- Jake and Georgia Beyer
- Apr 2
- 9 min read
Updated: 1 day ago
Dear Governor Newsom, Deputy Attorney General Pai, Senator Scott Wiener, Senator Mike McGuire, Joan Cox, and the California Department of Housing and Community Development,
I am once again writing to urge the State of California to investigate the City of Sausalito for its ongoing and unlawful obstruction of housing development. My family’s experience is one of many that reflect a pattern of procedural gamesmanship, legal misinterpretation, and targeted delays—all in violation of state housing law.
We own a small multi-family lot in Sausalito and have applied to build a 2,196-square-foot primary residence with an 800-square-foot Accessory Dwelling Unit (ADU). After more than four years, we are still waiting for building permits. The most pressing issue is the City’s unlawful requirement that we construct the ADU in two separate phases (see email from Principal Planner here). City Attorney Sergio Rudin has falsely claimed this email is “out of context,” but the full thread with Teiche, Phipps, and Rudin—provided here—shows clearly that the only context was how to legally construct an 800-square-foot ADU, making Rudin’s claim patently false. The first phase of the ADU, a 428-square-foot portion, was only approved after unnecessary reductions (we are still waiting for the ADU building permit). We will soon be applying for the second phase, roughly ~372 square feet, to complete the full 800 square feet ADU allowed under state law. As required by California law, the City has 60 days to approve or deny this ministerial ADU application—but they have not followed these guidelines for the first phase of our project.
Why should you care about 372 square feet of an ADU? Because this project is not an isolated incident. The same people within the City of Sausalito that are obstructing the development of my family's remaining 372 square feet of a proposed 800 square foot ADU are also obstructing what could be the first new multi-family housing development in over 50 years in Sausalito! This is the proposed WATERSTREET project at 605–613 Bridgeway. Sausalito is mandated to add 724 new homes by 2031, but at the current rate it will be fortunate to reach even 10 percent of that target.
Behind these failures are key individuals who continue to enable the City’s bad-faith approach: City Attorney Sergio Rudin, Community Development Director Brendan Phipps, Principal Planner Kristin Teiche, and City Councilmember Joan Cox. These officials have consistently misused outdated local ordinances to block or delay housing, despite clear state mandates that preempt local control in many of these areas.
Background on Our Case
Our family of six, including our children aged 7, 5, 2, and a newborn, has endured years of unnecessary and unlawful delays. Despite designing our ADU in full compliance with state law, the City forced us to reduce its size by 372 square feet without legal justification. In March 2024, the City Council finally approved plans for the 2,192-square-foot primary residence with only a 428-square-foot ADU. After that partial approval of the ADU, we began seeking ministerial approval for the remaining 372 square feet to complete the ADU as originally intended.
Since May 16, 2024, we have made at least seven documented attempts to initiate Step 1 of the ADU process: a required meeting with Planning and Building staff. Each time, the City has ignored our outreach. (Below are the corresponding email threads and communications with hyperlinks for verification.)
Date | Action | Response | References |
May 16, 2024 | I emailed Principal Planner Kristin Teiche to begin Step 1 of the ADU application process. | Principal Planner Kristin Teiche did not respond. | |
May 20, 2024 | I followed up by email to Teiche, copying the City Attorney Sergio Rudin. | Neither Teiche nor Rudin responded. | |
August 22, 2024 | I sent an email Community Development Director Brendan Phipps, Teiche, and Rudin who replied, “I will connect with Sergio and discuss your request” | Phipps, Teiche nor Rudin responded. | |
September 8, 2024 | I sent another follow-up email to Community Development Director Brendan Phipps. | Again, Phipps never responds. | |
September 11, 2024 | I followed up to Phipps, Teiche, and Sergio with a request for a 45-minute Zoom call to complete Step 1 of the ADU application. | Phipps, Teiche nor Rudin responded. | |
September 20, 2024 | I informed the Sausalito Mayor about the City’s ADU violations and lack of communication. | The Mayor copied the City Attorney Serio Rudin but Rudin took no further action. | |
September 24, 2024 | I made another request to meet with City Attorney Sergio Rudin. | Rudin ignored my email. | |
October 7,2024 | I emailed Governor Newsom, Deputy Attorney General Pai, Senator Scott Wiener, Senator Mike McGuire, and the California Department of Housing and Community Development. | Rudin finally responds to my email but continues to make false claims about our project i.e “their project eliminates all on-site parking”. This claim is simply false. |
If you look at our project at 426 Pine St and the projects of the other brave applicants there is a clear pattern of complete disregard for state law, applicants, and tax payers dollars. One applicant even wrote a book called, “I Am Applicant: One Family's Seven-Year Odyssey in Building A New Home In Sausalito, California” Joan Cox and Sergio Rudin made this process excruciating for this family. And, the delays that Joan Cox created in her capacity of a city council member benefited her personally because City Attorney Sergio Rudin worked at the same law firm she was and still is employed by, Burke, Williams, Sorenson LLP.
We are not alone. The City’s pattern of delay, obstruction, and bad-faith application of municipal code has harmed families and applicants like ours and undermined state housing goals. It is time for oversight and accountability.
Addressing the City’s Unlawful Claims
Misapplication of Parking Requirements
City officials, particularly City Attorney Sergio Rudin and Principal Planner Kristin Teiche, continue to misapply parking standards and make erroneous claims about our proposed ADU to block its development. In reality, our initial ADU proposal actually increased public parking on Pine Street, and our initially proposed plan abided by all planning and building code ( Sausalito Municipal Code 10.40.100 allows parking offsets via frontage improvements, which we proposed and documented). Despite our design-build firm’s repeated follow-ups, the City refused to engage, then unlawfully required neighbor approval for changes to public property—a standard with no basis in law. To highlight this pattern of obstruction I have provided the a communication log below.
Date | Action | Response | References |
September 25, 2023 | Our design-build firm emailed Principal Planner Kristin Teiche and DPW, attaching a diagram of the proposed parking reconfiguration in conjunction with our 800 square foot ADU that would actually provide a net increase of parking on Pine St. | Teiche never follows up. | |
September 26, 2023 | I followed up, requesting a decision by the following day. | DPW staff responded stating, “We are going up the ladder on this one” and he will “report back by the end of the day” but the Beyer’s never hear back from anyone at DPW ever again. | |
September 27, 2023 | Our design build firm followed up and offered to hop on a Zoom call to clarify any questions. | The DPW or CDD did not respond. | |
September 28, 2023 | Our design build firm followed up again to the DPW and CDD for an update. | The DPW or CDD did not respond. | |
October 4, 2023 | Our design build firm followed up again for an update on the off-street parking plan. DPW did not respond. | DPW did not respond. | |
October 4, 2023 | Principal Planner Teiche provided an incorrect interpretation of SMC 10.40.100 B.4 and unlawfully required neighbor approval for re-curbing public property to offset parking. | Per the demand of Teiche I reached out to our neighbor to request approval to re-curb public property on Pine St. | |
October 10, 2023 | Despite this unlawful demand, I contacted their neighbor offering to pay for re-curbing the public property. | The neighbor responded, stating the decision was the City’s responsibility, not theirs. | |
October 12, 2023 | We informed Principal Planner Teiche and DPW that their neighbor approved the ADU parking plan and asked to move forward with the proposal. | Neither Teiche nor DPW responded. |
Our original parking plan provided two off-street parking spaces and increased public parking on Pine Street. Sausalito Municipal Code 10.40.100 allows offsetting any loss of on-street parking through frontage improvements, subject to approval by the Community Development Director and City Engineer. The City’s demand for neighbor approval to recurb an old unused driveway has no legal basis, as decisions regarding public property rest solely with municipal authorities. Community Development Director Brandon Phipps and City Attorney Sergio Rudin had all authority and objective facts to approve the 800 square foot ADU but instead continued to obstruct our project with this procedural gamesmanship that wasted taxpayer dollars and forced us to remove 372 square feet of our ADU.
Even if Sausalito Municipal Code 10.40.100 did apply to our project, the new California Senate Bill 1211 (SB 1211) effective January 1, 2025, now permits property owners to replace uncovered parking spaces with accessory dwelling units (ADUs) without the obligation to provide replacement parking. We are simply replacing an uncovered parking space with an ADU and continuing to provide one legal off-street parking space.
2. Misapplication of Setback Requirements
The City’s interpretation of Municipal Code Section 10.40.070(D)(1) to include the ADU in the “total building length” calculation violates California state law.
Under state law, an ADU is explicitly defined as an “accessory structure” to the primary dwelling and cannot be considered part of the “total building length.”
This interpretation conflicts with both the California Department of Housing and Community Development (HCD) guidelines and the legislative intent behind California ADU laws, which aim to streamline and encourage housing development.
Demand for Immediate Action
Our family has endured over four years of delay, incurring more than hundreds of thousands of dollars in damages due to the City’s unlawful actions. We demand the following:
Approval of both ADU applications totaling 800 square feet. Phase 1 (428 sq ft) has already exceeded the 60-day deadline. Phase 2 (372 sq ft) will be submitted imminently.
Reimbursement of all legal, design, and engineering fees incurred since July 2023.
Reimbursement for the restraining order filed our family was harassed by a neighbor at the encouragement of Councilmember Joan Cox. (See here)
Compensation for approximately ~$200,000 in unnecessary structural engineering and material costs caused by the City Council's arbitrary requirement to recess our third floor by 10 inches in order to provide more ‘light and air’, despite the fact we presented two shadow studies that objectively indicated this neighbor’s investment property in fact casts shadow our on our lot, not the other way around.
Reimbursement of fees for the second ADU application the City unlawfully required.
Immediate City action to recover taxpayer dollars spent on obstructionist legal work by Burke, Williams & Sorenson.
A formal investigation into Councilmember Joan Cox for conflict of interest and self-dealing, given her ties to the same law firm as City Attorney Rudin.
Conclusion
Our proposed ADU complies with all applicable state laws and development standards. The City of Sausalito has no lawful basis to deny or delay the remaining 372 square feet of our permitted 800-square-foot unit. This is not a discretionary matter—it is a ministerial approval that should have been granted long ago.
We have been in contact with several representatives at the California Department of Housing and Community Development (HCD), including Jamie Candelaria, Shannon West, Melinda Coy, Grace Wu, Brian Heaton, and David Ting. Despite repeated outreach and documentation of the City’s violations, HCD has failed to act. From my perspective, the Department’s inaction reflects a disturbing level of bureaucratic dysfunction and raises serious questions about its effectiveness as an enforcement body.
A recent San Francisco Chronicle article highlights how HCD has not only tolerated but, in some cases, enabled cities like Sausalito to continue unlawful practices that clearly violate state housing law. HCD's failure to intervene meaningfully has made it harder for families like mine—and for every renter, homeowner, or builder in this city—to comply with the law and build needed housing.
This is why I believe the Office of the Attorney General must step in. While my family seeks approval for just 372 additional square feet of legally permitted ADU, City officials have wasted thousands in public funds to delay our application and others like it. Sausalito is currently obstructing a proposed multi-family development at 605–613 Bridgeway, which would be the first such project approved in over 50 years. But unless the State of California takes action and holds individuals like Joan Cox, Sergio Rudin, Brendan Phipps, and Kristin Teiche personally accountable for their actions, no progress will be made. Projects will continue to stall, and the City will remain in violation of its housing obligations.
The City of Sausalito is to spending over $33 million on a new K-8 school—but what is the point of this new school if families cannot afford to live here, or even if they can afford it are blocked from building homes big enough to accommodate a family with kids?
If the State fails to act promptly, we will have no choice but to pursue legal remedies, including filing a claim in California Superior Court.
Sincerely,
Jake Beyer