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 3 Palmer Court. The subject property is currently developed with a single-story residence. As more than 50% of the existing structure would be demolished as part of this project, this application is being reviewed as a new residence.

The lower floor of the proposed house would include a living room, dining room, kitchen, family room, study, three bedrooms and 1½ bathrooms. The upper floor would include a master bedroom suite. A swimming pool is proposed to be constructed to the south side of the property. A detached three-car garage would be constructed in the northeast portion of the site. An entry arbor would lead from the driveway to the front entry of the home.

The proposed house would cover 3,344 square feet (22.4%) of the site, which is less than the 30.0% maximum lot coverage permitted in this zone. The floor area of the proposed house would increase by 1,270 square feet, to a total of 3,459 square feet of living space and 600 square feet of garage space, which is less than the maximum floor area of 3,487 square feet (plus garage) permitted for a lot of this size.

The proposed dwelling would be situated within 21 feet of the rear (western) property line. As a 25 foot rear yard setback is required within the R-1 zone, a variance is requested for reduced rear yard setback.

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 cream colored stucco siding with off-white trim. Brown mission tile materials are proposed for the roof.

Design Issues

The existing house on the site extends to within 21 feet of the rear property line. The northerly portion of this section of the house would be removed as part of the proposed project, and a new addition following the same rear yard setback would extend to the south of the existing rear portion of the structure.

The subject property is bordered on the south and east sides by Palmer Court, with portion of the northeast corner of the property adjacent to Tiburon Boulevard as well. The site lies below two other homes to the northwest at 654 & 660 Tiburon Boulevard. The home at 660 Tiburon Boulevard has only lateral views of the proposed second story; no water or other significant views would appear to be affect by the proposed second story portion of the house. Mature trees and landscaping on the site help screen other portions of the house from view by other homes along Palmer Court that are generally oriented away from the site toward the bay.

The story poles for the proposed second story area are visible from the enclosed porch and deck of the home at 654 Tiburon Boulevard. This neighboring residence has views of Richardson and San Francisco Bays, San Francisco, Sausalito, the Golden Gate and Bay Bridges, and Belvedere Island from the enclosed porch. It appears that the second story of the subject house would block a portion of the of the water view in foreground from the enclosed porch.

The following portions of the Hillside Design Guidelines should be used to determine if the proposed project would result in significant view impacts on the home at 654 Tiburon Boulevard:

Goal 3, Principle 7 (A) of the 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.)." The enclosed porch is similar in character to an outdoor deck, and should be considered a ceremonial room.

Goal 3, Principle 7 (B) of the Guidelines states that the "horizon line is [the] most sensitive part of the view, then foreground, then middleground." The proposed second story area would be situated in the foreground to middleground when viewed from the neighboring home. The potential view blockage that would be caused by the second story portion of the subject house appears to be very similar to the "yes" illustration accompanying this principle

Goal 3, Principle 7 (C) states that the "blockage of center of view [is] more damaging than blockage of side of view." The proposed second story would block a small portion of the center of the view from the adjacent home.

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 proposed second story would not appear to block any portion of the existing views of San Francisco, Sausalito, the Golden Gate and Bay Bridges, and Belvedere Island from the neighboring home.

The Design Review Board is encouraged to visit the home at 654 Tiburon Boulevard to more thoroughly evaluate any potential view and visual impacts which may be caused by the proposed construction.

Zoning

Staff has reviewed the proposal and finds it to be in conformance with the development standards for the R-1 zone, with the exception of the previously noted variance for reduced rear yard setback.

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 subject property has an unusual lot configuration. This site is bordered on two sides by Palmer Court, and also borders a portion of Tiburon Boulevard. The configuration results in special circumstances that limit the placement of buildings on the site while maintaining the required rear yard setback.

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 rear yard setbacks have been granted in the past for other properties in the vicinity, including 7 Palmer Court (File #27809), 885 Tiburon Boulevard (File #26231) and 60 Pine Terrace (Files #291002 & 299003).

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

Forcing the applicant to set the new dwelling further back from the rear property line than the existing home 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.

The variance requested for the proposed dwelling would allow a portion of the structure to be pulled further to the rear of the property. Locating the proposed house further away from the rear yard setback would push the structure further into the line of sight for homes above the subject property. Therefore, the location of the dwelling within the rear yard setback would help shield the mass of the house when viewed from above, and would not be injurious to other properties in the vicinity.

From the evidence provided, Staff believes that there is sufficient evidence to support the findings for the requested variance.

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 3, Principles 7 (A, B, C & D) of the Hillside Design Guidelines

4.    Site plans, floor plans and elevations

CONDITIONS OF APPROVAL  3 PALMER COURT  FILE #20218

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 March 1, 2002, or as amended by these conditions of approval. Any modifications to the plans of March 1, 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.    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.