Corte Madera council upholds neighborhood appeal, overturns planning commission approval for second driveway at 800 Corte Madera Avenue

The Corte Madera Town Council on Aug. 5 voted 3–2 to uphold an appeal and overturn the Planning Commission’s April decision approving a new second driveway and height-variance for retaining walls at 800 Corte Madera Avenue.

The dispute centered on a proposal to build a roughly 445-foot driveway (about 120 feet within public right of way and 325 feet on private property), with associated retaining walls as tall as about 11–13 feet at some locations, the removal of 47 trees in the immediate project area and replacement planting of 32 trees. Council members cited concerns about the scale of grading and visual and neighborhood impacts when declining to approve the Planning Commission’s prior permit.

Principal planner Martha Battaglia presented staff findings and the history of review, saying the project was originally approved by the Planning Commission by a 4–1 vote after multiple neighborhood meetings. Battaglia told the council the driveway “would enhance [the fire department’s] ability to access the property during emergencies and would enable the property owners to evacuate more quickly in event of an emergency.” She also described the project as an approximately 11.4-acre lot in the R-1C Hillside Land Capacity District with steep topography (average slope ~52%) and said the proposal would require a major design review and a variance because some retaining walls exceed the municipal 3-foot limit in required yards.

The project team and the Central Marin Fire Department said the driveway would improve emergency access. Fire Chief Reuben Martin told the council he reviewed the design with the applicants and said the department supported modifications that improved turn radii, added a Knox box and widened key sections so emergency vehicles could access the site more quickly. “This provides a secondary egress for the family or the occupants of that property coming off the backside onto Sausalito,” Martin said.

Neighbors and appellants told a different story. Karen Lawrence, speaking for a group of Hidden Valley residents who filed the appeal, said the driveway would “convert public land into a private driveway,” would remove dozens of mature trees and would permanently alter the character of the Alta Woods area. The appellants also argued the project did not meet Corte Madera’s variance criteria, including the requirement that a variance not grant special privileges or be detrimental to public welfare.

The appellants raised environmental and process objections. They disputed staff’s CEQA exemption finding and cited letters from the Marin Audubon Society that prompted the town to retain WRA Consultants for a northern spotted owl assessment. WRA’s senior biologist concluded the site offers only marginal northern spotted owl habitat and recommended seasonal limits and preconstruction surveys during nesting season; staff incorporated timing and other mitigation conditions into the draft resolution. The project also includes engineered drainage work designed to achieve no net increase in stormwater runoff and low-impact development measures where the proposal adds more than 5,000 square feet of impervious surface.

The applicant’s representative, Sean Kenings of LAK Associates, said the design team minimized impacts by selecting an alignment that affects fewer high-value redwoods, and that many of the trees flagged for removal were in poor health. The applicant offered a revised layout in late July that pulls the gate fully onto private property and reduces some wall heights within the right of way.

After extensive public comment and council questions of staff, the council divided along differing weightings of public-safety and conservation policies. The motion to approve the appeal and overturn the Planning Commission passed 3–2 with the following recorded votes: Council member Andrews — yes; Council member Beckman — yes; Council member Casiza — no; Vice Mayor Thomas — no; Mayor Ravasio — yes.

What the vote does: approving the appeal overturns the Planning Commission’s conditional approval of the design review and variance application for the second driveway. The applicant and staff may return with a revised application or pursue other options allowed by town rules.

Council members and staff said several project details — including tree replacement, vine screening of retaining walls, timing of tree work to avoid nesting season and a requirement that the right-of-way be restored to at least its existing condition — were important topics during review and will continue to be conditions to any future approvals. The council’s decision did not specify fines or bonds but discussion during the hearing suggested neighbors want stronger guarantees (performance bonds or dedicated restoration plans) if the project were revived.

The action capped more than two hours of public testimony. More than 60 residents signed a petition opposing the project; dozens spoke at the hearing about views, stormwater, road stability, traffic during construction and loss of canopy and wildlife habitat.

The council’s action is final for tonight; applicants have options under local regulations to revise proposals or seek other relief. Staff said they would add the appeal materials and supplemental reports, including the WRA spotted owl assessment, to the administrative record for the matter.