TO: DESIGN REVIEW BOARD

FROM: BRIAN LYNCH, ASSOCIATE PLANNER

SUBJECT: 19 CIBRIAN DRIVE; FILE #703023

MEETING DATE: MARCH 20, 2003 REVIEWED BY: DMW

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 modify a previously approved plan for a new single-family dwelling located at 19 Cibrian Drive. The property is currently under construction, which is the last property in the Hexan Precise Plan area to be developed. During a survey of the floor and roof elevations of the unfinished home, it was found that the overall height of the structure is 7 ½" taller than what was approved by the Design Review Board. The applicant has indicated that the interior ceiling and floor elevations are accurate. The discrepancy is caused by the foundation and baseline elevation being higher than what was approved.

BACKGROUND:

The Design Review Board held public hearings on January 6, February 17, and September 7, 2000, and reviewed the application for a new single-family dwelling on a property located at 19 Cibrian Drive. At all three public hearings there was a considerable amount of public testimony. Many of the concerns from the public were regarding the large size of the home, and its potential view impacts. After the applicant revised the project to address the concerns, the project was approved by the Board on September 7, 2000.

On October 18, 2000, the Town Council heard an appeal of the Board’s decision filed by the adjacent property owners. After much deliberation, the Council failed to pass a motion, so the decision of the Board was upheld. The minutes from the previous public hearings have been attached for reference.

Zoning

The property is located within the Hexan planned development area. As modified, the project appears to remain in conformance with the development regulations of the Hexan Precise Plan and the RPD zoning district.

Design issues

When reviewing potential view impacts it is necessary to refer to the Town’s Hillside Design Guidelines. Goal 3, Principle 7, of the Hillside Design Guidelines states that although some view blockage is inevitable, partial view blockage should be avoided whenever possible. View protection is most important for ceremonial rooms.

When the Board reviewed the original project on September 7, 2000, views from the residence at 15 Cibrian Drive were of particular concern. According to the administrative record the Board determined that the view impacts would be less than significant even though the project could be seen from ceremonial rooms. It was determined that the project was in conformance with the Hillside Design Guidelines in regards to view blockage.

However, the modified application presents a different scenario, which appears to increase the significance of the view impact. Therefore the Board should again review the project in respect to the Hillside Design Guidelines.

Public Comment

The applicant has submitted a letter further explaining the height discrepancy, and how the construction oversight occurred.

It is recommended that the Board review this project with respect to Zoning Ordinance Section 4.02.07 (Guiding Principles) and the Hillside Design Guidelines 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 February 21, 2003

DRB minutes dated January 6, 2000

DRB minutes dated February 17, 2000

DRB minutes dated September 7, 2000

Town Council minutes dated October 18, 2000

Excerpt from the Hillside Design Guidelines

A letter from the project applicant

Plans for the project

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 received by the Town of Tiburon on January 13, 2003. 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.