TO: DESIGN REVIEW BOARD

FROM: SENIOR PLANNER WATROUS

SUBJECT: 1970 CENTRO WEST STREET; FILE #20214

MEETING DATE: AUGUST 1, 2002

BACKGROUND

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. Variances for reduced side yard setbacks were also requested as part of this application.

The application was first reviewed at the June 6, 2002 Design Review Board meeting. At that time, concerns were raised by the Design Review Board and several surrounding property owners regarding potential view impacts that could arise from the proposed house, the proposed parking layout, and the fit between the house design and the property contours. The application was continued to the August 1, 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:

1.    One bedroom and one bathroom have been removed from the upper floor. A larger upper floor deck has been removed, and the corner of the upper floor roof deck has been angled to improve sight lines from the adjacent home at 1960 Centro West Street. The height of the roof deck has also been lowered slightly.

2.    An additional bedroom and bathroom have been included on the main level of the house.

3.    A cabaņa, bedroom and bathroom have been added to the ground level area at the rear of the house that had previously been indicated as a covered area beneath the main level deck, adjacent to the proposed swimming pool area.

As a result of these modifications, the floor area of the proposed house would increase from 2,386 square feet of living space and 575 square feet of garage space, to 2,448 square feet and a 594 square foot garage; the revised design would be just slightly smaller than the maximum floor area of 2,450 square feet (plus garage) permitted for a lot of this size. The 31.2% lot coverage of the structures, which is less than the 35.0% maximum lot coverage permitted in this zone, would remain unchanged.

Design Issues

The modifications to the proposed house appear to have addressed the concerns from the adjacent home at 1960 Centro West Street. The elimination of the large upper level deck and the reduction in size of the roof deck and upper level floor area would significantly reduce the mass of the buildings when viewed from this neighboring residence, and should reduce any view impacts to the south across the new structure. Boardmembers are encouraged to view the revised story poles from this adjacent home to more thoroughly evaluate the revised house design.

The applicant has submitted a letter indicating that he would agree to not allow any visual obstruction to the adjacent house at 1960 Centro West Street above the railing level of the roof deck, and encouraging the Board to accept this as a condition of approval for the project. Staff strongly recommends that this language not be adopted as a condition of approval, for fear that in the future Town Staff would be responsible for code enforcement action any time landscaping or patio furniture in this area exceeds the specified heights.

The elimination of the upper level deck and the addition of floor area to the main and ground levels of the house help pull the visual mass of the proposed building further to the rear and down the slope of the site. These changes would give the house a more pronounced stepping effect, which would be more consistent with Goal 1, Principle 1 of the Hillside Design Guidelines, which 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."

Concerns were raised at the previous Board meeting on this project regarding the potential to enclose the area below the deck extending off the lower level of the house into additional floor area in the future. The addition of a cabaņa, bedroom and bathroom into this area addresses this concern, and should eliminate the potential for additional floor area in this space in the future.

The proposed parking layout for the house remains essentially unchanged. The provision of a two car garage with additional driveway space is intended to mitigate the limited availability of off-street parking along this portion of Centro West Street. The Board should consider whether the other design changes to better step the house down the site have effectively mitigated the previously raised concern that the garage configuration was driving the design of the rest of the house.

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 noted above, the revised house design appears to address the previously raised concerns regarding potential visual and view impacts that could be caused by the design of the proposed house.

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

Public Comment

As of the date of this report, no additional public comment has been received regarding the proposed project since the last meeting.

 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 from applicant dated July 25, 2002

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

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

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

6.    Site plans, floor plans and elevations

CONDITIONS OF APPROVAL  1970 CENTRO WEST STREET 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 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:

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:

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.

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