Mill Valley council denies appeal against housing project

Mill Valley has denied an appeal seeking to stop a 25-home development on East Blithedale Avenue.

The City Council rejected the appeal Monday and approved a conditional use permit by a 3-1 vote, with Councilmember Max Perrey dissenting. The decision clears the way for the development of the housing project, called Richardson Terrace, at 575 E. Blithedale Ave.

The council argued that the design met the city and state’s development standards, countering an argument from the appellant that asserted that the project was inconsistent with the city’s general plan and zoning ordinance.

“The project has been designed to those standards. The project actually meets the criteria that’s been set out under the way that we are required now to review projects,” said Councilmember Urban Carmel.

The project calls for apartments, townhomes and 2,240 square feet of office space on a 1.2-acre site.

The plan includes 11 two-bedroom apartments and a one-bedroom apartment above the office space. It would also include four two-bedroom townhomes and nine three-bedroom townhomes.

Six residences would be considered affordable to meet the city’s standard of 25% at below-market rate. The municipal code requires that three residences be priced for moderate-income households and three residences for low-income households.

The Planning Commission approved the project in a 4-1 vote in January.

Robert Silvestri of Community Venture Partners Inc. filed the appeal on Jan. 24. He was joined in the appeal by the Freeman Park Neighborhood Association and Bingham Kennedy, a resident.

The appeal argued the project is inconsistent with the city’s general plan and zoning ordinance and that it is not exempt from California Environmental Quality Act requirements. It also said there are superior and financially feasible mixed-use project options that better address Mill Valley’s affordable housing needs.

Silvestri argued the city should not feel hamstrung to approve the project as it was proposed.

“That’s what I’m here asking you to do, make an argument,” he said. “You do have the authority to have an opinion about what consistency means. … Your hands are not totally tied.”

Patrick Kelly, the city’s planning and building director, said staff recommended that the appeal be denied on the grounds that the project is compliant with city and state standards.

Jon Yolles, chair of Planning Commission, said the project was approved despite the majority of the public comments opposing it. He said some on the commission felt their “hands were tied” to approve the project because it adhered to housing development regulations.

“There is a new paradigm that we’re operating in with these objective standards,” Yolles said. “That said, there were many worthy aspects of this project.”

The project developer, Phil Richardson, pushed for a denial of the appeal.

“I worked very hard on this,” Richardson said. “What I think I’ve been trying to do all along is build housing for Mill Valley, and I think Mill Valley needs housing.”

The City Council validated some of the conditions of approval outlined by the Planning Commission. They included a plan to replace trees with evergreens rather than deciduous trees; to paint the building with a more saturated earth tone; and to negotiate a potential easement along Camino Alto to mitigate traffic problems on East Blithedale during construction. The conditions also include stipulations about bus stops, stop bars and speed bumps, as well as times for construction work and deliveries.

Perrey said his objections included the proposed mix of residences and safety concerns about traffic in front of the building.