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DECEMBER 16, 2014, 6:30 P.M.

The Planning Commission will follow the following procedure for all items listed as public hearing items:
  1. The Chairman will ask for presentation of the staff report;
  2. The Commission will have the opportunity to question staff in order to clarify any specific points;
  3. The applicant and the project representative will be allowed to make a presentation, not to exceed 10 minutes for large projects, or 5 minutes for small projects, total for the applicant’s design team;
  4. The public hearing will be opened;
  5. Members of the audience in favor of the proposal will be allowed to speak, for a maximum of 3 minutes per speaker;
  6. Members of the audience against the proposal will be allowed to speak, for a maximum of 3 minutes per speaker;
  7. The applicant will be given an opportunity to respond to comments made by the audience, for a maximum of 5 minutes total for the applicant’s design team;
  8. The public hearing will be closed; and
  9. Discussion of the proposal will return to the Commission with formal action taken to approve, conditionally approve, deny, or continue review of the application.



This is an opportunity for any citizen to briefly address the Planning Commission on any matter that does not appear on this agenda.  Upon being recognized by the Chair, please state your name, address, and limit your oral statement to no more than three minutes.  Matters that appear to warrant a more lengthy presentation or Commission consideration will be agendized for further discussion at a later meeting.

C.       REPORTS
The Reports agenda item consists of any oral reports from standing Planning Commission committees (Design Review Sub-Committee), an individual member of the Planning Commission, and staff updates.

The Consent Calendar consists of items that the Planning Commission considers to be non-controversial.  Unless any item is specifically removed by any member of the Planning Commission, staff, or audience, the Consent Calendar will be adopted by one motion.  Items removed will be considered in the sequence as they appear below.  If any member of the audience wishes to have an item removed, please step to the microphone, state your name, and indicate the item.

     Draft minutes of the November 12, 2014, joint meeting of the City Council and Planning Commission (no recusals)

2.     Draft minutes of the November 18, 2014, regular meeting of the Planning Commission (no recusals)

3.     Consideration of Proposed Amendment to the Belvedere Municipal Code, including amendment to Title 19, Zoning. The purpose of said amendment of City of Belvedere Zoning Ordinance (Title 19 of the Municipal Code) is to implement programs of the adopted General Plan 2030 Housing Element and to comply with the California Department of Housing and Community Development State Laws and permit Transitional and Supportive Housing as conditionally permitted use in the C-1 Zoning District. (no recusals)

4.     Design Review (Retroactive Design Review) for a garage roof modification at 425 Belvedere Avenue. The green living roof system no top of the garage failed and the applicant is requesting approval to replace the green living roof with cobblestone pavers. Included in the proposal are a number of planter boxes for the planting of vegetation to help soften the roof of the garage. Applicant: Nevil Neil. Property Owners: Pampalone Trust. (Commissioner Lynch recused). 17 MB


5.     Design Review, Exception to Total Floor Area, and three Variance applications to construct a 52 square-foot entryway addition, create a 114 square-foot roof deck, and construct various site improvements at 285 Bayview Avenue. Project includes construction of an entryway addition on the rear portion of the residence; creation of a 114 square-foot roof deck on an existing roof on the front portion of the residence; construction of a new concrete patio at the southeastern corner of the property; construction of new walls and stairs in the rear yard and creation of a 315 square-foot terrace; and installation of a new fireplace on the existing second-story roof deck.  Variance approval is required for construction of the roof deck (front yard setback encroachment), construction of a wall in the rear yard setback, and construction of a wall in the side yard setback. Property Owner: Joy Reisner; Applicant: John Swain. (no recusals). 24 MB

6.     Appeal of a Design Review Exception approval for a five (5’) foot fence along the property frontage at 1 Windward Road.  Applicant: Henry Wix, Wix Architecture. Property Owners: Matthew and Heather Miller. Appellant: Isolde Wilson. (Commissioner Wilson recused)

7.     A public hearing regarding an update to the Belvedere Housing Element, which was last updated in 2010. The Housing Element is a policy document required by state law that addresses housing issues related to all territory within the City of Belvedere and is part of the City of Belvedere General Plan.  The Housing Element provides extensive information on housing conditions and trends, future housing needs and opportunities, and sets forth goals, policies and programs for implementation.  State law requires that Housing Elements be updated periodically.  The role of the Planning Commission is to make a recommendation to the Belvedere City Council regarding the Housing Element Update. (no recusals)

     [ITEM 8 WILL BE CONTINUED TO THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 20, 2015Consideration of an Initial Study/Negative Declaration and proposed Amendments to the 2030 City of Belvedere General Plan and the Belvedere Municipal Code (BMC), including amendments to Title 19, Zoning.  The purpose of said amendments is to accommodate increased building heights in areas affected by the Federal Emergency Management Agency’s (FEMA) flood zone regulations.  The proposed amendments would allow the height of a structure to be measured from Base Flood Elevation (BFE) in the R-1L, R-2, R-3C and R-3 Zones, rather than from Existing Grade; and would provide an absolute maximum height limit of 28 feet in the R-1L Zone.(Belvedere Lagoon Area). Amendments to BMC Chapters 19.08, 19.24, 19.28, 19.32 and 19.36 are proposed to accomplish these changes.  The proposed General Plan Amendment would amend text contained in the 2030 City of Belvedere General Plan Land Use Element (Chapter 1) that addresses building heights in the Belvedere Lagoon Area as they relate to FEMA requirements. (no recusals)


APPEALS: The Belvedere Municipal Code provides that the applicant or any interested person may appeal the action of the Planning Commission on any application. The appeal must be in writing and submitted with a fee of $400.00 not later than seven (7) calendar days following the date of the Planning Commission action. Appeals received by City staff via mail after the seventh day will not be accepted. Please note that if you challenge in court any of the matters described above, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Planning Commission at, or prior to, the above- referenced public hearing [Government Code Section 65009(b)(2)].


Staff reports and other writings distributed to the Planning Commission are available for public inspection at the following locations:

  • Online at
  • Belvedere City Hall, 450 San Rafael Avenue, Belvedere  (Writings distributed to the Planning Commission after the posting date of this agenda are available for public inspection at this location only.)
  • Belvedere-Tiburon Library, 1501 Tiburon Boulevard, Tiburon.
  • To request automatic mailing of agenda materials, please contact the City Clerk at (415) 435-8908.


The following accommodations will be provided, upon request, to persons with a disability:  agendas and/or agenda packet materials in alternate formats and special assistance needed to attend or participate in this meeting. Please make your request at the Office of the Planning Department or by calling (415) 435-3838.  Whenever possible, please make your request four working days in advance of the meeting.

Items will not necessarily be heard in the above order, nor, because of possible changes or extenuating conditions, be heard.  For additional information, please contact City Hall,
450 San Rafael Avenue, Belvedere, CA 94920  (415) 435-3838

Contact City Hall
450 San Rafael Ave.
Belvedere, CA 94920-2336
Ph: 1-415-435-3838