TO: Design Review Board

FROM: Brian Lynch, Associate Planner

SUBJECT: 3 Francisco Vista Court; File #702183

Site plan and architectural review for the construction of a new single-family dwelling.

MEETING DATE: February 6, 2003 REVIEWED BY: DMW

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PROJECT DATA:

Owner: Farzin and Jila Faili

Applicant/Architect: Mohamad Sadrieh

Address: 3 Francisco Vista Court

Assessor Parcel Number: 039-111-11

File Number: 702183

Lot Size: 40,601 square feet

Zoning: RO-2 (single-family residential open)

General Plan: M (medium density residential)

Flood Zone: C

Date Complete: November 14, 2002

CEQA Exemption: February 6, 2003

Permit Streamlining

Act Deadline: April 5, 2003

 PRELIMINARY ENVIRONMENTAL DETERMINATION:

Town Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303.

PROPOSAL:

The applicant has submitted a request to construct a new single-family dwelling located at 3 Francisco Vista Court. The property is currently developed with single-family residence that is proposed to be demolished. The property is a flag lot accessed down a private driveway from Francisco Vista Court. The property contains some steep slopes, but the area of the existing home and driveway are relatively level.

The proposed home is a two-story structure that steps down the slope, with the living areas at the driveway level, and the bedrooms located below. The upper level consists of a three-car garage, family room, dining room, living room, kitchen and a study. An exterior deck extends to the south of the structure, directly above the lower level. The lower level consists of the master suite, three additional bedrooms, two additional bathrooms, and a laundry closet.

Other features of the project include the enlargement of the parking/turnaround area and the installation of retaining wall in front of the garage. On a lower terrace to the east of the residence would be a swimming pool along with landscaped areas. The significant new vegetation on the site would include three Pittosporum trees near the west property line, and seven 24"-box Buckeye trees on the south side of the residence. The five significant Pine trees near the existing home are proposed to be removed.

The floor area of the proposed home is 4,985 square feet in size, and covers approximately 12.3% of the property. The size of the residence meets the requirements for both lot coverage and floor area for the site.

ANALYSIS:

Zoning

As proposed, the project appears to be in conformance with the development regulations of the RO-2 zoning district.

Design issues

The proposed home would be located in the same general area of the existing structures, but its design would be significantly different. The architecture would be much more modern, and the structure would be more integrated with the site. The residence would maintain a low profile as viewed from the front. There would be hipped roofs throughout with two low gabled features above the front entrance.

The rear elevation of the building would appear taller than the front because of the stepped design of the structure. While the upper level maintains a low roof profile, a tall wall would be created below the lower level at the rear of the residence. While this configuration can sometimes give the appearance of a bulky, heavy structure, the building would be built into the hillside, reducing its overall visual impact, and reducing the amount of under-story area. The few homes that have a view of the rear elevation of the building are a significant distance away from the building site. Therefore, it appears that the proposed home would not have significant impact on views, privacy, light and air with the properties to the north, south and east.

However, the proposed home could have an adverse impact on the property to the west located at 5 Francisco Vista Court. Even though the project meets the required 15 foot setback from the property line, the proposed structure would be relatively close to the property next door, when taking into consideration the size of the applicant’s property. It is recommended that the Design Review Board consider the possible impacts of the project on the residence at 5 Francsico Vista Court.

The location of the pool and the lawn area are somewhat discontinuous with the main structure. Although this is often discouraged, the property is large, and the pool is not in close proximity to structures on other properties.

The colors and materials of the home are indicated on a color and materials board that will be available for review at the Board meeting. The roof would be comprised of dark gray composition shingles and the siding would be stained wood shingles. There would be stone accents on the front of the structure.

Public Comment

There has been much correspondence regarding the subject application between the applicant and some adjacent neighbors. Most concerns stem from the history and possible instability of the hillside along the shared and private driveway leading to the subject property from Francisco Vista Court. Some of the adjacent residents contest that the integrity of the hillside above this driveway may be undermined during the construction process. Other concerns are regarding the potential drainage problems of the site. While these concerns may be valid, they are generally not within the purview of the Design Review Board. Geotechnical and hydrological conditions of the site, and engineered drainage and grading plans are reviewed by the Town’s Building Division at the time a building permit is submitted.

Letters have been submitted by, and on behalf of, Mr. Jeff Bowden, owner of 5 Francisco Vista Court, regarding the potential privacy impact of the project on Mr. Bowden’s home. The letters state that the west property line should be considered the front lot line, which would cause the proposed home to be located at least 30 feet from Mr. Bowden’s property.

A letter submitted by Mr. Philip Allen, owner of 168 Avenida Miralflores, expresses a concern of the proposed swimming pool in respect to its location in a "pastoral" setting, its potential view impacts, and its potential noise impacts.

All correspondence has been attached for reference.

RECOMMENDATION:

It is recommended that the Board review this project with respect to Zoning Ordinance Section 4.02.07 (Guiding Principles) and determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303. If the Board finds that the design of the project is consistent with the Guiding Principles for Site Plan and Architectural Review, then it is recommended that the project be approved with the attached Conditions of Approval.

 EXHIBITS:

Conditions of Approval

Application and supplemental materials dated November 1, 2002

A memo dated December 12, 2002, from the Director of Public Works/Town Engineer

A letter received December 13, 2002, from Mr. Jeff Bowden, owner of 5 Francisco Vista Court

A letter received December 17, 2002, from Mr. and Mrs. Ed Clock, owners of 150 Avenida Miraflores- attachments available upon request

A letter received December 18, 2002, from Dr. and Mrs. James McCray, owners of 7 Francisco Vista Court

A letter received December 19, 2002, from Mr. and Mrs. Ed Clock

A letter received January 8, 2003, from Mr. and Mrs. James Holder, owners of 8 Francisco Vista Court

A memo received January 21, 2003, signed by six (6) residents in the vicinity

A letter received January 23, 2003, from Mr. Scott M. Phillips, attorney for the applicant- with attachments

A letter received January 27, 2003, from Mr. Ed Clock- with attachments

A letter received January 28, 2003, from Mr. Ed Clock

A letter received January 28, 2003, from Ms. Gail Lester, Co-Moderator with Community Congressional Church, 146 Rock Hill Road

A letter received January 29, 2003, from Mr. Philip Allen, owner of 168 Avenida Miraflores

Plans for the project

EXHIBIT 1

CONDITIONS OF APPROVAL

3 Francisco Vista Court

FILE #702183

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 November 1, 2002, and the plans dated January 21, 2003, 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.    The location of the story poles must be certified by a licensed surveyor. Any changes in the story poles must be approved by the Design Review Board, prior to the issuance of a building permit.

8.    Prior to under-floor 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.

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

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

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

A High Water Pressure Water Service application shall be completed.

A copy of the building permit shall be submitted.

Appropriate fees shall be paid.

The structure’s foundation shall be completed within 120 days of the date of application.

The applicant shall comply with the District’s rules and regulations in effect at the time service is requested.

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