Larkspur planning board approves controversial townhome project

The Larkspur Planning Commission has begrudgingly approved a townhome and retail project, saying the city has been handcuffed by state housing laws.

The project to build 20 for-sale townhouses, retain two businesses and add another pair of retail spaces at the corner of Magnolia and Estelle avenues was submitted under the Housing Accountability Act and Senate Bill 330. Combined, the laws provide a developer benefits such as unlimited waivers and a streamlined approval process, and city officials are precluded from using subjective design standards to deny the project.

“It seems like the ability for us to do anything about a lot of this is very limited,” Jeffrey Swisher, a member of the commission, said at its meeting on Feb. 28.

“But that’s not going to stop me as a citizen of Larkspur and a planning commissioner of saying that this building is too tall,” he said. “This building is not attractive. This building needs a significant redesign to fit into the landscape of Larkspur … to make it more acceptable to the city and to the members of the community.”

The sentiment was shared by other board members and a large group of residents who clamored in opposition. The hearing, conducted by teleconference, drew more than 150 people.

“If this monolithic condo is built as proposed, undoubtedly it would become known as the monster on Magnolia,” resident James Holmes said.

“This development is an absolute Houdini, gymnastics of legal gamification of state laws,” resident Christopher Gaylord said. “And this is an opportunity, I think, for this commission to dig their heels in and make a stand here.”

Edge Development Group LLC, a firm in Danville, wants to redevelop a 1.63-acre area across two lots at 1131 to 1141 Magnolia Ave. The property is tucked against the hillside on the north end of Magnolia Avenue, one of the city’s busier corridors.

The Rustic Bakery and Gravity Salon on the southeastern half-acre lot will remain. The second lot features two commercial buildings, including the former site of the Corbet’s Ace Hardware store that has been vacant for years. The developer plans to raze the structures on the second lot to make way for the residences in five buildings of three or four stories.

Tony Craig, a representative for the applicant, told the commission that the project team had made a few revisions, including moving the fourth-floor mezzanine back so it couldn’t be seen from the sidewalk.

The developers are also agreeable to making the property all-electric and landscaped with native plants, he said.

The commission decided to tack those changes on as conditions of approval.

Other conditions included reducing the 54-foot building height by 3 feet, which Craig said could likely be done.

The commission also sought a condition of a sloped parapet to also minimize the perception of height.

“I think it’s likely that this project still gets appealed to City Council,” said Liam Campbell, a planning commissioner. “I think I’d prefer to have it appealed to City Council with these additional conditions and with the changes that we’ve discussed tonight.”

Appeals can be submitted within 10 business days of a decision.

Sixteen market-rate townhomes would have three or four bedrooms and two-car garages. Four below-market homes would have one-car garages. The complex would have 50 parking spots, including 36 garage spaces, two uncovered guest spots and 12 retail spaces.

The below-market residences — two for low-income households and two for moderate-income households — qualify the project for the provisions of SB 330, said Sean Kennings, the city’s contract planner.

The project qualifies for concessions and waivers under the state density bonus law. The applicant is requesting development standards waivers to height, setbacks and parking requirements, Kennings said.

Under SB 330, the city can only hold five public hearings on the project. The Planning Commission hearing was the first.

Story poles outlining the structures went up last month, raising a few eyebrows. Nate Ahearn took a picture from his home showing the poles towering over his backyard.

“This is a real invasion of my privacy and my kids’ privacy,” Ahearn said.

In addition to the bulk and mass, residents were concerned about parking and traffic and bicycle and pedestrian safety. Residents also said the plan doesn’t provide enough affordable housing.

Members of the Bay Area Council and YIMBY Action wrote letters of support, but they were among the minority.

After the meeting, Ciyavash Moazzami, the project manager, said the company has not decided whether to appeal and that it is evaluating options. An appeal, if successful, could allow the team to develop the project as it was proposed, without the conditions added by the commission.

“Either way, we have an approval and our plans are moving forward,” Moazzami said. “We made some modifications and presented them that evening. We tried to accommodate the city and neighbors. We’re happy with what we did.”