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Town Council Resolution No. 21-2025 June 18, 2025 Page 1 of 12
RESOLUTION NO. 21-2025
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY THE “NEIGHBORS OF 4 OWLSWOOD ROAD”, BILL AND CHRISTINE BERRY (9 OWLSWOOD), MICKEY AND OFER ALON (7 OWLSWOOD), TEVEIA BARNES AND ALAN SANKIN (10 OWLSWOOD), CAROLYN WENDLER AND FRED SELINGER (6 OWLSWOOD), AND LARRI
AND LYNN (5 OWLSWOOD), OF THE DESIGN REVIEW BOARD’S DECISION TO CONDITIONALLY APPROVE THE SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION (FILE NOS. DR2024-135, VAR2024-042, AND VAR2024-043) FOR THE CONVERSION OF AN EXISTING CAR DECK TO AN APPROXIMATELY 550 SQUARE FOOT GARAGE WITH TWO VARIANCE
REQUESTS FOR 1) A REDUCED FRONT YARD SETBACK OF APPROXIMATELY 2’ WHERE 30’ IS REQUIRED AND 2) TO INCREASE THE EXISTING 20 PERCENT LOT COVERAGE TO 21.5 PERCENT WHERE 15 PERCENT IS THE MAXIMUM PERMITTED AT 4 OWLSWOOD ROAD.
(ASSESSOR PARCEL NO. 058-132-21)
WHEREAS, on March 20, 2025, the Design Review Board held a duly noticed public hearing to consider a Site Plan and Architectural Review application (File Nos.
DR2024-135, VAR2024-042, and VAR2024-043) filed by Anne Forell Architecture
(“Applicants’) for the conversion of an existing car deck to a garage with variances for excess lot coverage and a reduced front setback of 2’ where 30’ is required on a R-1 zoned property located at 4 Owlswood Road; 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 March 20, 2025, the Design Review Board reviewed the project,
based upon the application materials and analysis provided in the staff report 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
Plan and Architectural Review Applications) , and Section 16-52.030 (E)(Variance); and.
WHEREAS, on March 20, 2025, the Design Review Board reviewed the draft resolution of approval with conditions. Upon receiving public testimony and deliberations, the Design Review Board voted 5-0 to approve the project by a resolution with an added condition of approval requiring the addition of at least 1 (one) street-facing
window at the right side of the garage, that has a minimum sill height of 24 inches and
has a minimum area of 10 (ten) square feet.
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WHEREAS, on March 31, 2025, the “Neighbors of 4 Owlswood Road”, Bill and
Christine Berry (9 Owlswood), Mickey and Ofer Alon (7 Owlswood), Teveia Barnes and
Alan Sankin (10 Owlswood), Carolyn Wendler and Fred Selinger (6 Owlswood), and Larri and Lynn (5 Owlswood) (“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.
WHEREAS, on June 4, 2025, 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 made a
motion to grant the appeal and deny the application, which was voted 2-2-1 ( Fredericks
and Their voted yes, Nikfar and Ryan voted no, and Welner was absent). Under Tiburon Municipal Code section 16-66.030(D)(1), the lack of an affirmative majority of those voting for granting or partially granting an appeal, including a tie vote, constitutes a denial of the appeal. A subsequent motion was made to partially grant the appeal and
request amendments to the design to reduce the building height and or change the roof
pitch, which was voted 2-2-1 ( Fredericks and Their voted yes, Nikfar and Ryan voted no, and Welner was absent ). Under Tiburon Municipal Code section 16-66.030(D)(1), the lack of an affirmative majority of those voting for granting or partially granting an appeal, including a tie vote, shall constitute a denial of the appeal.
WHEREAS, Given there was no majority vote to grant an appeal or partially grant an appeal, the Town Council’s action constituted a denial of the appeal. Accordingly, a resolution denying the appeal and upholding the Design Review Boards decision has been prepared for consideration of adoption.
WHEREAS, by its action constituting a denial of the appeal, the 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);), as detailed in Exhibit A, attached to this resolution. WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 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, in accordance with the Town Council’s denial on June 4, 2025, Town Staff prepared a draft resolution denying the appeal and upholding the Design
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Review Board’s decision to approve the Site Plan and Architectural Review Application (File Nos. DR2024-006/FAE2024-005).
WHEREAS, on June 18, 2025, Town Staff presented, and the Town Council considered the resolution denying the appeal and upholding the Design Review Board’s decision to approve the Site Plan and Architectural Review Application (File Nos. DR2024-135, VAR2024-042, and VAR2024-043).
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 the “Neighbors of 4 Owlswood Road”, Bill and Christine Berry (9
Owlswood), Mickey and Ofer Alon (7 Owlswood), Teveia Barnes and Alan Sankin (10 Owlswood),
Carolyn Wendler and Fred Selinger (6 Owlswood), and Larri and Lynn (5 Owlswood), and approves the Site Plan and Architectural Review application (File Nos. DR2024-135, VAR2024-042, and
VAR2024-043) for the conversion of an existing car deck to an approximately 550 square foot garage
with two Variance requests for 1) a reduced front yard setback of approximately 2’ where 30’ is required and 2) to increase the existing 20 percent lot coverage to 21.5 percent where 15 percent is the maximum
permitted at 4 Owlswood Road 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 18, 2025 by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Nikfar, Ryan, Thier
NAYS: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Welner
____________________________ HOLLI THIER, MAYOR
TOWN OF TIBURON
ATTEST:
___________________________________ LEA DILENA, TOWN CLERK
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EXHIBIT A FINDINGS
4 OWLSWOOD ROAD ASSESSOR PARCEL NO. 058-132-21 File Nos. DR2024-135, VAR2024-042, and VAR2024-043
A. Findings
The Design Review Board makes the following findings for Site Plan and Architectural Review (TMC § 16-52.202(A) and (H)). 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) because the proposed use and structures will satisfy the applicable criteria of subsection 16-52.020(H), as set forth in the findings below:
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 14,550 square foot lot with an existing two-story single-family dwelling that was originally developed in the 2000s. The proposed
additions would be consistent with the scale of homes within the vicinity because
the location of the garage follows a similar footprint to existing car deck. The garage would mirror the architectural style and scale of the existing home. Apart from the reduced front setback and lot coverage, which are already non-conforming, the proposed project is in conformance with the zoning requirements
prescribed for the property. For these reasons, the garage would support orderly
development of the community. The project has proper relation to its site because it is located within the footprint of the lot that has already been developed. The project will not 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.
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The subject and adjacent properties are on lots that slope substantially from the street to the rear yard. The garage will be concentrated primarily within the
existing footprint. Adjacent lots are either higher or have views facing an opposite
direction of where the subject garage would be located, minimizing impacts to view and privacy. No new mechanical equipment is proposed.
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 predominately two-story homes on lots that slope uphill. The garage conversion in the existing car deck will retain character of the lot and surrounding properties that have been
developed with similarly building footprints.
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.
There is no change to the existing floor area ratio, as the Municipal Code exempts the first 600 square feet of garage for lots that are between 7,500 and 60,000 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 grading or tree removal is proposed to facilitate the construction of the garage.
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. 7.
The proposed architectural style and exterior finish will mimic the existing wood
siding and shingled roofing of the primary dwelling. The materials will not be reflective or in stark contrast with its surroundings. 8. 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
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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.
No new landscaping is proposed as part of this application and all existing
landscaping will be retained. 9. 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. As conditioned, all exterior lighting will be fully shielded and downlit, with minimal use of clear glass.
10. 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 new garage
would utilize the existing footprint of the developed card deck and allow for
future additions to the property. 11. 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 envelope is established by height, setbacks
and other limits as specified in the development standards. With the exception of the reduced front setback and lot coverage, which are already non-conforming, the proposed project is in conformance with the zoning requirements prescribed for the property.
12. Green building. The project design includes features that foster renewable energy and/or resource conservation.
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The project is not characterized as a new-single family dwelling; therefore, solar panels would not be required.
13. 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 garage conversion is consistent in scale and design of other homes in the vicinity and will support future growth. The proposed project is located in the
RO-2 zone. With the exception of the reduced front setback and lot coverage,
which are already non-conforming, the proposed project is in conformance with the zoning requirements prescribed for the property.
16-52.030 (E) Variance 2. 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. Front Yard Setback
The subject property is consistent with the required size for lots in the RO-2 Zone.
However, the lot is substantially limited in buildable area given the approximately 39.2% slope. This creates a special circumstance that would deprive the owners of the property of development privileges enjoyed by other properties in the vicinity that have been developed in a similar manner.
Lot Coverage Likewise, the area in which the garage would be built is already developed and would result in minimal earth movement. A strict application of the Ordinance
would require consideration for alternate locations that would require substantial
modifications to the existing hillside that may not be appropriate or feasible for vehicular access. 3. 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. Front Yard Setback
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The existing nonconforming location of the car deck, created because of the
access easement that is located within the property boundary, limits the location
where structures may be built. This is compounded by the rear yard slope. Other properties have been granted variances based on access easements that run through the property boundaries, reducing the area of the front yard. Therefore, the granting of this variance will not be a special privilege.
Lot Coverage It has been common practice to grant variances for lot coverage in areas where there is limited buildable areas due to site conditions or when an expansion is
proposed in a location where there is an existing non-conformity.. For this reason,
granting the variance would not be a special privilege. 4. The strict application of this Ordinance would result in practical difficulty or unnecessary hardship.
Front Yard Setback The existing deck is non-conforming, as it is located within the existing setback. The strict application of the front yard setback would require the garage to be
located with access further down the hillside. Relocating the deck would require
more grading into the existing hillside and could present view, noise, and privacy concerns for the adjacent properties. Lot Coverage
Similarly, the existing building coverage exceeds the maximum permitted within the RO-2 zone, meaning any modification would require consideration of a variance. The strict application of the ordinance would restrict the circulation or available storage at the street level.
5. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity. Front Yard Setback
The proposed structures would not appear to be detrimental or injurious to neighboring properties, as these improvements would maintain the same general character because the additions to the existing structure and do not impact, for example, the views or privacy or result in noise impacts on the neighbors.
Lot Coverage
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By converting the existing car deck in a similar, the project will also assist in mitigating any adverse impacts to adjacent properties including view, privacy and
noise. For these reasons, the granting of the variance will not be detrimental to the
public welfare or injurious to other properties in the vicinity.
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EXHIBIT B CONDITIONS OF APPROVAL
4 OWLSWOOD ROAD File Nos. DR2024-076,VAR2024-021,and VAR2024-040 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. 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
reviewed and approved by the Design Review Board at the March 20, 2025 meeting, as may be amended by these conditions of approval. Any substantial modification to the drawings dated December 17, 2024, stamped “Approved by Design Review Board on March 20, 2025 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. 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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12. 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. 13. 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. 14. 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.
15. 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.
16. Prior to the issuance of a building permit, a construction management plan shall be submitted for review and approval. The construction management plan will include details necessary to ensure traffic and parking impacts on the area are
mitigated. 17. 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. 18. Prior to the issuance of a building permit, revised plans should be submitted
showing the addition of 1 (one) window at the right, street-facing, elevation, that
has a minimum sill height of 24 inches and has a minimum area of 10 (ten) square feet. 19. The proposal shall comply with all requirements of the California Fire Code and
the Tiburon Fire Protection District (TFPD.
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20. The proposal shall comply with the following requirements of the Tiburon Department of Public Works, prior to issuance of a building permit:
• Provide a final grading and drainage plan prior to building permit issuance.
• All retaining walls shall be back drained.
• All paved and unpaved finished surfaces shall be positively drained. Finished
slopes and elevations shall be shown on the plans.
• All work shall comply with Best Management Practices to prevent storm water contamination.
• 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 Encroachment Permit shall be obtained prior to conducting such work.
• Projects that create or replace 2,500 square feet or more of impervious surface 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.
• 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
• An erosion sediment control plan is required prior to building permit issuance.
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