TO: DESIGN REVIEW BOARD

FROM: SENIOR PLANNER WATROUS

SUBJECT: 3 PALMER COURT; FILE #20218

SITE PLAN AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING, WITH A VARIANCE FOR REDUCED REAR YARD SETBACK

MEETING DATE: JULY 18, 2002

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BACKGROUND

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. A variance for reduced rear yard setback was originally requested as part of this application. 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.

The application was first reviewed at the June 6, 2002 Design Review Board meeting. At that time, concerns were raised by several surrounding property owners regarding potential view and privacy impacts that could arise from the proposed house, traffic safety concerns regarding the placement of the proposed driveway, and from noise impacts from a proposed swimming pool. These concerns were shared to some degree by the Design Review Board. The application was continued to the July 18, 2002 meeting to allow the applicant time to address these concerns.

The applicant has now submitted revised plans for this project, which include the following changes:

The proposed house has been moved four feet to the west. This would move the entire structure out of the required rear yard setback, and would eliminate the need for a variance for reduced rear yard setback.

The driveway to the proposed 3-car garage has been relocated to the south approximately 30 feet. The driveway would now exit further from Tiburon Boulevard and closer to the Palmer Court traffic circle. A wrought iron gate would extend across the approximate midpoint of the driveway, with a wooden arbor above this entry point.

The proposed swimming pool has been lengthened and narrowed into a lap pool design. The edge of the pool has been pulled further back from the proposed house, with the intent of minimizing the amphitheatre noise effect of the adjacent courtyard. The lower edge of the pool would remain approximately 11.5 feet from the southern property line. A four foot tall glass screen would be installed along the southern edge of the pool to mitigate potential noise concerns for the neighbor across the street to the south at 2 Palmer Court.

A rear stairway window facing the uphill neighbors has been removed.

ANALYSIS

Zoning

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

Design Issues

The revised design appears to address many of the concerns raised at the previous Design Review Board meeting regarding this application. Moving the house four feet to the west would reduced any potential visual impacts the structure may have on the uphill neighbors. The roof has not been modified to incorporate a hipped roofline, as recommended by several Boardmembers at the previous meeting; the Board may wish to evaluate the roof design to determine if additional changes are necessary.

The relocated driveway would address the previously raised concerns that the driveway as originally proposed was too close to Tiburon Boulevard. The more centralized location of the driveway, along with the proposed driveway gate, should make is safer for children playing in the yard or driveway. The proposed gate would be situated far enough in from the street to also prevent vehicles waiting for the gate to open from extending into the street.

Although the distance of the proposed swimming pool from the southern property line would remain essentially unchanged, the other modifications should help mitigate any potential noise concerns from the pool. The solid glass railing should help block some of the sound from emanating toward the neighbors to the south, and the increased separation between the pool and the adjacent courtyard would diminish any reflecting sound that could bounce back toward these same neighbors.

The Design Review Board is encouraged to visit the nearby homes at 654 & 650 Tiburon Boulevard and 2 Palmer Court to more thoroughly evaluate any potential visual or noise impacts which may be caused by the proposed construction.

Public Comment

Since the last hearing on this application, two letters have been received regarding the proposed project from the owners of the property at 654 Tiburon Boulevard.

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.    Supplemental letter submitted by applicant, dated July 10, 2002

3.    Minutes of the June 6, 2002 Design Review Board meeting

4.    Design Review Board Staff report dated May 31, 2002

5.    Letter from Art Kenney, dated July 5, 2002

6.    Letter from Flo Kenney, dated July 10, 2002

7.    Revised 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 July 9, 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).

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

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

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

3.    Appropriate fees shall be paid.

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

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

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