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. A variance is requested for a one foot encroachment into the side yard setback.

This application was first reviewed at the September 19, 2002 Design Review Board meeting. At that time, numerous concerns were raised by nearby property owners, including issues of privacy for nearby homes; adequacy of screening landscaping; potential view impacts; the mass and bulk of the proposed buildings; use of Vista Del Mar for vehicular access; the proposal to construct two buildings on the site instead of one structure; and a property line dispute with a neighboring property owner.

The Design Review Board shared some of these concerns, but did not achieve consensus on several aspects of the proposed project. Several Boardmembers found it difficult to visualize the potential view impacts for several homes across Vista Del Mar, as existing vegetation on the subject property obscured the erected story poles. Issues regarding access from Vista Del Mar, potential privacy impacts, and the potential for one or two buildings on the site were also discussed.

The Board determined that there was a need to revisit neighboring properties to more thoroughly evaluate the proposed project. The applicant was also requested to provide a more detailed landscaping plan, trim trees on the site to allow better views of the story poles, and to submit revised plans to match changes that were verbally presented by the architect at the meeting. The Board then continued the request to the October 17, 2002 meeting to allow the applicant time to address these issues.

The applicant has now removed a dense stand of trees and other vegetation that occupied much of the upper portion of the site, enabling the story poles for the proposed Unit B to be easily visible. In viewing the story poles from the existing duplex to the north at 2321 & 2323 Vista Del Mar, the story poles would block the lower portion of the water view from the upper level deck of the westerly dwelling (2321), and would only block a very small portion of the water view from the easterly residence (2323). For both homes, the majority of the views of Raccoon Straits, as well as Angel Island, would not be affected by the proposed construction.

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 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 home at 2321 Vista Del Mar, but would be in the side of the view from the residence at 2323 Vista Del Mar.

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 more visible story poles also allow better evaluation of the potential visual and privacy impacts on homes on either side of the subject property. The proposed Unit B has a relatively narrow building profile when viewed from the sides, helping to mitigate any potential concerns regarding excessive visual mass and bulk. The only upper floor windows on the east side of the proposed Unit B (facing 2360 Vista Del Mar) would be a stairwell window and a clerestory window; neither of these windows would face out from any living areas, thereby minimizing any potential privacy impacts.

The west side of the proposed Unit B (facing 2345 and 2343 Paradise Drive) would include an upper level living room window. The applicant has indicated that a meeting with the adjacent property owners led to a proposal to plant several evergreen trees along the west side of this dwelling to provide privacy screening; however, the property owners of 2343 Paradise Drive have indicated their opposition to this screening proposal, and have requested that the west-facing windows be eliminated.

The applicant has also indicated that several trees are proposed to be planted to the rear (north) of this building to provide privacy screening for the uphill residences from another living room window. The proposed trees would appear to screen this window to the northwest, but would not screen views between this window and the living spaces of the dwellings at 2321 & 2323 Vista Del Mar to the northeast; the owner of this nearby property has also requested that this living room window be eliminated to avoid unnecessary privacy impacts.

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.

As noted in the previous Staff report for this project, 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." This code section does not specifically state that findings are to be made in order to approve two dwellings in separate structures on an R-2 zoned lot. However, the intent of this section is to discourage such a project design unless the Design Review Board determines that the subject property has specific "terrain, lot size, lot configuration, or other physical considerations" that would help a two-building design "to reduce visual, environmental, or other impacts." A memorandum has been prepared by Community Development Director Anderson that provides background on the origins of and reasons for this code section.

As previously noted, 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.

If the Design Review Board is to approve the proposed project with a configuration that includes two dwelling units in separate buildings, it is strongly recommended that the Board first indicate the physical characteristics of this property that are factors in approving such a design, and how the two-building design would reduce impacts on neighboring properties. If the Board cannot determine that there are distinguishing factors as described in Section 2.05.01, then the Board should not approve two dwelling units within separate buildings for this site.

Sue and Wally Quinn, owners of the neighboring property at 2343 Paradise Drive, have submitted a study that they have prepared that evaluates the current and potential development for all R-2 lots in Tiburon. Out of 249 R-2 lots for which data is available, 117 properties have a lot size of at least 7,500 square feet, and therefore have the potential to be developed with two dwelling units. A total of 43 of these 117 lots are currently developed with one single-family dwelling, and have the potential to add another residence to the property. The remaining 77 lots are currently developed with two or more dwelling units per lot. However, of these 77 lots, only four parcels have been developed with dwelling units in separate structures.

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 October 10, 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).

The following requirements of the Marin Municipal Water District shall be met:

The applicants shall obtain a sewer permit from the 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.

All requirements of the Town Engineer shall be met.