SUBJECT: 2355 PARADISE DRIVE; FILE # 20227

The applicant is requesting Design Review approval for the construction of two new two-story single-family dwellings on property located at 2355 Paradise Drive. The subject property is currently developed with one two-story single-family dwelling, which would be demolished as part of this project.

The first house (Unit A) would be constructed on the lower portion of the site, closer to Paradise Drive. The lower level of this proposed house would include an entry, one bedroom, one bathroom, and a utility room. The upper level would include a living room, kitchen, one bedroom and one bathroom. An attached one-car garage would be situated adjacent to the lower level, with one additional open parking space in front. A rooftop deck is proposed on top of the garage, with access to the living room on the upper level.

The second house (Unit B) would be constructed on the upper portion of the site, closer to Vista Del Mar. The lower level of this proposed house would include two bedrooms and one bathroom. The upper level would include a living room and kitchen. Two open parking spaces are proposed with access leading to Vista Del Mar. A deck is proposed with access to the living room on the upper level.

The proposed houses would cover 1,985 square feet (24.2%) of the site, which is less than the 35.0% maximum lot coverage permitted in the R-2 zone. The combined floor area of the proposed houses would be 2,730 square feet (1,575 square feet for Unit A and 1,155 square feet for Unit B), which is less than the maximum floor area permitted for a lot of this size.

A portion of the proposed Unit A would extend to within 7 feet of the western (left) side property line. As an 8 foot side yard setback is required in the R-2 zone, a Variance is requested for reduced side yard setback.

The subject property gently slopes to the south, from the rear property line facing Vista Del Mar down to the front of the property along Paradise Drive. A dense stand of trees and other vegetation currently occupies much of the upper portion of the site. Much of this vegetation would be removed as part of the construction of the proposed Unit B.

This vegetation creates difficulties in evaluating the potential view impacts on the existing duplex to the north at 2321 & 2323 Vista Del Mar. Both units of this neighboring duplex have upper level decks with views across the subject property toward Raccoon Straits and Angel Island. These views are currently compromised by the existing trees on the subject property. If this vegetation is removed, it appears that the upper portion of the roof for the proposed Unit B would intrude into the water views from the decks of both uphill residences. This potential view blockage is exacerbated by the horizontal roofline of the proposed structure, which widens the area of the potential view impact

The following portions of the Hillside Design Guidelines should be used to determine if the proposed project would result in significant view impacts on the neighboring homes at 2321 & 2323 Vista Del Mar:

Goal 3, Principle 7 (A) of the Guidelines states that the "view protection is more important for major ‘ceremonial’ rooms (living, dining, kitchen, deck) than for secondary rooms (bedroom, bathrooms, family room, etc.)." The proposed construction would be most visible from the decks of the nearby residences.

Goal 3, Principle 7 (B) of the Guidelines states that the "horizon line is [the] most sensitive part of the view, then foreground, then middleground." The proposed construction would be situated in the foreground when viewed from the neighboring uphill homes.

Goal 3, Principle 7 (C) states that the "blockage of center of view [is] more damaging than blockage of side of view." The proposed construction would be situated in the center of the view from the neighboring homes.

Goal 3, Principle 7 (D) states that "blockage of important objects in the view (Golden Gate Bridge, Belvedere Lagoon, Sausalito, Angel Island) is more difficult to accept than blockage of other, less well-known landmarks." The proposed construction would not block the view of any significant objects, including existing views of Sausalito and the Golden Gate Bridge.

Goal 3, Principle 7 (E) states that "a wide panoramic view can accept more view blockage than the smaller slot view." The nearby homes have relatively panoramic views that would remain essentially intact after the construction of the proposed structure.

The Design Review Board is encouraged to visit the homes at 2321 & 2323 Vista Del Mar to evaluate these potential view impacts.

Vista Del Mar is a very narrow street with a difficult turning point west of the subject property. Several neighboring property owners have raised concerns regarding the additional traffic that would be using this street if Unit B is constructed with the access as currently proposed onto Vista Del Mar. Section 4.02.07 (a) of the Tiburon Zoning Ordinance (Guiding Principles in the Review of Applications) states that in reviewing applications for Site Plan & Architectural Review, the Design Review Board shall consider the "proper relation of a project to its site, including that it promotes orderly development of the community, provides safe and reasonable access, and will not be detrimental to the public health, safety, and general welfare." The Design Review Board should carefully consider whether the proposed access onto Vista Del Mar would provide the "safe and reasonable access" necessary for a dwelling unit on this site.

Section 2.05.01 of the Tiburon Zoning Ordinance (Principal Uses Permitted [R-2]) states that two dwelling units are permitted on an R-2 zoned lot "in a single building, or in two buildings if approved by the Board because of factors such as terrain, lot size, lot configuration, or other physical considerations in order to reduce visual, environmental, or other impacts." The terrain of the subject property is not unusual, with a more gentle slope than many other properties in Old Tiburon. The lot size of 8,190 square feet is greater than the minimum lot size required in the R-2 zone. The lot configuration is roughly rectangular, although the lot width at the front property line of 43.5 feet is relatively narrow.

The proposed plans would involve a dwelling unit (Unit B) in a second building that would result in potential view impacts on uphill homes and possible access concerns on a narrow street. There appears to be adequate area on the property to site two dwelling units in a single building lower on the site that would eliminate the potential view concerns. Although the property has a fairly narrow frontage, alternative parking designs with access only from Paradise Drive can be explored. The Design Review Board should carefully examine the proposed building designs and the physical characteristics of this property to determine whether two dwelling units within separate buildings should be approved for this site.

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 reduced side yard setback.

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.

As previously described, the subject property has a gentle slope similar to many other properties in the vicinity. However, this lot has a width at the front property line of only 43.5 feet, resulting in a narrow lot configuration that would deprive the owners of this property of development privileges 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.

Numerous other properties in this portion of Old Tiburon have previously received variances for reduced setbacks, including 5 & 7 and 11 & 15 Linda Vista Avenue (Files #299012 & 27302) and 2129, 2298 and 2323 Paradise Drive (Files #27403, 27731 & 26607).

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

The strict interpretation of the required side yard setback would force the proposed house into a narrow configuration that would place an unnecessary hardship on the property owners.

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

The existing house on this site is situated at the same side yard setback as that of the proposed house, and includes more building area within the required side yard setback than is proposed for the new house. Therefore, the granting of the required variance would actually lessen the structural bulk within the required setback visible to the adjacent property, and would not be injurious to other properties in the vicinity.

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 23, 2002, or as amended by these conditions of approval. Any modifications to the plans of August 23, 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: