SUBJECT: 83 ROUND HILL ROAD; FILE # 20304

The applicant is requesting Design Review approval for the construction of a new two-story single-family dwelling on property located at 83 Round Hill Road. The subject property is currently vacant.

The upper level of the proposed house would include a living room, kitchen, dining room, family room and den. The lower level would include a master bedroom suite, three additional bedrooms and two more bathrooms. An attached two-car garage would be situated adjacent to the upper level, and a detached one-car garage would be situated to the side of the house. The proposed project would also include improvements to the private roadway that provides access to this site, three existing homes and three adjacent vacant lots.

The proposed house would cover 3,216 square feet (15.0%) of the site, which is the maximum lot coverage permitted in the RO-2 zone. The floor area of the proposed house would be 3,968 square feet, which is less than the maximum floor area permitted for a lot of this size.

The proposed house would extend to within 15 feet of the eastern (front) property line. As a 30 foot front yard setback is required in the RO-2 zone, a Variance is requested for reduced front yard setback.

The subject property is the westernmost of four vacant lots lying south and west of Round Hill Road. Access is provided to the site by a private roadway that also serves the existing homes at 75, 85 & 95 Round Hill Road. The applicant intends to construct a new driveway leading off this private roadway to serve the four vacant lots. Improvements are also proposed for a small portion of the roadway near the entrance to Round Hill Road that is currently within the Town right-of-way.

The subject property slopes down from northern property line to the southwest. A stand of oak trees and other vegetation currently occupies much of the lower portion of the site, along with a small creek that crosses the lot.

The story poles erected for the proposed house appear to indicate that the height of the structure would generally not exceed the height of the existing oak treeline below. The house would not appear to block views of Belvedere Lagoon for the existing homes above the site at 85 and 95 Round Hill Road.

The trees at the lower portion of the property would appear to limit the views from the proposed house to portions of Belvedere Lagoon and San Francisco view. Although the proposed house design is oriented toward this view by its placement of the living room and deck at the southeast corner of the building, there may be pressure from future homeowners to remove the remaining trees to open up other views to the south. The location of several story poles among the oak trees would also indicate that several of these trees would either be removed or are likely to be damaged during the construction of the proposed house. The story poles also indicate that the house would be situated relatively close to the creek running across the property. The Design Review Board should evaluate whether the house should be pushed somewhat further up the site to reduce the potential conflicts with these trees and the creek. It is also recommended that a tree protection plan be required prior to issuance of a building permit for this house.

As previously noted, the applicant proposes to construct an extended driveway leading to four currently vacant lots, and also make some modifications to the existing private roadway. The new driveway extension would run roughly parallel to and below the existing private roadway, and would include several new parking bays to provide guest parking for existing and future residences. The Tiburon Fire Protection District has requested a restriction requiring that the main roadway of both driveways be kept open and clear of parked vehicles to provide adequate emergency access to these properties. An existing oak tree is located at the approximate intersection of the existing private roadway and proposed driveway; the driveway design should be modified to preserve this tree.

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 front 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.

The subject property is situated at the end of a long private roadway easement, with no frontage onto a public street. The lot also is bordered by a number of mature oak trees and a creek crossing the property. These physical characteristics are special circumstances that would deprive the owners of this property of development privileges enjoyed by other properties in the vicinity if the required front yard setback is strictly applied to this site.

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.

A number of other properties along Round Hill Road have previously received variances for reduced front yard setbacks, including homes at 97, 222, 270 & 300 Round Hill Road.

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

The strict interpretation of the required front yard setback would force the proposed house to be shifted into a grove of mature oak trees on the site. The removal of these trees would eliminate needed visual and privacy screening for this house, creating a practical difficulty for 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.

As previously noted, the proposed house would not result in any significant view or privacy impacts on nearby homes, and therefore 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 March 11, 2003, or as amended by these conditions of approval. Any modifications to the plans of March 11, 2003, must be reviewed and approved by the Design Review Board.

3.    Plans submitted to the Building Division 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 Division 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 Planning Division 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 Planning Division 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 Division 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:

a.    The structure shall have installed throughout an automatic fire sprinkler system in accordance with NFPA standard 13-D. The system design, installation and final testing shall be approved by the District Fire Prevention Officer (UFC 1003).

b.    Approved smoke alarms shall be installed to provide protection to all sleeping areas (UBC 1210).

c.    Approved spark arresters shall be installed on chimneys (UFC 1101).

d.    A greenbelt shall be provided by cutting and clearing all combustible vegetation within 30 feet of the structure (UFC 1103).

e.    A "Jones" model 3740 fire hydrant shall be located on the street within 350 feet of the project along the fire apparatus access route. The final location of the hydrant shall be approved by the Fire District. The fire hydrant shall be capable of flowing a minimum of 1,000 gallons per minute at 20 psi residual pressure for a duration of two hours (UFC 903).

f.    The access road shown on the improvement plans is not of adequate width to allow for any parking outside of the designated parking spaces. Appropriate signage shall be installed indicating that parking is prohibited along the main traveled roadway, and enforceable CC&R’s or deed restrictions shall be placed to maintain the area free for emergency vehicle access at all times.

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