HomeMy WebLinkAboutTC Res 2023-05-22 (5)
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Town Council Resolution No. 22-2023 05/22/2023
RESOLUTION NO. 22-2023
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY KARINA AND ANDREW HOUGHTON OF THE DESIGN REVIEW BOARD’S APPROVAL OF A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR EXTERIOR ALTERATIONS AND CONSTRUCTION OF APPROXIMATELY 389 SQUARE
FOOT ADDITION TO THE EXISTING SINGLE-FAMILY HOME AND CONSTRUCTION OF AN APPROXIMATELY 475 SQUARE FOOT NEW EXCAVATED ATTACHED GARAGE, ALONG WITH THREE SEPARATE VARIANCE REQUESTS FOR (1) REDUCED REAR (NORTH) SETBACK; (2) REDUCED LEFT (WEST) SIDE SETBACK; AND (3) EXCESS LOT COVERAGE
OF 33.3% WHEN A MAXIMUM OF 30% IS ALLOWED. THE MAIN ROOF RIDGE OF THE EXISTING RESIDENCE IS PROPOSED TO INCREASE IN HEIGHT BY 7” FROM THE EXISTING MAIN RIDGE HEIGHT. THE WESTERN PORTION OF THE ROOF RIDGE FOR THE PROPOSED ADDITION OVER THE MASTER BEDROOM AND BEDROOM 1 IS
PROPOSED TO BE ALTERED RESULTING IN AN INCREASE IN HEIGHT BY 14” TO THE EXISTING RIDGE HEIGHT AND LOCATED CLOSER TO THE MAIN RIDGE OF THE EXISTING ROOF. THE PROJECT PROPOSES A TOTAL BUILDING HEIGHT OF 20’-9” AS A TWO-STORY DEVELOPMENT WITH A NEW EXCAVATED GARAGE, WHEN A MAXIMUM HEIGHT OF 30’
IS PERMITTED. THE PROJECT SITE IS LOCATED ON AN R-1 ZONED PROPERTY AT 699 HILARY DRIVE. (ASSESSOR PARCEL NO. 055-211-02)
WHEREAS, on January 19, 2023, the Design Review Board held a duly noticed public hearing to consider a Site Plan and Architectural Review application (File No. DR2022-084) filed by Christina Goebel and Park Allen (“Applicants’) for exterior alterations and additions to an existing single-family dwelling on a R-1 zoned property
located at 699 Hilary Drive, along with three variance requests (VAR2022-
022/VAR2022-023/VAR2022-027); and WHEREAS, the official record for this application is hereby incorporated and made part of this Resolution. The record includes, without limitation, staff reports,
minutes, application materials, appeal materials, correspondence, and all comments and
materials received at any public hearings on this project. WHEREAS, on January 19, 2023, the Design Review Board reviewed the project,
based upon the application materials and analysis provided in the staff reports and the
attachment thereto, as well as the data submitted, supplemented by public comment and
on-site inspections to the site and adjoining sites, and deliberations at the meeting, and
determined that the project is consistent with Section 16-52.020(A) (Purposes), Section
16-52.020 (H) of the Tiburon Zoning Code (Guiding Principles in the Review of Site
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Town Council Resolution No. 22-2023 05/22/2023
Plan and Architectural Review Applications) and found that sufficient findings can be
made to support the three variance requests: (1) reduced rear setback, (2) reduced left-
side setback and (3) excess lot coverage in accordance to Section 16-52.030 (E)
(Variance Findings by Review Authority).
WHEREAS, the Design Review Board voted 3-1-1 (Berger, Chong and
Malott voted yes, Kim voted no, Dughaish absent) and directed staff to prepare a resolution for approval with standard conditions, along with a condition to require a dark, non-reflective roof color and material, to be presented at the next available meeting for consideration and adoption.
WHEREAS, on February 2, 2023, the Design Review Board reviewed the draft resolution of approval with conditions. Upon receiving public testimony and deliberations, the Design Review Board voted 3-1-1 (Boardmember Kim voted no and Boardmember Dughaish abstained) to approve the project by a resolution with modifications to the draft conditions.
WHEREAS, at both the January 19, 2023, and February 2, 2023, Design Review Board public hearings on this project, the adjacent property owner at 697 Hilary Drive opposed the application and raised concerns that the project, along with the
variance requests, would potentially create view blockage, massing and visual impacts,
privacy impacts and trespassing issue. The property owners residing at 697 Hilary Drive also raised concerns that the project is incompatible with the neighborhood character and is inconsistent with the Town’s General Plan, Municipal Code and Design Guidelines for Hillside Dwellings.
WHEREAS, on February 16, 2023, the owner of 697 Hilary Drive (“Appellant”) filed a timely appeal of the Design Review Board’s decision, objecting to the potential view blockage, massing and visual impacts, privacy impacts caused by the proposed project; and alleged that the project is inconsistent with the Town’s General
Plan, Municipal Code, and Design Guidelines for Hillside Dwellings.
WHEREAS, on April 19, 2023, the Town Council held a duly-noticed public hearing, on a de novo basis, on the appeal, during which testimony was heard and considered regarding the application and the Design Review Board’s review and decision
on the application. At the conclusion of the public hearing, the Town Council voted 3-0-
1 (Fredericks, Thier, Welner voted yes, Ryan abstained) to direct staff to prepare a resolution denying the appeal, and upholding the Design Review Boards decision for consideration of adoption at the next meeting. Town Council determined that the subject application would be consistent with the guiding principles in review of Site Plan and
Architectural Review application contained within Section 16-52.020(A) (Purposes),
Section 16-52.020 (H) of the Tiburon Zoning Code (Guiding Principles in the Review of Site Plan and Architectural Review Applications) and Section 16-52.030 (E) (Variance Findings by Review Authority) for the three variance requests: (1) reduced rear setback, (2) reduced left-side setback and (3) excess lot coverage, as detailed in Exhibit A,
attached to this resolution.
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Town Council Resolution No. 22-2023 05/22/2023
WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 and 15303
of the CEQA Guidelines. The Town Council further finds that none of the exceptions in
Section 15300.2 apply, as there is no evidence that the project will result in any significant adverse environmental impacts, presents unusual circumstances, or involves an environmental resource of hazardous or critical concern, a hazardous waste site, damage to a scenic highway, or cause a substantial adverse change in the
significance of a historical resource; and
WHEREAS, on May 3, 2023, as directed, Town Staff prepared a draft resolution denying the appeal and upholding the Design Review Board’s decision to approve the Site Plan and Architectural Review Application (File # DR2022-084), along
with three Variance requests (File # VAR2022-022/VAR2022-023/VAR2022-027).
WHEREAS, on May 17, 2023, Town Staff amended the draft resolution to include specific findings for the Town Council to consider the amended resolution denying the appeal and upholding the Design Review Board’s decision to approve the
Site Plan and Architectural Review Application (File # DR2022-084), along with three
Variance requests (File # VAR2022-022/VAR2022-023/VAR2022-027). The amended resolution was not considered by the Town Council at the May 17, 2023 meeting due to lack of quorum.
WHEREAS, on May 22, 2023, Town Staff presented, and the Town Council
considered the amended resolution denying the appeal and upholding the Design Review Board’s decision to approve the Site Plan and Architectural Review Application (File # DR2022-084), along with three Variance requests (File # VAR2022-022/VAR2022-023/VAR2022-027).
NOW, THEREFORE, BE IT RESOLVED that the foregoing Recitals are true and correct and are incorporated herein and form a part of this Resolution. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon
hereby denies the appeal of Karina and Andrew Houghton and approves the Site Plan and
Architectural Review application (File # DR2022-084) for exterior alterations and additions to an existing single-family dwelling on a R-1 zoned property located at 699 Hilary Drive, along with three Variance (File # VAR2022-022/VAR2022-023/VAR2022-027) requests, based upon the findings set forth in the attached Exhibit A, and subject to the conditions of approval listed in the
attached Exhibit B.
PASSED AND ADOPTED at a special meeting of the Town Council on May 22, 2023 by the following vote:
AYES: COUNCILMEMBERS: FREDERICKS, THEIR, WELNER
NAYS: COUNCILMEMBERS: NONE
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EXHIBIT A FINDINGS 699 HILARY DRIVE A.P.N. 055-211-02 File # DR2022-084/VAR2022-022/VAR2022-023/VAR2022-027 A. Findings. The Town Council makes the following findings for Site Plan and Architectural Review
(TMC § 16-52.202(A) and (H)) and the findings required for the Variances (TMC § 16-
52.030(E)). 1. Site Plan and Architectural Review.
In accordance with Tiburon Municipal Code (TMC) section 16-52.020, Site Plan and
Architectural Review, the proposed use and structures will further the purpose set forth in subsection 16-52.020(A). and satisfy the applicable criteria of subsection 16-52.020(H) as set forth in the findings below:
16-52.020(A) Purpose.
1. Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhood. The project will improve and continue to support the existing home to be used as a single-family residence. The project proposal includes additions that minimize
disturbance to the existing natural vegetation on the rear, left and right sides. On the front elevation, the project design will improve the existing landscape with new planters, driveway, and pedestrian entry gate. The proposed improvements appear to have a design that is compatible with the standards of other improved
homes found in the surrounding neighborhood in terms of use, scale, and
architecture. 2. Retains and strengthens the visual quality of an attractive character of the town. The project will be built in a style that is compatible with the existing home and other structures in the vicinity. Proposed exterior finishes will match with existing finishes to strengthen the visual quality of the home. In addition, the project
includes landscape improvements to the front yard, which will improve the
overall attractiveness of the site with a better curb appearance. The proposed additions and exterior improvements will continue to retain the visual quality and character of the Town.
3. Ensures that landscaping emphasizes drought tolerant native species and protects
mature vegetation.
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The project will maintain the majority of existing landscaping in the rear, left and right side yards. New planters will be placed in the front yard along the new
driveway with new drought tolerant landscaping.
4. Recognizes the interdependence of land uses and circulation and provides for an efficient and interconnected system of streets and pedestrian ways through town. The project includes an attached garage with an improved driveway to Hilary Drive. The project will contain the required parking onsite. The interconnected system of streets and pedestrian access will not be impacted negatively by the
project.
5. Assists project developers in understanding the town’s concerns for the aesthetics of construction. The proposed addition will have a scale and massing that is compatible with other updated homes in the neighborhood. The proposed finishes of the building will be similar to the existing residence. The proposed construction is consistent with the
Town’s aesthetics standards of construction.
6. Ensures that construction complies with all applicable town standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources. With the exception of the variance requests for (1) reduced rear setback, (2) reduced left side setback and (3) excess lot coverage, the project will comply with all required development standards. The Town Council has considered the
appellants’ concerns relating to view, visual bulk, massing, and privacy impacts, as well as the project’s compatibility with the neighborhood in the vicinity. Upon deliberations, the Town Council found that the project, as conditioned, will interfere minimally with the view of adjacent dwellings. The proposed additions
are properly located on the site and will respect the location of other existing
improvements on adjoining sites. The Town Council found that the project, as conditioned, would be in substantial conformance with the guiding principles of Site Plan and Architectural Review, as well as applicable Hillside Design Guidelines as a whole. As such, the Town Council determined that the project
would not adversely affect the community health, safety, aesthetics, or natural
resources for the neighborhood. 16-52.020(H) Guiding Principles
1. Site plan adequacy. Proper relation of a project to its site, including that it promotes orderly development of the community, provides safe and reasonable access, and will not be detrimental to the public health, safety, and general welfare.
The project is located on a 7,353 square foot lot with an existing one-story single-family residence that was originally developed in 1954. The existing residence
has a nonconforming portion that is approximately 20 square feet in size and is
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encroaching into the rear yard that results in a 13’-2” rear setback, where a minimum of 17’ rear setback is normally required.
Within the rear setback area, the project will include a total of 56 square feet of area to be located 11’-7” and 13’-6” from the rear property line, where a minimum of 17’ rear setback is required. Within the left side setback area, the project will add a 16 square foot addition that is located 6’-7” from the left side
property line, where a minimum of 8’ side setback is required.
The project will replace the existing curb cut and parking pad from Rock Hill Road with new landscaping. The project will create a new driveway access from Hilary Drive connecting to the new excavated garage and storage space.
To accomplish this, the project includes variance requests for (1) reduced rear setback, (2) reduced left side setback and (3) excess lot coverage. Upon review of the project plan, receiving public testimony, including photographs and written submissions, and upon deliberations, the Town Council found that the project has
considered the physical constraints on the site. The Town Council found that the
proposed additions are properly located on the site in relation to the location of the existing residence on the property. The Town Council concurred with the Design Review Board and found that the project will promote orderly development, provide safe pedestrian and vehicular access, and will not create
detrimental impacts to public health, safety, and general welfare.
2. Site layout in relation to adjoining sites. The location of proposed improvements on the site in relation to the location of improvements on adjoining sites, with particular
attention to view considerations, privacy, location of noise-generating exterior mechanical equipment, adequacy of light and air, and topographic or other constraints on development imposed by particular site conditions.
The project will increase the top of the existing main ridge by 7” and the top of the existing lower ridge by 14”. The project has a maximum proposed height of
20’-9” and is considered a two-story development with a new excavated garage
and storage space connecting to Hilary Drive. The project proposes additions that extend horizontally from the existing home toward the rear, left and front. With the exception of the new excavated level, the
majority of proposed additions will be located on the existing flat area on the site.
The Town Council acknowledged the concerns raised by the appellants residing at 697 Hilary Drive. The Town Council reviewed the project, based upon the application materials and analysis provided in the staff reports and the attachment thereto, as well as the data submitted, supplemented by public comment, and
deliberations at the meeting, and determined that the project will not create substantial view impact to the existing residence at 697 Hilary Drive. The Town Council considered that the Design Review Board and the applicant
had studied alternatives to ensure the roof height increase is of the minimum
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extent. The Town Council found that the project, as submitted, had paid particular attention to mitigate potential view impacts. The Town Council examined the site
plan, as submitted, and found that the proposed additions are properly located on
the site and will maintain appropriate distance from the existing improvement on adjoining properties, particularly to the uphill neighbor on the rear side. Upon deliberations, the Town Council found that the condition imposed by the Design Review Board to require a dark and non-reflective roof color and material would
mitigate the visual impact of the project to the appellants’ property. The Town
Council concurred with the Design Review Board findings and imposed the same condition, along with other standard conditions to this project. Furthermore, the Town Council acknowledged that the project would minimize
disturbance to the existing natural vegetation on the rear, left and right sides of the
property, which help to screen the project. The Town Council acknowledged that the proposed noise-generating equipment of an air-conditioner, as conditioned, is required to meet the Town’s noise policy.
As conditioned, the Town Council found that the project, along with the proposed
additions and roof alternation, would have a proper relation with the location of existing improvements on adjoining sites. 3. Neighborhood character. The height, size, and/or bulk of the proposed project bears a
reasonable relationship to the character of existing buildings in the vicinity. A good relationship of a building to its surroundings is important. For example, in neighborhoods consisting primarily of one-story homes, second-story additions shall be
discouraged, or permitted with increased setbacks or other design features to minimize the intrusion on the neighborhood. The proposed home is a two-story development with an excavated level for the new garage and storage space facing Hilary Drive. The proposed home appears to be one story when facing the rear, left and right sides. The proposed size of the
home is reasonably scaled within the allowable gross floor area for a lot of this
size. The Town Council acknowledged that the project is located in an area that consists of primarily one-story homes. The Town Council also reviewed the
project, along with the three variance requests of reduced rear setback, reduced
side setback and excess lot coverage. Upon deliberations, the Town Council found the project includes additions that are modest in size, and the proposed roof alterations consist of minimal height increase that is in keeping with the style and type of housing in the area and has the goal to interfere minimally with the view
of adjacent dwellings. During deliberations, the Town Council acknowledged that
the Design Review Board had examined alternate design options with different site layouts that may further mitigate potential view impacts to the appellants’ property, such as further setback the addition that goes toward the water and/or tuck the proposed garage further from the street toward the hillside. Upon
deliberations, the Town Council found that the additions, at the proposed location
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as submitted by the applicant, bear a reasonable relationship to the character of existing buildings in the vicinity. The Town Council concurred with the Design
Review Board and found that the proposed residence, as conditioned, is designed
with appropriate setback, articulation, and design features that would minimize the possibility of looming over other one-story homes and would minimize intrusion on the neighborhood.
4. Floor area ratio. The relationship between the size and scale of improvements and the
size of the property on which the improvements are proposed. This concept is known as floor area ratio.
The existing gross floor area of the site is approximately 2,150 square feet (2,030 square foot residence and a total of 120 square feet of sheds). The project will increase the gross floor area to approximately 2,474 square feet (2,419 square feet
residence, plus 25 square feet of garage remainder and 30 square feet of shed). The maximum allowable gross floor area for a lot of this size is 2,573.5 square feet, where up to 450 square feet of garage area is exempt from counting toward gross floor area pursuant to TMC § 16-52.020(I). The project will be approximately 99.5 square feet below the maximum floor area permitted for a lot
of this size. 5. Grading and tree removal. The extent to which the site plan reasonably minimizes grading and/or removal of trees, significant vegetation, or other natural features of the
site such as rock outcroppings or watercourses. The project will export approximately 410 cubic yards of soil for the construction of a new garage and storage space. The project will retain most of the existing mature vegetation on the rear, left and right sides. New landscaping will be added in the front yard and will be drought and fire resistant.
6. Compatibility of architectural style and exterior finish. The architectural style and exterior finish are harmonious with existing development in the vicinity and will not be in stark contrast with its surroundings.
The proposed architectural style and exterior finishes are consistent with the existing residence, which will not be in stark contrast with its surroundings.
7. Landscaping. Proposed landscaping, insofar as it is used appropriately to prevent erosion; to protect the privacy of adjoining sites; and to mitigate the visual and noise impacts of the proposed project. Applicants are encouraged to use native and drought-
resistant landscaping. Proposed landscaping shall be used which will, at maturity, minimize primary view obstruction from other buildings. A cash deposit or other
monetary security may be required to ensure the installation and/or maintenance for a one-year period of any and all landscaping. Projects that are subject to provisions of title IV, chapter 13E (water efficient landscape) of the Tiburon Municipal Code shall comply
with the Marin Municipal Water District regulations regarding water-efficient landscaping adopted by reference therein.
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As noted, the project will retain most of the existing mature vegetation on the rear, left and right sides. The project will have a new 6’ tall fence on the existing
driveway from Rock Hill Road. Existing shrubs along the left side property lines
will be maintained to minimize potential visual and privacy impacts of the property. The project will create a new driveway, entrance trellis and pedestrian gate from Hillary Drive. The project will include new vegetation in the front yard for visual improvement when viewing from the street.
8. Lighting. Proposed lighting, insofar as it should not invade the privacy of other properties, or produce glare or light pollution; yet provide adequate illumination for safety and security purposes. All proposed exterior lighting shall be shielded
downlighting. To provide adequate illumination, the project includes exterior lighting fixtures for outdoor space and entry points. The proposed lights are required to be shielded downlighting. 9. Overall property improvement. In order to allow the gradual upgrading of existing
improvements, upgrades may be required to be made to existing buildings and the site as a whole. The review of applications for additions or modifications to existing development may include conditions requiring changes and/or modifications to existing buildings and site improvements for the entire property to the extent that there is a reasonable relationship between the requested project and the changes and/or
modifications required. The property is not on the Town’s list of historic properties. The proposed project
will include improvements to the existing home and to the site with new
landscaping. 10. Appropriate use of building envelope. In planned residential (RPD and RMP) zones,
building envelopes are generally intended to provide a larger-than-needed area for flexibility in the appropriate sitting of a main structure and its accessory structures. The building envelope should not generally be interpreted as an area intended to be filled by a
main structure and its accessory structures. The proposal is not located in an RPD and or RMP zone. The buildable area is
established by height, setbacks and other limits as specified in the R-1 development standards. 11. Green building. The project design includes features that foster renewable energy
and/or resource conservation. The project is not characterized as a new single-family dwelling; therefore, solar
panels would not be required, and the home would not be required to comply with Tier 1 of the CalGreen Building Code requirements. The project will add insultation to the existing roof as a design feature that fosters resource conservation.
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12. Conformance with zoning requirements. All modifications and site improvements shall conform with the setback, parking, and height requirements established for each
zone by article II (zones and allowable land uses), and with any special requirements including recycling (see Municipal Code chapter 16C [recyclables collection area]) and screening guidelines established for specific uses by this zoning ordinance.
The project is located in the R-1 zone. The proposed improvement would not
comply with all zoning requirements. The proposed project requires variances for
(1) reduced rear setback, (2) reduced left side setback and (3) excess lot coverage. 2. Variance. The three Variance requests are as follows (1) “Reduced Rear Setback”
- reduced rear (north) setback to allow the proposed addition to be located 11’-7” and 13’- 6” from the rear (north) property line, when a minimum rear setback of 17’ is required; (2) “Reduced Left Side Setback” - reduced left (west) side setback to allow addition to be located 6’-7” from the left (west) side property line, when
a minimum side setback of 8’ is required; and (3) “Excess Lot Coverage” - excess
lot coverage of 33.3% when a maximum of 30% is allowed. In accordance with Tiburon Municipal Code (TMC) section 16-52.030(E), the requests for the three Variances are approved based on the following mandatory findings:
1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Ordinance will deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones.
Reduced Rear Setback The project site is 7,353 square feet in size, which is smaller than the 10,000 square foot minimum lot size in the R-1 zone and is relatively smaller in size than
other properties in the vicinity. The subject property is a corner lot with three
street-facing sides, and the rear (north) property line is sloped in an angle. The shape of the lot creates an irregularly shaped buildable area. The lot has a hilly topography in the front and rear yards. In addition, the existing residence has a nonconforming element that does not comply with the current minimum rear
setback requirement. Because of smaller lot size, irregular lot shape, hilly site
topography, and the location of existing development on the property, the strict application of rear yard setback requirement would deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones.
Reduced Left Side Setback As noted, the subject property has three sides facing the street. On the left (west) side, the property line is highly irregular following the shape of the abutting cul-de-sac. The existing residence has a nonconforming element that does not
currently comply with the current minimum rear setback requirement. Because of
the irregular lot shape and the location of existing residence on the property, the
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strict application of left side yard setback requirement would deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar
zones.
Excess Lot Coverage As noted, the project site is 7,353 square feet in size, which is smaller than the 10,000 square foot minimum lot size in the R-1 zone and is relatively smaller in
size than other properties in the vicinity. The lot has an irregular lot shape and
hilly topography in the front and rear. As a result, the existing home is encroaching into the rear setback area. The strict application of lot coverage requirement would require the property owner to build the allowable living space with a two-story addition that may create potential view impact to the adjoining
neighbors and/or involve further site excavation. Because of the smaller lot size,
irregular lot shape, the hilly topography, the location of existing home and the surroundings, the strict application of lot coverage requirement would deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones.
2. The Variance will not constitute a grant of special privileges, inconsistent with
the limitations upon other properties in the vicinity and in the same or substantially the same zone.
Reduced Rear Setback
Other properties in the vicinity and in the same or substantially the same zone that have received variances for reduced rear yard setback include 693 Hilary Drive (File No. 25405), 720 Hilary Drive (File No. 26311) and 695 Hawthorne Drive (File No. 20737). The Variance request for this project will not constitute a grant
of special privileges, inconsistent with the limitations upon other properties in the
vicinity and in the same or substantially the same zone. Reduced Left Side Setback Other properties in the vicinity that have received variances for reduced side yard
setback include 689 Hilary Drive (File No.20508) and 735 Hawthorne Drive (File
No. 20604). The Variance request for this project will not constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and in the same or substantially the same zone.
Excess Lot Coverage
Numerous properties in the Hawthorne Terrace neighborhood and similar zones have been granted variance for excess lot coverage. Other properties in the vicinity that have received variances for excess lot coverage include 3 Rock Hill Road (File No. DR2017-119), 690 Hilary Drive (File No. 299032) and 695
Hawthorne Drive (File No. 20737). The Variance request for this project will not
constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and in the same or substantially the same zone.
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3. The strict application of this Zoning Ordinance would result in practical difficulty or unnecessary physical hardship. Self-created hardships may not be
considered among the factors that might constitute special circumstances. A self-
created hardship results from actions taken by present or prior owners of the
property that consciously create the very difficulties or hardships claimed as the basis for an application for a Variance.
Reduced Rear Setback
The existing rear setback encroachment is partly due to the fact that the subject property has a rear (north) property line is sloped in an angle, which creates an irregular buildable area for the lot. This limitation in the buildable area results in practical difficulty or unnecessary physical hardship with the strict application of
the rear setback requirement.
The Town Council reviewed the project, based upon the application materials and analysis provided in the staff reports and the attachment thereto, as well as the data submitted, supplemented by public comment, and deliberations at the
meeting, and determined that there are special physical circumstances applicable
to this property as the property is smaller in size, is constrained by three sides, has odd lot shape, and has hilly topography. These special circumstances have significantly confined the layout of existing and future structures on the lot. Along with the configuration of existing buildings on adjoining properties, the subject
site is limited from increasing the height of the structure and expanding
horizontally when the goal is to interfere minimally with the views of adjacent dwellings. The Town Council found that the strict application of setback requirements would create practical difficulty for the applicant when the proposed additions are limited to be located within the buildable area. The Town Council
acknowledged that the Design Review Board and the applicant had examined
alternate locations for the additions to be located within the buildable area, and recognized that additions could be located on the rear side behind the existing family room of 699 Hilary Drive. However, the Town Council concurred with the Design Review Board’s determination and acknowledged that such location
would be closer to the existing home of the appellants at 697 Hilary Drive, which
may create potential privacy and visual impacts. The Town Council found that the variance request for reduced setbacks is not due to self-created hardship, but it is due to the irregular buildable area of the lot and the location of existing development in the surrounding environment.
Reduced Left Side Setback The subject property has three street-facing sides, and the left (west) side property line is curved with the abutting cul-de-sac. The irregular lot shape limits the location of possible addition within the buildable area, which would result in
practical difficulty or unnecessary physical hardship with the strict application of
left setback requirement.
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The Town Council reviewed the project, based upon the application materials and analysis provided in the staff reports and the attachment thereto, as well as the
data submitted, supplemented by public comment, and deliberations at the
meeting, and determined that there are special physical circumstances applicable to this property when the property is smaller in size, is constrained by three sides, has odd lot shape, and has hilly topography. These special circumstances have significantly confined the layout of existing and future structures on the lot. Along
with the configuration of existing buildings on adjoining properties, the subject
site is limited from increasing the height of the structure and expanding horizontally when the goal is to interfere minimally with the views of adjacent dwellings. The Town Council found that the strict application of setback requirements would create practical difficulty for the applicant when the proposed
additions are limited to be located within the buildable area. The Town Council
acknowledged that the Design Review Board and the applicant had examined alternate locations for the additions to be located within the buildable area, and recognized that additions could be located on the rear side behind the existing family room of 699 Hilary Drive. The Town Council concurred with the Design
Review Board’s determination and acknowledged that such location will be closer
to the existing home on abutting site at 697 Hilary Drive, which may create potential privacy and visual impacts. The Town Council found that the variance request for reduced setbacks is not due to self-created hardship, but it is due to the irregular buildable area of the lot and the location of existing development in the
surrounding environment.
Excess Lot Coverage The project site is sloped down from north (rear) to south (front). The strict application of lot coverage requirement would prevent the property owner from
building horizontally, and the addition of allowable living area may then need to
be built vertically that will create potential view impacts to the adjoining uphill neighbors and/or to involve greater site excavation with potential environmental impact. The Town Council reviewed the project, based upon the application materials and analysis provided in the staff reports and the attachment thereto, as
well as the data submitted, supplemented by public comment, and deliberations at
the meeting, and determined that the variance request for excess lot coverage is due to the site topography and existing improvements in the surroundings. The Town Council found that the strict application of the lot coverage requirement would result in practical difficulty or unnecessary physical hardship to the
property owners.
4. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity.
Reduced Rear Setback
The proposed additions within the rear setback measures 56 square feet in size (consists of 20 square feet of the existing nonconforming element and 36 square feet of new addition) and is one-story in height. The property to the rear (north) is
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located on the uphill and will look over the proposed additions that are located within the rear setback area. The Town Council had considered the concerns
raised by the appellants at 697 Hilary Drive relating to potential view, visual bulk,
massing, and privacy impacts created by the project to other properties in the vicinity. Upon review of the project plan, site inspections, public testimony and deliberations, the Town Council found that the project is designed to interfere minimally with the existing view of adjacent dwellings. The Town Council
further found that the project, as conditioned, will not create significant adverse
impacts to nearby neighbors. As such, the Town Council found that the granting of the variance request would be not detrimental or injurious to other property in the vicinity.
Reduced Left Side Setback
The proposed addition within the left side setback is comprised of 15 square feet in size and is one-story in height. The proposed addition will not be highly visible from the abutting cul-de-sac when the existing vegetation is maintained. The granting of a reduced left side setback variance does not appear to be detrimental
to the public welfare or injurious to other properties in the vicinity.
Excess Lot Coverage The Town Council had considered the concerns raised by the appellants at 697 Hilary Drive relating to potential view, visual bulk, massing, and privacy impacts
created by the project to other properties in the vicinity. Upon review of the
project plan, site inspections, public testimony and deliberations, the Town Council found that the project includes additions that are modest in size, and the proposed roof alterations consist of height increase that are at the minimum extent. The Town Council further found that the project, as conditioned, will not
create significant adverse impacts to nearby neighbors. As such, the Town
Council found that the granting of the variance request would be not detrimental or injurious to other property in the vicinity.
--End of Findings--
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Town Council Resolution No. 22-2023 05/22/2023
EXHIBIT B CONDITIONS OF APPROVAL 699 HILARY DRIVE A.P.N. 055-211-02 File # DR2022-084/VAR2022-022/VAR2022-023/VAR2022-027 Community Development Department
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. 9. The owner and/or applicant shall defend, indemnify, and hold the Town harmless along with the Town Council, commissions, boards, agents, officers, employees, and consultants from any claim, action, or proceeding (“action”), against the Town, its boards, commissions, agents, officers, employees, and consultants attacking or seeking to set aside, declare void, or annul the approval(s) of the project or alleging any other
liability or damages based upon, caused by, or related to the approval of the project. The Town shall promptly notify the owner and/or applicant of any action. The Town, in its sole discretion, may tender the defense of the action to the owners and/or applicants or
the Town may defend the action with its attorneys with all attorney’s fees and litigation costs incurred by the Town in either case paid for by the owner and/or applicant. 10. The construction of this project shall substantially conform to the application as approved by the Design Review Board on February 2, 2023, as may be amended by these conditions of approval. Any substantial modification to the drawings dated December 8,
2022, stamped “Approved by Design Review Board on February 2, 2023”, as determined in the discretion of the Director of Community Development or his/her designee, shall be reviewed, and approved by the Design Review Board. 11. At the time of building permit submittal, a copy of the Planning Division’s “Notice of Action”, including the attached “Conditional of Approval” for this project, shall be copied onto a sheet near the front of each set of construction drawings.
12. Prior to the issuance of a building permit, the applicant shall submit a construction management plan that addresses, parking, traffic control, construction management, construction staging, scheduling, construction equipment, washout, road/access
maintenance and repair and other concerns to the satisfaction of the Building Official and Community Development Director. 13. Construction drawings submitted to the Building Division for plan check shall be materially identical to those approved by the Design Review Board. If any changes are made to the approved Design Review drawings, the permit holder is responsible for clearly identifying all such changes when construction drawings are submitted to the Building Division for plan check. For Planning Division conformance check purposes, such changes must be clearly highlighted (with a “bubble” or “cloud”) on the submitted construction drawings. A list describing in detail all such changes shall be submitted and attached to the construction drawing set, with a signature block to be signed by the Planning Division Staff member indicating that these changes have been reviewed and are approved, or will require separate Design Review approval. All changes to a project that have not been explicitly approved by Planning Division Staff as part of the Building
Division Plan Check process are not approved. Construction that does not have Planning
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Division approval is not valid and shall be subject to stop work orders and may require removal.
14. At the time of building permit submittal, construction drawings for building permit shall demonstrate that all exterior lighting fixtures, other than those specifically approved by the Design Review Board to be otherwise, must be down-light type fixtures with shielding where appropriate. 15. At the time of building permit submittal/planning conformance check, it shall be confirmed that all skylights will be bronzed or tinted in a non-reflective manner (minimum 25%), and no lights shall be placed in the wells of the skylights. Installation in accordance with the approved plans shall be documented prior to final building inspection sign-off.
16. At the time of building permit submittal, a copy of the Planning Division’s “Notice of Action”, including the attached “Conditions of Approval” for this project, shall be copied
onto a sheet near the front of each set of construction drawings. 17. All exterior HVAC units and generators shall comply with the Town’s Noise Standards
Policy for Air Conditioning Units. www.townoftiburon.org/DocumentCenter/View/1050/HVAC-and-Similar-Mechanical-Equipment-Noise-Policy. If the units exceed this noise standards at the property line, noise baffles or other sound reduction shall be required to reduce the sound levels at the property lines and may require a separate Design Review application. 18. Any structures located within a required setback shall not exceed three (3) feet in height at any point, unless otherwise amended by this resolution or is permitted in the Municipal Code. 19. Any new fencing and/or walls located within a required setback shall not exceed six feet
(6’) in height at any point, measured from grade on both sides of the fence/wall. All new fencing, walls and footings shall be located entirely on the subject property. 20. Prior to commencement of construction, a construction information sign shall be posted on the site during construction of the project, in a location plainly visible to the public. The sign shall be 24” x 24” in size and shall be made of durable, weather-resistant
materials intended to survive the life of the construction period. The sign shall contain the following information: job street address; work hours allowed per Chapter 13 of the Tiburon Municipal Code; builder (company name, city, state, ZIP code); project manager (name and phone number); and emergency contact (name and phone number reachable at all times). The sign shall remain posted until the contractor has vacated the site. 21. Prior to the issuance of a Certificate of Occupancy or final building inspection sign-off, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Division field inspection prior to the issuance of occupancy permits.
22. Prior to under-floor inspection, a survey prepared by a licensed surveyor of the structure foundation is required to be submitted to the Building Division. Required documents shall include: 1) graphic documentation accurately locating the building on a site plan; 2) specific distances from property lines and other reference points to the foundation as
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Town Council Resolution No. 22-2023 05/22/2023
appropriate; and 3) elevations relative to mean sea level of the foundation walls and slabs. No additional inspections will be provided until the confirming survey results have
been submitted. 23. If any existing landscaping that is not proposed to be removed is subsequently removed during construction, the applicant shall submit a revised landscaping plan to Planning Division staff for review and approval of additional adequate landscaping, prior to a Final Inspection. The Planning Division staff may refer any subsequent landscaping plan to the Design Review Board. 24. The following condition, which was imposed by the Design Review Board on the January 19, 2023, meeting, and as adopted by resolution in the February 2, 2023, Design Review Board meeting, shall be included in the project plan at the time of building permit
submittal: A. That the roof shall be in dark color and the roof material shall be non-
reflective in nature. Roof color and materials shall be reviewed and approved by the Director of Community Development or his/her designee. Public Works Department 25. Prior to issuance of a building permit, the applicant shall incorporate into construction documents measures for site design, source control, run-off reduction and stormwater treatment as found in the Bay Area Stormwater Management Agency Association (BASMAA) Post-Construction Manual available at the Planning Division or online at the Marin County Stormwater Pollution Prevention Program (MCSTOPPP) website at www.mcstoppp.org. Prior to commencement of grading/building work on the site, the applicant shall implement the measures as shown on the construction documents. 26. An Encroachment Permit from DPW is required for any work within the Town’s road right-of way, including, but not limited to, utility trenching, installation of new utility connections, and modifications to the driveway apron. The plans shall clearly identify all proposed work in the right of way and an Encroachment Permit shall be obtained prior to conducting such work.
27. All work shall comply with Best Management Practices to prevent storm water contamination.
28. Throughout project construction, all requirements of the Town Engineer shall be met, including, but not limited to, the following, which shall be noted on Building Division drawings submitted for plan check: a. This project is creating and replacing 2,500 square feet or more impervious surface area, the site must implement at least one Post Construction mitigation in accordance with E.12 of the Town’s Municipal Stormwater Permit and the BASMAA Post-Construction Manual Design Guidance for Stormwater Treatment and Control for Projects in Marin, Sonoma, Napa, and Solano Counties. There are two runoff requirements: one Town requirement to reduce the peak flow rate to pre-development conditions which has been met, and a separate
BASMAA requirement to reduce the total volume of runoff from the site. Since
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the project is creating or replacing more than 2,500 sf of impervious area, it will need to do something to reduce the total volume of the runoff (not just reduce the
peak flow rate). The acceptable options may include a Bioretention facility or you could also sheet flow the drainage across vegetated areas, but the areas need to have slopes, soil types, and vegetation that are conducive to allowing an inch of rainfall to infiltrate without eroding the soil. A final grading and drainage plan is required prior to building permit issuance implementing the BASMAA requirement. b. Prior to issuance of a Certificate of Occupancy or building permit final sign-off, a licensed land surveyor shall verify that fencing, walls, footings and building foundations are entirely within the subject property. If it is found that any portion of the structure(s) were placed outside of the property, that portion of the
structure shall be removed and relocated to be entirely within the property boundaries. A certification letter, stamped and signed by the surveyor shall be provided as documentation. The letter is required to state that the licensed
professional surveyor located the property boundary of the subject property and “certifies” that all structures, including fencing and foundations are located entirely within the subject property and do not encroach beyond it. The
certification letter shall reference the building permit number, provide the date when the surveyor performed their services and must reference the property address and assessor’s parcel number. c. This project involves displacement of over 50 cubic yards of earth (including cut, fill, displacement, import and/or export) and the following are required: Prior to building permit issuance the applicant shall complete the Construction Erosion and Sediment Control Applicant Package that can be found in the helpful forms and documents section of the Town’s website. Link: http://townoftiburon.org/156/Helpful-Forms-Documents.
Please note that projects with over 50 cubic yards of earth movement shall also be subject to post-rain-event erosion control inspections. 29. Prior to issuance of a building permit, review and acceptance of an Erosion and Sedimentation Control Plan by the Town Engineer is required.
30. Provide a final grading and drainage plan along with drainage calculations to support the drainage system design prior to building permit issuance. 31. All retaining walls shall be back drained. 32. All paved and unpaved finished surfaces shall be positively drained. Finished slopes and elevations shall be shown on the plans.
33. New construction shall not encroach onto Neighboring or Public Rights-of-Way.
Tiburon Fire Protection District (TFPD) 34. Throughout the duration of project construction, all requirements of the Tiburon Fire
Protection District shall be met.
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35. Substantial Remodel shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area, which exceeds fifty percent (50%) of
the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in the computing floor areas for the purpose of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings. When the wall or ceiling coverings (i.e. gypsum board, plaster, sheetrock, etc.) are removed, altered, modified or added to, a lineal foot calculation of existing versus improved coverings shall be completed. This lineal foot calculation shall be applied in conjunction with, or separate from, the floor area calculation noted above to determine
substantial remodel. See any additional comments below: Calculated a total of 1668.64 sq ft of Floor 1 and new garage. Existing habitable square footage assessed by County of Marin (shall be noted on Title page) & Additional square footage proposed to be added to
habitable space: Existing sq ft is 2030. Affected area plus new additions added together and divided by Existing square footage with a percentage now represented for the 36 Month Calculation. 1668.64/2030= 82%. This is a Substantial Remodel.
36. An automatic residential fire sprinkler system is required to be installed in all new residences including garages conforming to NFPA Std. 13D & CFC Section 903 and as modified by the Fire Marshal. Plans, hydraulic calculations, and professional curt sheets shall be submitted to the Fire Marshal for review prior to installation. Contact the Marin Municipal Water District at (415) 945-1530 for all water system information. An upgrade for the domestic water meter may be needed. Additional sizing may be required due to available pressures and fire flow. Send all deferred submittals to this email address: plansubmittal@tiburonfire.org. We utilize a 14-business day turnaround for most reviews, exceptions for larger projects. Please account for holidays and weekends as not applicable to the 14-business day timeline. A fee of $288 for a sprinkler system up to 40
heads is required per Ordinance #129 and CFC Section 105.7.1. Any sprinkler heads over 40, are charged with $3 per head to the standard fee of $288. Approved smoke and carbon monoxide alarms shall be installed to provide protection to all sleeping areas. This is a requirement under CFC 907.2.10, but is the jurisdiction of the Building Division for inspection. An automatic residential fire sprinkler system shall be installed throughout existing one- and two-family dwellings when the floor area of an addition exceeds 50%
of the existing floor area. Submit digital plans and cut sheets to plansubmittal@tiburonfire.org as a deferred submittal. 37. 'Knox' brand key box or gate switch shall be installed at the premises conforming to TFPD Policy. Order at www.knoxbox.com and select the product listed below. Be sure to enter "Tiburon Fire Protection District" when you are prompted to buy your product. 38. A Vegetation Management Plan (VMP) conforming to the policies of the Tiburon Fire District shall be prepared and implemented at the site. The VMP-Fuels Management Plan shall conform to Tiburon Fire Protection Policy 420 and Ordinance #129. The plan shall be incorporated into the landscape plan with specific language for defensible space zones,
maintenance and plant species for the project and submitted to the Fire Marshal for review before a construction final inspection and is a permit issued via the Tiburon Fire District Ordinance #129 & CFC Section 105.7.26. Per the TFD Master Fee Schedule, a fee of $123.00 will be due before a final inspection shall be granted. VMP for entire
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Town Council Resolution No. 22-2023 05/22/2023
parcel shall be submitted to plansubmittal@tiburonfire.org for compliance to Ordinance #129, TFD Policy #420, and Fire Safe Marin Guidelines.
Other Agencies 39. Prior to issuance of a building permit, the applicant shall obtain required permits from the Sanitary District and comply with applicable Sanitary District regulations. 40. Prior to issuance of a Certificate of Occupancy by the Building Division, applicant shall submit documentation from the Sanitary District confirming that all applicable requirements of the district have been satisfied for occupancy. 41. Prior to issuance of a building permit, applicant shall submit written documentation that
the final landscape and irrigation drawings would comply with current water efficient landscape requirements of Marin Municipal Water District (MMWD).
42. Prior to issuance of a Certificate of Occupancy by the Building Division, applicant shall submit documentation from MMWD confirming that all applicable requirements of MMWD have been satisfied for occupancy.
--End of Conditions of Approval--