HomeMy WebLinkAboutTC Agd Pkt 2014-05-07 (2)To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
May 7, 2014
Agenda Item: ,/�
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Subject: 55 Monterey Drive; File No. 31402; Request to Amend the Cypress
Hollow Precise Development Plan (PD #45) to Create a New Secondary
Building Envelope; Sarnia and Derek Robson, Owner; Silas Edman, Jr.,
Applicant; Assessor's Parcel No. 034 - 395 -03
Reviewed By:
PROJECT DATA
Address:
Assessor's Parcel Number:
File Number:
Lot Size:
Zoning:
Precise Plan:
General Plan:
Current Use:
Owners:
Applicant:
BACKGROUND
55 Monterey Drive (Lot 42, Cypress Hollow)
034 - 395 -03
31402
10,371 square feet
RPD (Residential Planned Development)
Cypress Hollow Precise Development Plan ( #45)
M (Medium Density Residential)
Single - Family Residential
Sarnia and Derek Robson
Silas Edman, Jr.
This application is proposing an amendment to the Cypress Hollow Precise Development Plan for
property located at 55 Monterey Drive. The applicant proposes to create a secondary building
envelope on the south side of the property to install a swimming pool. On April 9, 2014, the
Planning Commission adopted Resolution No. 2014 -05 (Exhibit 2) recommending to the Town
Council that the Precise Development Plan amendment be approved.
PROJECT DESCRIPTION
The Cypress Hollow Precise Development Plan was originally approved in 1988 by the Marin
County Board of Supervisors. The precise development plan established building envelopes for
the 44 lots within the precise development plan. This subdivision was annexed into Tiburon in
1999.
The owners of the property propose to establish a 700 square foot secondary building envelope on
the southern rear side of the property, with a depth of seventeen feet (17') and a length of forty -
one feet (41') to allow for the installation of a swimming pool.
TOWN OF TIBURON PAGE 1 OF 3
Tmvn COUneli Meeting
May 7.2014
ANALYSIS
The subject site is located at the end of a private driveway off Monterey Drive. The lot slopes
downward towards the street. The property is surrounded by existing single - family dwellings and
open space. A private open space easement extends along the west side and rear of the lot. The
proposed secondary building envelope would be situated adjacent to the approved building
envelope and would extend to the open space easement at one point (see Exhibit 1 drawings of
the proposal).
The proposed secondary building envelope would not appear to create privacy or noise impacts to
the adjacent homes at 65 Monterey Drive, 45 Monterey Drive, and 10 Monterey Drive. The pool
would not be visible from the uphill residence at 65 Monterey Drive because the new
improvements would be blocked by the existing dwelling at the subject site. The downhill home
at 10 Monterey Drive is across the street and there is an open space buffer between the neighbors.
The residence at 45 Monterey Drive is at the same elevation as the subject property, but the
proposed improvements would be screened by existing landscaping and fencing and most of the
windows on the neighbor's house facing the proposed envelope are relatively small. Vegetation
within the private open space easement screens the envelope location fiom nearby homes to the
west in a portion of unincorporated Marin County.
REVIEW BY THE PLANNING COMMISSION
The Planning Commission held a public hearing on this application at its April 9, 2014 meeting.
There was no public comment on the application at the meeting. The Planning Commission
raised concerns regarding potential noise impacts on neighbors from the proposed pool
equipment for the adjacent neighbors, but the applicant explained that the new equipment would
be covered and located within the existing building envelope on the side of the house. The
Commission recommended a condition of approval requiring that the pool equipment be located
within the pre- existing building envelope on the west side of the house. The Planning
Commission found the application to be in conformance with the Cypress Hollow Precise
Development Plan and the Tiburon General Plan, and voted 4 -0 to recommend approval of the
application to the Town Council with conditions (see Exhibits 2 -4 for Planning Commission
proceedings).
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the subject application is categorically exempt from the
requirements of CEQA per Section 15301 of the CEQA Guidelines.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on this item
2. Adopt the draft Resolution (Exhibit 5) finding the project exempt from CEQA and
conditionally approving the application.
TO-WNOF TIM -RON Pag _ 01 3
Exhibits:
Town COUnCII �IkCting
May 71 201 +
1. Application form and supplemental materials
2. Planning Commission Resolution No. 2014 -05
3. Planning Commission Staff Report dated April 9, 2014
4. Draft Minutes of the April 9, 2014 Planning Commission Meeting
5. Draft Resolution
Prepared By: Kyra O'Malley, Assistant Planner
or I ❑i1Bi)A _ Page 303
'I� MAR 05 201a Ill
TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
TYPE OF APPLICATION
.L O Conditional Use Permit
l m9'l APrecise Development Plan
• Secondary Dwelling Unit
• Zoning Text Amendment
• Rezoning or Prezoning
• General Plan Amendment
O Change of Address
0 Design Review (DRB)
0 Design Review (Staff level)
O Variance
• Floor Area Exception
• Tidelands Permit
• Sign Permit
• Tree Permit
• Tentative Subdivision Map
• Final Subdivision Map
• Parcel Map
• Lot Line Adjustment
O Condominium Use Permit
O Certificate of Compliance
o Other
APPLICANT REQUIRED INFORMATION
SITE ADDRESS: - 7 PROPERTY SIZE:
PARCEL NUMBER: ZONING: PD-45
cypress t�
OWNER OF PROPERTY:
MAILING ADDRESS:
PHONE NUMBER: q
APPLICANT: (Other than Property
MAILING ADDRESS: 8 (a
PHONE NUMBER:
ARCHITECT /DESIGNER/ENGINEER:
MAILING ADDRESS: 15"
Please indicate with an asterisk (`) persons to whom Town correspondence should be sent.
PROPOSED
sheet
I, the undersigned owner (or authorized agent) of the property herein described, hereby make application
for approval of the plans submitted and made a part of this application in accordance with the provisions
of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best
of my knowledge and belief.
I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town
grants the approval, with or without conditions, and that action is challenged by a third party, I will be
responsible for defending against this challenge. I therefore agree to accept this responsibility for
defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless
from any costs, claims or liabilities arising from the approval, including, without limitation, any award of
attorney's fees that might result from the third party challenge.
'Signature: �II� 7 /V 1 V Date:
1f other than owner, must have letter from owner
- DEPARTMENTAL P,RUGt55JNWlN1•VK1V1A1 iU1ry do.
'Fee Deposit 4 I54D'^
Application No:311-4D2 GP Deslgnatio`n
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Date Received: 31rjIZDI9- ,Received 13,r.
Date DeemedlComplete[ 3H'IV"
- Receipt# L
BY:
Acting Body: ` Action:
-. Date:
Conditions of- Approval or,Commentw-
'Resolution or Ordinance. #:
EXHIBIT NO.-
RESOLUTION NO. 2014- 05
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF
AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN ( 445)
TO CREATE A SECONDARY BUILDING ENVELOPE
FOR PROPERTY LOCATED AT 55 MONTEREY DRIVE
ASSESSOR PARCEL NO. 034-395-03
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Sectiori 1. Findings.
A. The Town has received and considered an application filed by Silas Edman, Jr. for an
amendment to the Cypress Hollow Precise Development Plan (PD #45) to create a new
secondary building envelope at 55 Monterey Drive. The application consists of the
following:
1. Application form and supplemental materials, dated March 5, 2014
2. Site Plan and Building Envelope Plans, dated March 5, 2014
B. The Planning Commission held a duly- noticed public hearing on April 9, 2014, and heard
and considered testimony from interested persons.
C. The Planning Commission has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15301 of the CEQA Guidelines.
D. The Planning Commission finds, based upon application materials and analysis presented
in the April 9, 2014 Staff Report, as well as visits to the site and testimony received from
the applicant, that the project is generally consistent with the overall intentions of the
Cypress Hollow Precise Development Plan. The secondary building envelope would
improve the ability to fully utilize the outdoor living areas of the subject property without
resulting in any impacts on nearby homes, and in a manner consistent with neighboring
properties, and is very limited in scope.
E. The proposed project has been reviewed by consistency with the Tiburon General Plan
and with the requirements of the Tiburon Zoning Ordinance regarding precise plan
amendments. Land use Element Policy LU -5 states that "new development shall be in
harmony with adjacent neighborhoods and open spaces." As noted previously,
establishing a secondary building envelope along the southern side of the property would
not appear to impact the surrounding properties or the existing open space to the south
and west of the subject site.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
TIBURON PLANNING COMMISSION RESOLUTION NO. 2014-05 April 9, 2014
EXHIBIT NO._
P910F3
approval of the secondary building envelope for 55 Monterey Drive of the Cypress Hollow
Precise Development Plan (PD #45) to the Town Council, subject to the following conditions:
The approved secondary building envelope for the property at 55 Monterey Drive
shall be amended as reflected on the Site Plan, prepared by Silas Edman, Jr., dated
March 5, 2014, attached as Exhibit "A."
2. The secondary building envelope shall be utilized only for construction of pools
as shown in the plans on file with this application. Other additions or structures
shall be prohibited within the secondary building envelope area.
3. The pool equipment shall be located within the established primary building
envelope on the west side of property.
4. This Precise Development Plan Amendment approval shall be valid for 36 months
following its effective date, and shall expire unless subsequent zoning and/or
building permits have been issued pursuant to this approval. A time extension
may be granted if such request is filed prior to the expiration date.
5. This approval shall in no way alter other provisions of the Cypress Hollow Precise
Development Plan not specifically described herein.
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on
April 9, 2014 by the following vote:
AYES: COMMISSIONERS: WELLER, WELNER, CORCORAN, KULIK.
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
LOU WELLER, CHAIR
Tiburon Planning Commission
046mw
KYRA O'MALLEY, SECRETARY
Attachment: Exhibit A: Site Plan dated March 5, 2014
TIBURON- PLANNING COMMISSION RESOLUTION NO. 2014 -05 April 9, 2014
EXHIBIT NO
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TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To: Members of the Planning Commission
From: Community Development Department
Planning Commission Meeting
April 9, 2014
Agenda Item: 2
Subject: 55 Monterey Drive; File No. 31402; Request to Amend the Cypress
Hollow Precise Development Plan (PD #45) to Create a New Secondary
Building Envelope; Sarnia and Derek Robson, Owner; Silas Edman, Jr.,
Applicant; Assessor's Parcel No. 034 - 395 -03
RevieWed By:
PROJECT DATA
Address:
Assessor's Parcel Number:
File Number:
Lot Size:
Zoning:
Precise Plan:
General Plan:
Current Use:
Owners:
Applicant:
ENVIRONMENTAL REVIEW
55 Monterey Drive (Lot 42, Cypress Hollow)
034 - 395 -03
31402
10,371 square feet
RPD (Residential Planned Development)
Cypress Hollow Precise Development Plan (PD #45)
M (Medium Density Residential)
Single - Family Residential
Sarnia and Derek Robson
Silas Edman, Jr.
Staff has preliminarily determined that the subject application is categorically exempt from the
requirements of CEQA per Section 15301 of the CEQA Guidelines.
PROJECT DESCRIPTION
The project is the proposed amendment to a precise development plan (the Cypress Hollow
Precise Development Plan) for property located at 55 Monterey Drive. The applicant proposes to
establish a secondary building envelope for the property for the purposes of installing a
swimming pool and pool equipment. No expansion or reduction in the size of the primary
building envelope is proposed. The property is currently developed with a single - family dwelling
and is bordered by single- family dwellings to the north and east and open space to the west and
south.
The applicants propose to establish a 700 square foot secondary building envelope on the
southern rear side of the property, with a depth of seventeen feet (17') and a length of forty -one
TOWN OF TIBURON
WE
py.10F3
PAGE I OF 3
Planning Commission' ecting
April 9. 2014
feet (41') to allow construction of the proposed improvements. This area currently contains a
lawn area with a variety of landscaping.
' I TOT
The Cypress Hollow Precise Development Plan was originally approved in 1988 by the Marin .
County Board of Supervisors. County Resolution No. 88 -252 (Exhibit 3), which currently
governs this precise plan, established building envelopes for each lot. This subdivision was
annexed into Tiburon in 1999.
ANALYSIS
Project Design
The subject site is located at the end of a private driveway off Monterey Drive. The lot slopes
downwards towards the street. The property is surrounded by existing single - family dwellings
and open space. The existing dwelling spans most of the building envelope, except for a small
portion to the rear of the home. A private open space easement extends along the west side and
rear of the lot. The proposed secondary building envelope would be situated adjacent to the
approved building envelope and would extend to the open space easement at one point.
The applicants propose to install a swimming pool and pool equipment in the rear of the home,
adjacent to existing decks. The proposed improvements would face the private open space and
would not be visible from the roadway because of existing vegetation and fencing.
The proposed secondary building envelope would not appear to create privacy or noise impacts to
the adjacent homes at 65 Monterey Drive, 45 Monterey Drive, and 10 Monterey Drive. The pool
and equipment would not be visible from the uphill neighbor at 65 Monterey Drive because the
new improvements would be blocked by the existing home at the subject site. The downhill
neighbor at 10 Monterey Drive is across the street and there is an open space buffer between the
neighbors. The neighbors at 45 Monterey Drive are at the same elevation as the subject property,
but the proposed improvements would be screened by existing landscaping and the most of the
windows on the neighbor's house facing the proposed envelope are relatively small. Vegetation
on the private open space easement screens the envelope location from nearby homes to the west
in a portion of unincorporated Marin County.
Compliance with the Cypress Hollow Precise Development Plan
The building envelopes established by the Cypress Hollow Precise Development Plan were
designed to allow adequate space for the development of each parcel, while providing a buffer
between the building envelopes and nearby residences and open space areas. The requested
building envelope amendment would allow the applicant to install a swimming pool and pool
equipment in the rear yard, but would not compromise the integrity of the adjacent private open
space easement. However, to ensure that other structures are not later proposed within the
secondary building envelope, Staff recommends that improvements within the secondary building
envelope be limited to those shown on the plans submitted as part of this application.
I)f 1181 "R;lt<
EXHIBIT NO.
�� aor-3
Planning Commission Mecting
April 9. 2014
General Plan Consistency
The proposed project has been reviewed by consistency with the Tiburon General Plan and with
the requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Land use
Element Policy LU -5 states that "new development shall be in harmony with adjacent
neighborhoods and open spaces." As noted previously, establishing a secondary building
envelope along the southern side of the property would not appear to negatively impact the
surrounding properties or the existing private open space to the south and west of the subject site.
PUBLIC COMMENT
As of the date of this report, no letters have been received regarding the subject application.
FUTURE ACTIONS REQUIRED
The Planning Commission's action on this project would be in the form of a recommendation of
approval to the Town Council or denial by the Commission. A Commission denial could be
appealed to the Town Council, while a recommendation for approval would be automatically
forwarded to the Town Council. If the precise development plan amendment is approved by the
Town Council, the subject addition would require Site Plan and Architectural Review approval
and the necessary building permits.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Hold a public hearing on this application:
2. Consider the draft resolution (Exhibit 1) recommending approval of the amendment
to the Cypress Hollow Precise Development Plan to the Town Council.
Exhibits:
1. Draft Resolution
2. Application and Supplemental Materials
3. Marin County Board of Supervisors Resolution No. 88 -252
4. Submitted Plan
Prepared By: Kyra O'Malley, Assistant Planner
'� i?I° I Till R!?\ Page 3 of 3
EXHIBIT N0.
PJ 30 3
Lawrence Bradford, applicant, deferred to questions of the Commission. The Commissioners had
no questions.
Chair Weller opened the public hearing and, as there were no comments, closed the hearing.
Commissioner Corcoran said that the Planning Commission previously weighed the various
issues relative to approving the condominiums at this location and found it was compatible with
the neighborhood, zoning code and General Plan, and he voiced support for the application.
Commissioner Welner said that the application made sense and he supported the approval.
ACTION: It was M/S (Corcoran/Welner) to adopt the draft resolution conditionally granting
conditional approval of the tentative map application. Motion carried: 3 -0 -1 ( Kulik recused).
Commissioner Kulik returned to the meeting.
2. 55 MONTEREY DRIVE: REQUEST TO AMEND THE CYPRESS HOLLOW
PRECISE DEVELOPMENT PLAN (PD #45) TO CREATE A NEW SECONDARY
BUILDING ENVELOPE; File #31402; Sarnia and Derek Robson, Owners; Silas
Edman, Jr., Applicant; Assessor's Parcel No. 034 - 395 -03
Assistant Planner O'Malley gave the staff report, and said the project was for an amendment to
the Cypress Hollow Precise Development Plan for property located at 55 Monterey Drive. The
applicant proposes to establish a secondary building envelope for the property for the purposes
of installing a swimming pool and pool equipment. The property is surrounded by existing
single family dwellings as well as open space. There will be no changes to the primary building
envelope, and the secondary building envelope will be outside the open space easement and will
be screened by existing vegetation and fencing. However, staff does recommend the secondary
building envelope be limited to the swimming pool and pool equipment. Staff also finds that the
project is consistent with the General Plan and the Cypress Hollow Precise Development Plan,
and recommends that the Planning Commission hold the public hearing and adopt the draft
resolution recommending approval to the Town Council.
Silas Edman, Jr., applicant, said that he represented the owner and was available to answer
questions.
Chair Weller asked where the pool equipment for the pool would be located. Mr. Edman said
they will locate the equipment within the existing building envelope on the side of the house.
Chair Weller asked and confirmed that a 4' x 8' low structure would house the equipment and
very low decibel level pumps will be used.
Commissioner Kulik asked Mr. Edman to discuss soil and slope issues with the proposed pool.
Mr. Edman said that they will hire a soils engineer and the retaining wall will be very low. He
said that they intend to replicate the existing conditions of the site.
Chair Weller opened the public hearing and, as there were no comments, closed the hearing.
TIBURON PLANNING COMMISSION MINUTES - APRIL 9, 2014 - MINUTES NO. 1043 EXHWIT NO. "
Commissioner Corcoran said that the proposal seemed reasonable and it would not have an
impact on privacy of the neighbors. He supported staff s suggestion of an additional condition
limiting what is allowed in the secondary envelope. He noted that the property backs up to
private open space which adds an additional buffer and he voiced his support of the request.
Commissioner Kulik said that he visited the site and agreed with Commissioner Corcoran. He
felt that from a noise and intrusiveness point of view, this would be an improvement over the
current situation by replacing the hot tub with a pool, which would be a less intensive use. He
referred to the site line from the unincorporated part of Marin County and asked and confirmed
with Mr. Watrous that the Town circulated the project to County homeowners for review. He
thought that planting vegetation was a good idea and he suggested a stipulation that the pool
equipment should be placed on the westerly side of the house. He believed that the request was
reasonable and he supported its approval.
Commissioner Welner agreed that the proposal was modest and would not impact the
neighborhood. He said that his only concern with precise plan amendments is whether or not
there are neighbor concerns or inconsistent with any key elements protected by the initial precise
plan. He said that there were no complaints from neighbors or issues raised by staff, so he could
support the proposal.
Chair Weller concurred with fellow Commissioners. He said that his perspective was that this
would be a conversion of one outdoor use to another which would not create any additional
intensity of use or effect on neighbors. He supported the addition of a condition to locate the pool
equipment on the westerly side of the house.
ACTION: It was M/S /C (Kulik/Corcoran) to adopt the draft resolution recommending approval
of the amendment to the Cypress Hollow Precise Development Plan to the Town Council, as
modified with the additional condition of approval that the pool equipment shall be located
within the existing building envelope on the west side of the house. Motion carried: 4 -0.
MINUTES:
3. PLANNING COMMISSION MINUTES — Regular Meeting of March 26, 2014
ACTION: It was M/S (Welner /Corcoran) to approve the minutes of the March 26, 2014 meeting,
as submitted. Motion carried: 4 -0.
ADJOURNMENT:
The Planning Commission adjourned the meeting at 7:50 p.m.
EXHIBIT NO.�
M air- a
TIBURON PLANNING COMMISSION MINUTES - APRIL 9, 2014 - MINUTES NO. 1043 PAGE 3
RECORDING REQUESTED, RETURN TO:
TIBURON TOWN CLERK
1505 TIBURON BOULEVARD
TIBURON, CA 94920
Record without fee per G.C. 27383
RESOLUTION NO. DRAFT -2014
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE
DEVELOPMENT PLAN (PD #45) TO CREATE A NEW SECONDARY BUILDING
ENVELOPE ON PROPERTY LOCATED AT 55 MONTEREY DRIVE
ASSESSOR PARCEL NUMBER: 034- 395 -03
WHEREAS, on April 9, 2014, the Planning Commission held a public hearing to
consider the proposed amendment to the Cypress Hollow Precise Development Plan to
create a new secondary building envelope (Town File #31402) for the property developed
with an existing single - family residence at 55 Monterey Drive, proposed by Sarnia and
Derek Robson; and
WHEREAS, after receiving public testimony and considering the application at
that hearing, the Planning Commission adopted Resolution No. 2014 -05 recommending
to the Town Council that the Precise Development Plan Amendment be approved; and
WHEREAS, on May 7, 2014, the Town Council held a public hearing on this
application and after hearing all testimony and reviewing all documents in the record, the
Town Council concurred with the findings made by the Planning Commission and found
that the proposed precise development plan amendment to create a new secondary
building envelope for the property at 55 Monterey Drive would be consistent with the
overall intention of the Cypress Hollow Precise Development Plan and the policies
contained within the Tiburon General Plan; and
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15301 of the
CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve the requested amendment to the Cypress Hollow Precise
Development Plan, subject to the following conditions:
The approved secondary building envelope for the property at 55
Monterey Drive shall be amended as reflected on the Site Plan, prepared
by Silas Edman, Jr., dated March 5, 2014, attached as Exhibit "A."
EXHIBIT NO. 45
TIBURON TOWN COUNCIL RESOLUTION NO. Draft -2014 5/07/2014 1 P1 I I Ft
2. The secondary building envelope shall be utilized only for construction of
pools as shown in the plans on file with this application. Other additions
or structures shall be prohibited within the secondary building envelope
area.
The pool equipment shall be located within the pre- existing primary
building envelope on the west side of property.
4. This Precise Development Plan Amendment approval shall be valid for 36
months following its effective date, and shall expire unless subsequent
zoning and/or building permits have been issued pursuant to this approval.
A time extension may be granted if such request is filed prior to the
expiration date.
5. This approval shall in no way alter other provisions of the Cypress Hollow
Precise Development Plan not specifically described herein.
PASSED AND ADOPTED at a regular meeting of the Town Council on May 7,
2014, by the following vote:
W4161
NOES:
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit A: Site Plan (1 page)
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
EXItIBIT NO. S
rg. Z6F�j
TIBURON TOWN COUNCIL RESOLUTION NO. Draft -2014 5/07/2014
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