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Planning Commissioner Criticizes City Staff, Cites 'Turf War' Over Vision for Mill Valley

Outgoing Chairman David Rand says in his annual report to the City Council that there have been "significant lapses in communication" and "different visions" between the commission and the city's planning department.

The normally ho-hum annual report to the Mill Valley City Council from the outgoing chair of the Planning Commission took a stark turn Monday night as David Rand called into question City Hall's view of the commission and said the two entities are engaged in a “turf war” on issues with “different visions” for Mill Valley.

In his verbal report before the council Monday night, Rand, whose three-year term on the commission began in March 2010, said that since he joined the board there has been a “basic philosophical disconnect [that] speaks volumes about the issues we have.” He said there have been “significant lapses in communication” between city staff and the commission. Rand's presentation was representative of his own opinions, and not clearned with any other commissioner. 

“The problem is best summed up by the introduction that I received on the day I was sworn in,” Rand said. “We were told then, quite bluntly, that staff leadership did not believe in the usefulness of the Planning Commission in Mill Valley and did not see a need for it.”

City Council members reacted with surprise and concern, but had minimal disucssion on the issue.

“You’ve thrown down a pretty serious gauntlet,” Vice Mayor Shawn Marshall said after Rand’s presentation. “I think we need to pay attention to it. I think a lot of this should be taken up offline.”

Mayor Andy Berman said the Council has asked for an investigation into the allegations.

"Our silence then or now should not be interpreted as validating the statements made or the manner in which they were shared," Berman said in an email. "Until that investigation is completed, I really can not comment further." 

In his presentation, Rand expressed the need to formalize a requirement for a study session for all new construction so that projects don’t go straight into the design review process with applicants creating expensive and detailed plans that contain basic problems.

“Understandably, owners of projects that are not approved on the basis of such fundamental issues are very upset at the wasted cost of preparing complete drawings before the underlying conceptual sketches are reviewed,” Rand said. 

When an applicant chooses to forgo a study session and goes straight to the design review, the problem is compounded by the fact that Planning Department staff frequently recommend approval of the project, according to Rand. The project applicants are often then "surprised by the commission's lack of enthusiasm," he said.

“I have requested that staff refrain from setting forth a recommendation that the commission approve design review,” Rand said. “It has been my experience that the visions that those on the commission have for the development of Mill Valley very frequently differ from those of staff on those subject matters that go into design review.” 

Rand cited "one very large project" that "is still pending," likely the controversial Blithedale Terrace proposal to build 20 residential units on land at the base of Kite Hill along East Blithedale Ave. near Camino Alto. That project has languished in recent months before the Planning Commission formally holds a hearing on the project's Environmental Impact Report (EIR) and its overall merits.

Planning Director Mike Moore said part of the Planning Department’s job is to schedule projects that it feels should be approved for the Planning Commission’s agenda.

“Our recommendation is only one component of the complete public hearing process,” Moore said. “Part of our responsibility as staff is to be able to make a recommendation. And that’s exactly what it is. It’s a recommendation.”

Moore said he was surprised by Rand’s presentation, and wasn’t previously aware of his concerns. 

“My department and I have to have a close working relationship with the Planning Commission and have good communication to make sure we’re on the same page on a lot of these issues,” Moore said. “If that communication is not the way it should be, obviously that’s important and something we need to get resolved.”

The City Council also briefly revisited Rand’s presentation toward the end of its meeting.

"I think we need to follow up on the planning commission presention," said Councilmember Garry Lion. "I don't know quite how to do that but I think people ought to put thier heads together and in a tactful way figure out how real and deep the problem is."

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mill valley streamkeepers January 25, 2013 at 03:37 pm
The Design Guidelines resulted from a revolt in Cascade Canyon on dangerous overdevelopment, which was based entirely on CEQA and engineering issues. The Planning Dept. under Moore has rejected the purpose of the guidelines and opts instead for "cosmetic" review. The public has a right to examine the fundamentals of a project, not merely the color of shingles. This has not happened either with respect to hillside development or floodplain development, a consequence of which is the certainty of more landslides and more flooding. FEMA has warned this city and has now placed a regulatory floodway in the new FEMA maps. The city's response to this was to eviscerate the stringent requirements of the Municipal Code, since the Planning Dept. was not enforcing them anyway and enact a new code of minimum standards. People in the floodplain, look carefully at your new FEMA insurance rates, which are based upon the requirements of local rules. We all need to ask, are we better off letting staff determine how our town not only looks, but how it accepts the dictates of Mother Nature. Joyce Britt Mill Valley
kbf January 25, 2013 at 09:04 pm
David Rand is to be commended for his report, calling a spade a spade. His report certainly conforms to my experience and observations, and those of many others throughout Mill Valley. I had hoped that with a new City Manager and Planning Director these kinds of attitudes and behaviors would be a thing of the past. It is most disturbing to see that it continues.
David please stick to your guns and don't let the City Hall types either marginalize or ignore you. You are speaking for many of your fellow Mill Valleyians. Thank you.
J. Peter R. January 25, 2013 at 10:22 pm
I am sure that the rumor that Mike Moore, (Director of Planning & Building) who is a strong proponent of of ABAG (that advocated as much development as possible) is resigning, is false. The fact that he is not a Mill Valley resident is not relevant, but the fact that he believes Mill Valley should create as much development as possible is out of synch with the wishes of Mill Valley residents and if he follows the dictates of ABAG and not the wishes of the people of Mill Valley, he should be asked to vacate his post.
Bob Silvestri January 26, 2013 at 01:12 am
Thank you, David Rand, for coming out and stating what community leaders have been voicing for years. The disrespect and lip service that Mike Moore and the Planning Department staff show the Planning Commissioners is nothing short of disgraceful. Legitimate questions are ignored. Erroneous interpretations of the Municipal Code are never clarified or corrected by staff during meetings. And the Planning Department seems to have never seen a project they don't "recommend."
Predictably, council member Shawn Marshall's immediate reaction is to sweep it under the rug and only discuss it behind closed doors, pretty much ensuring that nothing will change, instead of airing this out in a public and transparent process. For the council members to say that they were unaware or taken by surprise is unfortunately equally disingenuous since community advocates, including myself, have been writing them letters and speaking put about this at public meetings, for years. That said, it's time for us all to work together to right this situation, which has been one of the major causes of a great deal of animosity for a long time. I hope the City Council and the City Manager will take this very seriously and right the ship as quickly as possible.
kbf January 26, 2013 at 04:19 am
David Rand is to be commended for his report. His report certainly conforms to my experience and observations, and those of many others throughout Mill Valley. I had hoped that with a new City Manager and Planning Director these kinds of attitudes and behaviors would be a thing of the past. It is most disappointing to see that it continues.
David, please stick to your guns and don't let the City Hall types either marginalize or ignore you. You are speaking for many of your fellow Mill Valleyians. Thank you."
Rebecca Chapman January 26, 2013 at 03:41 pm
hats off to david rand for speaking out so eloquently on a subject so near and dear to many of our hearts, namely what our town looks like, who makes the rules, and the profound impacts this has on us all. it wasn't exactly the proper format, but the level of frustration has reached such 'epic' levels lately, that i think we're all screaming out in whatever ways we can. the city council, planning commission & staff have always been known for fixing things in favor of revinue, keeping the peace, etc., but things have really gotten out of hand, especially with business licenses being given to people who don't know what they're doing, and houses being designed by architects who don't have a clue, and then pushed through by the same. there's just too much conflict of interest, & it stinks! oh, and kudos to shawn marshall for voicing her strong opinion (later in that same meeting) about a sad neighbor vs. neighbor situation, that should have never happened. i agree that view rights is a tough subject, but c'mon! other cities seem to be able to do things reasonably, with some compromise, but not devastating effects on neighborhoods...
RD January 26, 2013 at 09:51 pm
Thank you indeed David Rand! Small town character is part of what makes Mill Valley Mill Valley. Over development (Richardson proposed project at busiest intersection in in town rising 80 feet is one example). I agree it is time to discuss and get on the same page - what is it that we want for MV? Small town character is what I hear.
Dave LaDuke January 27, 2013 at 06:41 pm
Kudos to David Rand for speaking out.
Part of the disconnect is that when staff recommends approval, what they mean is "based on our (possibly incomplete) review, this project meets minimum technical standards". Planning staff sees their function as purely technical, so making project approval recommendations is out of scope. Planning staff (including the prior administration) recommended approval of half a dozen versions of the La Goma project, including 20 units in two stories over first-floor parking, and a design that included bedrooms without windows in some units. Staff's repeated approval recommendations framed an uphill battle for community members who wanted the project scaled to a reasonable size. Perhaps what staff could do is, instead of recommending projects for approval, indicate the following: 1. This project meets minimum technical standards (then define the standards/guidelines applied) 2. This project requires the following variances (list each requested variance) 3. These variances can be allowed under the following circumstances and concessions (for each, justify why it should be granted) 4. We need Planning Commission's guidance on the following issues This still leaves a big gap when it comes to evaluating projects based upon community values. And that is where the Planning Commission, comprised of community members, and backed by clear values stated in the General Plan, needs strong sway.
Chris Deam January 28, 2013 at 02:32 pm
Mr. Rand should be applauded for daylighting this issue for the general public. The root cause of the problem is that the City Council changed the job description of the Planning Director to include "business development" when Mike Moore took that position. This is an obvious conflict of interest in a job that should be a neutral arbiter between neighbors, businesses and residents when evaluating projects and interpreting the code. Unfortunately Mr. Moore is aggressively pursuing a strategy to eliminate all "obstacles" to development despite the goals for the community as clearly stated in the General Plan, and has gone so far as to attempt to eliminate public comment and neighborhood input in the updated Planning Code (thankfully the Planning Commission has partially thwarted his efforts).
It is time for the citizens of Mill Valley to demand that the Planning Director act as a responsible arbiter of the code and remove "business development" from his roles and responsibilities.
Nick Lockwood January 28, 2013 at 07:36 pm
"Rand said the planning commission considered 21 applications for single-family home projects in the past year, and that the planning staff recommended that the commission approve all of them, giving the property owners the impression that they would sail through the planning process. The commission approved only eight."
The problem is with the commissioners, not the staff. Let the people build and improve their properties! More NIMBY comments on another development controversy...
Bob Silvestri January 28, 2013 at 08:37 pm
Perhaps you're confused, NIMBY is a term referring to low income housing not the kinds of projects David is referring to. The 21 applicants were either applying for new homes, replacement homes or, mostly, additions and alterations to their homes.
The Planning Commission is charged with enforcing the municipal code and interpreting the City's Design Guidelines. Both of those reviews are required for a project to be approved. And in that regard the present Planning Commission is the best we've had that I know of in my 20 years of attending meetings. This issue about the Planning Department "recommending" projects has been going on for more than ten years. And David Rand is correct is stating that it's become too difficult to continue to ignore. The Planning Department has increasingly ventured too far afield of the Municipal Code and the Design Guidelines. They have "recommended" Subway in violation of the General Plan. They have recommended the Richardson development and the past La Goma developments even with their code, fire and health safey issues. And recently they recommended a new home on Walnut even though it required variance requests, which the PD completely ignored in violation to the code. David is right. This needs to be fixed.
Nick Lockwood January 29, 2013 at 02:09 am
I wasn't aware that NIMBY only referred to low income housing. I guess that's my mistake? I thought Subway, The Kite Hill Project, lighted athletic fields, and a belief in community approval for every proposed design and development were all "NIMBY" situations. I realize NIMBY has a negative connotation and noone posting on here wants to be associated with the term. But as they say, the truth hurts. Mill Valley continues to degrade while we salvage our small town "character."
Rebecca Chapman January 29, 2013 at 06:08 pm
anyone naive enough to find the staff of the mill valley planning department innocent has clearly not dealt with them directly. i've been going to planning commission meetings for over 10 years (off & on) because of my desperate wish for modern architecture to take root in mill valley, & not the 'walls of glass' style that many folks think of, but projects that simply make sense, for the land & the people close by. i misspelled revenue in my previous comment, maybe because it's a word i care so little about. i agree with the view that sometimes public discourse can get us nowhere ('nnooo! i LOVE that leaf! and that's MY twig!'), but with residents in town with vast knowledge of city planning, architecture & environmental issues, engineering, & all the rest, we certainly shouldn't be silenced, and most definitely not by a staff member who goes way beyond the scope of his job description. it's ludicrous!!!
Thrasy Bulus January 29, 2013 at 06:40 pm
Anyone who believes Mill Valley has anything remotely resembling actual "small town character" is delusional in the extreme. In fact, the poorly-conceived and often contradictory mandates of the municipal code, the "design guidelines" and the myriad advisory commission recommendations are to blame for a civic environment where simple, logical, fair and sustainable solutions are impossible, off the table forever. Instead, our regulatory regime favors full employment mandates for hack architects and the various lawyers, consultants and other "real estate professionals." Budgets for simple projects balloon and become unworkable, leaving massive overbuilding as they only type of project that pencils out. Whatever small town character (real people doing real work with pride in the simple beauty of their neighborhoods and their lives, who care about their neighbors rather than seeing them as obstacles) is sacrificed in favor of estate-type development and all that comes along with it. In the context of Mill Valley "small town character" is nothing more than a slogan to sell real estate. And what have all the glorious professionals created for the town? Endless mindless repetition of generic and unimaginative upscale hackwork. The sum total of which over the past 30 years does not equal the completely unplanned beauty of an actual small town developing over time. The small-town character of Mill Valley died a death of a thousand cuts some time ago.
Ken Conroy January 30, 2013 at 02:18 am
Nick you are correct. NIMBY thrives in Marin and is certainly not confined to low income housing. Athletic fields are just one example. People who might otherwise support a project become fierce opponents simply because they do not want it built in close proximity to their home.
Rebecca Chapman January 31, 2013 at 02:06 pm
applause, applause & more applause for david rand being a real gentleman at the following planning commission meeting (one week later). to expose this controversy from within took immense courage, & of course, i was interested to see who might show up in the aftermath. obviously this conversation could go on ad nauseum, & in many ways already has, as so well stated above, but i just wanted to show my support again. houses that look like a kid drew up the plans, based on the most recent pottery barn &/or restoration hardware catalog cover don't seem worthy of an area whose populus does seem to have at least some natural vision. with all the airplane travel & stays in cool, modern & chic hotels, one would think we'd finally be ready for some sensible updates around town. and architects who get their projects pushed through with only minor revisions come across as a bit biased, that's all. i'm not a trained architect, just the daughter of a visionary one, & the things my dad used to laugh about so easily, i still find rather upsetting. oh, yeah. so THAT'S what all those bottles of scotch were for...
Rebecca Chapman February 1, 2013 at 07:49 pm
disagree. the provincialism that exists in this town prevails because of small-mindedness, big money & power being weilded irresponsibly, at so many levels. why such a lack of imagination in materials, layout, placement & all the other elements that go into a building? because people fear change & like what they're used to, sure. but, if you read the zoning ordinances, look through applicant's files, talk to architects, clients et al, & do some simple digging around, you really get an idea of how city employees often control the outcomes of projects, regardless of whether or not it's up to them to do so, and often because it seems like we're living in the midst of a very convoluted popularity contest around town. so-&-so gets his project accepted because he brings revenue to the town, while such-&-such get reamed, because no one can 'decide' what the real rules are? it's nonsense. and what does longevity have to do with it? design requires talent + skill, neither of which blossom of their own accord, especially in these uninspiring hills. i've lived here for 40 years. does that make me smart, good &/or more well-deserving? judging by the fact that i've been living without a home for over 2 years, with most of the townspeople blithely looking on, clearly not. the one question i used to always nag my father with ('daddy, why does everybody want to live in the dark?') continues to go unanswered. which is sad, because the obvious answer is 'not everybody, silly girl.'
Lesa Carmean February 3, 2013 at 09:39 pm
MV has all the disadvantages of a small town and none of the advantages! Whomever could have guided its way gave up preserving the live-ability and special quality it enjoyed by the mid 1990s. Considering its possibilities, the town has become a disgrace in its disregard for the unique natural environment it is situated in. Little if any protection - or consideration - is given the flora, fauna, creeks, estuaries, and especially the redwood forest - or even the residents! I've lived here 20 years continuously and in the '60s and '70s and am sad, disappointed and angry what MV has become - an over populated, noisy, construction pocked, trashy unattractive town now consumed with over building. A bastion for yuppies taking advantage of the good will of the residents who through triple taxation provide free private quality schooling for their spoiled kids. A world of over sized housing, excessive automobiles, daylighting and topping of redwoods and indiscriminate paving with endless remodeling, road work, "improvements," traffic and other noise. The quality of life here in the canyons is a hell hole nightmare. I've lived in progressive, well managed places such as Eugene, OR, La Jolla, CA, and Santa Barbara, CA and in comparison MV appears to have no one looking out for it or the interests of the long term residents. It's been sold out. Why plan for 2030 when there was no plan whatsoever when it would have made a difference?

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Andrea June 14, 2013 at 01:24 pm
Rico - I called the MV planning department first if was "they" who told me to call theRead More County. It was kind of a "pass the buck" can't believe that the MV planning/building department doesn't know who owns that driveway
C Chang June 14, 2013 at 09:37 pm
Thank you Andrea and Rico for you concern and comments. Think it's time to take it to Whole FoodsRead More (major tenant) and get them behind effort to correct this roadway which brings them patrons.
Andrea June 19, 2013 at 10:36 am
Great idean C Chang - even though they don't own the driveway - to your point "it brings themRead More patrons" - I will see if i can get a contact at WF to step up - unless you and/or Rico have one
Carrie Brandes June 11, 2013 at 10:55 am
Hi Rachelle, I am in need of a child's ticket! Love to purchase from you. thanks!
Rachelle Sarosi June 12, 2013 at 07:00 am
Hi Carrie! Great they are suppose to be arriving today by mail so once I have it in my hand we canRead More meet up. I live close to downtown
Rachelle Sarosi June 14, 2013 at 07:17 am
Hi Carrie Ihave received my wristband would you like to meet up this weekend?
Yet another Anon June 15, 2013 at 10:00 pm
Where is this new burger joint going to be located?
Cate Lecuyer (Editor) June 17, 2013 at 05:05 pm
It's in the former Cafe Oggi location next to the East Blithedale Whole Foods.
Cosmo June 9, 2013 at 11:16 pm
They have regular pick up games @ the court on Caledonia. Below theSausalito library.
Drew Himmelstein (Editor) June 11, 2013 at 02:46 pm
Thanks for the info, Cosmo!