BACKGROUND:

The applicant is requesting Design Review approval for the construction of a new two-story single-family dwelling on property located at 124 Leland Way. The subject property is currently developed with a one-story residence that would be demolished.

This application was first reviewed at the April 4, 2002 Design Review Board meeting. At that time, concerns were raised by numerous property owners in the surrounding Bel Aire neighborhood regarding aspects of the proposed two-story house design. Issues raised included potential sunlight and privacy impacts on adjacent homes; the height, mass and bulk of the proposed design; and the compatibility of a two-story home in this predominantly one-story residential neighborhood.

The Design Review Board shared many of these concerns. In particular, the Board found that the proposed house was too tall, had excessive mass and bulk, and would create privacy impacts. The Board generally stated that a two-story home could be properly designed on this site, but that the proposed design was inappropriate for this property and for the neighborhood. The Board continued the request to the May 16, 2002 meeting, with direction given to the applicants to address these concerns.

The applicant has submitted revised plans for the proposed residence. The house still would have a two-story design, and includes the following changes:

1.    The overall building height has been reduced from a maximum of 29 feet, 7 inches to a maximum of 23 feet, 6 inches. A portion of the roofline above an upstairs bedroom has a height of 22 feet. The height of the main ridgeline has been reduced from 27 feet, 6 inches to 23 feet, 6 inches.

2.    The front of the second story portion has been stepped back 4 feet from the front of the first floor. Most of the front of the house has been placed 4 feet behind the front yard setback line, in contrast to the previous design that was predominantly situated at the front yard setback line.

3.    The overall size of the house has been increased. The proposed first floor area has increased from 1,502 square feet to 1,612 square feet; the second floor area has increased from 1,266 square feet to 1,340 square feet; the garage has been increased from 292 square feet to 379 square feet (however, the garage dimensions of 31 feet, 2 inches by 12 feet limit the garage to one parking space). The total floor area of the house and garage has increased by 281 square feet, from 3,060 square feet to 3,341 square feet. Similarly, the proposed lot coverage has increased from 2,174 square feet (27.2%) to 2,352 square feet (29.4%).

4.    Most of the second story windows have been redesigned with taller sill heights. All windows toward the rear of the house would be fitted with obscure glass.

5.    The upper floor deck to the rear of the house has been eliminated. An open porch area is proposed below the master bedroom to the rear of the site, and a portion of a front bedroom would cantilever above an open area in front of the garage.

Zoning

Staff has reviewed the revised plans and finds them to be in conformance with the development standards for the R-1-BA zone with regard to building setbacks, lot coverage and envelope and height limits.

Design Issues

The revised house design has significantly reduced the overall height of the proposed residence, which would decrease the overall mass and bulk of the house and reduced any potential sunlight impacts on neighboring homes. The increased front yard setback and stepped second story design would also help mitigate any mass and bulk concerns for the house when viewed from the street. The raised sill heights for second story windows and the requirement for obscure glass for the rearmost windows, along with the elimination of the upper story deck, would help address potential privacy impacts on the adjacent properties to either side of the property.

Other aspects of the proposed house design have not been significantly changed. The setbacks from the second story area to the side property lines remains essentially unchanged. The length of the second story area has increased from 52 feet to 56 feet, 1 inch. Although the second story has been set back 4 feet from the front of the first floor, the master bedroom cantilevers beyond the rear of the first floor; the overall length of the second story is one inch longer than that of the first story. The revised floor plan has renamed the first floor den as a "den/bedroom," but three bedrooms and two bathrooms are still proposed for the second story area. Several taller windows still remain on the sides of the second floor area, including several bedroom windows facing properties to the side with clear glass, and one taller bathroom window with obscure glass; these windows could still result in unwanted privacy impacts on the properties to either side of the proposed house.

As noted in the previous Staff report for this project, the guidelines contained within Section 4.02.07 of the Tiburon Zoning Ordinance state that "a good relationship of a building to its surroundings is important. For example, in neighborhoods consisting primarily of one-story homes, second-story additions shall be discouraged, or permitted with increased setbacks or other design features to minimize the intrusion on the neighborhood." Although the reduced height indicated on the revised plans would help the proposed house fit better within the neighborhood, the increased floor area and lot coverage, along with the minor increase in front yard setback and the minimal front-to-rear separation of the second story from the first story of the building, serve to accentuate, rather than minimize, the two-story design of this house.

The Design Review Board should carefully examine the two-story characteristics of the proposed house. In particular, the Board should evaluate the specific characteristics of the revised design to determine if the house has been properly designed "with increased setbacks or other design features to minimize the intrusion" of the two-story building on the Bel Aire neighborhood.

As previously mentioned, the revised house design includes an increased garage area. However, as the garage space would only be 12 feet wide, this design would only be considered to be a one-car garage. A wider driveway is still proposed in front of the garage to provide a second off-street parking space. Although the two spaces provided meet the minimum parking standards for a single-family home required by the Tiburon Zoning Ordinance, it is unusual for a new home to be constructed in Tiburon without a two-car garage unless specific topographical constraints would prevent such a garage. The Board should evaluate the parking provided by the proposed project, and determine whether additional covered parking should be provided as part of this project.

 Public Comment

As of the date of this report, no additional public comments have been received regarding the proposed project.

RECOMMENDATION:

The Board should review this project with respect to Zoning Ordinance Section 4.02.07 (Guiding Principles). If the Board finds the design to be acceptable and in conformance with the Tiburon Zoning Ordinance, Staff would recommend that the attached conditions of approval be applied.

ATTACHMENTS:

1.    Conditions of approval

2.    Design Review Board Staff report, dated March 20, 2002

3.    Minutes of the April 4, 2002 Design Review Board meeting

4.    Letter from Jennifer Carter, received April 25, 2002

5.    Site plans, floor plans and elevations

CONDITIONS OF APPROVAL  124 LELAND WAY  FILE #702019

1. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued.

2. The development of this project shall conform with the application dated by the Town of Tiburon on February 20, 2002, or as amended by these conditions of approval. Any modifications to the plans of May 6, 2002, must be reviewed and approved by the Design Review Board.

3.    Plans submitted to the Building Department for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Department for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Design Review Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Design Review approval is not valid and shall be subject to stop work orders and may require removal.

4.    The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project.

5.    All skylights shall be bronzed or tinted and no lights shall be placed in the wells.

6.    All exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures.

7.    Prior to the issuance of building permits, the applicant shall submit verification from a licensed landscape architect that the proposed landscape plan conforms to M.M.W.D. landscape regulations, as required by Town Council Ordinance.

8.    Prior to the issuance of final building inspection approval, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Department field inspection prior to the issuance of occupancy permits.

9.    Prior to underfloor inspection, a certified survey of the structure foundation will be required. Required documents shall include graphic documentation locating the building on a site plan and including specific dimensions from property lines and other reference points as appropriate, and elevations relative to sea level of the foundation walls and slabs. No inspections will be provided until the survey results have been verified.

10.    The project shall comply with the following requirements of the Southern Marin Fire Protection District:

a.    The structure shall have installed throughout an automatic fire sprinkler system in accordance with NFPA standard 13-D (UFC 1003).

b.    Approved smoke alarms shall be installed to provide protection to all sleeping areas (UBC 1210).

c. Approved spark arresters shall be installed on chimneys (UFC 1101).

d. A greenbelt shall be provided by cutting and clearing all combustible vegetation within 30 feet of the structure (UFC 1103).

11.    The following requirements of the Marin Municipal Water District shall be met:

a.    A High Water Pressure Water Service application shall be completed.

b.    A copy of the building permit shall be submitted.

c.    Appropriate fees shall be paid.

d.    The structure’s foundation shall be completed within 120 days of the date of application.

e.    The applicant shall comply with the District’s rules and regulations in effect at the time service is requested.

12.    All requirements of the Town Engineer shall be met.