HomeMy WebLinkAboutTC Agd Pkt 2015-09-02 (5)TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
September 2, 2015
Agenda Item: 10i'-
STAFF REPORT
To:
From:
Mayor and Members of the Town Council
Community Development Department
Subject: 25 Gilmartin Drive; File No. PDPA2015002; Request to Amend the
Tiburon Shores Precise Plan (PD #28) to Expand the Primary Building
Envelope on Lot 3; Darol and Tara Ryan, Owner; Mohamad Sadrieh,
Applicant; Assessor's Parcel No. 055-253-30
Reviewed By:
BACKGROUND
At is meeting of August 19, 2015 the Town Council held a public hearing an approved this
application. However, due to a noticing error, the item needs to be heard again.
The staff report from the prior meeting is attached as Exhibit A. Staff's recommendation is
unchanged.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the subject application is categorically exempt from the
requirements of CEQA per Section 15303 of the CEQA Guidelines.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on this item
2. Adopt the draft Resolution (Exhibit B) finding the project exempt from further review
under CEQA, rescinding the previously -adopted resolution, and conditionally
approving the application.
EXHIBITS
1. Staff report from the August 19, 2015 Town Council meeting, with attachments.
2. Draft Town Council Resolution.
Prepared By: Kyra O'Malley, Associate Planner
TOWN OF TIBURON PAGE 1 OF 1
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 19, 2015
Agenda Item: p7I
STAFF REPORT
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Community Development Department
25 Gilmartin Drive; File No. PDPA2015002; Request to Amend the
Tiburon Shores Precise Plan (PD #28) to Expand the Primary Building
Envelope on Lot 3; Darol and Tara Ryan, Owner; Mohamad Sadrieh,
Ap i licant; Assessor's Parcel No. 055-253-30
PROJECT DATA
Address:
Assessor's Parcel Number:
File Number:
Lot Size:
Zoning:
Precise Plan:
General Plan:
Current Use:
Owners:
Applicant:
BACKGROUND
25 Gilmartin Drive (Lot 3, Tiburon Shores)
055-253-30
PDPA2015002
28,375 square feet
RPD (Residential Planned Development)
Tiburon Shores Precise Plan (PD #28)
M (Medium Density Residential)
Vacant Lot
Darol and Tara Ryan
Mohamad Sadrieh
This application is proposing an amendment to the Tiburon Shores Precise Plan for property
located at 25 Gilmartin Drive. The applicant proposes to expand the primary building envelope
for the property to provide a more appropriate location for future construction of a new single-
family dwelling. On July 8, 2015, the Planning Commission adopted Resolution No. 2015-05
(Exhibit 2) recommending to the Town Council that the Precise Plan amendment be approved.
PROJECT DESCRIPTION
The property owner proposes to expand the existing primary building envelope to the west and
north to accommodate a proposed new 4,330 square foot single-family dwelling with an attached
2 -car garage. The existing secondary building envelope would be reduced in size with a portion
of this envelope changing to primary building envelope as part of the proposal.
TOWN OF TIBURON
PAGE 1 OF 3
EIXEIBIT NO.
Town Council Meeting
August 19, 2015
HISTORY
The Tiburon Shores Precise Plan was originally approved in 1985 by the Town Council. The
Precise Plan established primary and secondary building envelopes for each lot and set other
zoning parameters. A precise plan amendment was approved for Lot 5 of the Tiburon Shores
subdivision in 1998, which was at that time one of the few remaining vacant lots in the
subdivision. That proposal essentially combined the primary and secondary envelopes for the lot.
ANALYSIS
The subject site (Lot 3) is located at the end of a private driveway off Gilmartin Drive. It is the
last remaining vacant lot in the Tiburon Shores subdivision. The lot slopes downwards towards
Tiburon Boulevard with views of Richardson Bay, the Golden Gate Bridge and Sausalito. The
proposal to expand the primary building envelope for this parcel would decrease the setbacks on
the north, west and east side the property. The west and east setbacks would minimally decrease,
but the north setback would substantially decrease the 45 foot setback from the front of the
property provided by the current primary building envelope to 10 feet for the proposed envelope.
The proposed expansion of the primary building envelope would allow the applicant to explore
more design options for this property and to be consistent with the other primary buildings
envelopes in the vicinity, such as those found on 21 and 31 Gilmartin Drive. The future single-
family dwelling would be required to adhere to the goals and principles of the Hillside Design
Guidelines, especially regarding the potential view impacts for uphill neighbors. As an example,
the Design Review Board limited the height of the adjacent single-family residence at 21
Gilmartin Drive to an elevation of 117 feet to reduce view impacts on uphill neighbors.
The Town Council has historically supported precise plan amendments to modify building
envelopes in similar instances, where the approved envelope that was established decades ago
when the subdivision was raw land does not support an appropriate house location now that all
other homes in the immediate vicinity have been constructed.
REVIEW BY THE PLANNING COMMISSION
The Planning Commission held a public hearing on this application at its July 8, 2015 meeting.
There was no public comment on the application at the meeting. The Planning Commission
supported the proposed request and found it was in conformance with the overall intent of
Tiburon Shores Precise Plan and the Tiburon General Plan. The Commission voted 4-0 to
recommend the application for approval. Draft minutes of the July 8, 2015 meeting are attached
as Exhibit 4.
PUBLIC COMMENT
As of the date of this report, no letters have been received regarding the subject application.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the subject application is categorically exempt from the
requirements of CEQA per Section 15303 of the CEQA Guidelines.
TOWN OF Tin -RON Page , of 3
"Fo vii Council \accting
August 19, 2015
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on this item
2. Adopt the draft Resolution (Exhibit 5) finding the project exempt from CEQA and
conditionally approving the application.
EXHIBITS
1. Application form and supplemental materials
2. Planning Commission Resolution No. 2015-05
3. Planning Commission Staff Report dated July 8, 2015
4. Draft Minutes of the July 8, 2015 Planning Commission Meeting
5. Draft Resolution
Prepared By: Kyra O'Malley, Associate Planner
TOWN or TIM -RON
Pagc i nl 3
TOWN OF TIBURON
LAND DEVELOPMENT APPLICA
o Conditional Use Permit
'14 Precise Development Plan
o Secondary Dwelling Unit
o Zoning Text Amendment
o Rezoning or Prezoning
o General Plan Amendment
o Temporary Use Permit
TYPE OF APPLICATION
o Design Review (DRB)
o Design Review (Staff Level)
o Variance(s)
o Floor Area Exception
o Tidelands Permit
o Sign Permit
o Tree Permit
ECS 0\VE
�RI( JUN 10 2015
�'PCRNNING DIVISION
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o Tentative Subdivision Map
o Final Subdivision Map
o Parcel Map
o Lot Line Adjustment
o Condominium Use Permit
o Seasonal Rental Unit Permit
o Other
APPLICANT REQUIRED INFORMATION
PROPERTY SIZE: fig, 57 C. S.
ZONING: R -PD s I2
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SITE ADDRESS: Z 5 41E -mil
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v2
PARCEL NUMBER: o ,; - z 53 -
3 0
PROPERTY OWNER: VAR0 - I R12441- 4Y
MAILING ADDRESS: I 0 Clic-1m &R -n r1 b .. t4,, CN ,
PHONE/FAX NUMBER: - 5 33 - -r7 S 2 E-MAIL:
APPLICANT (Other than Property Owner) : t4 t41.4. voi O
MAILING ADDRESS: 1 Ct P1 G < u cre
tarn R-1 £.4
PHONE/FAX NUMBER: I- .11-(s 33 t 3 G3 E-MAIL: !n't n b u to a d S rx.ci-r i e h
ARCHITECT/DESIGNER/ENGINEER � am e
MAILING ADDRESS:
PHONE/FAX NUMBER:
Please indicate with an asterisk (*) persons to whom Town correspondence should be sent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):
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E-MAIL:
PXHIBIT NO.
1, the undersigned owner (or authorized agent) of the property herein descrii—d, hereby make application for
approval of the plans submitted and made a part of this application in accordance with the provisions of the Town
Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and
belief.
1 understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants
the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for
defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the
Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising
from the approval, including, without limitation, any award of attorney's fees that might result from the third party
challenge
Signature:* /��
Date:
AM As -
The property involving this permit request may be subject to deed restrictions called Covenants, Conditions and
Restrictions (CC&Rs), which may restrict the property's use and development. These deed restrictions are private
agreements and are NOT enforced by the Town of Tiburon. Consequently, development standards specified in such
restrictions are NOT considered by the Town when granting permits.
You are advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate
homeowners association and adjacent neighbors about your project prior to proceeding with construction.
Following this procedure will minimize the potential for disagreement among neighbors jjand
1pos
sible litigation.
Date: l Q! t° 1 S
Signature:*
*If other than owner, must have an authorization letter from the owner or evidence of de facto control of the
property or premises for purposes of filing this application
NOTICE TO APPLICANTS
Pursuant to California Govemment Code Section 65945, applicants may request to receive notice from the Town of Tiburon of any general
(non -parcel -specific), proposals to adopt or amend the General Plan, Zoning Ordinance, Specific Plans, or an ordinance affecting building or
grading permits.
If you wish to receive such notice, then you may make a written request to the Director of Community Development to be included on a
mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also
specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of stamped, self-addressed
envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration
of the time period requested for receiving such notices.
The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set. The Town will
determine whether a proposal is reasonably related to your pending application, and send the notice on that basis. Such notice shall be
updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect your application.
Requests should be mailed to:
Town of Tiburon
Community Development Department
Planning Division
1505 Tiburon Boulevard
Tiburon, CA 94920
(415) 435-7390 (Tel) (415) 435-2438(Fax)
www.townoftiburon.org
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RESOLUTION NO. 2015-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF
AN AMENDMENT TO THE TIBURON SHORES PRECISE PLAN (PD #28) TO EXPAND
THE BUILDING ENVELOPE
ON PROPERTY AT 25 GILMARTIN DRIVE (LOT 3)
ASSESSOR PARCEL NO. 055-253-30
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Town has received and considered an application filed by Darol and Tara Ryan for an
amendment to the Tiburon Shores Precise Plan (PD #28) to expand the building envelope
at 25 Gilmartin Drive (Lot 3). The application consists of the following:
1. Application form and supplemental materials, dated June 10, 2015
2. Site Plan dated June 10, 2015
B. The Planning Commission held a duly -noticed public hearing on July 8, 2015, and heard
and considered testimony from interested persons.
C. The Planning Commission finds that the project is exempt from the requirements of the
California Environmental Quality Act per Sections 15303 of the CEQA Guidelines.
D. The Planning Commission finds based upon application materials and analysis presented
in the July 8, 2015 Staff Report, as well as visits to the site and testimony received from
the applicant, that the project is consistent with the intent of the Tiburon Shores Precise
Plan.
E. The Planning Commission finds the project to be consistent with the goals and policies of
the Tiburon General Plan Land Use Element Policy LU -11 states that "property owners
cherish their views. Development, new construction, and associated landscaping shall be
so situated or kept low to interfere minimally with existing primary views." The
expanded building envelope would not appear to be within the primary view of the uphill
neighbors and the future design would appear to cut into the existing hillside to minimize
the height of the dwelling to reduce any potential view impacts on the uphill neighbors.
Land Use Element Policy LU -13 states that "neighborhood character, which is defined by
the predominant architectural styles, type of buildings, building heights, mass, setbacks,
landscaping, and natural characteristics, shall be of material consideration and preserved
in all construction projects, including remodels and additions, to the maximum extent
feasible." As noted previously, the proposed expanded building envelope would appear
to be consistent with the intent of the Tiburon Shores Precise Plan to retain the open
visual appearance of the site.
TIBURON PLANNING COMMISSION RESOLUTION NO. 2015-05
JULY 8, 2015 1
EXHIBIT NO. 2-)
loc
Section 2. Recommendation for Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
approval of the precise plan amendment expanding the building envelope at 25 Gilmartin Drive
(Lot 3) to the Town Council, subject to the following conditions:
1. The expanded building envelope for the property at 25 Gilmartin Drive shall be
amended as reflected on the drawing prepared by Mohamad Sadrieh, date-
stamped "Received June 10, 2015", on file with the Town of Tiburon Planning
Division in File #PDPA2015002, Planned Development #28, 25 Gilmartin Drive.
2. This approval shall in no way alter other provisions of the Tiburon Shores Precise
Plan not specifically modified herein.
3. This Precise Plan Amendment approval shall be valid for 36 months following its
effective date, and shall expire unless subsequent zoning and/or building permits
have been issued pursuant to this approval. A time extension may be granted if
such request is filed prior to the expiration date.
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on
July 8, 2015, by the following vote:
AYES: COMMISSIONERS: Corcoran, Kulik, Weller, Williams
NAYS COMMISSIONERS: None
ABSENT: COMMISSIONERS: Welnei
DAVID KULIK, CHAIR
TIBURON PLANNING COMMISSION
ATTEST:
KYRA O'MALLEY, SECRETARY
TIBURON PLANNING COMMISSION RESOLUTION NO. 2015-05 JULY 8, 2015 2
EXHIBIT NO.I
,t 2-
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Planning Commission Meeting
July 8, 2015
Agenda Item: 3
STAFF REPORT
To:
From:
Members of the Planning Commission
Community Development Department
Subject: 25 Gilmartin Drive; File No. PDPA2015002; Request to Amend the
Tiburon Shores Precise Plan (PD #28) to Expand the Primary Building
Envelope on Lot 3; Darol and Tara Ryan, Owner; Mohamad Sadrieh,
Applicant; Assessor's Parcel No. 055-253-30
PROJECT DATA
Address: 25 Gilmartin Drive (Lot 3, Tiburon Shores)
Assessor's Parcel Number: 055-253-30
File Number: PDPA2015002
Lot Size: 28,375 square feet
Zoning: RPD (Residential Planned Development)
Precise Plan: Tiburon Shores Precise Plan (PD #28)
General Plan: M (Medium Density Residential)
Current Use: Vacant Lot
Owners: Darol and Tara Ryan
Applicant: Mohamad Sadrieh
PROJECT DESCRIPTION
The project is the proposed amendment to a precise plan (the Tiburon Shores Precise Plan) for
property located at 25 Gilmartin Drive. The applicant proposes to expand the primary building
envelope for the property to allow for a more appropriate location for future construction of a
new single-family dwelling. The property is currently a vacant lot and is bordered by single-
family dwellings to the north and south, a single-family dwelling currently under construction to
the east and St. Hilary Church and School to the west.
The property owner proposes to expand the existing primary building envelope to the west and
north to accommodate a proposed new 4,330 square foot single-family dwelling with an attached
2- car garage. The existing secondary building envelope would be reduced in size with a portion
of this envelope changing to primary building envelope as part of the proposal.
BACKGROUND
The Tiburon Shores Precise Plan was originally approved in 1985 by Town Council Resolution
No. 2327 (Exhibit 3). The Precise Plan established primary and secondary building envelopes
for each lot and set other zoning parameters. A precise plan amendment was approved for Lot 5
TOWN OF TIBURON PAGE 1 OF 4
EXHIBIT NO.L1/43,
r^lunningCommission Meeting
July 3, 2015
of the Tiburon Shores subdivision in 1998, which was at that time one of the few remaining
vacant lots in the subdivision. That proposal essentially combined the primary and secondary
envelopes for the lot.
ANALYSIS
Project Design
The subject site (Lot 3) is located at the end of a private driveway off Gilmartin Drive. The lot
slopes downwards towards Tiburon Boulevard with views of Richardson Bay, the Golden Gate
Bridge and Sausalito. The current primary building envelope for this parcel occupies a square
shaped portion of the center of the lot near an existing driveway. A secondary building envelope
occupies most of the southern portion connecting to a small portion on the western side of the lot
(see Exhibit 4).
The proposal to expand the primary building envelope for this parcel would decrease the setbacks
on the north, west and east side the property. The west and east setbacks would minimally
decrease, but the north setback would substantially decrease the 45 foot setback from the front of
the property provided by the current primary building envelope to 10 feet for the proposed
envelope.
The proposed expansion of the primary building envelope would allow the applicant to explore
more design options for this property and to be consistent with the other primary buildings
envelopes in the vicinity, such as those found on 21 and 31 Gilmartin Drive. The future single-
family dwelling would be required to adhere to the goals and principles of the Hillside Design
Guidelines, especially regarding the potential view impacts for uphill neighbors. As an example,
the Design Review Board limited the height of the adjacent single-family residence at 21
Gilmartin Drive to an elevation of 117 feet to reduce view impacts on uphill neighbors.
Compliance with the Tiburon Shores Precise Plan
The building envelopes established by the Tiburon Shores Precise Plan were designed to allow
adequate space for the development of each parcel, while providing a buffer between the building
envelopes and nearby residences while optimizing the views. The requested building envelope
amendment would allow for a more appropriate location for construction of a new single-family
dwelling with a similar layout as the other homes in the vicinity, which would be facing towards
the views. The proposed building envelope would be generally similar to the other building
envelopes in the neighborhood with a primary building envelope uphill and the secondary
envelope downhill for each lot.
The subject property is one of the last lots in this area to be developed. The Planning
Commission has historically supported precise plan amendments to modify building envelopes in
such instances, where the approved envelope that was established decades ago when the
subdivision was vacant land does not support an appropriate house location now that other homes
in the immediate vicinity have been constructed.
.row OF.1.111i7Ri)\ Page 2 nl 4
EXHIBIT N0._ 3
}lanningCommission Meeting
July 8, 2015
General Plan Consistency
Staff reviewed the proposed project for consistency with the Tiburon General Plan and with
requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Land Use
Element Policy LU -11 states that "property owners cherish their views. Development, new
construction, and associated landscaping shall be so situated or kept low to interfere minimally
with existing primary views." The expanded building envelope would not appear to be within the
primary view of the uphill neighbors and the future design would appear to cut into the existing
hillside to minimize the height of the dwelling to reduce any potential view impacts on the uphill
neighbors. Land Use Element Policy LU -13 states that "neighborhood character, which is
defined by the predominant architectural styles, type of buildings, building heights, mass,
setbacks, landscaping, and natural characteristics, shall be of material consideration and
preserved in all construction projects, including remodels and additions, to the maximum extent
feasible." As noted previously, the proposed expanded building envelope would appear to be
consistent with the intent of the Tiburon Shores Precise Plan to retain the open visual appearance
of the site.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the subject application is categorically exempt from the
requirements of CEQA per Section 15303 of the CEQA Guidelines.
PUBLIC COMMENT
As of the date of this report, no letters have been received regarding the subject application.
FUTURE ACTIONS REQUIRED
The Planning Commission's action on this project would be in the form of a recommendation of
approval to the Town Council or a denial by the Commission. A Commission denial could be
appealed to the Town Council, while a recommendation for approval would be automatically
forwarded to the Town Council. If the precise plan amendment is approved by the Town Council,
any future residence would require Site Plan and Architectural Review approval and building
permits.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Hold a public hearing on this application:
2. Consider the draft resolution (Exhibit 1) recommending approval of the amendment
to the Tiburon Shores Precise Plan to the Town Council.
EXHIBITS
1. Draft Resolution
2. Application and Supplemental Materials
TOWN OF TIM "Rid\ Pap: 3 of 4
EXHIBIT N O
�,� 4-
Planning Commission Mecting
July 8, 20.1
3. Town Council Resolution No. 2327
4. Precise Plan Building Envelopes Map dated 1985
5. Submitted Plan
Prepared By: Kyra O'Malley, Associate PIanner
TOW x OF TIM -RO\ Page 4 of 4
EXHIBIT NQ.
Commissioner Weller concurred. Chair Kulik stated that the store is the anchor tenant in one of
the most prominent commercial properties in town and anything the Town can do to help the
enterprise thrive and serve the community in a way that is not disruptive at all is a good thing.
ACTION: It was M/S (Williams/Corcoran) to adopt Resolution approving the conditional use
permit for Woodlands Market. Motion carried: 4-0.
3. 25 Gilmartin Drive: Request to Amend the Tiburon Shores Precise Plan (PD #28) to
Expand the Primary Building Envelope for Lot 3; File #PDPA2015002; Darol and Tara
Ryan, Owners/Applicants; Assessor's Parcel No. 055-253-30 [KO]
Associate Planner Kyra O'Malley gave the staff report. She said that the project proposed to
amend the Tiburon Shores Precise Plan for the last vacant lot, located at 25 Gilmartin Drive. The
applicant proposes to expand the primary building envelope to the west and north to
accommodate a new single-family dwelling. The existing secondary building envelope would be
reduced in size with a portion of this envelope changing to the primary envelope as part of the
proposal. The proposal would decrease the original setbacks on the northwest and east side of the
property very minimally to what is there now. She recommended that the Commission hold the
public hearing and recommend approval to the Town Council.
Mohammad Sadrieh, applicant, stated that the owners requested expansion of the primary
building envelope in order to build a house that would take better advantage of the property and
allow the applicant to more closely conform to the Town of Tiburon design guidelines. He said
that the current envelope is inadequate, as it is considerably smaller than all other envelopes in
the vicinity, which would force a future home into a boxy straightjacket and not allow it to step
down the hillside. He added that this envelope does not take advantage of the northern part of the
lot, which is flat and on level with the driveway, out of everyone's view and the perfect spot for
a garage. He said that a fire turnaround must be built, which was not anticipated when the
building envelope was designed, and therefore locating the garage as shown made a lot of sense
and would also minimize paving. He stated that if the amendment is approved, they would still
have the smallest envelope in the vicinity and they want to be sure that the house would not
negatively impact adjacent neighbors. He said that they installed story poles to reflect the future
building heights and met with three neighbors who supported the proposal. He believed that the
revised envelope would provide the flexibility needed to design an attractive home on the site.
Chair Kulik said that when he visited the site it looked as though there were some potential to
impact the immediate downhill neighbor at 19 Gilmartin Drive and he asked if the applicant
made contact with the owner. Mr. Sadrieh said that they did not but certainly would during the
design review process.
Commissioner Weller asked what if the proposed change would affect the FAR for this lot.
Associate Planner O'Malley said that it would not.
Chair Kulik opened the public hearing. There were no speakers and the public hearing was
closed.
TIBURON PLANNING COMMISSION MINUTES - JULY 8, 2015 - MINUTES NO. 1055
DRAFT PAGE 3
EXHIBIT NO• t
Commissioner Weller said that it was good to expand the envelope to allow a house with the
same floor area to better step down the hill. He commended the applicants for talking to
neighbors and said that the Design Review Board could address any specific issues with the
house design. He supported the project.
Commissioner Corcoran concurred and thought that this was a reasonable modification which
would make for better relationship of the buildings on the adjoining lots, giving greater
separation and avoiding view blockage. He thought that there was more that could be done to
step the house back into the hillside and the Design Review Board can consider that. He
supported the project.
Vice Chair Williams agreed and thought that the expanded building envelope would minimize
view impacts and potentially enhance aesthetics. She found that the request was consistent with
the Precise Plan and with the evolution of the plan over time. She acknowledged that this was the
last lot to be developed and felt that this would not impact primary views or the character of the
neighborhood.
Chair Kulik concurred with the other Commissioners' comments. He said that when he saw the
story poles relative to the uphill neighbor, it was clear that a lot of effort was made to minimize
any view impacts. He felt that the Design Review Board could deal with any potential impacts
on the downhill neighbor and encouraged communication with the neighbor.
ACTION: It was M/S (Corcoran/Williams) to adopt the draft resolution recommending approval
of the amendment to the Tiburon Shores Precise Plan to the Town Council. Motion carried: 4-0.
4. Zoning Ordinance Text Amendments (File MCA 2015-07): Consider Recommendation
to Town Council to Adopt Amendments to Chapter 16 (Zoning) of the Tiburon
Municipal Code Regarding Prohibition of Seasonal Rental Units; Town -initiated
Amendments
Planning Manager Watrous gave the staff report, stating that this amendment would amend
Section 16.40.040 of the Tiburon zoning ordinance to replace the current provisions for issuing
seasonal rental unit permits with a prohibition of such uses. He described the history of seasonal
rental unit regulations in Tiburon and stated that when the Town Council considered possible
amendments to the regulations earlier this year, the Council directed staff to draft amendments
that would prohibit seasonal rental units altogether and begin the process of the public hearing to
consider that amendment. The proposed ordinance amendment would replace existing seasonal
rental unit provisions with a ban on vacation rentals, which is a more commonly used term, add
those terms to the zoning ordinance and then replace the current ordinance provisions with a
prohibition on vacation rentals, and a section on enforcement of this prohibition. He
recommended that the Commission hold the public hearing, take testimony, consider and discuss
the text amendments, and, if appropriate, adopt the resolution recommending approval of the text
amendments to the Town Council.
Vice Chair Williams asked if staff could comment on whether seasonal rental units generate
revenue for the Town and increase business activity. Mr. Watrous said that the Town collects
TIBURON PLANNING COMMISSION MINUTES - JULY 8, 2015 - MINUTES NO. 1055
DRAFT PAGE 4
EXHIBIT NOAA
RECORDING REQUESTED, RETURN TO:
TIBURON TOWN CLERK
1505 TIBURON BOULEVARD
TIBURON, CA 94920
Record without fee per G.C. 27383
RESOLUTION NO. DRAFT -2015
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AN AMENDMENT TO THE TIBURON SHORES PRECISE PLAN (PD
#28) TO EXPAND THE PRIMARY BUILDING ENVELOPE
ON PROPERTY AT 25 GILMARTIN DRIVE (LOT 3)
ASSESSOR PARCEL NO. 055-253-30
WHEREAS, on July 8, 2015, the Planning Commission held a public hearing to
consider the approval of an amendment to the Tiburon Shores Precise Plan (PD #28) to
expand the primary building envelope at 25 Gilmartin Drive (Lot 3); and
WHEREAS, after receiving public testimony and considering the application (File
# PDPA2015002) at that hearing, the Planning Commission adopted Resolution No.
2015-05 recommending to the Town Council that the precise plan amendment be
approved; and
WHEREAS, on August 19, 2015, the Town Council held a public hearing on this
application and after hearing all testimony and reviewing all documents on the record, the
Town Council concurred with the findings made by the Planning Commission and found
that the proposed precise plan amendment to expand the primary building envelope for
the property at 25 Gilmartin Drive (Lot 3) would be consistent with the overall intention
of the Tiburon Shores Precise Plan and the policies contained within the Tiburon General
Plan; and
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15303 of the
CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve the requested amendment to the Tiburon Shores Precise
Plan, subject to the following conditions:
1. The expanded building envelope for the property at 25 Gilmartin Drive
shall be amended as reflected on the drawing prepared by Mohamad
Sadrieh, received July 8, 2015. Said drawing is on file with the Town of
Tiburon Planning Division in File #PDPA2015002 of Planned
TIBURON TOWN COUNCIL
RESOLUTION NO. DRAFT -2015 August 19, 2015 1
Development No. 28, 25 Gilmartin Drive.
2. This approval shall be valid for 36 months following its effective date, and
shall expire unless subsequent zoning and/or building permits have been
issued pursuant to this approval. A time extension may be granted if such
request is filed prior to the expiration date.
3. This approval shall in no way alter other provisions of the Tiburon Shores
Precise Plan not specifically modified herein.
PASSED AND ADOPTED at a regular meeting of the Town Council on August
19, 2015, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL
FRANK X. DOYLE, MAYOR
TOWN OF TIBURON
RESOLUTION NO. DRAFT -2015 August 19, 2015 2
exHi SIT No.
RECORDING REQUESTED, RETURN TO:
TIBURON TOWN CLERK
1505 TIBURON BOULEVARD
TIBURON, CA 94920
Record without fee per G.C. 27383
RESOLUTION NO. XX -2015
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
RESCINDING RESOLUTION NO. 31-2015 AND APPROVING AN AMENDMENT
TO THE TIBURON SHORES PRECISE PLAN (PD #28) TO EXPAND THE
PRIMARY BUILDING ENVELOPE
ON PROPERTY AT 25 GILMARTIN DRIVE (LOT 3)
ASSESSOR PARCEL NO. 055-253-30
WHEREAS, on July 8, 2015, the Planning Commission held a public hearing to
consider the approval of an amendment to the Tiburon Shores Precise Plan (PD #28) to
expand the primary building envelope at 25 Gilmartin Drive (Lot 3); and
WHEREAS, after receiving public testimony and considering the application (File
# PDPA2015002) at that hearing, the Planning Commission adopted Resolution No.
2015-05 recommending to the Town Council that the precise plan amendment be
approved; and
WHEREAS, on August 19, 2015, the Town Council held a public hearing on this
application approved the precise plan amendment application by adopting Resolution No.
31-2015; and
WHEREAS, is was subsequently discovered that a noticing error had occurred
and staff determined that the prior Town Council action was invalid absent a properly -
noticed public hearing; and
WHEREAS, the Town Council held a duly -noticed public hearing on the
application on September 2, 2015 and after hearing all testimony and reviewing all
documents in the record, the Town Council concurred with the findings made by the
Planning Commission and found that the proposed precise plan amendment to expand the
primary building envelope for the property at 25 Gilmartin Drive (Lot 3) would be
consistent with the overall intention of the Tiburon Shores Precise Plan and the policies
contained within the Tiburon General Plan; and
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15303 of the
CEQA Guidelines.
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 September 2,
2015 1
EXHIBIT NO.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve the requested amendment to the Tiburon Shores Precise
Plan, subject to the following conditions:
1. The expanded building envelope for the property at 25 Gilmartin Drive
shall be amended as reflected on the drawing prepared by Mohamad
Sadrieh, received July 8, 2015. Said drawing is on file with the Town of
Tiburon Planning Division in File #PDPA2015002 of Planned
Development No. 28, 25 Gilmartin Drive.
2. This approval shall be valid for 36 months following its effective date, and
shall expire unless subsequent zoning and/or building permits have been
issued pursuant to this approval. A time extension may be granted if such
request is filed prior to the expiration date.
3. This approval shall in no way alter other provisions of the Tiburon Shores
Precise Plan not specifically modified herein.
BE IT FURTHER RESOLVED that Town Council Resolution No. 31-2015,
adopted August 19, 2015, is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the Town Council on
September 2, 2015, by the following vote:
AYES:
NAYS:
ABSENT:
FRANK X. DOYLE, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 September 2, 2015 2