito. That would be condition number three. That's our standard language for anything that has a permit of a zoning permit. |
| 00:35:44.74 | Don Lingaman | Thank you. |
| 00:35:48.79 | Jeffery Luxenberg | And then a condition for requiring the applicant to pay a tree replacement fee. And I'll go with the amount you suggested, a Commissioner Fellow, of $5,900. So I would suggest those be added to a motion. The number one, did you actually make a motion or was that just thoughts? |
| 00:36:08.96 | Kristina Feller | I will make that motion to approve with those additional two conditions as you and I have stated. |
| 00:36:15.89 | Jeffery Luxenberg | Thank you. May I? Is there a second? |
| 00:36:16.43 | Kristina Feller | May I? |
| 00:36:18.29 | Jeffery Luxenberg | Thank you. |
| 00:36:18.54 | Kristina Feller | Thank you. |
| 00:36:18.58 | Nastassya Saad | May I make a potential discussion point or amendment to that? |
| 00:36:24.13 | Jeffery Luxenberg | Thank you. Sure. Well, before you do that, is there a second to the question? |
| 00:36:26.09 | Nastassya Saad | We do need a second. I guess, yes. Second to the march. Yes, we do need a second. |
| 00:36:29.78 | Jeffery Luxenberg | Is there a second to the motion? |
| 00:36:31.35 | David Marlatt | I'll second the motion. |
| 00:36:33.05 | Jeffery Luxenberg | Okay, thank you. Yes, now you want to make an amendment that would be great. |
| 00:36:36.65 | Nastassya Saad | Thank you. Yes, I think you are completely correct, Commissioner Feller. I see that in the arborist report of the $5,900 cost. I think the caveat, the reading from the report says the appraised cost of the replacement is heavily dependent upon whether the fungus in the base is an aggressive pathogen. Assuming it is not, the full replacement is the $5,900, but there is a chance that there is that aggressive pathogen as well. So I think in the interest of the full context of this project, I'd recommend slightly less, half of the 5900, which I believe is, you know, about 3,000, 2,995 perhaps. I can do the math quickly. But I would recommend half of the full amount personally. I wholeheartedly support everything else in a complete, there's no question this tree needs to come out. But I'd be more comfortable with a slightly reduced fee based on the arborist report. |
| 00:37:28.71 | Don Lingaman | There's no. |
| 00:37:37.30 | Nastassya Saad | in context. |
| 00:37:38.06 | Jeffery Luxenberg | CHAIRMAN BRYANT, Thank you, Vice Chair Sada. Is there a discussion on the proposed amendment? |
| 00:37:48.79 | Kristina Feller | No discussion, Chair. I'm happy to accept that amendment. |
| 00:37:51.14 | Jeffery Luxenberg | I'm happy to accept that. Okay, so the motion has now been amended and the person who seconded it accepts three seconds the motion or whatever. |
| 00:38:01.57 | David Marlatt | Yeah, sorry. Thank you. I re-second |
| 00:38:04.20 | Jeffery Luxenberg | Okay, is there any other further discussion? |
| 00:38:06.66 | Andrew Junius | I'd like to consider one additional condition. Question for the staff, is it possible |
| 00:38:06.73 | Jeffery Luxenberg | Thank you. Thank you. |
| 00:38:12.65 | Andrew Junius | to condition the building permit or condition the removal of the tree, the actual removal on issuance of the building permit so that the sequencing is such that if for some reason the building permit never gets issued, they decide not to go forward with the project, the trees stay. |
| 00:38:21.82 | Director Phipps | Yes. |
| 00:38:22.32 | Unknown | Thank you. |
| 00:38:28.78 | Director Phipps | The staff would enthusiastically support that. Great. I would like to make that amendment. |
| 00:38:34.27 | Andrew Junius | Thank you. |
| 00:38:34.52 | Kristina Feller | As would I enthusiastically endorse that, yes. Thank you, Commissioner Junius. |
| 00:38:41.69 | Jeffery Luxenberg | Okay, so we have a motion with three additional conditions, three, four and five, Director Phipps for the Let me ask the question. ATTORNEY Sorry, Attorney Branham, is there any, do we have to restate the motion or do you think it's clear enough for staff at this time? |
| 00:39:05.17 | Attorney Branham | Yeah, I, Brandon, do you feel like you have what you need in terms of the change conditions or would it would it be helpful if we restate the motion? |
| 00:39:13.70 | Director Phipps | I don't see any harm in restating the motion. However, I think that the conditions and the specific language was clear. |
| 00:39:22.80 | Attorney Branham | Okay, let's go ahead and restate. If we could have the maker of the motion restate the motion as they now understand it to be. And then if we need to tweak it, if anything is forgotten, we can do that on the record as well. |
| 00:39:31.98 | Kristina Feller | Thank you. Okay, let me give this a shot. So I would like to make a motion to approve this, the tree removal permit and the permit for the addition with three additional conditions of approval. The first being that the record state very clearly the correct date of the drawings that were attached to the report and include the zoning chart with the file for that. The second additional item is that in lieu of replacement trees on the property that the owner issue or provide the value of that tree to the city's tree fund, half the amount of the arborist report, which stated 5,900, what was your number? |
| 00:40:32.39 | Nastassya Saad | So it would be $2,950. |
| 00:40:34.84 | Kristina Feller | $2,950. And then the third motion is that the tree removal permit not be issued until the permit for the construction and the construction go ahead be issued. So just in case this owner does not move forward with this addition, that the tree would not be sacrificed and would stay. That is the motion. |
| 00:41:03.14 | Jeffery Luxenberg | Can we, for the last one, can we say the building permit as opposed to a zoning permit? So the building, we had the word building. Sure, building permit. Condition. |
| 00:41:11.75 | Kristina Feller | Sure, building permits. Mr. Marlott? |
| 00:41:15.44 | David Marlatt | Yes, I would second that. |
| 00:41:16.79 | Kristina Feller | And staff is clear. Okay, thank you. |
| 00:41:19.49 | Jeffery Luxenberg | Okay, with that, is there any further discussion? Doesn't appear to be. Director Phipps, can you take the role? |
| 00:41:28.06 | Director Phipps | Commissioner Merlot. Yes. Commissioner Junius. |
| 00:41:30.95 | Andrew Junius | Yeah. |
| 00:41:31.14 | Director Phipps | Commissioner Filler. Yes. Vice Chair Saad. Yes. Chair Luxenberg. |
| 00:41:32.52 | Jeffery Luxenberg | Yes. Yes. Yes. |
| 00:41:36.64 | Director Phipps | Thank you. Motion passes. |
| 00:41:38.43 | Jeffery Luxenberg | Next item is seven new business. Is there new business? That was on the agenda. |
| 00:41:43.28 | Director Phipps | No new business. |
| 00:41:45.01 | Jeffery Luxenberg | Okay, with that, we'll go to item eight, adjournment. |
| 00:41:48.85 | Kristina Feller | Motion to adjourn. Second. |
| 00:41:51.66 | Director Phipps | Thank you, commissioners. Thank you, staff. Thank you, attendees. Thank you. Have a good evening. |
| 00:41:52.13 | Jeffery Luxenberg | I'm sure. |
| 00:41:52.20 | Kristina Feller | Thank you, Steph. |
| 00:41:52.97 | Jeffery Luxenberg | Bye. |
| 00:41:53.06 | Kristina Feller | Thank you. |
| 00:41:53.19 | Jeffery Luxenberg | Thank you. Thank you. |
| 00:41:53.73 | Kristina Feller | Wendy's. |
| 00:41:54.17 | Jeffery Luxenberg | Thank you. |
| 00:41:54.19 | Kristina Feller | Thank you. |
| 00:41:56.36 | Jeffery Luxenberg | Thank you all. Appreciate it. |