TO: DESIGN REVIEW BOARD

FROM: SENIOR PLANNER WATROUS

SUBJECT: 1860 VISTAZO WEST STREET; FILE # 20225

SITE PLAN AND ARCHITECTURAL REVIEW FOR A NEW SINGLE-FAMILY DWELLING AND A SECONDARY DWELLING UNIT

MEETING DATE: AUGUST 1, 2002

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 single-family dwelling and a secondary dwelling unit on property located at 1860 Vistazo West Street. A single-family dwelling and shed currently on the site would be demolished.

The house would have three levels of floor area, and a maximum height of 23.5 feet. The main level of the house would include a living room, kitchen, dining room, laundry room, one bedroom, and 1½ bathrooms. The upper level would include a master bedroom suite. The basement level would include a family room, study, one bedroom and one bathroom. Three flat solar panel would be mounted on the roof.

The secondary dwelling unit would be connected to the main house, and would include a living room, kitchen, one bedroom and one bathroom, with a separate access provided from an upstairs entry.

A swimming pool is proposed to be constructed at the rear of the site. A detached three-car garage would be located toward the front of the site. A parking deck would be constructed on top of the garage.

The structures would cover approximately 3,351 square feet (26.8%) of the lot. The house and secondary dwelling unit would have a combined floor area of 3,037 square feet, which is less than the maximum allowed for this parcel of this size.

The parking ramp leading to the rooftop parking deck would be situated within the required front yard setback, extending to the front property line. As a 15 foot front yard setback is required in the R-1 zone, a variance for reduced front yard setback is required.

Colors and materials samples have been submitted, and will be present at the meeting for the Board to review. The exterior walls of the house would utilize natural cedar shingle siding, with dark brown trim. Building materials are not specified for the proposed flat roofs of the buildings, and should be specified prior to approval of this application.

Design Issues

The Planning Commission has reviewed an application for a conditional use permit for a secondary dwelling unit on the site. The Commission’s concerns with the design of the project as originally proposed centered on the parking to be provided on the site. Given the limited amount of on-street parking available on Vistazo West Street, the Commission required that sufficient parking be provided on site to meet the needs of both dwelling units and potential guests. As a result, the applicant modified the plans to include the parking deck as currently proposed.

On June 26, 2002, the Planning Commission adopted Resolution No. 2002-07 approving the conditional use permit for this project. However, the Commission recognized that the parking deck design would require approval of a variance for reduced front yard setback. Therefore, a condition of approval was adopted stating that "the Design Review Board is not obligated to approve a Variance for reduced front yard setback, if the required findings for the Variance cannot be made. Accordingly the Design Review Board shall also have the ability to modify the design of the project for appropriate reasons." The resolution also required that at least six (6) non-tandem off-street parking spaces shall be provided on the site.

During the review of the original design of the house and secondary dwelling by the Planning Commission, Staff raised potential concerns with the applicants regarding the mass and bulk of the proposed structures. As originally submitted, the design of the proposed building did not follow the contours of the property, and was not properly stepped along the slope. At that time, Staff was concerned that the vertical elements of that design and the additional mass and bulk that would be caused by the building would be inconsistent with Goal 1, Principle 1 of the Tiburon Hillside Design Guidelines, which states that homes designs should "cut [the] building into [the] hillside to reduce effective visual bulk." Goal 1, Principle 4 also states that designs should "follow hillside contours and slope with building forms, particularly roof forms, to increase the integration of dwelling and site."

The applicants have since modified the design of the proposed structures. The design as currently proposed has increased the articulation of the vertical elements on the downhill side of the house, incorporating extended decks and rooflines to break up the visual mass. The southeastern side of the house has also been pulled back from the line of the rear portion of the structure, providing further visual articulation. The horizontal roof elements help reduce some of the visual mass, and appear to be generally consistent with the overall site contours. The Design Review Board should review this current design to determine if these modifications adequately conform to the principle of the Hillside Guidelines to cut the building into the hillside and follow the contours of the site.

No significant view concerns were raised by neighboring property owners during the Planning Commission review of the proposed structures. The adjacent homes at 1850 and 1870 Vistazo West Street have some views across the subject property to the south and north, respectively, and the proposed buildings have the potential to interfere with some views for these residences. The Design Review Board is encouraged to visit these neighboring homes to more fully determine if the proposed house and secondary dwelling unit would result in significant view impacts for these neighbors.

The proposed parking deck would maintain a relatively low visual profile when viewed from the street and neighboring properties. A simple 3 foot tall wooden railing would extend above the flat roof of the proposed garage. The sides of the parking deck would be close to the front property line, and would only be highly visible from the undeveloped portions of the directly adjacent properties.

The swimming pool and terrace area proposed to be constructed on the lower portion of the property would be supported by a retaining wall that would not exceed six feet in height. This retaining wall should also be carefully reviewed for its potential visual impacts on the downhill neighboring homes at 1821 & 1823 Centro West Street.

The landscaping plan submitted with this application indicates that several mature trees would be removed in the vicinity of the proposed garage and driveway. The Japanese Maple and Magnolia trees proposed to be planted should not result in unwanted view impacts on nearby properties.

The landscaping plan also indicates that a new 6 foot tall wooden fence is proposed along the side and rear property lines. Detail drawings submitted with the application only show a 3 foot tall wood and wire fence. More detailed fence drawings should be required to be submitted and reviewed by Staff prior to approval of building permits for this project.

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 front 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 front of the subject property is relatively steep, dropping off from the edge of Vistazo West Street. This topographical condition has been addressed by many other properties in the vicinity and in the same or similar zones by the development of homes and/or parking structures within the front yard setback in order to minimize grading and push the houses closer into the hillside. The strict application of the required front yard setback would deprive the applicant of the privilege to construct a home in a manner similar to many others on comparable hillside properties.

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.

Several other properties in this section of the Hillhaven subdivision have previously received variances for reduced front yard setbacks, including homes at 1707 Vistazo West Street (File #299010); 1799 & 1808 Lagoon View Drive (Files #27410 & 20120); 1830, 1835, 1850 & 1855 Mountain View Drive (Files #295003, 27015, 299027 & 26914); and 430 & 604 Ridge Road (Files #299004 & 28022).

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

Forcing the applicant to eliminate the proposed parking deck would result in either limited off-street parking for the property or would force the house on the site significantly further downhill in order to accommodate the needed parking for this project, 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 parking deck would be minimally visible from the street or adjoining properties, and therefore would not be injurious to other properties in the vicinity.

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

Public Comment

To date, no written comments have been received from the public regarding this proposal.

RECOMMENDATION

The Board should review this project with respect to Zoning Ordinance Sections 4.02.07 (Guiding Principles). If the Board finds the design to be acceptable and in conformance with the Town’s Design Guidelines, then Staff has no objections to the approval of this project. If the Board wishes to approve the project, Staff recommends that the attached conditions of approval be applied.

1.    Conditions of approval

2.    Application and supplemental materials

3.    Planning Commission Resolution No. 2002-07

4.    Minutes of the May 8, 2002 Planning Commission meeting

5.    Goal 1, Principles 1 & 4 of the Hillside Design Guidelines

6.    Submitted plans

CONDITIONS OF APPROVAL  1860 VISTAZO WEST STREET  FILE #20225

. 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 April 4, 2002, or as amended by these conditions of approval. Any modifications to the plans of July 22, 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:

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

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

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

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 sate of application.

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

12.    The applicants shall obtain a sewer permit from Sanitary District No. 5 and pay all applicable fees prior to construction of a side sewer and connection to the sewer main. After connection to the sewer main but prior to commencement of discharge and prior to covering of the pipe, the District shall be contacted and allowed to inspect the connection for conformance to standards.

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

14.    More detailed fence drawings for all fencing over 42 inches in height to be installed on the property shall be submitted and reviewed by Planning Division Staff prior to approval of building permits for this project.