Design Review Board Meeting

TOWN OF TIBURON Design Review Board Meeting f 1505 Tiburon Boulevard January 19, 2017 Tiburon, CA 94920 Agenda Item: ryy STAFF REPORT To: Members of the Design Review Board From: Subject: Reviewed By: Planning Manager Watrous 2314 Mar East Street; File Nos. DR2016150/ VAR2016046/ VAR2016049; Site Plan and Architecture Review for Construction of Exterior Alterations to an Existing Two- Family Dwelling, with Variances for Reduced Front and Side Setbacks PROJECT DATA ADDRESS: 2314 MAR EAST STREET OWNERS: CARL AND KAREN MORABITO APPLICANT: HOLSCHER ARCHITECTURE ASSESSOR' S PARCEL: 059-195- 03 FILE NUMBERS: DR20161SONAR2016046 LOT SIZE: 6, 848 SQUARE FEET ZONING: R- 2 ( TWO- FAMILY RESIDENTIAL) GENERAL PLAN: MH (MEDIUM HIGH DENSITY RESIDENTIAL) FLOOD ZONE: X DATE COMPLETE: DECEMBER 15, 2016 PRELIMINARY ENVIRONMENTAL DETERMINATION Town Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA), as specified in Section 15303. PROJECT DESCRIPTION The applicant is requesting Design Review approval for the construction of exterior alterations to an existing two- family dwelling on property located at 2314 Mar East Street. A new exterior stairway is proposed to provide access from the upper dwelling unit to the mechanical equipment located below the lower unit. TOWN OF TIBURON PAGE I OF 6

T c im I c i 1'> rird \ Iec IM January ary The floor area and lot coverage for the property would remain unchanged. The proposed stairway would extend to within 8 feet, 2 inches of the front property line. As a 15 foot front setback is required in the R- 2 zone, a variance is therefore requested for reduced front setback. The stairway would also extend to approximately within 1 foot, 3 inches of the side property line. As an 8 foot side setback is required in the R- 2 zone, a variance is also requested for reduced side setback. A color and materials board has not been submitted, as the materials would match those of the existing residence. PROJECT SETTING li y,. 12314 Mar East;SUVOt,' c The subject property is located along the waterfront along Mar East Street. The lot includes a relatively small dry land area upon which the existing residence is located and which slopes down from the street toward San Francisco Bay. ANALYSIS Design Issues The proposed stairway would not particularly visible from the adjacent home at 2322 Mar East Street, as that home has few windows from which the stairway could be viewed. The use of the stairways for accessing the mechanical equipment area on the property would limit any potential privacy issues related to these improvements. The stairway would not be visible from any other homes in the vicinity. The owners of the property at 2322 Mar East Street have raised concerns about the actual location of the shared side property line. The submitted plans show that the stairway would be 3 feet, 3 inches from the side property line, but the neighbor contends that his survey shows the side property line in a different location, which would reduce the actual setback to 1 foot, 3 inches from the property line. Staff prepared notices for the requested variance based on the lesser setback out of an abundance of caution. The location of the proposed stairway improvements in TOWN OF TIBURON PAGE 2 OF 6

DC' sio; n lac\ icw 1 o,trd \ cairn" Januar}' 19, 201 relation to the neighbors' home is not in question, as the stairway would be constructed adjacent to an existing retaining wall, fixing its location relative to the neighboring home. Zoning Staff has reviewed the proposal and finds that it is in conformance with the development standards for the R- 2 zone, with the exception of the requested variances for reduced front and side setbacks. In order to grant the requested variances, the Board must make all of the following findings required by Section 16-52. 030 ( E) of the Tiburon Zoning Ordinance: 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 ofprivileges enjoyed by other properties in the vicinity and in the same or similar zones. The subject property is smaller than the 7, 500 square foot minimum lot size required in the R- 2 zone and is a narrow, bayside lot, similar to other properties along this portion of Mar East Street. These characteristics are special circumstances applicable to this property whereby the strict application of the front and side setback requirements would deprive the owners of this property of development privileges enjoyed by other properties in the vicinity. 2. The Variance will not constitute a grant ofspecial privileges, inconsistent with the limitations upon other properties in the vicinity and in the same or substantially the same zone. Numerous other properties in the R- 2 or similar zones have received variances for reduced front and/ or side setbacks for additions to provide appropriate building access on similarly constrained lots. 3. The strict application of this Zoning Ordinance would result in practical difficulty or unnecessary physical hardship. Self-created hardships may not be considered among the factors that might constitute special circumstances. A self-created hardship results frons actions taken by present or prior owners of the property that consciously create the very difficulties or hardships claimed as the basis for an application for a Variance. The strict application of the front and side setback requirements for this property would prevent appropriate access from the upper dwelling unit to the mechanical equipment which serves that residence, which creates a practical difficulty for the applicant. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity. TOWN OF TIBURON PAGE 3 OF 6

Dcsion Rc\ jcw Rom-d \ lees in R.2017 The proposed project would not create substantial view or privacy impacts for other homes in the vicinity. From the evidence provided, Staff believes that there is sufficient evidence to support the findings for the requested variances. Public Comment As of the date of this report, one letter has been received regarding the subject application from the owner of the property at 2322 Mar East Street. RECOMMENDATION The Design Review Board should review this project with respect to Zoning Ordinance Sections 16-52. 020 ( H) ( Guiding Principles) and determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303. If the Board finds the design to be acceptable, Staff recommends that the attached conditions of approval be applied. ATTACHMENTS 1. Conditions of approval 2. Application and supplemental materials 3. Letter from Mark Dickinson, dated January 3, 2017 4. Submitted plans Prepared By: Daniel M. Watrous, Planning Manager TOWN OF TIBURON PAGE 4 OF 6

I) csiqn Rc\ icw Board \ lcclii CONDITIONS OF APPROVAL 2314 MAR EAST STREET FILE #DR2016150/ VAR2016046/ VAR2016049 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. Construction shall conform with the application dated by the Town of Tiburon on November 28, 2016, or as amended by these conditions of approval. Any modifications to the plans of November 28, 2016 must be reviewed and approved by the Design Review Board. 3. Project elements shown on construction drawings submitted to the Building Division for plan check shall be essentially identical to those project elements shown on drawings approved by the Design Review Board. The permit holder is responsible for clearly identifying on construction drawings any and all changes to project elements. Such changes must be clearly highlighted (with a " bubble" or" cloud") on the construction drawings. A list describing in detail all such changes shall be submitted and attached to the construction drawings, with a signature block to be signed by the Planning Division Staff member indicating whether these changes have been reviewed and are approved, or will require additional Design Review approval. All such changes that have not been explicitly approved by the Town are not " deemed approved" if not highlighted and listed on construction drawings. Construction of any such unapproved project elements is in violation of permit approvals and shall be subject to Stop Work Orders and removal. 4. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. 5. All exterior lighting fixtures other than those approved by the Design Review Board must be down- light- type fixtures. 6. If this approval is challenged by a third party, the property owner/ applicant will be responsible for defending against this challenge. The property owner/ applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney' s fees that might result from the third party challenge. 7. A copy of the Planning Division' s " Notice of Action" including the attached " Conditions of Approval" for this project shall be copied onto a plan sheet at the beginning of the plan set( s) submitted for building permits. 8. Prior to issuing a grading or building permit the applicant shall implement measures for TOWN OF TIBURON PAGE 5 OF 6

he; igll Rc\ jni>o' lyd \( cerin; ania11ry 19, 017 site design, source control, run- off reduction and stormwater treatment as found in the Bay Area Stormwater Management Agency Association ( BASMAA) Post- Construction Manual available at the Planning Division or online at the Marin County Stormwater Pollution Prevention Program ( MCSTOPPP) website at www.mestoppp. org. 9. All requirements of the Town Engineer shall be met, including, but not limited to, the following, which shall be noted on building plan check plans: a. The public right-of-way shall be protected from damage during construction, or repairs shall be made to the satisfaction of the Tiburon Public Works Department. b. Any proposal that would encroach onto the public right-of-way is not permitted. This would include fences, retaining walls and other structures. C. Typical encroachments, such as driveway approaches, walkways, drainage facilities, and short- height landscaping, need to be processed through a standard Public Works encroachment permit application with plans for review. d. A drainage plan shall be provided prior to issuance of building permits, showing existing and new drainage features and their location of dispersal. No lot-to- lot drainage is allowed except where easements for drainage are provided. No drainage shall discharge across sidewalks. 10. The final landscape and irrigation plans must comply with the current water efficient landscape requirements of the Marin Municipal Water District. 11. The project shall comply with the requirements of the California Fire Code and the Tiburon Fire Protection District, including, but not limited to, the following: a. The structure shall have installed throughout an automatic fire sprinkler system. The system design, installation and final testing shall be approved by the District Fire Prevention Officer. This requirement shall be noted on plans submitted for building permits. CFC 903. 2 b. Approved smoke and carbon monoxide alarms shall be installed to provide protection to all sleeping areas. CFC 907. 2. 10 C. The vegetation on this parcel shall comply with the requirements of TFPD and the recommendations of Fire Safe Marin. CFC 304. 1. 2 12. The application shall comply with all permitting requirements of the Bay Conservation and Development Commission. TOWN OF TIBURON PAGE 6 OF 6

r TOWN OF TIBURON LAND DEVELOPMENT APPLICATION TYPE OF APPLICATION o Conditional Use Permit esign Review( DRB) o Tentative Subdivision Map o Precise Development Plan O Design Review( Staff Level) o Final Subdivision Map o Secondary Dwelling Unit Variance( s) I _# o Parcel Map o Zoning Text Amendment o Floor Area Exception o Lot Line Adjustment o Rezoning or Prezoning o Tidelands Permit o Condominium Use Permit o General Plan Amendment o Sign Permit o Seasonal Rental Unit Permit o Temporary Use Permit o Tree Permit o Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: 2 kq AGer Ee' sy 6. PROPERTY SIZE: 5 PARCEL NUMBER: Q c k0k 5 D ZONING: ( PROPERTY OWNER: Carl and Karen Morabito MAILING ADDRESS: 2314 Mar East St. Tiburon, CA 94920 PHONE/ FAX NUMBER: E- MAIL: APPLICANT (Other than Property MAILING ADDRESS: PHONE/ FAX NUMBER: Owner): same as owner E- MAIL: NOV 28 2016 ARCHITECT/ DESIGNER/ ENGINEER Holscher Architecture - David Holscher MAILING ADDRESS: 1550 Tiburon Blvd. Suite V Belvedere, CA 94920 PHONE/ FAX NUMBER: 4k 521 E- MAIL: Please indicate with an asterisk (*) persons to whom Town correspondence should be sent. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet ifneeded): see attached separate sheet SUP/'/./ iralin7al, APPLIC'A77oN FORM l nr MINOR AL77iRA77ON TOWN OF 77BURON RI-l". 04/ 2014 PAGE 4

I, the undersigned owner( or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part ofthis application in accordance with the provisions ofthe Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I 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: 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 and possible litigation. Signature:* Date: If other than owner, must have an authorization letterfrom the owner or evidence of de facto control ofthe property or premises for purposes offiling this application NOTICE TO APPLICANTS Pursuant to California Government Code Section 65945, applicants may request to receive notice from the Town of Tiburon of any general( non- parcelspecific), 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 ofthe 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.or2 NOV 2 8 2016 DO NOT WRITE BELOW THIS LINE VAP-U - 46 DEPARTMENTAL PROCESSING INFORMATION Application No.: N-Ul -Isla GP Designation: Fee Deposit:9 Date Received: i Received Byj Receipt 9.2 Date Deemed Complete: l415ttf By: Acting Body: Action: Date: Conditions of Approval or Comments: Resolution or Ordinance# SUl' PLIsMi NIAL APPi.ICA'/'ION FORM I;OR MINOR AL7%s' ital70n 7YJWN OF 7IBURON Iusb: 04/ 2014 PAGE 5

NOR ALTERATION SUPPLE 7ENT Please fill in the information requested below: 1. Briefly describe the proposed project ( attach separate sheet as needed): See attached separage sheet 2. Lot area in square feet (Section 16-100. 020( L))*: Zoning: 3. Square footage of Landscape Area: ne 4. Proposed use of site ( example: sin le family r sidential commercial, etc.): Existing n res dcer ` Proposed r" 5. Describe any changes to parking areas including number of parking spaces, turnaround or maneuvering areas. r\ b c nov' Y%1 TO BE COMPLETED BY APPLICANT STAFF USE ONLY Yards ITEM EXISTING PROPOSED ADDITION PROPOSED CAL- PER ZONE Setbacks from property line) Section 16-100. 020( 020( Y))-- Y))* AND/ OR ALTERATION Front Front 25'- 5 1/ 2" NO CHANGE 8'- 2 1/ 2" CULATED Rear N/ A ft. NO CHANGE ft, N/ A Right Side N/ A ft. NO CHANGE ft. N/ A Left Side N/ A ft. NO CHANGE ft. N/ A ft. ft. ft. Maximum Height Section 16-30. 050)* N/ A ft. NO CHANGE ft. N/ A ft. ft. ft. Lot Coverage N/ A NO CHANGE N/ A Section 16-30. 120( B))* sq.ft. sq.ft sq.ft. sq. ft. sq.ft. Lot Coverage as N/ A NO CHANGE N/ A Percent of Lot Area Gross Floor Area N/ A NO CHANGE N/ A Section 16- sq.ft. sq. ft. sq. ft. sq. ft. sq.ft. 100. 020( F))* Section numbers refer to specific provisions or definitions in the Tiburon Municipal Code, Title IV, Chapter 16 ( Zoning) S:\ Planning\ Forms\Current Forms\ Design Review Board Application for Minor Alteration 9-2012. doc 31b wl 1AP- R i1 4 b fid 1. SUPPLL ML; N'IAL Am uca7,ion FORM FOR/ VINO/?ALThWAlION 70HIN OF 77HURON Rh'V. 0412014 A X

NOV 2 8 2016 Planning Division Community Development Department 1505 Tiburon Boulevard Tiburon, CA 94920 Phone (415) 435-7390 FAX( 415) 435-2438 www.towno/ tiburon.orq APPLICATION FOR VARIANCE A Variance is a form of regulatory relief available when a strict or literal application of zoning regulation or standards would result in practical difficulties or unnecessary physical hardships for an applicant. These difficulties and/ or hardships must be caused by physical conditions on or in the immediate vicinity of a site. Please refer to Section 16. 52. 030 of Chapter 16 Zoning) of the Tiburon Municipal Code for additional information regarding Variances. WHAT VARIANCE( S) ARE YOU REQUESTING? This Magnitude Zoning Existing Application Of Variance Condition Requirement Condition Proposes Requested 1. Front Setback 4._..., 2 s GA- C fy a ux}t i4 y Rear Setback Left Side Setback Right Side Setback Lot Coverage Height Parcel Area Per Dwelling Unit Usable Open Space Parking Expansion of Nonconformity Other ( Please describe): APPLICATION FOR VARIANCE TOWN OF TIBURON REV 03/ 2016 Page I

DESCRIPTION OF PROPOSED PROJECT Karen and Carl Morabito - 2314 Mar East Street The property is zoned R- 2 and is a duplex (one unit on top of the other). The proposed project is an exterior stair that connects the top floor with the floor below. This is necessary in order to provide access from the upper unit to its mechanical equipment located below the lower unit, as well as other repairs that may need to be done on the structure. Due to the width of the lot and the side yard setbacks, there is no other possible way to gain access to the mechanical equipment for the upper unit and the structural elements of the home without going through the master bedroom of the separate, lower unit. The stair will be 3' 3" away from the side property line when S' 0" is allowed. The location of the stair within the carport will allow the existing and 20' parking pad to remain. Required Findings: 1. The special circumstance is the lot is only 28'- 81/2" wide with a required 20'- 0" wide parking area, making it impossible to have a strict application of the Zoning law. 2. It is not a special privilege as numerous homes in the vicinity have side yard variances due to the narrow lots. 3. The strict application of the Zoning law would preclude access from the upper unit to its mechanical equipment from this duplex. 4. An exterior stair would not be detrimental to public welfare as it provides needed access to mechanical equipment, as well as for the Fire Department. Access provides a means to repair and replace mechanical gear, as well as perform repairs to elements of the structure. NOV 2 0 2010

Hi Dan, Happy New Year. We are in communication with Carl & Karen Morabito regarding their proposed improvement to their property at 2314 Mar East St. We are aware that they are scheduled for design review on the 19th of January. Since we will not be available when the notices go out, I am sending you an email listing our concern. As far structural and construction work, we have no issues. Our only disagreement is with the displayed property line and the numbers listed for the encroachment waiver. We paid to have a record ofsurvey done by Larry Stevens Associates that was recorded 18 Oct, 2013. These recorded numbers are in conflict with what is showing on the Morabito' s plans. If Design Review has no qualms about the encroachment (setback), no matter the amount ( our estimate is that they will be encroaching up to within 1. 3 feet from the property line, not the 3' 3" depicted on their plans), then we have no problem whatsoever with the application. We are concerned because Town Ordinance section 16-30. 030 states: In no case shall such structures extend to within three.feet of any propero; line (referring to outdoor stairways). Respectfully, Mark Dickinson 2322 Mar East St. I

K ra O' Malley I From: Sent: To: Subject: Sono < sonozhang@yahoo.com> Thursday, January 12, 2017 9: 18 AM Kyra O' Malley Fwd: 2314 Mar East Application JAIVI ^ a Sono Begin forwarded message: From: Peter Wilton <wiltonrhaas. berkeley.edu> Date: January 11, 2017 at 4: 36: 19 PM PST To: Dan Watrous < dwatrous a,townoftiburon. org> Cc: "' Sono"' < sonozhang_ yahoo.com> Subject: Re: 2314 Mar East Application Reply-To: wiltona,haas.berkeley.edu Hi Dan: Thanks for the quick response. Much appreciated. We have reviewed the application, and concur with your assessment. This does not seem to impact our property in any significant way, so we have no objections to the application. Cheers, Peter Dr. Peter C. Wilton Haas School of Business University of California, Berkeley Tel: + 1-415- 425-5151 On 1/ 11/ 2017 3: 51 PM, Dan Watrous wrote: Peter, We don't have digital copies of the plans, but I've attached a copy of the staff report. The project involves exterior stairs leading down from the carport area of 2314 Mar East on the side facing 2322 Mar East. I don't believe this would affect your property. Please let me know if you have any additional questions. i