Staff Report

PROJECT DATA

Address: 141 Taylor Road

Assessor=s Parcel Numbers: 38-071-20 & 22

File Number: 60201

General Plan: Medium Low Density Residential

Zoning: RO-1 (Single-Family Residential-Open)

Subdivision: Lands of Engel (Lot 1)

Property Size: 66,980 square feet

Current Use: Vacant lot

Owners: Douglas and Birgitta Engel

Applicant: Mohamad Sadrieh

Date Complete: April 25, 2002

Permit Streamlining Act Deadline: July 16, 2002

PROJECT DESCRIPTION

A proposal has been made to modify the approved building envelope for a vacant lot located at 141 Taylor Road. The purpose is to achieve a superior house location and design that would address concerns of an affected neighbor at 131 Taylor Road. The building envelope was established as part of a tentative subdivision map approved by the Planning Commission in 1999. The applicants are therefore requesting that the tentative map and subsequent parcel map for this property be amended to modify the building envelope.

The revised building envelope modification would generally move the envelope further to the southwest (up the site, and away from the adjoining property at 131 Taylor Road) by 2 to 11 feet. The size of the building envelope would be reduced from 11,480 square feet to 8,850 square feet (see Exhibit 7).

BACKGROUND

On September 8, 1999, the Planning Commission adopted Resolution No. 99-16 approving a tentative map to subdivide a 3.15 acre parcel into two lots. A parcel map for this subdivision was approved by Town Council Resolution No. 3421, adopted on June 7, 2000.

As part of this subdivision, building envelopes were established for both lots. The building envelope created for Lot 2 (151 Taylor Road) was designed in accordance with the layout of a future house that had already received Site Plan and Architectural Review approval from the Design Review Board; this house is currently under construction. The building envelope for Lot 1 (141 Taylor Road) was intended to allow the siting of a single-family dwelling that would not significantly impact any nearby homes.

The Planning Commission expressed concern about potential impacts of a future home on Lot 1 on the downhill neighboring residence at 131 Taylor Road. The Commission included several conditions of approval within Resolution No. 99-16 giving direction to the Design Review Board to consider "the height and mass of the structures from the perspective of the downhill neighboring residence at 131 Taylor Road," and requiring "landscaping designed to mitigate the concerns of the downhill neighbor."

The applicants subsequently submitted a Site Plan and Architectural Review application for a residence on Lot 1 that was consistent with the building envelope indicated on the tentative map for this property. During the July 19, 2001 Design Review Board review of this application, the property owner of 131 Taylor Road raised concerns regarding the siting and mass of the proposed house. The Design Review Board shared some of these concerns, and determined that the design of the proposed house was too massive and did not appropriately utilize the approved building envelope for this property. The applicants indicated a reluctance to redesign the proposed residence, and requested action by the Board; the application was then unanimously denied by the Board.

The applicants subsequently appealed the Board’s decision to the Town Council. At the September 19, 2001 meeting, the Council unanimously voted to remand the application back to the Design Review Board, with the stated goal of designing the house to mitigate the impacts previously stated by the Design Review Board and Planning Commission, and to grant the applicants the latitude to go back to the Planning Commission to amend the building envelope, if so desired.

On February 7, 2002, the applicants presented revised conceptual plans for a house on this site to the Design Review Board that coincided with the modified building envelope currently proposed. The proposed house would be located outside the approved building envelope for this property, and could not be approved by the Design Review Board without first obtaining Planning Commission and Town Council approval of an amendment to the tentative map for this subdivision. The consensus of the Board was that the revised house design was a significant improvement over the previously submitted design; the Board encouraged the Planning Commission to approve the building envelope modification necessary to site a house at this location.

Zoning Compliance and General Plan Consistency

The Planning Commission reviewed the original tentative map and found it to be in compliance with the requirements of Section 14-3.6 of the Tiburon Subdivision Ordinance. These same findings, summarized as follows, should be used in evaluating the proposed building envelope amendment:

a. Plan Consistency. The Planning Commission previously determined that the tentative map was consistent with the principles of General Plan Land Use Policy LU-19 relating to subdivision of existing lots. This analysis addressed issues relating to access, lot slope, ridgelines, surrounding pattern of development, trees, and provision of basic services. The proposed modified building envelope would not affect any of these concerns.

b. Design or Improvement. The slope of the subject lot and the provision of appropriate access by a driveway off Taylor Road would be consistent with the General Plan Land Use policy regarding subdivision of existing lots.

c. Type of Development. The modified building envelope would make the subject lot more suitable for the development of a single-family dwelling than the currently approved envelope.

d. Density of Development. The lot size in excess of 1.5 acres would be unchanged, and is suitable for the proposed density of development.

Fish or Wildlife. The subject property is situated within an area that is generally developed. The ecological reconnaissance prepared for this property did not indicate the presence of any endangered or threatened animal species on the site. Adequate open area would remain outside the modified building envelope to allow animals to continue to traverse the property after construction of a home on the site.

f. Public Health. The design of the modified building envelope has no characteristics that would cause significant public health problems.

g. Access. The access to the subject lot would continue to utilize Taylor Road. The modified building envelope would not conflict with any access easements in the area.

h. Dedications. There are no land or improvements proposed to be dedicated to the Town as part of this project.

i. Discharge of Waste. The proposed house on this lot would be required to hook up to the public sewer system, in conformance with Town of Tiburon requirements.

j. Regional Housing Needs. The subdivision of this property allowed the construction of an additional new single-family home, which would be compatible with the need to construct additional housing within the Southern Marin area.

ENVIRONMENTAL STATUS

The project is categorically exempt from the requirements of CEQA per Section 15305 of the CEQA Guidelines.

CONCLUSION

The building envelope originally approved as part of the tentative map for the subdivision of this property inadvertently contributed to a house proposal on this lot that would be too massive when viewed from the adjacent home at 131 Taylor Road. The proposed building envelope modification would allow the applicants the ability to design a single-family residence on this property that would result in fewer visual impacts on the neighboring home, in a manner consistent with the direction given to the Design Review Board as part of Resolution No. 99-16. The Design Review Board unanimously endorsed this envelope modification as an appropriate means of achieving the best design solution for a residence on this site.

RECOMMENDATION

Staff recommends that the Planning Commission hold a public hearing on this item and adopt the draft resolution amending the tentative map.

EXHIBITS

1. Draft resolution

2. Application form and supplemental materials

3. Planning Commission Resolution No. 99-16

4. Minutes of the February 7, 2002 Design Review Board meeting

5. Minutes of the July 19, 2001 Design Review Board meeting

6. Minutes of the September 19, 2001 Town Council meeting

7. Site plan, conceptual floor plans and elevations, and building envelope study