TO: Design Review Board

FROM: Brian Lynch, Associate Planner

SUBJECT: 5 Seafirth Place; File 20224

MEETING DATE: August 1, 2002 REVIEWED BY: DMW

APPLICANT/OWNER: Rob Fitzgerald

PROJECT ARCHITECT: Mohamad Sadrieh

ENVIRONMENTAL DETERMINATION

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

PROPOSAL

The applicant has submitted a request for a new single-family dwelling on a property located at 5 Seafirth Place. The property is currently developed with a single-family dwelling, which is proposed to be demolished. The proposed home is a multi-level design with the lower level comprised of a three car garage. The main level is comprised of the living area, kitchen, dining room, guest room, and bathroom. The upper level consists of the master bedroom and bathroom, two additional bedrooms, and two bathrooms.

The proposed structure would cover approximately 3,600 square feet (17.2 % lot coverage), which exceeds the 15% lot coverage limit per the zoning district. Therefore the applicant is requesting a variance for excess lot coverage (2.2%).

The floor area of the proposed home is 4,065 square feet, which is approximately equal to the floor area limits for the property.

The proposed materials for the home would be wood siding with stone accents. The colors would be green trim around the natural wood colored siding. The roof would be comprised of grey composition shingles. A color and materials board will be available for viewing at the Design Review Board meeting

Zoning

Except for the lot coverage variance request, Staff finds the proposal to be in conformance with the remainder of the development standards for the RO-2 zone.

Design Issues

The project site slopes evenly from back to front until the topography drops off more dramatically at the edge of a creek bank along the south property line. The property is well covered with trees, and is in a relatively secluded location. Access to the lot would occur off of a private driveway that is shared with the properties at 7 Seafirth Place, 9 Seafirth Place, and 15 Seafirth Place. The property at 7 Seafirth Place is currently an undeveloped site, but a plan was approved by the Board for a single-family home in October 2001.

The home would be approximately 1,500 square feet larger than the existing structure, but is designed to be stepped into the hillside away from the shared driveway, reducing its appearance of size and bulk. The proposed home would be most visible from the un-developed property at 7 Seafirth Place and from the property across the shared driveway at 15 Seafirth Place, but there would be no significant view or privacy impacts on these properties.

Although the residence would be located generally in the same location as the existing structure, the new residence would be closer to the creek to the south. Construction in close proximity to creek banks is generally discouraged for environmental reasons. The Board should consider the possible impacts to the creek such as bank erosion and sedimentation. The construction of the new home would also necessitate the removal of a few protected Bay trees on the south side of the property, and one 36" Cypress tree on the north side. The removal of said protected trees would be approved if this Design Review application is granted.

This project was previously scheduled for the July 18, 2002, Design Review Board meeting. The item was continued from that meeting because the Planning Division received comments from the Tiburon Fire District Marshal indicating that the size of the proposed dwelling needed to be reduced due to the lack of water pressure in the Seafirth neighborhood. Continuing the item gave the applicant time to address this concern.

The Fire Marshal has recently informed the Planning Division that the initial concerns of the size of the proposed home have now been addressed. The applicant has agreed to install alternative fire protection measures which will allow the Fire District to approve the project. These protection measures have been added as conditions of approval.

Variance

In order to grant the requested variance, the Board must make the following findings as required by Section 4.03.05 of the Tiburon Zoning Ordinance:

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 project architect has suggested that the easement that runs across the property and topography at the rear of the parcel are special circumstances to this property that restrict the development of the parcel more than others in the vicinity. The only feasible location for sitting the house is the location of the existing home. Working within these physical constraints of the site, the home is designed to step from the shared driveway and conform to the slope, which requires the building to be spread further across the lot, causing the increase in lot coverage.

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.

There have been similar variances granted at 22 Seafirth Place (file #20212), 55 Seafirth Road (file #29835), 20 Seafirth Road (file #27811), and 70 Seafirth Road (file #27626). Therefore, approving the proposed variance would not constitute a grant of special privilege to the applicant.

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

As previously stated, the most feasible location for the proposed home is in the area of the existing structure, which is down near the shared driveway. The variance is requested to accommodate the larger building footprint that is created when the structure is stepped back away from the shared driveway. If the house were designed to reduce the degree to which it is stepped back, then the main living areas for the home would be much closer to the shared driveway, which would be an unnecessary hardship.

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, one of the main design aspects of the project is to step the home away from the shared driveway, which essentially makes the structure less obtrusive to neighboring properties. The project would not be more detrimental to the public welfare then the existing structure.

Public Comment

A letter dated May 13, 2002, has been submitted by the Seafirth Architectural Committee. The President of the Committee has indicated that no specific objections have been raised regarding the project. They have essentially approved the project on the condition that the Board finds the project is in keeping with the neighborhood, in conformance with the Tree Ordinance, and in conformance with the variance findings for excess lot coverage.

RECOMMENDATION

It is recommended that the Board review this project with respect to the Guiding Principles for Site Plan and Architectural Review and the required findings for a variance (Sections 4.02.07 and 4.03.05 of the Tiburon Zoning Ordinance). If the Board finds that the design of the project is consistent with the Guiding Principles, and all the findings for the variance can be made, then it is recommended that the project be approved with the attached Conditions of Approval.

1.    Conditions of Approval

2.    Application and supplemental materials dated May 6, 2002.

3.    Findings for the variance as submitted by the applicant.

4.    Letter from Tiburon Fire District Marshal dated July 18, 2002.

5.    Letter from the Seafirth Architectural Committee dated May, 13, 2002.

6.    Plans for the project.

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 to the application dated by the Town of Tiburon on May 6, 2002, or as amended by these conditions of approval. Any modifications to the plans 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 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.

8.    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).

e.    The home shall be constructed as type V-one hour building throughout.

f.    The home shall be equipped throughout with an automatic fire sprinkler system designed and installed in accordance with NFPA 13R standards.

9.    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.

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