HomeMy WebLinkAboutTC Res 2021-02-03 RESOLUTION NO. 02-2021
� � A I2ESOLUTION OF TH� TOWN COUNCIL OF TNE "TOWN OF 'TIBU120N PARTIALLY
� GRANTING AN APPEAL FIL�D BY THE HARTUNG OF TH� DESIGN R�VIEW
BOARD APPROVAL OF A SIT� PLAN AND ARCHITECTURAL REVIEW
APPLICATION I'OR THE CONSTRUCTION OF' Al'PROXIMATEI,Y 3,043 SQUAR�
FOOT N�W SINGL�-FAMILY RESID�NC� WI'TH A 496 SQUARI, FOOT ATTACHTD
GARAGE, AND OTHER ANCILLAI2Y IMPROVEM�NTS IN A I2-1 ZONLll SINGL�-
FAMILY RESIDENTIAL PROP�RTY LOCAT�ll AT 54� SILV�RADO D12IV�
(ASSESSOR PARCrL NO. 0.55-082-23)
WHERFAS, on November 5, 2020, the Design Review Board l�eld a duly noticed
public hearing to consider a site plan aild architectural review applicatioi� (File No: DR2019-
1 19) filed by Ec�liity Sinart Investment LP c/o Eric Nuttall (`Applicant') for the approva] to
co»struct an approximately 3,043 square foot new single-fa�llily residellce witl� a 496 squai�e
foot attached garage, and other ancillary improvenlents in a R-1 zoned si�lgle-family residential
proper•ty located at 545 Silverado Drive. The applieation consists of the application form and
supplemental materials r•eceived December 19, 2019, and the official record for this project.
The recoi-d iiicludes, without limitation, stafF reports, minutes, application nlatel-ials, appeal
matel•ials, eorrespondenee, and all comineilts and matei-ials i-eceived at a�1y public heari�Igs.
V��HEREAS, at tl�at hearing, certain residents on Silvei-ado Drive opposed the
application and raised concerns regarding privacy, view and massing impacts from the pi-oject.
At the conclusion of the public hearing, the Design Review Boal�d determined that t�he subject
site plail aiid architectural review applieation, as conditioned, was coi�sistent with the Tib�n-or�
General P(a�� and was in co»�pliance with the applicable sectio��s oi�the Tiburoi� 'Loning Ordinance,
and thus would furthe►•the purpose set foi-th in subsection 16-52.020(A), and satisfy the applicable
criteria of subsection 16-52.020(H).
V��HEREAS, following the public hearing, tlle Design Review Board adopted
Resolution No. 2020-010 ihat approved the project witl� conditions, including addinb la»gua<��e
to Co�ldition 17 as shown in Exhibit A.
WHER�AS, in approving the application, the Design Review Board found that the
p��oject i� e�empt fi-oin further review under the California Em�ironmental Quality flct (C�QA)
pul-st�ant to Section 15303 of the C�QA Guidelines for the followi»g reasons:
Pl-oject i� exempt fronl CEQA pursuant 10 the sa�ne Class 3 categorical excm}�tions, and tllat no
e�ceptions to the exelnptions apply.
Clc�.s�.s� 3 ( 'ulego��ical Exei��plion (CE�A Guidelines 5� 1�303 — ��c�lr Co�st��i�cliot� or Conrers�ioi�
of�S»��rll Slrzaclures)
The proposed project consists of demolition of an existin�� si»gle-family residence ai�d
consti-uction of a new single-fan7ily residence in a residential zone and in an urbanized arEa.
Cutc����o�•ical Exei����tion Excel�tio»s (CEQA Gz�ide/ii�es� 5� 1�3(J0.�)
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"I�1BUR01� TOWN COUNCIL RGSOLU'TION NO. 02-2021 2/3:?021
Turther, noile of the e�c�ptions listed ii1 CEQA Guidelines Section 15300.2 apply. 1�here is �lo
�� evide�Ice that the Project will result in any advcrse environmental impacts and tl�e Projeci does
� not involve any lulusual circumstances. The project site is not on tl�e Tiburon's Loca] List of
Historic Yroperties. Indeed, the proposed project would not si�nifica�Itly impact a�1y
environmental resource. In addition, there is no evideiice tllat a�ry si�rnificant cumulative
impacts would occtlr.
WI-I�REAS, on Noveinber 16, 2020, Christopher and Jenniler�lartung ("Appellants�')
filed a ti�nely appeal of the Design Review Board's approval on the merits to the Town
Cou»cil, and did not 1-aise tl�e issue or challenge tl�e appl•oval based on tl�e compliance with
CF_,Q/1. and
WHEREAS; on January 20, 2021, the Town Council held a duly-i�oticed public
hearing. on a de novo basis, on the a�peal, durinb which testiinony was l�eard and considered
rebai-ding the application and the Design Review Board's 1-eview and decision on the
application. At the conclusion of the public heal•ing, the Town Coilncil voted �-0-1 to direct
staff to pi�epare and return with a draft resolution for consideration of adoptirni at the next
meeting. The di-aft resolution would partially grant the appeal by addin�� certain conditions of
appz�oval to the project, as specified in Condition 18 as showll in Exhibit B.
WI-IEREAS. tl�e Town Council finds that the project is exempt from f�u�thei-review
Lil�der CEQA pursuant to Section 15303 of the CEQA Guidelines for the same reasons found
by the Design Review Board. The Town Council dit•ects staff to file 1 Notice of Exemption to
that effect.
Section l. Findinas
WHEREAS, the Town Council determined that the subject site }�lan and architectural
review application. as conditioned, was consistent with the Tiburon General Ylan and was in
compliance with the applicable sections of the Tib�u-o�� Zoning Ordinance, and thus �vould t�urthec
the p�n-pose set forth in subsection 16-52.020(A), and satisfy the applicable criteria of s�ibsection
16-52.020(I-I).
� 16-52.020(A) Purposes
• Ei�szu�e th�rl »c���� zrses a���d struclin�es errl�a��ce tl�eir siles ru�c1 cn�c� c��m/�a�ihle ��i�iih the
hr��>l�est s�lanc��ards of ii��p��ovei��ent i» ll�e szn�rozr»di»g��cighborl�tooc�.
The project site will be occupied by a new single-fa�nily 1-esidence that is consistent ���itl�
previous land use. "I�he new residence and landscape improvements arc compatible with
other existing homes in the suri•ounding i�eighborhood. The pco,ject is designed to be
coi�sistent with tl�e standards of other recently �ipdated single-f�milv homes in the
surro�mding nei��hborl�oocl.
• Re��xi»s ��nd s�res�g/he»s the visiral c�ualit}�of c�� atlrac/ive chrn�c�cler o���he loi�r��.
The project is desibned with tnaterials a��d i�inishes that are commonly found in current
� developmei�t trends. The proposed design a��d architectu�-al style are in I<eepin<r �vith thc
Pa�_>e 2 �,1�13
I�IBURON TOWN COUNCIL RESOLU�TION NO. 0�-2021 2/3/2021
area and is com���on for single-family residei�ces. The proposed residence and eYterior
� improvement will retaii� t}�e visual quality and attractive chai-acter of the Town.
• Fnsin�es tha7 las�dscaping em�husizes drought lolernnl ��rlrve .sl�ecies cmd p��oteci.s lnatan-e
ve��7eluliorr.
The proposed project involves addition of shr�ibs and trees ���ithin the ti-ont yai-d and side
yards. Majority of front and rear yards will retain its natural state with native shrubs. Ivlost
of thc e�isting landscapii�g in the rear yard will be maintained, with the exceptioi� of fiour
trees which ��ill be removed to create i��oi-e functio��al outdoor space.
• Recogf�i�.es the i��terdepenc�'ence of la�d uses and ci�•culatioi� ca»cl���•o��idesfo�-a» efficren/
a»d ir�tercor��ected systen� of streets arrd pedest�°ian N�crys lhrozrglv �o���i�.
The proposed project wil) utilize the existing di•iveway and the access fi�om the street will
rem�in the same. The street system will not be negatively impacted.
• As.sists project c�evelo�ers in unc�ersta�ding the lo��rr's corrce���s�for the c�e,slhe/ics of
coi�sti�uclion.
7��he proposed materials and tinishes will blend with the hillside surrounding. The proposed
architectural style and fori�� is compatible with othe►- residences ii� the neibhbo�-hood that is
varied ii� styles. The project will address the Town's concern tor aesthetics of coi�struction.
• Ens�anres tha� constl�iictioh co»7plies with all applicable totivn slai��c�'arcls ctnc�gi,riclelii�e.s, �i�c�
does »ot a�'��e��sely affect co»�n�unity health, safety, aesthelics, or f�atin-aI resoia�ce,s.
As coi�ditioi�ed, the pro�osed project would comply with all required developments
standards and would be in confor�nance with the Nillside Design G�iidelines as a whole.
The project would not appear to affect the co����r�unity health, safety, aesthetics. or natural
resou�-ces for the neighbochood.
16-52.020(H) Guiding Principles
• Srte plai� ac�c�c��acy. Proper relation of a project to its site, incla�dii�g that it pro�a�ote.s
ordei�ll�clevelop»�ent qf the co»�munity,p��ovides safe a��'i�ecr.so�crble access, ar�cl l�nill�o!
l�e c�'elrin�en�al to the public health, safety, a�t�ge»eral 1��elfare.
The project is located on an existing 10,627 square foot vacai�t lot. 'The lot has bcen vacant
since 2016 and was previously occupied by a single-family residence. The proposed
residence will be (ocated toward the rear side of the site to allow vi�«� access of adjoining
properry. The proposed location will setbacl< from the downhill neighbor on the right
(south) and tl�rough careful desibn and discussio��s ���ith the nei�hbor to the left (north)
many changes have been i��ade to preserve as much of the privacy and vie�vs. The pi-oject
has proper relation to the site, which would not appear to create detrimental impact to the
public health, safety and beneral welface.
• Silc� lcryot�t i�a relalio» to ac�jois�ing sites. The locatroi� of�pro��osed i���l»-ove�nenl.s on lhe si�e
119 7"B�C!/l019 lU I�IL' lOCC/llOYl Of 1191��YOVC'T99C'19/S Ol? C1C��011911?��S71C'.S', 11'11��1JL1771CZ11ClY L/lIC'YJ11019 /O
>>ie�,�� coi�,sidc��•atro��s, privacy, location of noise-generatirrg e�ler•ior•mecl�anicul equrpmer�t,
uc�ec�u�acl�qf Iight as�c�ai��, c�rrd topog�•a�hic or othe�• construinls on derelopn�en! im��oseca
by pa��licarlur si�e conditio��s.
Locatin� on an uphill parcel fi-om the street, the proposed residence is oi-iented to talce
advantabe oi�the view shared by other neighbors. Light and air is provided by adequate
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"T1BL�RON 7-OWN COUNCIL RESOLUTION NO. 02-2021 2/3/20?1
setbacl<s on thc sides. Noise-benerati��g equipment will be seceei�ed and located ���ithin the
� buildin�� envelope. Proposed second-floor windows will respect privacy as they are eithcr
obscure or�vith hi�h sill height. The project appears to work appropriately with its
topographic constraints and �vill relate to the existing develo�ments on ad,joining sites, with
particular attention to vie��, privacy, ��oise, light and air.
• IVeighborhooc�'characle��. 7he height, size, and/or bi�lk of�tl�e p��ol�osec�l»�ojecl becrrs u �
rc�c�.so»c�hle �rel�r�io�sl�i� to the characte��of existi�vg builclrs�g,s if� the >>icii�ity. A goocl
1"C'1L[I70115'J91�) Of�a 17Z/IIC�lY1�T ZO 11.5 S2f1"1"DUI?L�73?gS' 1S' 1191�01"1QT?l. FOI"L'XQ191�7jC', 119 1?L'/�ryl�)OI'1100Gi�.S
consi.sti��gpri»�urily ofor�e-sto�y hoi��es, secos�7d-slo�y additiov�s shall be cli,scozn•�+,��ec�', or
��e��n�iited���ith i�c�•c�a.sed setbacks o��other design feati�res to mif�i���i�e lhe it�tr�z�sion o�� !he
i�ei�I�borhood.
�The homes in thc neibhborhood alo��g Silverado Drive vaiy in size, height and style, but are
primarily t���o-sto�y homes and many hoi��es have outdoor decks facing to��ard the views.
The design of the proposed residence and other improvements would appear to be
compatible with other homes in the vicinity and maintain a good relationship with its
surro�uiding.
• Floor cn�er� ratio. The ��elatronship beh��een the size as�d scale of rn�p��oveme»Is n�c�il�c� size
of t1�e pro��erty on irhich tl�e i»�pi�oveme��ts a��e��°oposed. 7his co»ce��t is ki�o����� as f7oor-
a��ecr ralio.
The project would incl�ide 3,043 square feet of floor area, which would be 19.7 square icet
below the peri��itted floor area (3,062.7 square feet)for a lot of this size ii� the R-I zone
district.
• Grac�ri�g ai�d tree �re»�oval. The extent to which the site�lan reasos�abl��n�i��i»�izes grc�di»g
and/o��removal of trees, .sigi�ifr�cant vc�getation, o��othe��natzn�al feal�,n°es of the ,��i/e .S�arch as
rock ozrtcro����irrgs or��ate��courses.
"I�he project will remove foln-trees located in the i•ear yai-d and will replace eYisting shrubs.
Three ne��� trees will be planted by the end of driveway within the right-side yal-d. T�-vo i�ew
trees �vill be planted within the right-side yard by the loc�tion of proposed AC unit. � ro���
of hecige will be planted on the left-side yard in front of the proposed residence.
npproximately 123 cubic yard of soil will be expoi-ted from the site in order to
accommodate the ne�� residei�ce and exteriof- improvements. The project includes s��%ale
and I��rencl� drains that connect to the street as storm water ���ana�emei�t.
• Coml��cr�ibrlrt�;of�rrchrtectr.n-al siyle a»d exte�rio�°fii�rsh. The cn-chitectr.n�ul.sll�le ui��l c�.rterior
finisl� ure hcri-mo��ioars tia�ilh exisli��g clevelopi��ent is� !he nicinil>>ui�cf ri�rll r�ot bc� rn.stal•k
C017h"U.SI i1'llll ILS'.S'Zl7"7'OLU9(�119�5'.
The proposed extei-ior finishes incl�ade various shades of gray and off-white colors for the
exterior walls and other fieatures. The fa�ades are proposed to be in stucco. accented ��-ith
stone and wood siding. The proposed architectural style ai�d exterior tinish wiil i�ot be in
S111'�C C011t1"TSt \Vlth ItS SUI"I'OUIIC�IIIbS.
• Lai7cLsca��if�g. Proposc�c�lcanc�sea�ij�g, ii�s��fu��as it is trsed a��p��opricalell�!o preve��1 ero.sion;
!o/�rolecl ihe��rivc�cy of udjnii�ing sites; a»d lo n�ili���ale the vi.sual cir�d r�oise r»apercl.s� of Ihe
� 1�r�oJ�osec�'projec/. AP1�licunls are encozn�aged to zrse �ulive and c�'roar,�h!-resi.stant
lu»c�'scuprng. Pro��o.sed Icai��'scaprng sl�ull be arsed���hich i��ill, u! muti�rit��, mrnir��i�c�1�iri�nc��,�%
>>re�i� oh,si�rzrclior�fi�om oll�er birildii�gs. A c�r.sh depo.sil or other n�oi�etcn•�%.seczn-i�v n�crv hc>
P�<�� a of�i3
TII3URON "I��OWN COUNCIL RESOLUTION NO. 02-2021 2/3/2021
reyz�ired lo ensin�c� thc� instulla/io�� crnc�inr »�nir�tenui�ce Jor u os�e-year��erioc�of any ar7c�all
��� larrc�'scul�ing. Projecls tl�at u�•e st-�bjec! to provi.sio��.s of tr�le IV, chaple�� 13E (i����ter efficie»t
� ��� lai�dscape� qf the Trban•nr�1Llunicipal Coc�'c� sl�crll cnmply �->>ith the Mcn°ii�Min�icipal T�i�ate�-
Disti�ict regiilatio»s reg�n-c�'ing�rule�--effrcie»1 Icn�c�s�crr��h�g ado�ted by��e�er�ence thereir�.
As noted above, the landscape plan will »�aintain the existing native shr�ibs at the front and
i•eai•yards in its n�tural state. will remove fo�ar trees in the rear yard and includes new trees
and shr��bs i�� fi-oi�t ofi and along the side of the proposed residence. An exterior stair will be
replaced to provide access to the reae yard. The proposed landscape changes will prevent
ei-osion and mitigate visual impacts of the proposed project The pi-oject will include new
landscape that would improve the site's outdoor space ��hile respecting the existing
vegetation conditioi�.
• Lighting. Pro�osed lighti»g, i»s�f�ar�r.s r� shoa�ld»o� im�ade lhe privacy of�other properties,
oi�prodztce glare or liglvt pollii�ion;ye/J���ol�ic�'e ac�c�qarate illzn��inatio��f'o��saf'ety a��d
secu��ity�z�rpose.s. All p��oposec�exierior ligl�trng.��l�ull bc�shieldec�do��i�lighting.
New extei•ior lighting will be installed throughout thc exterior of the hon�e. All lights wi11
be shielded downli�hting witl� i�o cleal- glass.
• Ovei�all property in�J�ro>>emei��t. In o�-der lo allo>>� �I�c grudzial upg��ac�ii�g of eristii�g
i»�prove»�ents, upgr�rdes m�rv be reyt.�i�red�o bc muc�'e lo eristing bz>ildings c�j�d the site as a
1��hole. The ��evieti>> of applicatroi�s for addilior�,s or t��odr�icatio��s to existing developl��ent
J41Q�� lYICIZ/C�C' COY1C�7110145 YC'C�Zlll"114�Cl7ClM�iC'.S C/J9C7��01" 1710C�1 fICL1110375 t0 C'XlSt1Yl���J1,(I�L�Tl?�7S G1?L�
site ii�2prove»�e�ls.foi�tl�e enli��e�r•o��e�•ry to !he exteni thal tl�e��e is a��easo»able
i�elatiohship bet���eei� the reclareslecl project cn7d the c•han,es and/o��»�od f catioj�s reqz�ired. �
� The v�cant propel-ty is not on the Town's list of historic properties. The proposed project �
will utilize and expand on the e�isting buildi���� fow�dation. As conditioned, the new home
would have a pi•oper rel�tionship with the existing conditions of the site.
' Ap�i�op��iate use of�br.rilc�ir�g c�velope. I»plunr�ed residential (RPD and RMP) zones,
bi�rlding envc�lo�es ui�e<�rer�erulll� intei�c�ed�o p�-o>>idc u Irn•ge��-tha�-needed area_for
� flexibilit�� ih lhe u/�p��o�rrate si�ing of u n�air� .sn-arc�z�j•c� cn�c�its accesso�)�strz�ctu��es. The
huilding errvelopc shozrlc�no1 ger�erally l�e interprc�/c�d r�.�� an area irrderrded to be fi7led by a
197C771?S'll"L1ClLll"C' C/Y7C1715' LICCC'S'.SOI'1�.5'/7"LICIL/7'C'.S.
�T'he proposal is not located in an RPD and or RMP zone. The b�iilding envelope is ��
established by hei�ht, setbacl<s and ot}�er limits as speciiied in the development standards. �
• G��eert builc�i��g. 71�e p��oject c�e.si,i� i��clardes fecr��.rre.s Ihr�l foste�r reneinable energv crrrd/or
resoz�i�ce conscrnatior�.
This pro,ject is characterized as a ne�-v sin��le-familv d���elling; therefiore, solar pai�els would �
be required. The new home would have to compl� �-vith �l�ier 1 of the CalGreen Building
Code i-equirements.
• CoNfori��a��ce ���i/1��oi�ri��>reqa�ireme»t.s. All mo�li/icutioi7.5�crj�c�site improl�e»�elvts shall �
eo�fc�ri�� tinilh ll�e ,selbuck,pcn�king, c�r�c1 her,hi rc�yi,iiremri�ts establishecl for each zone by
article II(zof�e.s cn�d ullol�rcrble lui�d u.5�es), ur��c�'>>�i1h cr��}� s��eciul��eqzri��e»�ef�ts i»cluc�ing
��ecyclii�g (see Ma�i�rc�i��ul Cocfe c%crptei� I6C'�reel-clul�le� collec/ion areuJ) cr»d screeni»g �
��� gurc�elii�es estublisl�ec�'fo��.s��ecifrc lises ��y�his-o»rt�g ordina»ce. �
'� The project is located in the R-1 zone. ��l,he proposed st��uctures ���ould comply with all
zonii�b requirements.
Pa�e 5 of 13 �
'T�IBURON TOWN COUNCIL RFSOLU"T10N NO. 02-?0?I �"3/2021 � ��
f
Section 2. At�proval.
'� NOW, 7'IIEREFORF_', BE IT RESOLVED that tlle foregoing Recitals are true and
correct and are incorporated herein and fornl a parl of tl�is Resolution. �
BE IT FUKTHER RESOLVED that the Town Council of the Town of Tibui�o�1 hereby partially
grants the appeal of tlle Appellants by imposi»g the following conditions of approva] as set forth on
attached Exhibit "A", hereby fully inco�porated a»d made a part of this Resolution.
PASSED AND ADOPTED at a regul�r meeting of the Town Cotu�cil on February 3,
2021 by the lollowing vote:
AYES: COLTNCILMEMBERS: Fredericks, Ryan, Tl�ier, Welner
NAYS: COUNCILM�MB�RS: None
ABSENT: COUNCILMEMBERS: Klilil<
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TOWN OF TIBLIRON �1 �
ATTEST:
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LEA STE�'AN , TOWN CLERK ��
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Pa�e 6 of l3
TIBURON TOWN COUNCIL RESOLUTION NO. 02-2021 ?/3/?02l
I;XHIBI`T A
� CONllITIONS OF APl'ROVAL
I 545 Sih�erado llrive
File # DR2019-119
Community Development Department
1. This approval shall be used within three (3) years of the approval date and shall become
null and void ui�less a building permit has been issued.
2. The owner and/or applicant shall defend, indem»ify, and hold the Town harmless along
with the Town Council, commissions, boards, agents, oflicers, ei��ployees, and consultants
from any claim, action, or proceeding (`action"). against the Town. its boards,
coi��missions, agents, offiicers. employees, and consultants attacicing oi-seel<ing to set aside,
declare void, o►-a��nul the appi-oval(s) oi�the project or alleging any ot}�er liability or
dama�es based upon, caused by, or related to the approval of the project. The Town shall
pi•o�nptly notify the owner and/or applicant ofi any action. The Towi�, in its sole disci-etion,
���ay tender the defense of the action to the owners a��d/or applieants or the Town may
defend the action with its attorneys with all attorney`s fiees ai�d litigation costs incurred by
the Town in either case paid for by the owner and/or applicant.
3. The coi�stcuction of this pf•oject shall substantially conform to the application as appi•oved
by the Design Review I3oard on October i, 2020 and Novcmber 5, 2020, as may be
amended by these conditions of approvaL Any substantial modification to the drawings
dated October 27, 2020, stamped "Approved by Design Review Board on November 5,
2020", as determined in the discretion a(�the Director of Community Development or
his/her designee, shall be ceviewed ai�d approvcd by the Design Review Board.
4. Prior to the issuance of a building pei-n�it, the applicai�t shall submit a construction
manageinent plan that addresses, parl<i��g, traffic eonti-ol, construction ma��agement,
construction staging, scheduling, construction equipment. �-vashout. coad/access
i�iaintenance and repaii-and othei-concerns to the satisfaction of the Building Official and
Commu��ity Developi��ent Director.
5. Construction drawings submitted to Che Building Uivision for plan check shall be
�r�aterially identical to those approved by the Design Review Bo�rd. If ai�y changes are
made to the approved Design Review drawin<rs, the permit holder is responsible for clearly
identifying all such changes when construction drawin�_>s are subi��itted to the Building
Divisioi� for plan checl<. For Plannin� Division confol�mance ehecl: purposes, such changes
must be clearly hibhlighted (with a "bubble" or"cloud") on the submitted eonstruction
drawings. A list describing in dctail all such changes shall be submitted and attached to the
const�-uction drawii�g set, with a signature blocl: to be signed by thc Planning Division Staff
me�nber indicating that these changes have been revie���ed and are appi-oved, or will require
sepal-ate Design Review approval. All changes to a project that ha�e not been explicitly
approved by Planning Divisioi� Sta'ff as part of the f3uilding Divisi��n Plan Check process
ai•e not approved. Construction that does not have Planning Division approval is not valid
���� and shall be subject to stop worl< ordecs and may require removal.
Pa��e 7 of 13
I�1QUI20N TOWN COUNCIL RGSOLUTION NO. 02-2021 2�'3/20?I
,_
_ _ _ _ _ . _ _ _ _ _
6. At the time of buildii�g peri��it submittal, consteuction drawings for buildi��b peri��it shall
� demonstrate that all exterior libhting tixt�ires, other than those specifically approved by the
� �. ''�, Design Review f3oa�-d to be otherwise, must be do���n-Ii�7h1 type ti�t�n�es with shieldin;
where appropriate.
7. At ihe time of building peri��it submittal, a photovoltaic energy system sh�ll be shown on
the d�•awings in compliance with the i•equirements of Section 16-40.080 of the Tiburon
Mu��icipal Code and shall be installed and operational prior to issuance of a Certiticate of
Occupancy or building permit tinal sibn-oi�f.
8. At the time of building perinit s�ibmittal/plannin�� conformance checl:, it sl�all be contirmed
that all sl<ylights will be bronzed or tinted in a non-retlective mani�er (minimum 25%), and
no lights shall be placed in the wells of the sl<ylights. Installation in accoi•dance with the
approved plans shall be documented prior to tinal building inspection sign-off.
9. At the time of building pei-mit submittal, a copy of the Pl��nning Division's "Notice of
Action", includi��g the attached "Conditions of Approval"foc this pro,ject. shall be copied
onto a sheet near•the front of each set of construction dra���ings.
l0. All extei•ior HVAC units and generators shall coi��ply with the loi��n's Noise Stui�dards
Policy foi°Air Co�ditioning Ui�its.
www.townoftiburon.org/DocumentCenterNiew/I O50/11VAC-and-Similar-Mechanical-
Equipment-Noise-Policy. lf the units eaceed this i�oise standards at the property line, noise
, baffles or other sound reduction sha11 be required to reduce the sound levels at the property
���� lines and may require a sepai•ate Design Keview application.
l l. A»y structures located within a i-equired setbacl< shall not exceed three (3) feet in height at
any point.
12. Any new fencing and/or walls located within a required setbac]< shall »ot exceed six feet
(6') in height at any point, meas�ii-ed from grade on both sides of the (-ence/wall. All new
fencing, walls and footings shall be located entirely on the s�ibject properry.
13. Prior to co��>>nei�cement of constructioi�. a construction information sign shall be posted on
the site durinb construction of the project, in a location plainly visible to the public. Thc
sign shall be 24" x 24" in size and shall be made oi�d�n-able. ���eathcr-resistant materials
intended to survive the life of the construction period. �I�hc si��n shall contain the following �
information:job street address: worl< ho�n-s allo��ed per Chapter 13 of tl�e 1�ib�u�on
M�n�icipal Code; builder(company nai��e, city, state, "L1P code); project manager (name ai�d
phone number); and ei��ergency contact (name and phone niu��ber reachable at all tii��es).
Tl�e sig» shall �-emain post�d until tl�� cor�tractor has v�lcated the site.
14. Prior to the issuance of a Certi�ficate ot�Oeeupancy or (inal buildin�� inspection si��i�-off, all
landscaping and irrigation shall be installed in accordance with approved plans. The
installation of plantings at�d irrig�t�ion shall be verii�ied by a Plannii��� Division field
inspection pcior to the issuance of occupancy peri��its. ��
15. Pcioc to under-f7oor inspection, a survey prepared by a licensed surveyor of the str��cture
fou��dation is requii-ed to be sub»�itted to tl�e Buildin�� Division. Reqiaired documents shall
P3�e 8 of�l3 �
TiBURON TOWN COUNCIL RESOLUTION NO. 02-2021 2/3/2021
include: 1) graphic documenTation accurately locating the buildin�� oi� a site plan; 2)
��� specitic distances ii�om property lines and other reference points to the foundation as
�. appropriate; and 3) elevations relative to i��ean sea level of the foundation walis and slabs.
No additional inspections will be pi-ovided witil the coi�tirmin�� sul-vey results have bee»
submitted.
16. lf any existing landscaping that is ��ot proposed to be removed is siabsequently i-e���oved
d�u-ii�g construction, the applicant shall submit a revised landscapin�,� �lan ro Planning
Division staff for review and approval of additional adequate landscaping, prior to a Final
Inspection. The Pla»ning Division staff may refer an}� subsequent landscapin� plan to the
Design Review Board.
17. The following conditio��s that are imposed by the Desibi� Revie�-v Board on the Novembei•
5, 2020 meeting shall be included ii� tl�e project plan at the t�ime of buildinb pei-mit
submittal:
a. Relocate AC u��it to patio 2 under the eYterior stair as detailed in Exhibit B
b. Locate a permanent and solid 6' tall fence at the end of tl�e d�-iveway ��vith the
length as detailed in Exhibit B
c. Add a `belly band' on the soutl� (right) elevation to be in "up-in smolce" colo►•
(same color as the tri�n)
d. Red�ice the overha»g for the uppe�-decl< to 6'
e. Use 2 xl2 roofpitch
f. Select extei•ior downlight fixt�ires with more shielded source (long shicld cone) to
be approved by staff
g. Revise landscape plan to include the following to be approved by staff:
i. Replace p�•oposed Pampas Grass with non-invasive species at similar size
ii. Add two 2�-gallon mature trees, at the minimum initial height of 8' tall, at �
the cear side along the 1-ight p►-operty line
iii. ]nclude Sweet Osmanthus as landscape material alon« the proposed trellis
I 8. The following conditions that are ii��posed by the Towi� Council on the Januarv 20; 2021
meeting shall be included in the project pla�� at the tii��e of buildin�� permit submittal: �
a. Reduce the size of larbc, obscui-ed windo��� in the loft area to 3'Y4'. �
b. Chanbe the small window on the upper tlooe in the north elevation to be obscured.
c. Remove small window on the upper tloor in the south elevation.
d. Restrict screening on the uppei--decl< to ovel�lapping slabs that ��%ill limit horizo��tal �
visibility to ei�sui•e neighbocs' privacy.
Public Wo►�I:s De�artmei�t
19. Prior to issuance of a buildi��g peri��it, the applicant shall incorporate ii�to constcuction
documents ���easures for site desibn, source contcol, r�n�-off reduction and stor������ater
ti-eatment as fo��nd in the Bay Area Stormwater Mana�emcnt ���ency Association
(BASMA/1) Post-Construction Mai�ual availlble at the Planning Division or online at the �
Marin County Stori��water Pollution Prevention Pro��ram (MCSTOPPP) website at ��
ww���.mcstoppp.org. Prior to coi��mencement of�rading/building worl< on the �ite. the
applicant shall implement the measw-es as sho���n on the construction docui��ents. �
Pa�e 9 of 13
T[BURON TOWN COUNCIL RESOLUTION NO. 02-2021 2!3!2031 �
20. An Encroacl�ment Permit from DPW is required foi•any worl< withi�� tl�e To�-vn's road
ri�ht-of way, including, but not limited to, utility ti•ei�ching, installation of ne�v utility
� connections, and modifications to the di•iveway apron. The plai�s shall cicarly id�ntity all
proposed worl< in the ribht of way and an Encroachment Permit shall be obtained prior to
cond�ictii�� such �vork.
21. All worl< shall comply with Best Management Practices to prevent storm water
contamination
22. Throughout pro,ject coi�sti-uction, all requicements of the Town Engineer shail be met.
includii�g, but not limited to, the following, which shall be noted on Buildin� Division
dra��ings s�ibi��itted for plan check:
a. Tl�is project is creating and i•eplacing 2,500 square feet or i��ore impervious si�r�t�ace
area. the site must implement at least one Post Construction mitigation in �
accordance witl� E.12 of the Town's Municipal Stormwater Pe�-mit ai�d the
I3�SMAA Post-Construction Manual Design G�iidance for Storm�vater Treatment
and Control for Projects in Marin, Sonoma, Napa, and Solano Counties.
"I��here are two runoff requirements: one Town req��ire�nent to 1-educe the peal< tlow
rate to pi-c-development co»ditions which has been met, and a separate BASMAA
requirement to reduce the total volume of runoff from the site. Since the project is
c��eating or replacing more than 2,500 sf o�f impervious area. it will need to do
somethin�to reduce the total volume of the runoff(not just reduce the pcal< flow
rate). The acceptable options may include a Bioretention facility ol-you could also
sheet flow the dcainage across vegetated ar•eas, but the areas need to have slopes,
soil types. and vegetation that ai•e conducive to allowi��g ai� inch of rainfall to
intiltrate w�ithout eroding the soil. A final g►-ading and drainage plan is required
prior to building permit issuance implementing the BASMAA requirement.
b. Prior to issuance aFa Certiticate of Occupancy or buildin<,� permit final sign-off, a
licensed�land surveyor shall verify that fencing, walls, footin��s and building
t�o�indatio��s are entirely within the s��bject pcoperty. If it is found that �ny portion
of the structure(s) were placed outside of the property, that poction of thc strucCure
shall be 1-emoved and i•elocated to be entirely within the pl-operty boundaries. A
certitication letter, stamped and signed by the surveyor shall be provided as .
documei��ation. The letter is required to state that the licensed professional s�n-veyor
located the property boundary of the subject property and '`certities�` that all
structures, includinb fencii�g and foundations are located entirely �a%ithii� the subject
property and do not ene�-oach beyond it. The certification letter shall reference the
buildii�g permit n�m�bcr; pi-ovide tlle date when the s�uvevor pei-formed their
services and must reference the property addi-ess and assessor's parcel number.
c. 'I�his project involves displacei��ent of over 50 cubic yards of earth (includin� cut.
fill, displacement, import ai�d/or export) a��d the following are required: Prior to
building permit issuai�ce the applica��t shall coi��plete the Construction Erosion and
Sediment Control Applicant Pacl<age that can be found in the hel�ful fon��s and
� documents section of the Town`s website. Linlc
http://to���noftibui-on.oi-g/156/Helpful-For���s-Documents.
Pa<�e 10 of l3
I�IBURON "TOWN COUNCIL RESOLUTION NO. 02-2021 2/3/2021
Piease note that projects with over 50 cubic }�al-ds of earth movement shall also be
subject to post-rain-event erosion control inspections.
23. Prior to issuance of a buildi��g permit, review and acceptance of an Erosion and
Sedii��entat�ion Control Plan by the Town Engineer is required.
24. Provide a tii�al �radinb and drainage plan along with drai��a�e calculations to s�ipport the
drainage systei�� design prior to buildii�g permit issuance.
25. Sho�a� sizes, materials; align»�ent(vertical and horizontal) of all pipes, as �vell as details oi�
outlets oi� the plans. All drainpipes shall be SDR.35 minimum. Flex pipe is ��ot permitted.
26. Specify rypes and sizes of tur��ing structures, catch b�si��s, eleai� outs at�d other draii�a<>e
structures.
27. Di-ainabe structur�s, cleanouts oi- "y" connections shall be used as appropriate at storin
draii� alignment deflections or j�metions of intersecti»g drain lines to facilitate maintenance.
28. Subdl-ainage ���ust be shown, not only on the structural c►-oss-sections, b�it also on the plans
including ali�nment and discharge locations.
29. All retaining walls shall be bacl<drained.
30. �ll paved and ui�paved tinished surfaces shall be positively drained. Finished slopes and
elevations shall be shown on the plans.
3 I. Steep drivewa��s shall be designed to direct drainage sucl� that water will not �flush the
pavement of intersecti��g streets.
32. Sho��� details of dissipater systems.
33. �I�he grade aro�n�d the perimeter foundation of the hoi��e shall be sloped away fi-om the
i�o�,�,���t�o�,.
34. On hillside fo�mdatioi�s, pi�ovide undertloor drainage/weep holes (minimu��� 2") to prevent
moisture buildup.
Tib�n�on Fire Protection District (TFPD)
35. Throu�hout thc ducation of project construction, all req�iirements of the "1-iburon Fire
Protection District sha11 be met.
36. An irrigated gr�enbelt Vegetation Management Plan (VMP) Fuels Mana��eir�ent Plan �
conl�ormin« to tl�e stand�rds of the �I�iburon Fire Pcotection District shall be prepared a��d
implemei�ted �t the site. The VMP-Fuels Management Plan shall conform to Marin Co�ii�ty
Fire Prevention Offiicer's Standard #220 and Fii•e Safe Marin principles. �l-he plan shall be
incorporated into the landscape plan tor the project and submitted to the Fire Marshal for
revic��� prior to i���plementation. A Vegetation Manabement Ii� no��-WU1 a��eas shall be �
��� prepared in accordance with TFPD Code Seetion 435.5 dif�eetly to the '�I�FPD. The �
� submission shall be email to mlantiera,tiburonfire.org �
Pa��e 1 1 of 13
1�IBURON �-OWN COUt�CIL RESOLUTION NO. 02-2021 2/3/2021 �
Othec Agencies
������ 37. Prior to issuance of a building permit, tl�e applicant shall obtain i-equired permits fi-om tl�e
�'� Sanitary Distl�ict and comply with applicable Sanitaiy District ce�ulations.
38. Prior to issuance oi�a Certiticate of Occupancy by the Building Division_ applicant shall
submit documentation fi�om the Sanitaiy District con�i•ming that all applicable
requirements of the District have been satistied for occupancy.
39. Prior to issuance of a buiiding permit, applicant shall submit written doc�n��entation that the
tinal landscape and irri�ation dt•awings would comply with current water etticient
landscape requirements ofi Marin Municipal Watec District (MMWD).
�0. Prioi-to issuance of a Certificate of Occupancy by the Building Divisioi�, applicai�t shall
submit documentation fro�n MMWD confir»�ing that all applicable requirei��ents of
MMWD have been satistied for occupancy.
END
Pa��e 12 of�13
1-1BURON "fOWN COUNCIL RESOLUTION NO. 02-2021 2/3/2021
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Pa�1e 13 of 13 �
TIBURON T�OWN COUNCIL RES(�LUTION NO. 0?-2021 2/3/2021