TO: Design Review Board

FROM: Brian Lynch, Associate Planner

SUBJECT: 87 Via Los Altos; File #702153

Site plan and architectural review for the construction of a retaining wall.

MEETING DATE: February 6, 2003 REVIEWED BY: DMW

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PROJECT DATA:

Owner: Mr. and Mrs. Jeff Oscodar

Applicant/Architect: Steve Schmidt

Address: 87 Via Los Altos

Assessor Parcel Number: 034-330-19

File Number: 702153

Lot Size: 20,228 square feet

Zoning: RPD (single-family residential planned)

General Plan: ML (medium-low 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 retaining wall at the rear of the property located at 87 Via Los Altos. The retaining wall would be located along the side and rear property lines at the southeast corner of the property. The area behind the retaining wall would be backfilled to create a relatively flat lawn area. The maximum height of the wall would be six feet. The total amount of grading for the project exceeds 50 cubic yards, which requires approval from the Design Review Board.

ANALYSIS:

Zoning

The project site is in the RPD zoning district, and is located within the La Cresta Precise Plan Area. In this development area, there are specific building envelopes defined for each lot. Generally, all buildings must be located within the defined building envelopes. According to the submitted plan, the proposed retaining wall would be located outside the building envelope for the subject property. In 1989, the La Cresta Precise Plan was amended to allow certain improvements outside the building envelope, if approved by the Board. The 1989 amendment includes the following statement:

"Unless otherwise approved by the Town of Tiburon, no improvements of any type, including fences, temporary or otherwise, shall be permitted outside of the building envelopes, except driveways, retaining walls, and other improvements associated with support driveways and decks. In addition, no planting of trees or shrubbery shall be allowed along the property boundaries which would have the effect of fencing the property."

As with any Design Review application, the Board has full discretionary authority over the construction of the retaining wall. If the Board finds that the retaining wall is appropriate for the site, then the project can be considered consistent with the La Cresta Precise Plan.

Design Issues

The proposed retaining wall would be constructed of concrete, would reach a maximum height of six feet, and would require more than 170 cubic yards of grading. The retaining wall would be located in an area where it could be clearly seen from the neighboring property to the south at 81 Via Los Altos. To help alleviate the visual impact, the project has been conditioned to ensure that the exterior surface of the wall match the existing gray/stone retaining walls on the property. The project would not appear to have any significant impacts on the remaining homes in the vicinity.

 Public Comment

To date, no public comment has been received regarding this application.

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 September 16, 2002.

Approved building envelope for 87 Via Los Altos

Memo from Director Anderson explaining the building envelope restrictions

Resolution adopting amended conditions of approval for La Cresta subdivision

Plans for the project

EXHIBIT 1

CONDITIONS OF APPROVAL

87 Via Los Altos

FILE #702153

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 September 16, 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 retaining wall shall have an exterior finish of gray stone to match the existing retaining walls on the site.