ENVIRONMENTAL DETERMINATION:

This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303.

PROPOSAL:

The applicant is requesting Design Review approval for the construction of a new two-story single-family dwelling on property located at 1870 Centro West Street. The subject property is currently developed with a two-story residence that would be demolished.

The main level of the proposed house would include an entry area, two bedrooms and two bathrooms, along with a roof garden. The lower level would include a living room, dining room, kitchen, one additional bedroom, one more bathroom, and an office. A 294 square foot deck would extend off the main level, with a much larger, 760 square foot deck extending off the lower level. The lower level deck also provides access down to a ground level deck area. A two-car garage would be constructed adjacent to the main level. A swimming pool is proposed to be constructed to the rear of the property. A 6 foot tall wood and wire fence is proposed along the side and rear property lines.

The proposed house would cover 2,187 square feet (31.2%) of the site, which is less than the 35.0% maximum lot coverage permitted in this zone. The floor area of the proposed house would be 2,386 square feet of living space and 575 square feet of garage space, which is less than the maximum floor area of 2,450 square feet (plus garage) permitted for a lot of this size.

The proposed dwelling would be situated within 3 feet of the south (left) side property line, and within 3 feet, 10 inches of the north (right) side property line. As 8 foot side yard setbacks are required within the R-2 zone, variances are requested for reduced side yard setbacks.

A color and materials board has been submitted, and will be present at the meeting for the Board to review. The structure would be finished with light brown stucco siding with terra cotta and stone trim. The applicant has not submitted information regarding the materials for the proposed flat roof areas.

Design Issues

The existing house on the site extends to within approximately 4 feet of both side property lines. A previous application (File #299049) for the construction of a new dwelling on the site was approved on January 6, 2000, with variances for reduced side yard setbacks of 4 feet on both sides of the property. The currently proposed design contains 418 square feet of additional living area and a 365 square foot larger garage than previously approved. The lot coverage of the structures would increase from 1,468 square feet (21.0%) to 2,187 square feet (31.2%), primarily due to the large decks to the rear of the building.

This application was originally scheduled for the May 16, 2002 Design Review Board meeting, but was continued at the request of the applicant. Since the previous Board meeting, the applicant has met with the adjacent property owner at 1960 Centro West Street to attempt to resolve concerns regarding potential view and visual impacts from the proposed residence. The applicant has submitted revised plans which have lowered the roof height of the main level living areas by two feet. The building height of the proposed garage would remain unchanged.

The rearmost enclosed portion of the proposed house would extend approximately 12 feet further to the rear than the previously approved house on this site, with the proposed decks even extending further to the rear. Staff is unable to determine at this time how the extended length of the building would affect views to the south from the adjacent residence at 1960 Centro West Street; the owner of this neighboring home raised concerns regarding potential view impacts during the review of the previous application on this site.

The story poles for this project indicate that the main level of the house is likely to block views of Mt. Tamalpais from the upper level kitchen of one of the adjoining residences at 1980 Centro West Street. Goal 3, Principle 7 (A) of the Hillside Design Guidelines states that the "view protection is more important for major ‘ceremonial’ rooms (living, dining, kitchen, deck) than for secondary rooms (bedroom, bathrooms, family room, etc.)." Goal 3, Principle 7 (D) states that "blockage of important objects in the view (Golden Gate Bridge, Belvedere Lagoon, Sausalito, Angel Island) is more difficult to accept than blockage of other, less well-known landmarks." The Design Review Board should visit the site of both adjoining properties to evaluate the potential view impacts of the proposed house on these adjacent homes.

The subject property is situated along a stretch of Centro West Street served by a private driveway. This property is one of a series of narrow lots extending downhill to the west from the driveway. Most of the other homes along this portion of Centro West Street have low building profiles when viewed from the front, with sloping roofs that angle to the rear of the buildings. The recently approved modifications to the adjacent home at 1960 Centro West Street include hip rooflines extending above portions of the front of the house, but also include a similarly sloping roof for the majority of the visible roofline. The proposed residence would have a much more vertical design, accentuated by the flat roof and stucco finish. Although the house would only have a height of 13 feet when viewed from the front, the Design Review Board should evaluate this design and determine if this is consistent with the character of other homes in the vicinity.

Goal 1, Principle 1 of the Hillside Design Guidelines encourages designs to "cut [the] building into the hillside to reduce effective visual bulk," and Goal 1, Principle 2 to "terrace [the] building, using the slope." The proposed design seems to generally follow the terrain of the property, although the east elevation of the building creates a significant mass that does not substantially "step" down the site; the visual mass would be exacerbated by the reduced side yard setback requested. The extensive rear decks also add to the visual mass of the building when viewed from below the site. The Board should carefully evaluate the overall design of the proposed house to determine if the building would be consistent with these principles of the Hillside Design Guidelines.

The area below the deck extending off the lower level of the house has the potential to be enclosed and turned into additional floor area in the future. The Board should also consider this potential floor area, which would cause the home to exceed the floor area ratio for this property, and determine whether the rear deck should be reduced in size to decrease this potential.

Zoning

Staff has reviewed the proposal and finds it to be in conformance with the development standards for the R-2 zone, with the exception of the previously noted variance for reduced side yard setbacks.

In order to grant the requested variance, the Board must make the findings as required by Section 4.03.05 of the Tiburon Zoning Ordinance. Staff suggests that the following analysis may be made used to address the required findings for the requested variance:

1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Ordinance will deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones.

The 7,000 square foot size of the subject property is smaller than the 7,500 square foot minimum lot size in the R-2 zone, and the lot is also very narrow. Combined with the siting of the existing house only 4 feet from both side property lines, these physical characteristics create special circumstances that limit the placement of buildings on the site with similar side yard setbacks enjoyed by other properties in the vicinity.

2. The variance will not constitute a grant of special privileges, inconsistent with the limitation upon other properties in the vicinity and in the same or similar zones.

Variances for reduced setbacks have been granted in the past for other properties in this neighborhood, including over a dozen homes in the 1800 and 1900 blocks of Centro West Street.

3. The strict application of this Ordinance would result in practical difficulty or unnecessary hardship.

Forcing the applicant to set new additions significantly further back from the side property lines than the existing home and the previously approved house and would result in an unnecessary hardship on the property owner.

4. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity.

As previously noted, the variance requested for the proposed addition could exacerbate the visual mass of the proposed building when viewed from the adjacent property at 1980 Centro West Street, and could contribute to potential view impacts to the residences on both sides of the property.

From the evidence provided, Staff believes that there is insufficient evidence to support all of the findings for the requested variances. If the Design Review Board determines that the reduced side yard setbacks requested do not significantly contribute to potential view or visual impacts on neighboring homes, then all the required findings can be made to approve the requested variances.

Public Comment

As of the date of this report, no public comment has 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.    Application and supplemental materials

3.    Goal 1, Principle 1, and Goal 1, Principle 2 of the Hillside Design Guidelines

4.    Goal 3, Principles 7 (A & D) of the Hillside Design Guidelines

5.    Site plans, floor plans and elevations

CONDITIONS OF APPROVAL 

FILE #20214

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 25, 2002, or as amended by these conditions of approval. Any modifications to the plans of May 24, 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 Tiburon 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 High Water Pressure Water Service application shall be completed.

A copy of the building permit shall be submitted.

Appropriate fees shall be paid.

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

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.