TO: DESIGN REVIEW BOARD

FROM: BRIAN LYNCH, ASSOCIATE PLANNER

SUBJECT: 544 COMSTOCK DRIVE; FILE #703075

SITE PLAN AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING.

MEETING DATE: JUNE 19, 2003 REVIEWED BY: DMW

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PROJECT DATA:

OWNER: TOM & HEATHER COOPER

APPLICANT/ARCHITECT: GREGORY JOHNSON

ADDRESS: 544 COMSTOCK DRIVE

ASSESSOR PARCEL NUMBER: 055-081-07

FILE NUMBER: 703075

LOT SIZE: 10,232 SQUARE FEET

ZONING: R-1 (SINGLE-FAMILY RESIDENTIAL)

GENERAL PLAN: MH (MEDIUM-HIGH DENSITY RESIDENTIAL)

FLOOD ZONE: C

DATE COMPLETE: JUNE 2, 2003

CEQA EXEMPTION: JUNE 19, 2003

PERMIT STREAMLINING

ACT DEADLINE: AUGUST 18, 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 544 Comstock Drive. The property is located on the downhill, or west side, of Comstock Drive. The property is currently developed with a single-family dwelling, which is proposed to be demolished. The existing home is 1,874 square feet in size in addition to an attached carport. The existing home has two bedrooms, two bathrooms, living areas, a kitchen, and a wine cellar underneath.

The proposed project would make use of much of the existing structure. The existing carport would be enclosed to create a two car garage, and a foyer area would be created between the existing carport and entrance to the property. Most of the new construction would occur on the front of the building, essentially bringing the existing structure closer to the street. The remaining part of the new construction would be located at the rear of the residence off of the living room and dining room. The new home would consist of living areas, dining room, kitchen, play room, laundry room, master suite, two additional bedrooms and two additional bathrooms. The existing wine cellar beneath the home would be converted to an office. A portion of the new living room would be cantilevered over the over the new office.

Other site improvements, including landscaping, would be limited because much of the existing improvements would be maintained. To accommodate the proposed construction, the existing upper-level deck at the rear of the residence would be removed, along with some of the existing vegetation in the front yard.

The floor area of the proposed home is 2,876 square feet square feet, and the home would cover approximately 26.3% of the property. The size of the residence meets the requirements for both floor area and lot coverage.

ANALYSIS:

Zoning

It is apparent that two areas of the existing home do not comply with the required side yard setbacks for the property. Specifically, the north side of the carport wall and the south side of the existing residence are less than the required eight feet from the property line. These parts of the structure are considered legal non-conforming, and can remain as long as the non-conformity is not exacerbated. Although the project is considered new construction, the above mentioned non-conforming aspects of the existing structure would be maintained. Because the non-conforming aspects are not being exacerbated, the project appears to be in conformance with the development regulations of the R-1 zoning district.

Design issues

It appears that there would be much under-floor area created as a result of this project. This situation is typically discouraged by the Board because under-floor spaces are easily converted, sometimes illegally, to living space. Although the crawl space would be taller than what is typically seen, the potential for this area to be converted to living space is curtailed by the fact that the existing and proposed foundation slabs create a permanent "ceiling" height of only five feet. While some of the crawl space may be used as storage, it is clear that the structure would be limited to the floor area on the main level and the proposed office downstairs.

The proposed home would maintain much of the architectural features of the existing home. The proposed residence would appear to be a single story structure from the street, and the roofline would be a combination of low sloping roofs and flat roofs. These features minimize the appearance of mass and bulk, and also reduce the potential for view impacts. The project would upgrade the off-street parking facilities for the project, which is typically encouraged by the Board.

The home is proposed to be comprised of stained wood rather than the existing horizontal lap siding, with a new wood front door and garage door. All of the existing windows would be replaced, and the new windows would be a combination of casement and gliding windows. Three skylights would be installed; one on the north side of the roof, and two on the south side of the roof. The color of the house would be grey with black and white trim. A colors and materials board will be available for review at the Board meeting. Staff foresees no design issues with the proposed project.

Public Comment

To this date, no correspondence regarding this application has been submitted, although the applicant has indicated that most of the property owners in the vicinity have been contacted and are in support of the proposed project.

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 May 14, 2003.

Plans for the project

EXHIBIT 1

CONDITIONS OF APPROVAL

544 Comstock Drive

FILE #703075 

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 and plans dated by the Town of Tiburon on May 14, 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 exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures.

6.    No lighting shall be installed in the well of the skylights, and the skylights shall be tinted in a non-reflective manner.

7.    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.

8.    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 310).

c.    Approved spark arresters shall be installed on chimneys (UFC 1109).

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

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

a.    A copy of the building permit shall be submitted.

b.    Appropriate fees shall be paid.

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

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