1 mill valley planning commission

1 MILL VALLEY PLANNING COMMISSION 2 3 DRAFT MINUTES 4 5 REGULAR MEETING OF TUESDAY, SEPTEMBER 13, 2016 6 7 COUNCIL CHAMBERS, CITY HALL, 7:00PM 8 9 26 CORTE MADERA A VENUE

10 11 PLANNING COMMISSION MEMBERS: 12 13 Anne Bolen- Chair 14 Ricardo Capretta- Absent 15 Urban Carmel 16 Frederick Eisenhart - Absent 17 Kevin Skiles 18 19 (00:00:02) 20 CALL TO ORDER 21 22 (00:00:12) 23 ORAL COMMUNICATIONS: Time for comments from members of the public on issues 24 not on this Planning Commission agenda. (Limited to 3 minutes per person.) 25 None. 26 27 (00:00:27) 28 APPROVAL OF AGENDA: 29 30 It was M/s by Commissioner Skiles/Commissioner Carmel to approve the agenda, as amended. 31 32 The motion was carried 3/0. 33 34 PUBLIC HEARINGS 35 36 (00:00:42) 37 1. 235 W. Blithedale A venue - Planning Commission Determination for a Recently 38 Approved Project- File No. PL 15-4422 (Svanstrom) 39 40 Public Hearing for a request for a Planning Commission Determination regarding 41 whether the revised pool design complies with the recent Project Approval and 42 Conditions of Approval. The proposed project has been determined to be exempt from 43 further environmental review under Section 15303 of the California Environmental 44 Quality Act (CEQA) Guidelines. 45

Planning Commission Minutes DRAFT 1

September 13, 2016

46 235 W. Blithedale Avenue doc 47 48 (00:00:53) 49 Staff Presentation from Senior Planner Kari Svanstrom 50 51 (00: 11:07) 52 Presentation from Applicant Michael Stankus of Michael Rex Architects 53 54 (00: 17:00) 55 Presentation from landscape architect David Schwartz 56 57 (00:18:19) 58 Public Comment 59 None. 60 61 (00: 18:27) 62 Commission Deliberation 63 64 Commissioner Skiles noted the reduction in both earth and water volume from the original pool 65 design, that the pool would now be able to be covered and so reduce evaporation, and that the 66 water use component is significantly enhanced with the new design. He noted the 40-foot length 67 was still within the building width, which would help contain any pool noise from the street. He 68 said the elimination of the pool's infinity edge, which reduces the pump and cascading water 69 noise, is a big step forward in reducing the overall noise of the pool. He was willing to support 70 the design, saying it is in the spirit of the conditions the Commission created, it is a better 71 solution for the neighbors, and he agreed with the applicant that the 40-foot length would make 72 the pool more usable, and the greater depth would make it safer for diving. 73 7 4 Commissioner Carmel agreed with Commissioner Skiles that the amount of water and noise had 75 been reduced, and said he was gratified to see all the neighbors in favor of the design. He said 76 the fact that the applicant's neighbor has a larger pool in the same canyon supports that this pool 77 is an appropriate size, and he is in favor of the new pool design. 78 79 Chair Bolen was also in favor of the pool design and applauded the applicant's thoroughness and 80 neighborhood outreach. She said this design is an all around better solution, adding that 81 eliminating the infinity edge goes a long way with respect to water conservation and noise. 82 83 (00:21 :35) 84 It was M/s by Commissioner Skiles/Commissioner Carmel to amend Specific Condition of 85 Planning Approval #1, subject to the revised design and the 9113/16 staff report, and find that: 86 87 88 EXHIBITB 89 FINAL SPECIFIC CONDITIONS OF PLANNING APPROVAL 90 235 W Blithedale Avenue 91 APN 029-042-01 and 029-042-33, File No. PLlS-4422


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92 Planning Department 93 I. Plans and elevations shall be in substantial conformance with plans prepared by Michael 94 Rex Associates dated received March 3, 2016 by the Mill Valley Planning Department 95 and labeled "Exhibit A" on file with the Mill Valley Planning and Building Department 96 except as modified herein: 97 a. Applicant shall remove invasive plants from within the Creek Setback area and 98 replant with native riparian plants. 99 b. All retaining or site walls within the setbacks shall be maintained at 18 inches above

1 00 natural grade or lower. 101 c. The Second Unit kitchen shall be supplied with a minimum of an apartment sized 1 02 fridge, sink, and oven or stovetop. 103 d. Utilities shall be undergrounded from the street to the structures. 1 04 e. The pier block foundation along the south side of the second unit shall be maintained 1 05 and reused, and shall not be replaced with new foundations. 1 06 f. Existing north and west foundation walls and wall framing shall be maintained. 1 07 g. Pool shall ee reduced in size to 15 feet in width ey 30 feet in length, and ee no more 1 08 than 6 feet deep. 1 09 h. Infinity fountain shall ee operated ani y eetween the hours of 9 am and 9 pm. 110 1. Off-haul shall be reduced. Applicant shall work with staff to reduce the off-hauL and 111 shall provide updated off-haul calculations showing reduction for review and 112 approval by City staff. 113 J. Pool shall be in substantial conformance with the Revised Plans prepared by Michael 114 Rex Associates dated received August 18,2016, and as approved by the Planning 115 Commission on Sept. 13, 2016. 116 117 The motion was carried 3/0. 118 119 (00:23:15) 120 2. 175 Bolsa Avenue- Request for Vacation of Right-of-Way at 175 Bolsa Avenue-121 File No. PL 16-4501 (Svanstrom) 122 123 The Planning Commission will review a request for right-of-way abandonment and make 124 a recommendation to the City Council, which has final review authority. The request is 125 for abandonment of an approximately 335 square foot portion of the Bolsa Avenue right-126 of-way adjacent to this property, up to and including a retaining wall at the edge of the 127 roadway. The proposed project has been determined to be exempt from further 128 environmental review under Section 15305 of the California Environmental Quality Act 129 (CEQA) Guidelines. 130 131 175 Balsa Avenue doc 132 133 (00:23:30) 134 Staff Presentation from Senior Planner Kari Svanstrom 135 136


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137 (00:30: 11) 138 Presentation from Applicant Heidi Richardson of Richardson Architects 139 140 (00:30:38) 141 Public Comment 142 143 (00:35:08) 144 Commission Deliberation 145 146 Commissioner Skiles said having the owner take responsibility for the improvements that are 147 tied in with the project makes sense, and that it is a good outcome from the City's perspective. 148 149 Commissioner Carmel said the application was straightforward and makes for a better design. He 150 noted there are no adverse public comments and said he is in favor of proceeding. 151 152 Chair Bolen agreed with her fellow commissioners and said it is in the best interests of the City 153 and the applicant to proceed with the application. 154 155 (00:36:34) 156 It was M/s by Commissioner Skiles/Commissioner Carmel to approve the application and find 157 that: 158 159 RESOLUTION NO. PC16 -14 160 161 A RESOLUTION OF THE CITY OF MILL VALLEY PLANNING COMMISSION 162 RECOMMENDING THAT THE CITY COUNCIL APPROVING THE SUMMARY 163 VA CATION OF EXCESS RIGHT -OF· WAY FRONTING 164 175 BOLSA A VENUE (APN 029-113-24) 165 166 WHEREAS, John Everett Sangiacomo and Whitney Swindells Sangiacomo ("the 167 applicant") wishes to summarily vacate approximately 335 square feet of excess right-of-way 168 width frollling their property located at 175 Balsa Avenue ("the vacated area"). 169 WHEREAS, on September 13, 2016, the Planning Commission conducted a duly noticed 170 public hearing to consider the proposed Street Vacation, and found the proposal to be consistent 171 with the General Plan; policies of the Department of Public Works related to Street Vacation; 172 and, the State Streets and Highways Code; and

173 WHEREAS, there will be public benefits from the vacation at no cost to the City, and 17 4 the public shall be relieved from future maintenance responsibility and associated liability for the 175 vacated area, including, but not limited to, the existing retaining wall at the edge of pavement.

176 WHEREAS, the summary vacation proceeding is and will be conducted pursuant to the 177 requirements of Chapter 4 of Part 3 of Division 9, Sections 8331, 8333, and 8334, of the Streets 178 and Highway Code of the State of California.


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NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF MILL VALLEY, having considered all evidence in the public record, does hereby recommends the City Council vacate the excess right-of-way fronting I 7 5 Balsa A venue. Motion by Commissioner: Skiles

Second by Commissioner: Carmel

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Mill Valley on the 131

h day of September, 2016 by the following vote:

AYES: NOES: ABSENT:

Bolen, Carmel, Skiles None Capretta, Eisenhart

Anne Bolen, Chair, City of Mill Valley Planning Commission

ATTEST:

Yin Smith, Director of Planning & Building


September 13, 2016

230 EXHIDIT A 231 RECOMMENDED FINDINGS FOR APPROVAL 232 RIGHT-OF-WAY VACATION AT 175 BOLSAAVENUE (APN 029-113-24) 233 234 1. The project is Categorically Exempt from the CEQA requirement for the preparation of 235 environmental documents under Section 15305 of the CEQA Guidelines. 236 CEQA Guidelines Section 15305 exempts minor lot line adjustments that do not result in 237 the creation of a new parcel.

238 2. The proposal is consistent with the Municipal Code. 239 The City's Municipal Code (MVMC) Section 11.20 addresses Vacation of Streets. These 240 conditions have been met as the applicant is paying all costs associated with the proposed 241 vacation. 242 243 3. The proposal is consistent with the State Street and Highway Code Section 8230, which 244 the City has adopted as criteria for vacation of a street, alley or easement: 245 a. That the vacated area has been impassible for at least five consecutive years 246 preceding this action. 24 7 The area proposed for vacation is a retaining wall and an undeveloped 248 hillside outside of the Bolsa Avenue right-of-way. 249 b. That no public money was expended for maintenance of the vacated area for at 250 least five consecutive years preceding this action. 251 No City funds have been expended on maintenance of the area within the last 252 five years. 253 c. That the vacated area has not been used for public right-of-way purposes for at 254 least five consecutive years preceding this action. 255 The area is a hillside area and retaining wall and has not been used for 256 public right-of-way purposes within the last five consecutive years. 257 d. That the vacated area is not required for street purposes. 258 The Department of Public Works and City Manager's Department have 259 reviewed the application and, due the topography of the area proposed for 260 abandonment, this area would not be used for future street purposes. 261 e. That the public interest will be served by this vacation, including being relieved 262 by future maintenance responsibilities, and the avoidance of potential liability 263 expenses to the City. 264 After the 2012 fire, the City constructed a retaining wall to stabilize the roadway 265 at Balsa Avenue. This retaining wall is owned and maintained by the City. As 266 part of the right-of-way abandonment, the property line would be adjusted to 267 transfer the retaining wall to the private owner, along with any future maintenance 268 and potential liability. 269 270 The motion was carried 3/0. 271 272


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273 (00:38:22) 27 4 3. 33 Plymouth Avenue - Design Review- File No. PL 15-4368 (Newman) 275 276 Design Review request to reconstruct an existing I ,520 square foot one-story residence 277 with a 311 square foot garage and add a second story, resulting in a new 2,081 square 278 foot home with a 285 square foot one-car garage and 208 square foot accessory structure 279 on a 5,947 square foot lot. The proposed project has been determined to be exempt from 280 further environmental review under Section 15302 of the California Environmental 281 Quality Act (CEQA) Guidelines. 282 283 33 Plymollfh Avenue doc 284 285 (00:38:34) 286 Staff Presentation from Senior Planner Lisa Newman 287 288 (00:48:29) 289 Presentation from Applicant Heidi Richardson of Richardson Architects 290 291 (00:58:25) 292 Public Comment 293 294 (01:01:57) 295 Commission Deliberation 296 297 Commissioner Skiles expressed his appreciation for the applicant's neighborhood outreach, and 298 for taking the Commission and staff's suggestions from the last hearing to heart. He said the 299 project is very much improved, it satisfies every comment made by the Commission, and it is 300 ready for approval. He said the east elevation is handled appropriately, having stained glass on 301 one window and raising the sill height of another window, which would afford privacy between 302 the homes of the applicant and the neighbor. With respect to the west elevation, he 303 acknowledged that the neighboring property is one-story and perhaps will never become a two-304 story, however, he thought it prudent to either raise the sill height of the west elevation master 305 bedroom double window above 42 inches to accommodate the possibility that someday the 306 neighboring property may have a second story put on, or have the fa~ade stepped back from the 307 property line. He said other than that, the design is very nice, and appropriate. He said the colors 308 are appropriate and have enough variety, particularly with the variety of window sizes and types; 309 he thought the fa~ade would be interesting and have a lot of articulation. 310 311 Commissioner Carmel liked the design and appreciated that the applicant had incorporated the 312 recommendations from the prior hearing. He thought the applicant had addressed the neighbor 313 issue as much as possible. He said he was comforted by the fact that the applicant had made the 314 effort to incorporate neighbors' suggestions. He was happy with the design and said the window 315 that faces the view did not trouble him, saying it is a nice view that should be taken advantage of. 316 He said this neighborhood would become more and more developed, and people will have to get 317 used to having windows that look into other houses, because it has already happened in other


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parts of Mill Valley and there will be less privacy as houses get bigger and lots stay the same size. He said he was happy with the design and happy with the process.

Chair Bolen appreciated the applicant's taking the Commission's prior comments into account. She said the design was very attractive and much improved, saying she liked the asymmetry and the modern bungalow style. She agreed with the applicant that the lot is challenging. She said she'd like to see a darker cream color, but otherwise she liked the colors and materials very much. She struggled with the sill issue, because she wasn't sure of the likelihood of the neighbor tearing their one-story home down and rebuilding, but at the same time she thought it important to have consistency in the Commission's decisions.

Chair Bolen polled the Commission on raising the sill height of the west elevation master bedroom double window above 42 inches, given the applicant's comment that the one-story house next door is a new home.

Commissioner Skiles said with the knowledge that the next-door house is new and so not likely to be remodeled to a two-story, he was willing to give a little on the sill height.

Commissioner Carmel said the double window is a nice design characteristic, because it would be a pity to not take advantage of the view, also given the fact that the house next door is new.

Chair Bolen said she was fine with the windowsill height as presented.

(01: 15:50) It was M/s by Commissioner Skiles/Commissioner Carmel to approve the application and find that:

EXIDBITA FINDINGS FOR APPROVAL

33 Plymouth Ave- APN# 030-081-20- PLIS-4368

A. The project is Categorically Exempt from the CEQA requirement for the preparation of environmelllal documents tmder Section 15303(a) of the CEQA Guidelines.

CEQA Guidelines Section 15303(a) exempts, "one single-family residence in a singlefamily zone."

B. The proposal is consistent with the General Plan and the Municipal Code.

The new house is a single-family residential development project consistent with the single-family land use designation in the General Plan. The project meets the height, yard setback, and floor area ratio requirements of the Municipal Code for single-family residences.

C. The proposal is consistent with the residential design guidelines adopted by the City.


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Grading would be very limited, consistent with Guideline 1 0; proposed grading and drainage plans would meet current FEMA flood zone and Flood way requirements consistent with Guideline 13; the project complies with Guidelines 14 and 15 by providing an energy efficient design and use of sustainable materials; the new house design complies with Design Guideline 17 by minimizing the mass and bulk of the residence through an articulated roofline; and the one-car garage with driveway parking for a second car is consistent with the Zoning code and Design Guideline 21.

The City has considered whether to apply any limitations on building, size, height and setbacks pursuant to Section 20.66.045.

No limitations have been placed on the project pursuant to Section 20.66.045.


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EXHIBITB SPECIFIC CONDITIONS OF PLANNING APPROVAL

33 Plymouth Ave APN# 030-081-20; File PLlS-4368

Planning Department

I. The plans stamped received August 25, 2016 are approved. Floor plans and elevations shall be in substantial conformance with plans prepared by Richardson architects labeled "Exhibit A" on file with the City of Mill Valley Planning and Building Department, except as modified herein.

2. The project shall satisfy all FEMA flood zone requirements for structures within the Floodway designation. Approval of the "No Rise" determination shall be received in writing from FEMA and submitted to the Planning and Building Department prior to approval of the Building Permit application. The Building Permit application shall satisfy flood zone construction requirements including appropriate foundation vents.

3. During the construction phase, the following surveys shall be performed demonstrating that the project is consistent with the approved plans and certification submitted for Planning Department review prior to sign-off by the Building Department:

a. Flood elevation certification b. Building foundation certification c. Roof elevation certification

Fire Department

4. A fire sprinkler system shall be provided for: a. All new construction. b. Newly created second units. c. If the combination of the addition, alteration or remodeling exceeds 50% of the floor area of the existing structure, the project is considered a "substantial remodel" and the entire structure shall be retrofitted with a fire sprinkler system. A substantial remodel is defined as when alterations or renovation of any structure, which combined with any additions to the structure, affects a floor area, which exceeds fifty percent of the existing floor area of the structure or when any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings. d. Plans for fire sprinkler system design and hydraulic calculations shall be completed by a licensed C-16 sprinkler contractor and submitted to the Mill Valley Fire Department for approval prior to installation. Fire sprinkler system design and installation shall


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conform to the provisions of the Mill Valley Fire Department and N. F. P. A. Standard(s) 13, 13D or 13R. (For further details, contact Tom Welch, Fire Marshal, at 389-4130.)

5. Noncombustible roofing shall be provided for: a. All new roofs shall be non-combustible. b. Roof Repairs or replacement:

I. Less than 25% - no requirement 2. 25% to 50% - Class C minimum 3. 50% or more- Non Combustible

c. In no case shall the roofing material used be Jess fire resistive than the existing roof.

NOTE: A "noncombustible" roof is a Class A roof (for other than Group R Occupancies, a Class A or Class A assembly) as defined in the Uniform Building Code and approved by the Building Department. (For further details, contact Tom Welch, Fire Marshal, at 389-4130.)

6. The current scope of work appears to be over 50% of the existing structure and is being considered a substantial remodel as defined in City Title 15 and shall meet the requirements of Ordinance 1245 and 1228 relative to fire sprinklers, submittal of a vegetation management plan. However, if further review or change in scope reveals that the project is Jess than 50% of the existing structure then the project will be re-evaluated.

Public Works

7. The sewer lateral for this property shall be replaced from the house to the City. This requirement may be waived if the applicant supplies a DVD to the Department of Public W arks showing that the existing lateral is in satisfactory condition and is constructed of plastic or metal material. All deficiencies in the lateral must be repaired prior to receiving final signoff for this project. If any storm water runoff Jines are found to be connected to the sewer lateral, they must be disconnected from the sewer lateral and discharged in a manner that conforms to the current stormwater discharge practices in Marin County. If the new lateral connects to the City main in a different place than the old lateral, then the old lateral shall be capped at the City main. Should a new sewer lateral be installed, a backwater valve shall also be installed in the sewer lateral.

8. A Construction Management Plan (CMP) shall be submitted to DPW as part of the building permit and shall be incorporated into the plans. This plan shall be a binding document. Failure to adhere to the plan may result in a "Stop Work Notice" being placed on the project. This plan shall be updated as project conditions warrant. Updates to the plan shall be provided to DPW for review and approval. The CMP shall include but not be limited to:


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9.

10.

11.

12.

13.

a. Work schedule (start of construction date, road or lane closure intent/dates, important milestones and proposed final dates) b. Construction Hours c. Construction Waste Management Plan d. Staging/storage type and location e. Travel routes and turn-around locations f. Road and/or lane closures g. Worker auto parking space locations/construction parking h. Phasing (if applicable)

Trench cuts into existing streets require a separate encroachment permit. Where multiple street cuts into the same street occur, a single, final surface (2 inch pavement) repair over the entire street within the trench cuts is required. Pavement grinding is required for the full length and width of the repair limits.

The new driveway approach shall conform to ADA requirements. This shall include maintaining a four-foot wide pedestrian path of travel across the approach with a cross-slope not to exceed two percent. The approach shall not exceed 16-feet in width. The concrete shall be at least 6-inches thick. The location and width of the new driveway shall not impact/reduce the number of available onstreet parking spaces.

All cracked, broken or uplifted sidewalk, driveway and/or curb and gutter fronting the property shall be replaced. Applicant shall coordinate with the Department of Public Works prior to the start of the project improvements to identify the extents and limits of replacement.

A drainage plan will be required for all projects that increase run-off, change existing drainage patterns or modify existing drainage facilities. The drainage shall be designed by a registered civil engineer and supported by a hydrologic analysis indicating pre and post development flows, existing and proposed drainage patterns, hydraulic calculations of new and existing drainage facilities, storm water detention and/or infiltration and any additional analysis as may be necessary to fully describe the project. For residential projects, due to the relatively small drainage areas encountered in Mill Valley, the Rational Method may be used in the hydrologic analysis. The drainage plan is subject to review and approval by DPW prior to issuing a Building or Grading Permit. No modifications to the approved plans shall be made without approval of DPW.

The Applicant shall prepare and submit a Post-Construction Stormwater Quality Control Plan in accordance with the most recent version of the Bay Area Stormwater Management Agencies Association (BASMAA) Post Construction Manual, Design Guidance for Storm water Treatment and Control for Projects in Marin, Sonoma, Napa, and Solano Counties .. Post construction source and treatment controls shall be designed and documented in accordance with Appendix C "Stormwater Control Plan Template for Small Projects/Single-


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14.

15.

16.

17.

18.

Family Homes" and shall be submitted for approval with the improvement plans regardless of whether they constitute private or public improvements. A separate maintenance manual describing proper maintenance practices for the specific treatment controls to be constructed shall also be submitted for review and approval by the City.

The proposed project is in a FEMA designated Flood way, consideration shall be given to the design of drainage elements to prevent standing water in sumps and pits.

All construction materials, debris and equipment shall be stored on site. If that is not physically possible, an encroachment permit shall be obtained from the Department of Public Works prior to placing any construction materials, debris, debris boxes or unlicensed equipment in the right-of-way. The fee for using the right-of-way for storage of construction materials or equipment is $10.00 per day in residential areas, and $20.00 per day in commercial areas. A minimum of 12' passable auto traffic clearance (paved travel way) shall be maintained at all times along the roadway. The placing of portable restroom facilities in the City rightof-way will not be permitted.

Road closures will only be permitted with prior authorization of the Department of Public Works consistent with the City's road closure policy. Persons wanting to close the road are required to provide written notification to affected property owners and neighbors. Signs containing details of the proposed closure must be posted 48 hours in advance. Coordinate traffic control and all temporary road closures with the Mill Valley Department of Public Works. Contact the Department of Public Works at 388-4033 to obtain a road closure permit. A traffic detour plan will be required for any road closures. The detour plan shall be submitted to the Department of Public Works for review and approval.

An Encroachment Permit is required from the DPW for any and all work within the public right-of-way. Construction within the public right-of-way is limited to that necessary to support the lot's use. This includes driveways, sidewalks and any utility connections.

An erosion and sediment control plan is required as part of the building permit application. The plan shall be prepared by a certified erosion control specialist and in full compliance with CASQA standards. The plan is subject to review and approval by the DPW prior to the issuance of the building or grading permit. No modifications to the approved plans shall be made without approval of DPW. The Erosion and Sediment Control Plan may be in the form of an overlay of the Drainage Plan.

At the conclusion of construction, the project engineer shall provide a letter to DPW certifying that all grading and drainage has been constructed according to the approved plans.


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565 Standard Conditions of Project Approval: 566 567 I. All plans shall include a brief description of the project on the cover sheet. 568 569 2. All conditions of approval shall be included on the first sheet after the cover sheet of the 570 construction drawings submitted for a building permit. 571 572 3. Except as otherwise noted in these conditions of approval, the plans submitted to the 573 Building Department for plan check shall be identical to those approved by the Planning 57 4 Commission or Zoning Administrator. If any changes are made to the approved Design 575 Review plans the applicant is responsible for clearly identifying all such changes and 576 reviewing them with the Planning Department prior to submitting for a Building Permit or a 577 revision to the Building and/or Grading Permit. All changes made to the Design Review 578 Plans approved by the Planning Commission/Zoning Administrator and the Building Permit 579 construction document submittal must be clearly highlighted with a "bubble" or "cloud" on 580 plans and marked with a "Delta 'P"' at the time of initial Building Permit submittal. A list 581 describing in detail all such changes shall be submitted and attached to these plans. Any 582 changes that have not been clouded on the plans and noted in a transmittal memo and 583 explicitly approved by Staff are not approved. Construction or demolition that does not 584 conform to the Design Review approval is not valid and shall be subject to stop work orders 585 and may require removal. 586 587 4. Site landscaping shall be generally consistent with the Landscape Plan included as part of 588 "Exhibit A" on file with the Mill Valley Planning and Building Department. The final 589 landscape plan shall be stamped by a licensed landscape architect and filed with the Planning 590 Department prior to occupancy. Plans for any irrigation of the site shall be incorporated into 591 the landscape plan. All planting shown on the approved plan shall be installed prior to 592 occupancy of the proposed residence. Upon the request of an Applicant to receive a 593 Temporary Certificate of Occupancy and at discretion of the Director of Planning and 594 Building, landscape installation may be suitably guaranteed by posting a cash bond equal to 595 100% of the cost and installation of any landscape improvements. 596 597 5. Acceptance of the construction drawings and specifications does not release the applicant and 598 owner from correction of mistakes, errors, or omissions contained therein. If, during the 599 course of construction, the public interest requires a modification or a departure from these 600 accepted plans, the City shall have the authority to require such modifications or departure 601 and specify the manner in which the same is to be made. 602 603 6. The applicant shall indemnify, defend and hold harmless the City, its officers, agents and 604 employees (collectively "the City") from any and all claims, actions, lawsuits, damages, 605 losses and liabilities arising or resulting from the granting of this permit by the City, the 606 performance of the use authorized by this permit or the exercise of the rights granted by this 607 permit. The applicant's obligation to indemnify, defend and hold harmless the City shall 608 include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's 609 choice in representing the City in connection with any such claims, actions or lawsuits, any 610 expert fees, and any award of damages, judgments, verdicts, court costs or attorney fees in


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611 any such claim, action or lawsuit. 612 613 7. A Construction Management Plan (CMP) shall be submitted to the City as part of the 614 Building Permit and/or Grading Permit and shall be incorporated into the plans. This plan 615 shall be a binding document. Failure to adhere to the plan may result in a "Stop Work 616 Notice" being placed on the project. An electronic copy of the APPROVED CMP shall be 617 submitted to the City, and may be posted to the city's website. This plan shall be updated as 618 project conditions warrant. Updates to the plan shall be provided to the City for review and 619 approval. The CMP shall include but not be limited to: 620 621 a) Work schedule (start of construction date, road or lane closure intent/dates, 622 important milestones and proposed final dates) 623 b) Construction Hours 624 c) Construction Waste Management Plan 625 d) Staging/storage type and location 626 e) Travel routes and turn-around locations 627 f) Road and/or lane closures (Applicant to provide information on how many 628 anticipated road closures, and the reasons for each road closure). 629 g) Worker auto parking space locations/construction parking 630 h) Phasing (if applicable) 631 i) If construction improvements are located in areas of steep slopes, the Contractor 632 shall provide safe temporary hard surface stair access to the improvements. This 633 access shall be shown on the CMP. 634 635 The CMP may be more stringent if the project is located close to schools or in impacted 636 neighborhoods. A CMP may be required to be modified if a neighborhood becomes 637 "impacted" during the course of the construction. Impacted neighborhoods are defined as 638 areas in geographic proximity (i.e. using the same streets for access) with a significant 639 number of simultaneous construction projects. 640 641 The hours of construction activity shall be limited to 7:00a.m. to 6:00p.m. Monday through 642 Friday. Construction is not allowed on Saturdays, Sunday or holidays. The use of power 643 tools shall be limited to 8:00a.m. to 5:00p.m. Monday through Friday. Delivery times shall 644 be determined at the time of Building Permit review and included on the Construction 645 Management Plan sign. 646 647 A 24 inch by 36 inch weatherproof copy of the approved Construction Management Plan 648 shall be posted on the site as part of a job site sign and located so as to be clearly readable 649 from the public right-of-way. In addition to the approved Construction Management Plan, the 650 sign shall include the following information: 651 652 a) Address of the project site. 653 b) Permitted hours of construction and of deliveries/off-haul. 654 c) Name, e-mail address and direct phone number of the General Contractor. 655 d) Name, e-mail address and direct phone number of the person responsible for managing 656 the project.


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657 e) Name and direct phone number of the party to call in case of an emergency. 658 f) City of Mill Valley Code Enforcement Officer (415-389-4203). 659 660 8. All construction materials, debris and equipment shall be stored on site. If that is not 661 physically possible, an encroachment permit shall be obtained from the Department of Public 662 Works prior to placing any construction materials, debris, debris boxes or unlicensed 663 equipment in the right-of-way. The fee for using the right-of-way for storage of construction 664 materials or equipment is $10.00 per day in residential areas, and $20.00 per day in 665 commercial areas. A minimum of 11' passable auto traffic clearance (paved travel way) shall 666 be maintained at all times along the roadway. The placing of portable restroom facilities in 667 the City right-of-way will not be permitted. 668 669 9. All portions of the job site shall be maintained in an organized and professional condition. 670 All trash, debris, construction scraps and broken/deteriorated machinery shall be removed 671 from the site by the end of each week. If off loaded construction materials are not used 672 within 2 weeks, they shall be screened from public view. All sidewalks, driveways and 673 public/private roadways fronting the subject site shall be broom cleaned at the end of each 67 4 business day. 675 676 I 0. Prior to issuance of a building permit, a Construction Sign shall be posted in a location where 677 the sign is clearly readable from the public right-of-way. The sign shall be 9 to 12 square feet 678 in size. Information on the sign shall include: 679 a. Address of site. 680 b. Permitted hours of construction. 681 c. Name, address, and phone number of the contractor. 682 d. Name and phone number of the person responsible for the project. 683 e. Name and phone number of the private party to call in case of an emergency. 684 f. Requirement that workers carpool to the site. 685 g. Contact info for the City's Code Enforcement Officer as follows: 686 Code Enforcement Officer 687 Denise Stoneham 688 415-389-4203 689 690 II. A Pre-Construction Meeting is required. Prior to initiation of any work on the proposed 691 project, the applicant shall arrange a pre-construction meeting that shall be attended by City 692 of Mill Valley staff, the owner, general contractor, and sub-contractors responsible for 693 demolition, foundation and excavations, framing, roofing and major deliveries to review 694 these conditions of approval, permitted hours of operation, etc. Staff may require additional 695 subcontractors depending on project scope. The general contractor is responsible for 696 ensuring that all contractors adhere to the Construction Management Plan and all Conditions 697 of Project Approval and Conditions of all permits (Building, Grading, Encroachment, etc.). 698 699 12. All required construction signage and any required tree-protection shall be posted and 700 available for City inspection at the time of the Pre-construction meeting. If these measures 701 are not in place at the time of the pre-construction meeting, a re-inspection fee will be 702 required and issuance of building permit will be delayed.


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703 Planning Department Standard Conditions of Approval: 704 705 13. Design Review approval shall expire one year after approval. Prior to the expiration of a 706 Design Review approval, the applicant may apply to the Director of Planning and Building 707 for a one-year extension from the date of expiration. Not more than two one-year extensions 708 may be granted. The Director of Planning and Building may make minor modifications of 709 the approved design at the time of extension if he/she finds that there has been a substantial 710 change in the factual circumstances surrounding the originally approved design. This 711 approval is effective from the date of approval until the Building Permit is issued and shall 712 expire one year after approval should a Building Permit not be issued. If Building Permits 713 are issued during the effective life of the Design Review approval, the expiration date of the 714 Design Review approval shall be automatically extended to concur with the expiration date 715 of the Building Permit. 716 717 14. The project shall be in compliance with all Energy Efficiency Regulations contained in the 718 Mill Valley Municipal Code. 719 720 15. The light source for all exterior lighting fixtures shall be shielded from adjacent properties. 721 Cut sheets for all exterior lighting shall be submitted as part of the Building Permit. 722 723 16. For any project that includes new foundations or retaining walls, property lines shall be 724 physically identitied (string line or equal), and the applicant shall submit a letter or certificate 725 from a licensed surveyor that confirms that the structure complies with the approved setbacks 726 prior to pouring the foundation. 727 728 I 7. For any project that includes new structures, a letter or certificate from a surveyor confirming 729 that the height of the roof complies with the approved plans shall be submitted to the 730 Planning Department prior to rooting (prior to roof nailing is recommended). 731 732 Department of Public Works Standard Conditions of Approval: 733 734 18. All projects with a construction value of $10,000 or more are subject to a Road Impact Fee of 735 1% of the Building Permit value. This fee is calculated and collected, through the Building 736 Department at the time of Building Permit issuance. 737 738 19. An Encroachment Permit is required from the DPW for any and all work within the public 739 right-of-way. Construction within the public right-of-way is limited to that necessary to 7 40 support the Jot's use. This may include but is not limited to: driveways, sidewalks and any 7 41 utility connections. For all improvements within the public right of way, the applicant shall 742 submit plans to adequately describe the work. Plans shall include but not be limited to 7 43 drainage details, cross-sections, driveway/roadway grades and utility locations as necessary. 744 7 45 20. Any improvements, public or private, damaged during construction shall be replaced, by the 7 46 applicant, in-kind or with new improvements. All cracked, broken, or uplifted sidewalk, 747 driveway and/or curb and gutter fronting the property shall be replaced. Applicant shall 748 coordinate with the Department of Public Works prior to the start of the project


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7 49 improvements to identify the extents and limits of replacement. 750 751 21. An erosion and sediment control plan is required as part of the building permit application. 752 The plan shall be prepared by a certified erosion control specialist and in full compliance 753 with CASQA standards. The plan is subject to review and approval by the DPW prior to the 754 issuance of the building or grading permit. No modifications to the approved plans shall be 755 made without approval of DPW. The Erosion and Sediment Control Plan may be in the form 756 of an overlay of the Drainage Plan. 757 758 22. The sewer lateral for this property shall be replaced from the structure to the City main. This 759 requirement may be waived if the applicant supplies a DVD to the Department of Public 760 Works showing that the existing lateral is in satisfactory condition and is constructed of 761 plastic or metal material. All deficiencies in the lateral must be repaired prior to receiving 762 final signoff for this project. If any storm water runoff lines are found to be connected to the 763 sewer lateral, they must be disconnected from the sewer lateral and discharged in a manner 764 that conforms to the current stormwater discharge practices in Marin County. If the new 765 lateral connects to the City main in a different place than the old lateral, then the old lateral 766 shall be capped at the City main. Should a new sewer lateral be installed, a backwater valve 767 shall also be installed in the sewer lateral. All work related to sewer replacement or 768 rehabilitation requires a permit from the City. 769 770 23. Road closures, if permitted by the Project Approval, will only be permitted with prior 771 authorization from the Department of Public Works consistent with the City's road closure 772 policy. Signs containing details of the proposed closure must be posted 48 hours in advance. 773 Coordinate road closures with the Mill Valley Department of Public Works. Contact the 774 Department of Public Works at 388-4800 to obtain a road closure permit. 775 776 24. If a permeable paving system is to be used as a part of the site development strategy, the 777 analysis shall include but not be limited to the following: 778 a. For drainage purposes, the underlying intent, either retention or detention, shall be fully 779 quantified. If retention is to be used, a soils report, including percolation of the soils shall 780 be submitted as a part of the plans. If detention is to be used, peak runoff quantities, 781 storage capacity of the system, discharge rates, discharge points, impacts to existing 782 facilities etc. shall be included. 783 b. The structural adequacy of the system that accommodates vehicle loading including 784 emergency response vehicles (i.e., fire trucks) if the access to be designated for that 785 purpose. 786 c. Provisions for ongoing maintenance of the pavers shall be included in the submittal 787 package. 788 789 25. If the proposed project is located in or adjacent to a waterway, within an area designated as 790 habitat for threatened or endangered species, or other special status area, it possibly falls 791 under the jurisdiction of another agency such as the United States Army Corps of Engineers, 792 the California Regional Water Quality Control, or the California Department of Fish & 793 Wildlife, U. S. Fish & Wildlife Service, etc. These agencies shall be contacted to determine 794 if the project lies within their respective jurisdictions. All necessary permits and/or approvals


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795 shall be obtained prior to the City issuing any permits. If permits are not required, a letter 796 stating so shall be submitted to the City as part of the record. 797 798 26. Trees and vegetation shall be trimmed according to Section 11.24.090 of the Mill Valley 799 Municipal Code. Trees and shrubs shall be kept trimmed so that the lowest branches 800 projecting over public properties provide a clearance of not less than eight (8) feet. Bushes 801 and other vegetation shall be trimmed so no portion hangs over the sidewalk or road. Trees 802 and vegetation shall be trimmed according to Section 11.24.090 and 12.04.050 of the Mill 803 Valley Municipal Code. Trees and shrubs shall be kept trimmed so that the lowest branches 804 projecting over public properties provide a clearance of not less than eight (8) feet over 805 sidewalks and not less than twelve (12) feet over streets. 806 807 Fire Dept. Standard Conditions of Approval: 808 809 27. The following conditions shall apply to this application based on City of Mill Valley Ordinance 810 1262 and the provisions of the 2013 California Fire Code, Ordinance 1228 and the provisions 811 of the 2003 International Urban Wildland Interface Code and standards development and 812 adopted by the Mill Valley Fire Department. Please note that Fire Department Ordinance 1262, 813 1228 and fire prevention standards are available on the City of Mill Valley web site at 814 http://www.cityofmillvalley.org and can located on the fire prevention portion of the Fire 815 Department page. 816 817 28. The address shall be posted in accordance with requirements of the California Building Code, 818 California Fire Code and Fire Department Standard 205. Final inspection and signoff of 819 address posting shall be coordinated through Building Department. 820 821 29. Smoke and CO detectors shall be installed in accordance with the California Building Code. 822 Final inspection and signoff of smoke detectors shall be coordinated through Building 823 Department. 824 825 30. Noncombustible roofing shall be provided for: 826 a. All new roofs shall be non-combustible. 827 b. Roof Repairs or replacement: 828 1. Less than 25% - no requirement 829 ii. 25% to 50% - Class C minimum 830 111. 50% or more- Non Combustible 831 c. In no case shall the roofing material used be less fire resistive than the existing roof. 832 833 NOTE: A "noncombustible" roof is a Class A roof (for other than Group R Occupancies, a 834 Class A or Class A assembly) as defined in the Uniform Building Code and approved by the 835 Building Department. 836 837 31. Prior to occupancy, a spark arrester shall be installed on the chimney(s) 3/8" rnesh minimum. 838 839 32. Final occupancy approval shall not be granted by the Fire Department unless all conditions 840 have been met.


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841 33. Fire Department and City personnel shall be granted access to private driveways and private 842 roadways in order to enforce applicable ordinances related to fire codes, municipal and penal 843 codes pertaining to maintaining road access for emergency vehicles. 844 845 34. To avoid inspection delays by the Fire Department, all requests must be made at least 48 846 hours in advance. 847 848 35. All permits and/or inspection fees required by the Fire Department shall be paid in full prior 849 to final occupancy being granted. 850 851 Building Department- Standard Conditions of Approval: 852 853 36. All construction shall comply with the 2013 California Building Code, Plumbing Code, 854 Electrical Code, and Mechanical Code, and other applicable Title 24 Codes. 855 856 37. It is the responsibility of the designer(s) to ensure that all of the above Title 24 codes, as well 857 as any applicable Mill Valley Municipal Codes are incorporated into the design. 858 859 Marin Municipal Water District -Standard Conditions of Approval: 860 Note it is the applicant's responsibility to procure the necessary review/approval of the following 861 items, which are required prior to issuance of a building permit. Evidence of compliance 862 (compliance letter, etc.) shall be submitted to the Planning Department as part of the building 863 permit review process: 864 865 38. All landscape and irrigation plans must be designed in accordance with the most current 866 Marin Municipal Water District (MMWD) landscape requirements. Prior to providing water 867 service for new landscape areas, or improved or modified landscape areas, MMWD must 868 review and approve the project's working drawings for planting and irrigation systems. Any 869 question regarding the MMWD's current water conservation and landscape Ordinance should 870 be directed to (415) 945-1497 or [email protected]. 871 872 New construction and rehabilitated (renovations or changes made to sites with an existing 873 irrigation system) landscape projects will be affected by these requirements if the altered 87 4 landscape area is greater than 500 square feet. 875 876 39. Installation of a gray water recycling system is required for all projects that require 877 installation of new water service and existing structures undergoing "substantial remodel" 878 that necessitates an enlarged water service in compliance with Ordinance No. 429. 879 880 END OF STANDARD CONDITIONS OF APPROVAL 881 882 The motion was carried 3/0. 883 884


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885 (01: 18:37) 886 4. 471 Throckmorton Avenue- Study Session for Design Review- File No. PL 16-887 4498 (Newman) 888 889 Site Study Session to review two options for a Design Review request to substantially 890 remodel and expand an existing 3,432 square foot three-story residence with no garage to 891 add 1,910 square feet, resulting in a 4,389 square foot home with a 500 square foot 892 second unit, a 450-493 square foot two-car garage and a potential 488 square foot 893 accessory structure on a 27,789 square foot lot. The site is zoned RS-7.5 and H-0, 894 Historic Overlay District. The proposed project has been determined to be exempt from 895 further environmental review under Section 15302 of the California Environmental 896 Quality Act (CEQA) Guidelines. 897 898 471 Throckmorton A venue doc 899 900 (01:18:45) 901 Staff Presentation from Senior Planner Lisa Newman 902 903 (01 :33:42) 904 Presentation from Applicant Heidi Richardson of Richardson Architects 905 906 (0 I :46:29) 907 Presentation from preservation architect Mark Hulbert 908 909 (01 :48:30) 910 Public Comment 911 912 (02:03:29) 913 Commission Deliberation 914 915 Commissioner Skiles said he liked that the applicants took the bones and soul of the home 916 seriously. He said the lack of a formal legal designation in an overlay district doesn't prevent the 917 applicant from following practices that would be consistent with the Secretary of Interior 918 standards and looking to those for cues on how to rehabilitate the structure correctly; he said the 919 proposed design appeared to be going in that direction. He encouraged the applicants to continue 920 to use those standards, and to use historical renovation standards that would be appropriate to the 921 period. He thought option 2 was the superior option and the right direction with the building 922 moved more toward the center of the property so it is equidistant from each property line, getting 923 the height of the structure into the double setback zone on the property, and the addition where 924 the gambrel roof gets continued onto both sides and completes the design. He liked that the home 925 could be lowered so it would be under the 35-foot height limit and no height variance required, 926 and said it is intelligent use of the topography on the site. He said landscape screening, 927 particularly along the east side, would be very important with option 2, because that is where the 928 large oak tree is to be removed and the screening would help the home to not appear to loom 929 over the neighbor's backyard. He was okay with the tree's removal due to its poor health. With 930 respect to the design of the second unit, he didn't like the mimicry going on between the gambrel


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931 gable end on the garage second unit, saying the new structure should look new and the old 932 structure should look old, citing the Secretary of Interior's standards to not mimic the old 933 structures. He encouraged the applicant to make that structure not follow the roof form exactly. 934 He was not troubled with respect to the access to the second unit, and he didn't think it inhibits 935 the second unit from being accessed independently just because it shares a landing with the 936 second story auxiliary door. He was okay with removal of the redwood and coast live oak, 937 because the redwood is of a size that is commonly permitted for removal and the oak is in poor 938 health. He did not support a height variance for option I, because he felt option 2 was the best 939 choice and it does not require a height variance. 940 941 Commissioner Carmel said when he visited the site he could see how the house and trees are in 942 bad shape. He didn't have a problem with option 2 and thought it made much more sense. He 943 didn't have a problem removing the trees, saying the entire yard needs to be completely re-944 landscaped. He said it sounds like the second unit can be accessed independently and would have 945 sufficient privacy, so he did not see an issue with the design as it is. He said the home did not 946 seem unusually large for the size of the lot, and the house across the street and some other houses 94 7 nearby are significant in size, so it did not seem unusual for that neighborhood to have a house 948 this size. He liked that option 2 seemed to sit tighter on the lot in terms of keeping the structure 949 together and allowing open space to be more unified. 950 951 Chair Bolen said option 2 seemed to be more consistent with its original historic site and better 952 centered on the lot. She said the neighborhood is only part of it, that to her it is a case-by-case 953 and lot-by-lot evaluation, because there are some lots that have topographical features that make 954 them not as buildable. 955 956 Commissioner Skiles confirmed that individual lots have features that can lower the maximum 957 FAR, adding that his evaluation is that this lot does have a preponderance of those features. 958 959 Commissioner Carmel liked that the applicant was trying to stay true to the Harvey Klyce design, 960 which would keep the integrity of what Mill Valley has looked like in the past and be a good nod 961 to history. He deferred to Commissioner Skiles with respect to the second unit mimicking the 962 design of the main house, saying he knew that new structures are not supposed to closely 963 resemble the original design. 964 965 Chair Bolen thanked the applicant for adhering to the historical nature and preserving this 966 beautiful old building, saying there are so few sites like this one left that are magical and full of 967 history. She was in favor of an historical overlay to preserve the house for the future. She 968 favored option 2, because it centers the house, has one driveway that works better, and no 969 variance is required. She had no comments on the design features with respect to the second unit. 970 She was not troubled by the mimicking and liked the way it looked. With respect to the 971 independent access, she said she was more of a stickler than the other Commissioners and said 972 she would study that code section more thoroughly to understand why it is written the way it is 973 and if it would permit this type of connection. She said the project is headed in the right 97 4 direction. She said the landscaping would be very important, because of the number of trees on 975 the property, and so the site can remain natural with replacement trees. 976


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977 Commissioner Skiles said this lot feels large and secluded, and said landscaping would go 978 toward preserving that. He said the lot didn't have an amphitheater quality to it, so he didn't have 979 a problem with the proposed pool size. 980 981 Chair Bolen agreed with Commissioner Skiles regarding the pool size, but said she didn't want 982 to lock herself into a specific size, because she doesn't yet know how deep the pool would be, 983 but she didn't have an objection at this time based on the lot being so secluded. 984 985 Commissioner Carmel said if the proposed pool size is roughly the same size as the existing 986 pool, and if no one has objected to it so far, then it is probably not an issue and he would not 987 object to it. He asked the applicant to address the size of the existing pool, the size of the 988 proposed pool, the depth, the amount of water, pump noise, evaporation, etc. at the next hearing. 989 990 (02:50: 16) 991 APPROVAL OF MINUTES: AUGUST 9, 2016 992 Continued. 993 994 (02:50:36) 995 LIAISON REPORTS: None. 996 997 (02:50:41) 998 PLANNING AND BUILDING DIRECTOR'S ORAL REPORT: Report on items being 999 considered by the City Council.

1000 1 001 (02:54:48) 1 002 ADJOURN 1003 1 004 It was M/s by Commissioner Carmel/Commissioner Skiles to adjourn. 1005 1 006 The motion was carried 3/0. 1007 1 008 Any decision made by the Planning Commission on the above items may be appealed to the City 1009 Council by filing a letter with the Planning Department within 10 calendar davs describing the 1010 basis for the appeal accompanied by the $250 appeal fee.


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