SUBJECT: 23 OLD LANDING ROAD; FILE # 703032

The applicant is requesting Design Review approval for the construction of a new two-story single-family dwelling on property located at 23 Old Landing Road. An existing one-story single-family dwelling on the site is proposed to be demolished.

The first floor of the proposed house would include three bedrooms, two bathrooms, study, media room, play room and laundry room. The second floor would include a master bedroom suite, living room, kitchen, dining room, family room and a powder room. An attached three-car garage would be situated adjacent to the first floor. A swimming pool would be installed in the rear yard. New wood fencing and concrete walls are proposed to be constructed along the property lines, along with an entry arbor and decorative iron pedestrian gate close to the front property line.

The proposed house would cover 2,553 square feet (12.0%) of the site, which is less than the maximum lot coverage permitted in the RO-2 zone. The proposed house would have a floor area of 3,896 square feet, with an 814 square foot garage, which is less than the maximum floor area permitted for a lot of this size.

The proposed house would be situated on a relatively level portion of the property. The house site would be situated above homes across Old Landing Road, but well below the level of the home to the rear at 4350 Paradise Drive. Existing residences on either side of this property are generally screened by mature vegetation along the side property lines.

The height of the proposed two-story house would be taller than the existing single-story structure on the site, but would not appear to create any significant view impacts on neighboring homes. The adjacent uphill residence at 4350 Paradise Drive is situated at a much higher level than the proposed house. The proposed house would also be screened by a dense line of mature vegetation behind the rear property line; this landscaping is located on the adjoining lot, and therefore controlled by the neighboring property owner. This landscaping should also provide privacy screening for the proposed swimming pool in the rear yard.

The actual two-story design of the proposed house would be generally consistent with the character of the surrounding neighborhood, which contains a number of other two-story structures. However, the siting of this structure on a relatively exposed, level portion of the property may create more visible building mass and bulk than other more concealed homes in the vicinity. Several neighboring property owners across Old Landing Road has expressed concerns regarding potential privacy impacts from the exposed upper floor windows of the proposed house, possibly resulting in unwanted views in nearby residential yards.

The Tiburon Planning Commission recently approved a two-lot subdivision of a nearby parcel at 2 & 4 Old Landing Road. During the review of that application, concerns were raised regarding the nature of future homes on the two lots, and potential incompatibility with the more rural character of the surrounding neighborhood. The Planning Commission addressed these concerns within adopted Resolution No. 2000-04 by limiting the floor area of the homes below the floor area ratios for these two lots. The Planning Commission also required that the Design Review Board, in its review of future residences on these lots, "carefully review height and orientation of the homes with respect to privacy and compatibility with the existing character of the Old Landing Road neighborhood."

The design of the proposed house raises similar concerns regarding the compatibility of this structure with the surrounding Old Landing Road neighborhood. The two-story stucco design of the house, sited on a relatively exposed portion of the property, would not appear to be in keeping with the more secluded, screened visual character of other homes in the vicinity. The Design Review Board should carefully evaluate the visual mass and bulk and potential privacy impacts of the proposed house design, and determine whether modifications should be made to address these potential concerns.

Six foot (6’) tall redwood fencing is proposed along portions of the side property lines. The submitted plans indicate that a 6 foot tall fence would be constructed on top of retaining walls along the northern (right) side property line; the combined wall and fence height would exceed the maximum allowable height of 6 feet within the required side yard setback. The applicant has agreed to modify the plans to comply with this height requirement.

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 6, 2003, or as amended by these conditions of approval. Any modifications to the plans of April 8, 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).

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