The proposed project is located at the north bend of Cornelia A venue, third house from the comer of Lovell A venue and Cornelia A venue.

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1 STAFF REPORT TO: Planning Commission DATE: June 23,2014 FROM: Tom Zanarini, Associate Planner ~ SUBJECT: 49 Cornelia A venue- Design Re~d Categorical Exemption from CEQA for a new driveway. Joshua Deitch, Applicant and Owner- APN # File No. PL LOCATION (or Directions if project is harder to f"mdl: The proposed project is located at the north bend of Cornelia A venue, third house from the comer of Lovell A venue and Cornelia A venue. STAFF RECOMMENDATION: After conducting a Public Hearing if the Planning Commission is inclined to approve the applications it should: 1. Direct staff to file a Categorical Exemption under Section 15304(a) for a new driveway subject to making the findings in Exhibit A, and 2. Make the findings and approve a Design Review application involving a new driveway subject to the findings in Exhibit A and the conditions of approval in Exhibit B. UNDER CONSIDERATION: A Design Review application for the demolition of an existing driveway and construction of a new driveway to improve the safety and access to the existing home at 49 Cornelia A venue and to the vacant lot known as APN# SITE DESCRIPTION/SURROUNDING LAND USES: The proposed project site is located at the northern portion of Cornelia A venue, is a 31,160 square foot lot with a single-family residence and also crosses a 16,160 square foot vacant lot known at APN# The lot has a roughly a 35% steep slope from east to west with an existing single-family residence. The driveway access includes an easement across the parcel know as APN#

2 Adjacent uses include single-family residential at the north, east, south and west of the subject property. GENERAL PLAN CONSISTENCY: The project site is located in the RS-7.5 Zoning District, which is identified as the SFR-2 (Single-Family Residential-2) land use 'designation in the Mill Valley 2040 General Plan. This land use designation is described as low to medium density single-family residential and has a density range of 1-7 dwelling units per acre. The project site is 31,160 square feet with one dwelling unit. The property known as APN# is a 16,107 square foot vacant lot. This project does not include any changes to the residence and is currently within the density range of its General Plan designation. GENERAL INFORMATION: Zoning: Proposed Use: Lot Size: Cut/Fill: Off-haul: RS -7.5 (Single-Family Residential-7,500 square feet minimum lot size) Single-Family Residential 31, 160 square feet. 580 cubic yards/580 cubic yards 0 cubic yards BACKGROUND: This application was first heard by the Planning Commission on April 8, 2013 as a site strategy study session for a new single-family residence and improved driveway as PL The study session staff report and minutes are included in Attachment 1 and Attachment 2. The Commission supported the plans but requested more information regarding the cut and fill numbers and also to lower the retaining walls for the residence. The applicant at this time has no plans to move forward with the demolition of the existing home and construction of a new single-family residence. The current project is to improve the safety and access to the existing residence with an improved access point for the shared driveway to the neighboring parcel (APN# ). STAFF ANALYSIS: The proposed project includes the demolition of the existing driveway and construction of a new driveway ranging from a 15% to 20% grade with improved driveway material and new retaining walls to stabilize the currently unstable hillside. The existing driveway does not provide sufficient access for emergency vehicles as the current driveway grade exceeds 27%. 2

3 Grading the driveway as shown on the profile diagram on Sheet 1 of the project plans indicates that the lower portion of the driveway will be cut with the fill placed on the upper driveway to balance the grading and provide a more accessible approach. The Geotechnical report included in Attachment 3 indicates that the soil is suitable for use as driveway fill. The proposed driveway eliminates the 180 degree turn required to enter 49 Cornelia Avenue and will be increased in width from 1 0 feet to 14 feet. These improvements are required to allow emergency vehicle access. Parking for 49 Cornelia is provided at the gravel parking turnoff shown on Sheet 1 of the project plans. While the applicant owns both lots, staffhas added a condition of approval in Exhibit B that an access agreement be placed on the deed for ingress and egress access for both lots and a parking easement for 49 Cornelia A venue on the property of APN# Parking at 49 Cornelia Avenue can be improved should the owner continue with Design Review application PL as reviewed by the Planning Commission as a study session on April 8, The proposed retaining walls near the approach aid in slope stability and are spaced to meet the rise/run ratio (no greater than 5-foot rise I no less than 3-foot run) in Design Guideline 10. The landscape plan located on Sheet L 1 of the project plans includes 5 new oak trees at the south portion of the lot near the new driveway access and 8 new redwood trees at the north section of the driveway near Cornelia A venue. The terraced retaining wall will act as planters for low growing shrubs and decorative plants. The landscape plan has been reviewed and is supported by both the Fire and Public Works Departments. The applicant has met with and developed the plans after multiple meetings with the Fire and Public Works Departments, who both support the construction of the proposed driveway on private property and within the City's right-of-way. PUBLIC COMMENT: No public comments have been received at the time of publishing the staff report. RECOMMENDATION: Based on the information provided and the revisions included in the project plans dated May 8, 2014, staffbelieves that the applicant has appropriately met the requirements set forth in the General Plan, Municipal Code and Design Review Guidelines and therefore recommends approval of the project based on the findings in Exhibit A and the Conditions of Approval in Exhibit B. EXHffiiTS A. FINDINGS FOR APPROVAL B. PROJECT CONDITIONS OF APPROVAL ATTACHMENTS 1. PLANNING COMMISSION STUDY SESSION STAFF REPORT DATED APRIL 8, PLANNING COMMISSION MINUTES DATED APRIL 8,

4 3. GEOTECHNICAL SUMMARY PREPARED BY BEN PAPPAS, MILLER PACIFIC DATED JUNE 17, APPLICANT'S WRITTEN DESCRIPTION 4

5 EXHffiiTA FINDINGS FOR APPROVAL 49 CORNELIA A VENUE, APN# File No. PL A. The project is Categorically Exempt from the CEQA requirement for the preparation of environmental documents under Section 15304(a) of the CEQA Guidelines. CEQA Guidelines Section 15304(a) consists of Class 4 projects such as minor grading and alterations on public or private land. The re-grading of an existing driveway complies with this category. B. The proposal is consistent with the General Plan and the Municipal Code. The re-grading of an existing access driveway to a single-family residence in a singlefamily residential zoning district is consistent with the single-family land use designation in the General Plan. The project meets the grading requirements set forth the Municipal Code for driveways in a residential zoning district. C. The proposal is consistent with the residential design guidelines adopted by the City. The construction of the new residence complies with Design Guideline 4 by selecting tree species that are compatible to the project site and neighborhood; Design Guideline 10 by minimizing grading and offhaul and Design Guideline 11 by minimizing the height of retaining walls D. The City has considered whether to apply any limitations on building, size, height and setbacks pursuant to Section No limitations have been placed on the project pursuant to Section

6 City of Mill Valley Exhibit B Conditions of Approval 26 Corte Madera Ave., Mill Valley, CA Phone: (415) Project Address: 49 CORNELIA AVE Project#: PL APN: o 3 DPW: OTHER: (TMS) 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. Specific attention shall be paid to the water flowing onto the street and into any downstream facilities. o 1 FIRE: 1 GENERAL STATEMENT: I have reviewed the transmittal for the above listed address. ~ased on City of Mill Valley Ordinance 1245 and the provisions of the 2010 California Fire Code, Ordinance 1228 and the provisions of the 2003 International Urban Wildland Interface Code and standards development and adopted by the Mill Valley Fire Department the following conditions shall apply to this application. Please note that fire department Ordinance 1245, 1228 arid fire prevention standards are available on the City of Mill Valley web site at http // and can located on the fire prevention portion of the fire department page. 0 2 FIRE: ROADS/DRIVEWAYS AND ACCESS: Road/Driveways and Access. Shall comply with Department Standards 204, 210 and 211 through 216. The driveway serving this project shall meet the following standards related to dimensions, surfacing and slope. Driveways shall be a minimum of 14 feet in width as noted on plan set. The driveway shall not exceed a slope of 18% and be of an all-weather surface (asphalt or concrete or other approved material). Driveways between 18% and 22% may be allowed with the expressed written approval of the fire department. Slope in excess of 18% slope shall be finished with ribbed concrete. A vertical overhead clearance of 13 6"" shall be maintained free of obstructions above any road bed (trees, brush, etc.). 0 4 PL: APPROVED PLANS & ELEVATIONS: Site work and grading shall be in substantial conformance with plans prepared by DVC Group, INC. dated May 8, 20141abeled "Exhibit A" on file with the Mill Valley Planning and Building Department except as-modified herein. a. The owner shall file an ea-sement for ingress and egress across properties know as APN# & 52 prior to issuance of a building permit. o 5 PL: BIOLOGICAL RESOURCES: 0 6 PL: CONDITIONS ON FRONT OF PLANS: Compliance Prior to Issuance of Building Permits All conditions of approval shall be included on the front sheet of the construction drawing submitted for a building permit. 0 7 PL: CONSTRUCTION HOURS: The hours of construction activity shall be limited to 8 00 a.m. to 5 00 p.m. Monday through Friday. Construction is not allowed on Saturdays, Sunday or holidays. The use of power tools shall be limited to 8 00 a.m. to 5 00 p.m. Monday- Friday. 0 8 PL: CONSTRUCTION SIGNAGE: During construction, a sign shall be posted in a location where the sign is legible from the street. The sign shall be 9 to 12 square feet in size. The lettering shall not exceed 4 inches in height. Information on the sign shall include a. Address of site b. Permitted hours of construction c. Name, address and phone number of the contractor d. Name, address and phone number of the person responsible for the project e. Name and phone number of the party to call in case of an emergency f. Name and number of Code Enforcement Officer to call if there is a P\.r'l"\""'."'"""'

7 City of Mill Valley Exhibit B Conditions of Approval 26 Corte Madera Ave., Mill Valley, CA Phone: (415) Project Address: 49 CORNELIA AVE Project#: PL APN: PL: EXPIRATION OF APPROVAL: This approval shall expire one year after approval. Prior to the expiration of a design review approval, the applicant may apply to the Director of Planning and Building for a one-year extension from the date of expiration. Not more than two one-year extensions may be granted. The Director of Planning and Building may make minor modifications of the approved design at the time of extension if she finds that there has been a substantial change in the factual circumstances surrounding the originally approved design. This approval is effective from the date of approval until the building permit is issued and shall expire one year after approval should a building permit not be.issued. If building permits are issued during the effective life of the design review approval, the expiration date of the design review approval shall be automatically extended to concur with the expiration date of the building permit PL: INDEMNIFICATION: The applicant shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively "the City") from any and all claims, actions, lawsuits, damages, losses and liabilities arising or resulting from the granting of this permit by the City, the performance of the use authorized by this permit or the exercise of the rights granted by this permit. The applicants obligation to indemnify, defend and hold harmless the City shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the Citys choice in representing the City in connection with any such claims, actions or lawsuits, any expert fees, and any award of damages, judgments, verdicts, court costs or attorneys fees in any such claim, action or lawsuit PL: LANDSCAPE PLAN: Conditions Requiring Compliance Prior to Final Inspection/Occupancy Site landscaping shall be generally consistent with the Landscape Plan included as part of "Exhibit A" on file with the Mill Valley Planning and Building Department. The finallandsca pe plan shall be stamped by a licensed landscape architect and filed with the Planning Department prior to occupancy. Plans for any irrigation of the site shall be incorporated into the landscape plan. All planting shown on the approved plan shall be installed prior to occupancy of the proposed residence. Upon the discretion of the Planning Director, installation may be suitably guaranteed by posting a cash bond equal to 100% of the cost and installation of any landscape improvements PL: MODIFICATIONS TO PLANS: Compliance Prior to Issuance of Building Permits Except as otherwise noted in these conditions of approval, plans submitted to the Building Department for plan check shall be identical to those approved by the Planning Commission. If any changes are made to the approved Design Review plans, including changes to windows, the applicant is responsible for clearly identifying all such changes and reviewing them with the Planning Department prior to submitting for a building permit or a revision to the building permit. The changes must be clearly highlighted (with a ""bubble"" or ""cloud"") on plans submitted to the Planning Department. A list describing in detail all such changes shall be submitted and attached to the plans. All changes that have not been explicitly approved by Staff are not approved. Construction or demolition that does not have Design Review approval is not valid and shall be subject to stop work orders and may require removal PL: PRECONSTRUCTION MEETING: Conditions Requiring Compliance Prior to Initiation of Construction Prior to initiation of any work on the proposed project, the applicant shall arrange a pre-construction meeting with staff that shall be attended by Mill Valley staff, the owner, contractor and all sub-contractors to review these conditions of approval, permitted hours of operation etc PL: SURVEY REQUIRED: The applicant shall submit a letter or certificate from a surveyor that confirms that the home complies with the approved setbacks prior to pouring the foundation. A letter or certificate from a surveyor confirming that the height of the roof complies with the plans shall be submitted to the Planning Department prior to roofing. Signature Required: Property Owner: Date

8 DATE: April 8, 2013 STUDY SESSION TO: FROM: SUBJECT: Planning Commission P!Bnnerr Tom Zanarini, Associate 49 Cornelia Avenue- STUDY SESSION for Design Review- Joshua Deitch, Applicant and Owner-APN# File PL The proposed project is located within a RS-7.5 (Single Family Residential-7,500 square foot lot size minimum) zoning district on a 31,160 square foot lot. The applicant has requested that the Planning Commission consider the site strategy for a proposed residence and new driveway location prior to submitting an application that focuses on the residential design. The existing condition includes a driveway easement over the neighboring vacant lot. The applicant's intent is to locate the proposed driveway entirely on the subject lot. The applicant has previously met with the Fire Department and the Department ofpublic Works to determine. appropriate driveway length, width, turnaround and approach. The Planning Commission should consider the following potential site impacts as related to t.lj.e proposed project: Slope Design Guidelines Guideline# 1: Integration with Topography Guideline# 2: Relationship of Building Size to Slope Soils and Grading Design Guidelines Guideline# 10: Minimizing Grading, Ofihaul, Excavation and Erosion Guideline# 11: Retaining Walls Guideline# 12: Minimizing Landscape Terracing. Building Design Guidelines Guideline #20: Driveways Guideline# 21: Parking This Mudy Session does not include a Project Data Table or Story Poles as the purpose of this review is to first determine the appropriate site location for the building and driveway. A second Study Session will include the building design.... 1

9 Commissioner Skelton likes the site plan and that it's seeded into the hillside. He stated he likes that the house is not maxed out on FAR and the careful attention to preserving the trees. He would like the drainage studied. He is sensitive to the skylights and views on this property. Commissioner Geiszler echoes the comments about the nice compete set of plans. He feels the garage needs to be as small as possible as it's in the setback. He feels the studio needs to be within the setbacks and stated he doesn't support the skylights to minimize light to the street. He would like to see the walkway more developed. He has concerns about the courtyard bench area in relation to the Oak tree roots. He likes the site approach and works well for the streetscape but would like to see the house dropped down a bit to minimize impacts to the neighbors. He stated that the utility closet needs to be counted in FAR. He is not a huge fan of all those skylights down that ridge as he feels it will be pretty disruptive to the neighbors. He wants to make sure any work done on this project doesn't affect the neighbors Oak tree roots. Commissioner Richardson agrees with everything the Commission has said and feels the garage/studio needs work. She suggested lowering the house down as it is two stories with very narrow setbacks. She agrees that the trees are important and especially since the walkways being more developed Cornelia - Design Review & Second Unit Permit - Deitch - File No (Zanarini) A STUDY SESSION to conduct a preliminary Study Session for determination of the proposed driveway and residence location on a steep sloping lot. 49 Cornelia doc. Applicant presentation from architect Joel Turkel Public Comment- None Commission Deliberation commissioner Capretta thanked the applicant for the well thought out application and the green aspects. He likes using the stock piled dirt to back fill. He likes the driveway solution and minimizing the retaining walls to 4 or 5 feet. He supports the flat roof and scale of the project. Commissioner Geiszler stated he would have liked to have seen a grading plan. He would like to see the mass of the driveway retaining walls broken down. He stated the hillside might have some soil stability issues. He wants to maintain the look and integrity of the street and will be looking at the walls closely. He agrees about stock piling the dirt. He supports the site strategy and likes that the impact to the street is minimal. He supports the materials but feels the landscaping will be important. Planning Cormnission Minutes APPROVED 4 4/8/13

10 Commissioner Skelton agrees with reducing the size of the retaining walls. He would like to see it broken up and lots of care and thought into the plantings. He wonders about how the pool will be perceived from the street. Commissioner Richardson echoes everyone's comments. She would like real numbers and a plan on how you plan on retaining the dirt on site. She is concerned about the height of the driveway walls, swimming pool walls and if that is where the pool should be located. She would like to see a more detailed landscape plart, grading plan and site sections early on. It was M/s Commissioner Geiszler/Commissioner Capretta to adjourn the meeting. The motion was approved 4/0. Any decision made by the Planning Commission on the above items may be appealed to the City Council by filing a letter with the Planning Department within 10 calendar days describing the basis for the appeal accompanied by the $250 appeal fee. Planning Commission Minutes APPROVED 5 4/8/13

11 MillER PACIFIC INGINIIRING GROUP June 17, 2014 File: altr(REV).doc Mr. Joshua Deitch 49 Cornelia Avenue Mill Valley, California Re: Driveway Feasibility 49 & 51 Cornelia Avenue Mill Valley, California ke:.<.;t:ivl:u Plannina 0e'1artment j(jl~.i City of Mill Valley Introduction This letter presents our opinion on the feasibility of the proposed driveway for 49 and 51 Cornelia Avenue in Mill Valley, California. We previously submitted a Geotechnical Investigation Report for the project dated September 24, Our work is performed in general compliance with our Agreement dated May 29, Project Description Based on the preliminary the project plans and discussion with the design team the project includes replacing an existing driveway that is currently in poor condition and does not meet current Fire Department requirements. The new shared driveway will allow residential and emergency vehide access to two residential lots (49 and 51 Cornelia Avenue). Construction of the driveway will require engineered earth fill slopes inclined no steeper than 2:1 (horizontal:vertical) and retaining walls. Site Historv The residential site at 49 Cornelia Avenue was constructed in the 1960's by excavating into the existing hillside. Fill from this excavation was presumably loosely placed above 51 Cornelia to the north. Reportedly, additional"loose dumped fill" has been placed to the west of 51 Cornelia Avenue over time. Based on our previous subsurface exploration and the subsurface exploration performed by Herzog Geotechnical in 2000, approximately 9-feet of "loose dumped", undocumented fill has been placed. Proposed Construction Based on the results of our previous subsurface explorations and the subsurface exploration it is our opinion that this project is feasible from a geotechnical standpoint provided the recommendations outlined in our Investigation Report are followed during construction. As previously discussed the driveway project will require engineered fill slopes. The soil for these engineered fill slopes will come from the "loose dumped" fill pile located on the western portion of 51 Cornelia Avenue. This will effectively reduce the risk of slope instability that may be associated with the previous undocumented fill. 504 Redwood Blvd., Suite 220 Novato, California T (415) F (415)

12 MllliR PACIFIC ENGINEERING GROUP Mr. Joshua Deitch Page 2 June 17, 2014 We hope this provides the requested supplemental geotechnical criteria at this time. Please feel free to contact us with any questions and/or concerns. Yours very truly, MILLER PACIFIC ENGINEERING GROUP Benjamin S. Pappas Geotechnical Engineer No (Expires 9/30/14)

13 Design Review Submittal for Cornelia Driveway Approval To Whom It May Concern, RECEIVED Plannina Deoartment JUN i i 2014 City of Mill Valley Due to our recent purchase of the adjacent vacant lot to our home at 49 Cornelia, and the desire to have safe access to our current home and potential new home. We have decided to seek approval for a new driveway as soon as possible. The most vital factor to this proposed driveway is that it will enable emergency vehicle access. Currently there is no access to our home for an ambulance and or fire engine. Besides Health and Safety, there are several other factors to justify an approval: ~ There is an active and progressive landslide in the path of the proposed driveway and we look forward to mitigating this progressive condition with the analysis of our soils engineer, grading and drainage plan from our civil engineer, and construction documents and design from our structural engineer. (See attached pictures of instability and landslide.) o The current driveway exceeds a 27% slope with a left hand (5-10%) off camber hairpin turn with a non-conforming radius (The last car to get stuck was 2 months ago. It was a PG&E pick-up truck during a gas line repair that required a 16-wheeler toe truck to move the truck from the driveway. (See attached pictures.) The proposed driveway takes advantage of the land from the recently purchased adjacent lot and enables the length for a new driveway slope to max out at 20% and have an average grade of 15%. The proposed driveway has conforming radius's and ample off-street parking for both the existing house and a future new home. o The design of the extension to lot 51 Cornelia is critical to the fire department because ofthe large Y section (which would be the staging area in the event of a fire for either property.) The proposed driveway will enable access to the adjacent lot and will act as extra parking for 49 Cornelia until a new home is approved at some point in the future. o The proposed Driveway has been studied and reviewed by the Mill Valley Fire Department, checked for all its requirements, and has been approved for both 49 and 51 Cornelia. The proposed driveway has been reviewed by Public Works and has been approved for ~ccess to both 49 and 51 Cornelia.

14 The Planning Commission has seen a steeper version of this proposed driveway in study session for 49 Cornelia back in 2013 and had a positive response. (See archive video link.) There has been an exceptional amount of thought, skill, and design from our architect, landscape architect, soils engineer, civil engineer, and structural engineer to accomplish this substantial health and safety improvement. The driveway will be heavily landscaped to minimize wall sections. Sincerely, Joshua and Jennifer Deitch