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Mill Valley City Council Rejects Neighbor Association's Appeal of Tree Removal at 590 East Blithedale Ave.

5/6/2020

3 Comments

 
PictureScenes from Apizza's only current location in San Francisco, at top and left, and its proposed location at 590 East Blithedale, at bottom right.
The Mill Valley City Council this week unanimously rejected an appeal by the Freeman Park Neighborhood Association to reverse the Planning Commission's approval of Apizza's request to remove a few trees at the former Gira Polli space at 590 East Blithedale and Camino Alto. 

The five trees were determined by an arborist to be non-heritage trees, according to Lisa Newman, a senior planner with the city. The commission backed the request to remove five 50-foot trees and replace them with red maples – up to 11 trees, each with a 48-inch box.

Bay Area food industry vets Pascal Rigo and Nicolas Bernadi have been hoping to change that, leasing the building with the hopes of making it one of the locations for La Boulangerie, the post-Starbucks, slightly renamed rebirth of their popular La Boulange cafes and eateries. They shifted gears earlier this year and decided to make the space home to Apizza, their simple, affordable pizza shop that already has a successful location on Fillmore Street in San Francisco.

Architect Christopher Raker, representing Apizza, told the Council that the removal of the trees, a costly endeavor, was vitally important to the project and its economic viability because "we don't have the budget to do a new building but what we do have is a chance is to open the site up and draw people in. "The landscape plan is the most important element of this whole project."

"We need to do everything we can to give this a project a chance for economic success," he added.

Susan Kirsch, representing the neighborhood association, which submitted the majority of the more then 40 public comments on the matter, said the removal of the trees and replacement with younger trees would "permanently and irrevocably" change the intersection.

"We call on you to not be the council who will have a legacy of cutting down the trees to an urbanized intersection," she added. "In light of the uncertainty of a global pandemic, we urge you to keep stability and serenity for the people of Mill Valley." 

Councilmembers each indicated that it was a difficult decision but that their decision came down to the property rights of the applicant. "I am deeply concerned about empty storefronts in Mill Valley and particularly restaurants," Vice Mayor John McCauley said. "This is private property. These aren't heritage trees. This is a commercial location. The owner is taking significant risk – it would have been easier for them to leave the trees."

McCauley leaned on the Good Neighbor policy within the City's MV2020 General Plan when it comes to addressing potential conflicts between businesses and residents in or adjacent to commercial areas "by acknowledging that residents who enjoy the value and convenience of living in or near commercial areas may also experience noise, odors, parking constraints, and other issues not typically found in traditional residential areas; and by recognizing that the resolution of any conflict with adjacent residents should take into account reasonable concerns and consider the importance of maintaining a vibrant commercial area."

“The issue is that the question has been misframed,” added Councilmember Urban Carmel said. “I get the sense that people have the impression that it’s a ‘save the trees’ or ‘not save the trees’ kind of issue. And that’s not the issue. The issue is whether the property owner has the right to take down those trees and they do.”

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3 Comments
Elizabeth Palter
5/7/2020 04:15:15 pm

I think it is a big mistake to cut down those trees. And I urge the Mayor and Council to re-think the notion of private property. Using that notion, anything can happen. But smart urban places don't let anything happen, they have criteria for the size of trees that are not to be cut down even if they are located on private property. Since this is a well-viewed and busy intersection, the City will benefit from the cleansing of the air from these trees and from their shade and beauty. The owner should have thought through the implications in changing his original plans. I have studied urban planning as have many others in Mill Valley. Another appeal is in order.

Reply
Lesa Carmean
5/8/2020 11:55:43 pm

You could talk 'til you're blue in the face to these people in power at MV City Hall. But they'll only listen for three minutes. Then they'll ignore you and do only what's in the interest of business, development and their own well being. Almost none of them live in MV. They don't give a darn about the citizenry unless you walk in and pay for what you want. Cases in point, Xmas lighting and the library "garden." Oh, and rezoning nearly the whole town.

Reply
Susan Kirsch link
5/9/2020 10:14:59 am

The City Council vote on tree removal marks the end of Mill Valley as a progressive, pro-environment community. Urban Carmel is right. The issue has been misframed.

The MV Tree Policy protects more than three trees, regardless of heritage status. The policy prohibits more than three trees to be cut in any twelve- month period. A pro-environment City Council would have joined with the Neighborhood Association to make a case for saving two trees.

They might have said, “Yes, you have property rights to cut down the dead tree and two others, but our community has rights, too, expressed in the first goal of the General Plan: Protect and enhance the natural beauty and small-town character of Mill Valley. We have enforcement in the city's Municipal Code. Letters in support of the appeal ran 5:1 in favor of keeping the trees.

"Remove three trees, but you’ll have to wait a year before you cut down the other two. Consider the community reaction when they see two, healthy 50-foot trees come down to accommodate the landscape/marketing plan for a new pizza place envisioned by San Francisco food industry vets who abandoned LaBoulangerie in favor of a downscaled affordable pizza chain."

City Council members might have continued. "We’re not going to tell you what to do, but you might consider incorporating two healthy trees into your landscape plan. Mill Valley already has seven pizza places with loyal customers. Do yourself and the community a favor. Take less financial risk during these uncertain times."

Residents lost a chance for a win/win outcome, lost the chance to use city policy to balance property rights and community rights. We stand to lose four, healthy fifty-foot trees—the symbol of small-town character—for an urbanized intersection. Irrevocably.

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