HomeMy WebLinkAboutTC Res 10-2024Town Council Resolution No. 10-2024 June 5, 2024 Page 1 of 14
RESOLUTION NO. 10-2024
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING THE APPEAL OF CHRISTIAN SOWUL AND RYNN PRESSICK (“APPELLANT TWO”) AND CONDITIONALLY UPHOLDING THE APPEAL OF BABAK HEMATI AND NOUSHIN OSHIDARI (“APPELLANT ONE”), MODIFYING
THE DESIGN REVIEW BOARD'S DECISION TO APPROVE THE SITE PLAN AND
ARCHITECTURAL REVIEW APPLICATION FOR THE REMODEL, DECK EXPANSION, AND APPROXIMATELY 2,294 SQUARE FOOT ADDITION TO AN EXISTING SINGLE-FAMILY DWELLING WITH A VARIANCE REQUEST TO INCREASE THE LOT COVERAGE TO 16.4% (APPROXIMATELY 3,902 SQUARE
FEET) WHERE 15% (3,754 SQUARE FEET) IS ALLOWED AND A FLOOR AREA
EXCEPTION TO INCREASE THE GROSS FLOOR AREA TO 4,774 SQUARE FEET, WHERE 4,383 SQUARE FEET IS REQUIRED. THE PROJECT SITE IS ZONED AS RO-2.
ASSESSOR PARCEL NO. 058-232-02
WHEREAS, The Town of Tiburon received an application for Site Plan and Architectural Review (File Nos. DR2023-043/VAR2023-006/FAE2023-003) for a major addition and remodel to an existing single-family dwelling for the property at 114 Lyford Drive with
requests for a Floor Area Exception and Variance for excess lot coverage. The application
consists of the following: 1. Application and Supplemental Materials, received on September 16, 2023 2. Project plans by Noushin Oshidari, received on March 27, 2024
The application and official record for this project is hereby incorporated and made part of this resolution. The record includes, without limitation, the staff reports, minutes, application materials and all comments and materials received prior to or at the public hearings.
WHEREAS, The Design Review Board held a duly noticed public meeting on the project on December 7, 2023, and heard and considered testimony from interested persons. The Design Review Board considered whether the proposed project will further the purposes set forth in Zoning Ordinance subsections 16.52.020 (A) (Purpose), will satisfy the criteria
of Zoning Ordinance Sections 16-52.020 (H) (Guiding Principles) and whether the project
conforms to the requirements of subsection 16-52.020 (I) (4) to grant a Floor Area Exception and the requirements of subsection 16-52.030(E) to grant a Variance for excess lot coverage. The Design Review Board voted to continue the application to conduct a study session at the January 18, 2024, Design Review Board meeting.
WHEREAS, The Design Review Board held a study session on January 18, 2024, to discuss alternative designs that would address the Design Review Board's concerns and
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the concerns of their uphill neighbors as the proposed project related to massing and views.
WHEREAS, in advance of the March 21, 2024, Design Review Board meeting, the applicant submitted a revised project design that incorporated the feedback provided at the Study Session. The proposal included reducing and relocating the family room and primary bedroom additions uphill and pushing the lower-level addition further into the
hillside. The roof overhangs were also reduced from 4’ to 3’ and the interior ceiling
heights were reduced from 10’ to 9’. Based on these changes, the variance request was reduced from 19% to approximately 16.4%. WHEREAS, The Design Review Board held a duly noticed public meeting on the project
on March 21, 2024, and heard and considered testimony from interested persons. The
Design Review Board considered whether the proposed project will further the purposes set forth in Zoning Ordinance subsections 16.52.020 (A) (Purpose) and will satisfy the criteria of Zoning Ordinance Sections 16-52.020 (H) (Guiding Principles) and whether the project conforms to the requirements of 16-52.020 (I) (4) to grant a Floor Area
Exception and 16-52.030(E) to grant a Variance for excess lot coverage. The Design
Review Board voted to continue the application to the April 4, 2024, Design Review Board meeting. WHEREAS, The Design Review Board held a duly noticed public meeting on this project
at the April 4, 2024, to review the plans for the proposed project, which had been modified
based on the direction given at the previous meeting, to reduce the window heights, reconfigure window locations, and revised exterior materials at the new retaining walls. During the meeting, the Board examined the application materials, and the staff reports and their attachments for the December 7, 2023, January 18, 2024, March 21, 2024, and
April 4, 2024, Design Review Board meetings. The Design Review Board conducted on-
site inspections of the project site and adjacent properties and deliberated on the matter. The Design Review Board considered whether the proposed project will further the purposes set forth in Zoning Ordinance subsections 16.52.020 (A) (Purpose) and will satisfy the criteria of Zoning Ordinance Sections 16-52.020 (H) (Guiding Principles) and
whether the project conforms to the requirements of 16-52.020 (I) (4) to grant a Floor
Area Exception and 16-52.030(E) to grant a Variance for excess lot coverage. The Design Review Board heard and considered public comments from interested parties. WHEREAS, at the December 7, 2023, and March 21, 2024, and April 4, 2024, Design
Review Board public hearings on this project, as well as the January 18, 2024, study session
on this project, the adjacent property owners of 116 and 120 Lyford Drive opposed the application and raised concerns that the project, along with the variance requests, would potentially create view blockage, massing and visual impacts, and privacy impacts. The property owners of 116 and 120 Lyford Drive also raised concerns that the project is
incompatible with the neighborhood character and is inconsistent with the Town’s Design
Guidelines for Hillside Dwellings.
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WHEREAS, on April 4, 2024, the Design Review Board found, that the project, as conditioned, aligns with the Tiburon General Plan and complies with the relevant sections
of the Tiburon Zoning Ordinance, specifically subsections 16-52.020(A) (Purpose), 16-
52.020(H) (Guiding Principles), 16-52.030(E) (Floor Area Exception), and 16-52.020(I)(4) (Variance for excess lot coverage). Detailed findings are provided in Exhibit A. WHEREAS, on April 4, 2024, as part of their approval, the Design Review Board added
two conditions to the project; the family room and breakfast nook roofline shall be lowered
to match the roofline of the master bedroom and the roof color must be the same color or darker as the initial, December 7, 2023, proposal. WHEREAS, on April 15, 2024, the owners of 114 Lyford Drive (“Appellant One”) filed a
timely appeal of the Design Review Board’s decision. The appeal was based on the
condition that was added at the April 4, 2024 Design Review Board meeting to lower a section of roof by 2 feet, specifically, that the roof height was not discussed at any of the previous meetings which the owners believe showed a pattern of inconsistent direction by the Board with respect to how the owners should be modifying the design to further the
purpose set forth in subsection 16- 52.020(A) (Purpose), and satisfy the applicable criteria
of subsections 16-52.020(H) (Guiding Principles), 16-52.030 (E) (Floor Area Exception), 16-52.020 (I) (4) (Variance for excess lot coverage). WHEREAS, on April 15, 2024, the owners of 116 and 120 Lyford Drive (“Appellant
Two”) filed a timely appeal of the Design Review Board’s decision. The appeal was based
on the attendance record of the members of the Design Review Board and concern that the applicant did not incorporate the design changes requested by the Board to further the purpose set forth in subs) and 16-52.020(A) (Purpose), and satisfy the applicable criteria of subsections 16-52.020(H) (Guiding Principles), 16-52.030 (E) (Floor Area Exception),
16-52.020 (I) (4) (Variance for excess lot coverage).
WHEREAS, on May 15, 2024, the Town Council held a duly noticed public hearing, on a de novo basis, on both appeals. The Town Council heard testimony from both Appellants regarding the application and the Design Review Board's decision. In its review, the Town
Council reviewed if the subject application is consistent with the guiding principles
contained within Section 16-52.020(A) (Purposes), Section 16-52.020 (H) (Guiding Principles) of the Tiburon Zoning Code 16-52.020 (I) (4) (Floor Area Exception) and Section 16-52.030 (E) (Variances) for excess lot coverage, as detailed in Exhibit A, attached to this resolution.
WHEREAS, At the conclusion of the public hearing, the Town Council voted 3-0-2 (Fredericks, Nikfar, and Ryan voting yes, Thier and Welner absent) to direct staff to prepare a resolution denying Appellant Two's appeal and granting Appellant One's appeal to conditionally uphold the Design Review Board's approval. The condition imposed by
the Design Review Board to lower the roofline was removed and replaced with a new
condition by the Town Council requiring the square footage of glazing along the left side elevation be maintained as shown in the April 4, 2024, Design Review Board plans with an interior ceiling height of 9’.
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WHEREAS, the Town Council finds that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15301-Existing Facilities 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 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 Christian Sowul and Rynn Pressick (“Appellant Two”) and upholds the appeal of Babak Hemati and Noushin Oshidari (“Appellant One”), conditionally upholding the approval of the Design Review Board for the Site Plan and Architectural Review application property
located at 114 Lyford Drive, with a Floor Area Exception and Variance for excess lot coverage
(Files: DR2023-046/VAR2023-006/FAE2023-003) 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 regular meeting of the Town Council on June 5, 2024,
by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Nikfar, Ryan, Welner NAYS: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Thier
ABSENT: COUNCILMEMBERS: None
____________________________
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
____________________________ LEA DILENA, TOWN CLERK
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EXHIBIT A FINDINGS
114 Lyford Drive ASSESSOR PARCEL NO. 058-232-02 Files: DR2023-046/VAR2023-006/FAE2023-003 A. Requests
1. Site Plan and Architectural Review 2. Floor Area Exception 3. Variance for Excess Lot Coverage
B. Findings
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 satisfy the applicable criteria
of subsection 16-52.020(A) (Purposes) and subsection 16-52.020(H), as set forth in the
findings below:
16-52.020(A) Purposes a. Ensure that new uses and structures enhance their sites and are compatible
with the highest standards of improvement in the surrounding neighborhood.
The new use will improve and continue to support the existing home to be utilized as a single-family residence. The proposed addition would be compatible with similar remodels and new homes in the neighborhood in terms of use, scale, and height. As conditioned, the improved structure will enhance the site and maintain
the highest standards of improvements found in the surrounding neighborhood.
b. Retains and strengthens the visual quality of and attractive character of the town. The proposed architecture will be built in a style that is compatible with the existing
home and its surrounding structures. Proposed materials are consistent with current
construction trends. The proposed additions and exterior improvements will continue to retain the visual quality and character of the Town. c. Ensures that landscaping emphasizes drought tolerant native species and
protects mature vegetation.
The proposed project will retain existing landscape conditions by maintaining all mature vegetation onsite. No new landscaping is proposed. d. Recognizes the interdependence of land uses and circulation and provides for
an efficient and interconnected system of streets and pedestrian ways through town.
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The addition will not modify the existing access to the subject property. The existing entry path and driveway will be maintained. The interconnected system of
streets and pedestrian ways will not be impacted by the addition to the dwelling.
e. Assists project developers in understanding the town’s concerns for the aesthetics of construction. The proposed improvements will be aesthetically compatible with other updated
homes in the neighborhood. The proposed materials and colors will be in traditional
style with stucco and tile siding and composite shingle roof material. f. Ensures that construction complies with all applicable town standards and guidelines, and does not adversely affect community health, safety, aesthetics,
or natural resources.
The proposed additions and improvements will comply with all required development standards, apart from the lot coverage variance and floor area exception. The proposed project would not appear to 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 23,828 square foot lot with an existing single-family residence and attached garage that was originally developed in the 1960s with improvements over time. The proposed improvements are similar to scale to other
new homes and remodels in the vicinity. The project is in conformance with the
zoning requirements that are prescribed for the property, except for the excessive lot coverage and floor area, which will support orderly development of the community. The existing driveway and pathway will be maintained. The project will provide safe and reasonable access and does not appear to create detrimental
impacts to the 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 new additions will be concentrated at the top of the property, where it is most flat. The location of these improvements will maintain an adequate distance from
the existing improvements and adjoining sites, therefore ensuring attention is paid
to view considerations, privacy, the location of noise-generating exterior mechanical equipment and adequacy of light and air. The location of proposed improvements is properly related to other improvements on adjoining sites.
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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 existing home is located in a neighborhood with predominantly two-story
homes on lots with steep or uneven lots. Many additions in the neighborhood have been concentrated on flatter portions of the lots to minimize impacts on views of adjacent properties due to the change in elevation. The proposed additions are in scale with surrounding homes and recent additions and therefore maintain
neighborhood character. 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 home is 2,480 square feet with a 425 square foot attached garage. The
additions to the existing home would add 2,294 square feet, resulting in 4,774 square feet in total floor area. The proposed floor area is 391 square feet above the maximum allowable floor area of 4,383 square feet.
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. No landscaping or tree removal is proposed as part of this application; however, some grading will occur in the read yard to facilitate the construction of the
additions. All mature trees will be maintained. 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 exterior finishes include light gray stucco and blue-grey tile siding.
The proposed roof will be built with composite shingle. The proposed architectural style and exterior finish is compatible with existing developments in the vicinity and 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
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the Marin Municipal Water District regulations regarding water-efficient landscaping adopted by reference therein.
As noted above, the existing mature landscaping will remain. No new landscaping materials are proposed. 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. Recess down lighting is proposed along the walls of the exterior home and deck. All exterior lights will be shielded and downlit with no clear glass. Therefore, the
proposed lighting does not invade the privacy of other properties or produce a glare
or light pollution. 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 additions
will utilize the existing building. The proposed improvements are compatible with the existing home and the site as a whole. 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 siting 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 or RMP zone. The existing property is
located in the RO-2 zone. The building area is established by height, setbacks and other limits as specified in the development standards for the RO-2 zone in which the subject property is located. The proposed improvements comply with all standards established, with the exception of the requests for excess lot coverage and
floor area. 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, as the proposed
demolition is less than 50% of the existing exterior walls; therefore, solar panels
would not be required, and the home would not be required to have comply with Tier 1 of the CalGreen Building Code requirements.
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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 proposed project is located in the RO-2 zone. The proposed improvements will
comply with all zoning requirements, except for the excessive lot coverage and
floor area. 2. Floor Area Exception 16-52.020 (I) (4) Floor Area Exception
a. The applicant has demonstrated that the visual size and scale of the proposed structure is compatible with the predominant pattern established by existing structures in the surrounding neighborhood. The subject property is proposed to be constructed at a similar scale to other new
homes and substantial remodels in the neighborhood. Many homes in the vicinity
have exceeded the allowable floor area guidelines, including 116 Lyford (Approved
FAR of 5,985 square feet where 5,822 square feet allowed) and 111 Lyford is
(6,550 square feet where 4,831 square feet is allowed).
b. The applicant has demonstrated that the proposed structure is compatible with the physical characteristics of the site. The characteristics include, but are not limited to, shape and steepness of the lot, ease of access, and the presence of natural features worthy of retention, such as trees, rock outcroppings, stream courses and landforms. The proposed improvements are concentrated at the northern corner of the property,
where the land is more flat than the sloped rear and side yards and under the existing
footprint of the subject dwelling. This building footprint will allow for minimal
impacts in terms of views and privacy of the adjacent properties. The structure’s
location and relation to the site will also minimize the amount of disturbance to the
existing property.
3. Variance for Excess Lot 16-52.030 (E) (Variance) 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. The 23,828 square foot size of the property is slightly larger than the 20,000 square foot minimum lot size in the RO-1 zone. However, the lot slopes substantially at
the rear of the property, limiting the area that can be developed without substantial
grading. Given the development area is limited by the lot's slope, the existing
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physical constraints of the hillside create special circumstances that would deprive the owners of this property of the same development privileges enjoyed by other
properties within this zoning district.
2. The variance will not constitute a grant of special privileges, inconsistent with the limitation upon other properties in the vicinity and in the same or similar zones.
Numerous other properties have been granted variances on account of the limited
buildable area on irregularly shaped and steep lots. The applicant is requesting a variance of 16.4% which is comparable to what adjacent properties have been granted. For example, the following homes, adjacent to the subject property, were granted lot coverage above the allowable 15% in the RO-2 zone in which they are
located; 111 Lyford (22.1%), 116 Lyford (17%), 118 Lyford (16.9%), and 4 Santa
Ana Court (17.47%). Therefore, the granting of this lot coverage variance would be consistent with the limitations upon other properties in the vicinity and in the same or similar zones.
3. The strict application of this Ordinance would result in practical difficulty or unnecessary hardship. The strict application of the lot coverage would likely mean that any additions would require substantial excavation into the hillside or that massing would be added which would impact the views from adjacent properties. In addition to the
view and lot coverage implications this would create, it would create a significant
increase in building costs. These building limitations would result in practical difficulty for the applicant. Further, the proposed layout will allow the current and future owners to age in place by concentrating the primary suite at the main level of the home. The strict application of the lot coverage allowance may also mean
that there are more stairs or less accessible paths of travel to and within the subject
property. Therefore, the strict application of the lot coverage allowance results in a practical difficulty and unnecessary hardship. 4. The granting of the variance will not be detrimental to the public welfare or
injurious to other properties in the vicinity.
As described above, the proposed addition and exterior improvements would improve the usability of the subject lot and be consistent with other additions and new homes in the vicinity. The addition do not appear to have impacts to the existing views or privacy of other properties in the vicinity Given the proposed
additions and exterior improvements are consistent with other additions in the
vicinity, and the addition does not impact existing views or privacy, granting the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity.
- End of Findings –
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EXHIBIT B
CONDITIONS OF APPROVAL 114 Lyford Drive Files: DR2023-046/VAR2023-006/FAE2023-003
Town of Tiburon 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.
2. 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.
3. The construction of this project shall substantially conform to the application as reviewed and approved by the Design Review Board at the April 4, 2024 meeting, as may be amended by these conditions of approval. Any substantial modification
to the drawings dated March 27, 2024, stamped “Approved by Design Review Board
on April 24, 2024 ”, 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.
4. 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 Division approval is not valid and shall be subject to stop work orders and may require removal.
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5. 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. 6. At the time of building permit submittal, a copy of the Town Council’s Resolution,
including the attached “Findings” and “Conditions of Approval” for this project,
shall be copied onto a sheet near the front of each set of construction drawings. 7. 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.
8. Any structures located within a required setback shall not exceed three (3) feet in height at any point. 9. Throughout project construction, 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, except where allowed by Municipal Code section 16-30.040(B)(2). All new fencing, walls and footings shall be located entirely on the subject property.
10. 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.
11. 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.
12. The square footage of glazing along the left side elevation shall be maintained as shown on the plans approved by the Design Review Board on April 4, 2024 with an interior ceiling height of 9’.
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13. The building materials shall consist of the TPO roofing, stucco siding, and tile
submitted at the March 21, 2024 Design Review Board Meeting or similar
materials in a darker color scheme.
Tiburon Fire Protection District
14. The proposal shall comply with all requirements of the California Fire Code and the Tiburon Marin Fire Protection District (TFPD), prior to issuance of a building permit, including the following conditions: a. VMP for entire parcel shall be submitted to plansubmittal@tiburonfire.org
for compliance to Ordinance #131, TFD Policy #420, and Fire Safe Marin Guidelines. b. 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.
Marin Municipal Water District
15. The proposal shall comply with all requirements of the Marin Municipal Water District, prior to issuance of a building permit. Richardson Bay Sanitary District 16. The proposal shall comply with the following requirements of the Richardson Bay Sanitary District prior to issuance of a building permit: a. The existing sewer lateral must be located and marked prior to demolishing
the existing structure to insure that no debris enter the sewer system.
b. The additional plumbing fixtures will also need to be permitted through RBSD. c. Final plumbing fixture count and sewer lateral inspection are required prior to signing off on the RBSD and Town of Tiburon permits.
Tiburon Department of Public Works 17. The proposal shall comply with the following requirements of the Tiburon Department of Public Works, prior to issuance of a building permit:
a. Provide a final grading and drainage plan prior to building permit issuance.
b. All work shall comply with Best Management Practices to prevent storm water contamination.
c. 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 construction of the driveway apron. The plans shall clearly identify all proposed work in the right of way and an
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Town Council Resolution No. 10-2024 June 5, 2024 Page 14 of 14
Encroachment Permit shall be obtained prior to conducting such work.
d. This project is creating or replacing 2,500 square feet or more of impervious
surface and must implement at least one measure to reduce runoff 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
e. There are two runoff requirements: 1. Town requirement to reduce the peak flow rate to pre-development conditions.
2. BASMAA requirement to reduce the total volume of runoff from the site. 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.
Final design shall be submitted for approval by a licensed California Civil Engineer to include supporting drainage calculations prior to building permit issuance.
f. This project requires the displacement of 50 cubic yards of earth or greater and shall be subject to post rain event erosion control plans. 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 g. An erosion sediment control plan is required prior to building permit issuance.
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