SUBJECT: POTENTIAL AMENDMENT TO THE HILLSIDE DESIGN GUIDELINES

The Tiburon Hillside Design Guidelines provide guidance to the Design Review Board in its review of Site Plan and Architectural Review applications. The Guidelines were adopted by the Town in 1991, and have not been modified since that time.

Recently there has been discussion regarding language within a portion of the Hillside Guidelines relating to view protection. Goal 3, Principle 7.A. of the Guidelines reads as follows:

"View protection is more important for major ‘ceremonial’ rooms (living, dining, kitchen, deck) than for secondary rooms (bedroom, bathrooms, family room, etc.)."

There has been some confusion among Tiburon residents attempting to protect their views who have utilized the Hillside Guidelines and the Tiburon View Ordinance. The View Ordinance is intended to allow Tiburon residents to resolve disputes arising from trees or other vegetation on one property that grows into the views from another property. That ordinance defines "primary living area" as "the portion or portions of a residence from which a view is observed most often by the occupants relative to other portions of the residence.  The determination of primary living area is to be made on a case-by-case basis." 

Although it is clear that the Hillside Guidelines and the View Ordinance have different purposes, it may be helpful to use consistent language when referring to the portions of a residence for which view protection is most important. As "ceremonial rooms" is not a commonly used term in planning circles and is not reflected elsewhere in the Tiburon Zoning Ordinance, it would be recommended that the term "primary living area" be substituted for "ceremonial rooms" in this portion of the Hillside Guidelines.

Another issue in this same principle has to do with whether a family room should be considered an area which is afforded more view protection. As homes in Tiburon have grown steadily larger over the years, family rooms and so-called "great rooms" have often become a center of activity within these new homes, with living rooms often reserved for more formal occasions. The Design Review Board may wish to consider a modification to the list of rooms for which view protection is more important to add family rooms and great rooms.

The revised language for Goal 3, Principle 7.A. of the Guidelines could read as follows:

"It is more important to protect the views from the primary living areas of a dwelling (e.g. living room, dining room, family room, great room, kitchen, deck) than from less actively used areas of a dwelling (bedroom, bathroom, study, office, den)."

If the Design Review Board determines that the Hillside Design Guidelines should be amended to modify this or other sections, the appropriate action would be to adopt a resolution recommending such an amendment to the Town Council.

1. Goal 3, Principle 7.A. of the Hillside Design Guidelines