TO: DESIGN REVIEW BOARD

FROM: SENIOR PLANNER WATROUS

SUBJECT: 1 & 3 RESERVA LANE; FILE # 20226

SITE PLAN AND ARCHITECTURAL REVIEW FOR A NEW RETAINING WALL, WITH A VARIANCE FOR CONSTRUCTION OF A WALL WITHIN DESIGNATED OPEN SPACE

MEETING DATE: SEPTEMBER 5, 2002

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PROJECT DATA

ADDRESS: 1 & 3 RESERVA LANE

OWNERS: MATT & ROBERTA MASSON/THE INNISFREE COMPANIES

APPLICANT: ENGINEERED SOIL REPAIRS, INC.

ASSESSOR=S PARCELS: 59-122-17 & 59-162-04

FILE NUMBER: 20226

LOT SIZES: 16,603 SQUARE FEET

ZONING: R-2/OS (TWO-FAMILY RESIDENTIAL AND OPEN SPACE)

GENERAL PLAN: HIGH DENSITY RESIDENTIAL/OPEN SPACE

FLOOD ZONE: C

DATE COMPLETE: AUGUST 14, 2002

CEQA EXEMPTION: AUGUST 30, 2002

PERMIT STREAMLINING

ACT DEADLINE: OCTOBER 29, 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 retaining wall on property located at 1 & 3 Reserva Lane and an adjacent property designated as open space. The former property is developed with a two-family residence, and the adjacent property is currently vacant.

The applicant is proposing to construct the retaining wall in order to remedy slope stability problems that extend across the residential property onto the adjacent open space lot. The retaining wall would have a length of approximately 38 feet and a maximum height of 6 feet.

A portion of the retaining wall would extend across property with a zoning designation of OS (Open Space). As the OS designation does not allow for the construction of structures, a variance is requested.

ANALYSIS

Design Issues

The subject properties generally slope down toward Paradise Drive. Several wooden and concrete retaining walls have been previously constructed below the residential structures on the property at 1 & 3 Reserva Lane.

Soil disturbance is apparent in the general location of the proposed retaining wall. A tarp currently covers a portion of the disturbed soil.

The location of the proposed retaining wall is partially visible from a portion of Paradise Drive below the site and several homes along this street. All homes along this portion of Paradise Drive are oriented toward Raccoon Straits, away from the subject property. The steepness of the slop of the open space creates a large vertical separation between the street and the site of the retaining wall, limiting its visibility unless pedestrians look directly up the hill.

Much of this open space area is covered with fairly dense brush and a number of mature trees. Although this vegetation should help to screen the proposed wall, the construction of the wall and associated soil repair work could displace much of this landscaping. It is recommended that appropriate shrubs be planted below the bottom of the retaining wall to provide additional screening from below. Any trees removed as a result of this construction should be replaced on a 3:1 basis. In addition, it is recommended that the retaining wall be finished with an earthtone colored decorative rock facing on the downhill side to help the wall further blend visually into the hillside.

Zoning

Staff has reviewed the proposal and finds it to be in conformance with the development standards for the Tiburon Zoning Ordinance with the exception of the previously noted variance for the proposed retaining wall.

In order to grant the requested variance, the Board must make all of the following findings 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 topography and geological characteristics of the open space property threaten to cause physical damage to the residences at 1 & 3 Reserva Lane unless bolstered by an appropriate retaining wall. The strict application of the OS zone prohibiting the construction of structures on the site would deprive the owners of 1 & 3 Reserva Lane from protecting their property in a manner consistent with other property owners in Tiburon who are able to construct retaining walls when necessary for the protection of their property.

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.

Although Staff is not aware of any previous variances granted to construct retaining walls on open space areas, the Town has allowed soil stabilization work to be completed on other open space areas when the work was necessary to prevent damage to adjacent residential properties. The requested variance would therefore not constitute a grant of special privileges to the applicants inconsistent with the limitations imposed by the Town upon other open space properties elsewhere in town.

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

The strict interpretation of the OS zone would cause an unnecessary physical hardship by limiting the ability of the owner of 1 & 3 Reserva Lane from protecting this property from soil instability hazards.

4. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity.

The proposed retaining wall would only be minimally visible from Paradise Drive and several other homes below the site. The requirement to provide a decorative finish for the wall and to plant appropriate landscaping below the bottom of the wall would further mitigate any potential visual impacts caused by this wall.

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

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 Section 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.

ATTACHMENTS:

1. Conditions of approval

2. Application and supplemental materials

Submitted plans

CONDITIONS OF APPROVAL

1 & 3 RESERVA LANE

FILE #20226

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 August 12, 2002, or as amended by these conditions of approval. Any modifications to the plans of August 12, 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.    The exterior face of the retaining wall shall be finished with an earthtone colored, decorative stone finish. The design of the wall shall be reviewed and approved by Planning Division Staff prior to issuance of a building permit for this project.

6.    Shrubs or other landscaping shall be planted below the bottom of the retaining wall to create appropriate screening. Landscaping and irrigation plans shall be reviewed and approved by Planning Division Staff prior to issuance of a building permit for this project.

7.    Three (3) trees shall be planted in the vicinity of the retaining wall for every one (1) tree removed as a result of this project. The exact size, number, location and species of replacement trees shall be reviewed and approved by Planning Division Staff prior to completion of the project.