Reznitskiy

Reznitskiy v. County of Marin

Good Law
Court of Appeal of CaliforniaJune 15, 2022A161813California9,009 words

Opinion

Opinion

I.

FACTUAL AND PROCEDURAL

BACKGROUND

In 2016, plaintiffs applied to build a single-family home and accessory dwelling unit (ADU) totaling 5,145 square feet on a 1.76-acre lot they own in San Anselmo. The lot is “heavily wooded” and slopes “steeply” upward from a creek. It has no vehicular access, and the project included a driveway that

2 bridged the creek, a “concrete parking deck with an emergency access/ turnaround area,” and a temporary access road to enable construction of the house and driveway. Plaintiffs also sought a tree-removal permit because the project proposed removing “[a]pproximately 19 trees . . . classified as either ‘protected’ or ‘heritage’ per the Marin County Development Code.” After receiving preliminary comments from the planning division of the County’s Community Development Agency (Agency), plaintiffs revised the project to remove the ADU and reduce the house’s floor plan to 3,872 square feet. In February 2019, the planning division issued an administrative decision approving the project and granting the tree-removal permit. The decision found that as redesigned, the project was compatible with the surrounding neighborhood and consistent with the…

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