of tiburon

TOWN OF TIBURON Design Review Board Meeting

f 1505 Tiburon Boulevard January 19, 2017Tiburon, CA 94920 Agenda Item:

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STAFF REPORT

To: Members of the Design Review Board

From: Planning Manager Watrous

Subject: 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 forReduced Front and Side Setbacks

Reviewed By:

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 beexempt 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 toan existing two- family dwelling on property located at 2314 Mar East Street. A new exteriorstairway is proposed to provide access from the upper dwelling unit to the mechanical equipmentlocated below the lower unit.

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The floor area and lot coverage for the property would remain unchanged. The proposed stairwaywould extend to within 8 feet, 2 inches of the front property line. As a 15 foot front setback isrequired in the R-2 zone, a variance is therefore requested for reduced front setback. The stairwaywould also extend to approximately within 1 foot, 3 inches of the side property line. As an 8 footside 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

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The subject property is located along the waterfront along Mar East Street. The lot includes arelatively small dry land area upon which the existing residence is located and which slopes downfrom the street toward San Francisco Bay.

ANALYSIS

Design Issues

The proposed stairway would not particularly visible from the adjacent home at 2322 Mar EastStreet, as that home has few windows from which the stairway could be viewed. The use of thestairways for accessing the mechanical equipment area on the property would limit any potentialprivacy issues related to these improvements. The stairway would not be visible from any otherhomes in the vicinity.

The owners of the property at 2322 Mar East Street have raised concerns about the actual locationof the shared side property line. The submitted plans show that the stairway would be 3 feet, 3inches from the side property line, but the neighbor contends that his survey shows the sideproperty line in a different location, which would reduce the actual setback to 1 foot, 3 inchesfrom the property line. Staff prepared notices for the requested variance based on the lessersetback out of an abundance of caution. The location of the proposed stairway improvements in

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relation to the neighbors' home is not in question, as the stairway would be constructed adjacentto 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 findingsrequired by Section 16- 52.030 ( E) of the Tiburon Zoning Ordinance:

1. Because ofspecial circumstances applicable to the property, including size,shape, topography, location, or surroundings, the strict application of thisOrdinance will deprive the applicant ofprivileges enjoyed by otherproperties inthe 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-2zone 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 strictapplication of the front and side setback requirements would deprive the owners of this propertyof development privileges enjoyed by other properties in the vicinity.

2. The Variance will not constitute a grant ofspecial privileges, inconsistent withthe limitations upon other properties in the vicinity and in the same orsubstantially 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 constrainedlots.

3. The strict application of this Zoning Ordinance would result in practicaldifficulty or unnecessary physical hardship. Self-created hardships may not beconsidered among thefactors that might constitute special circumstances. Aself-created hardship results frons actions taken by present or prior owners ofthe property that consciously create the very difficulties or hardships claimed asthe basisfor an application for a Variance.

The strict application of the front and side setback requirements for this property would preventappropriate access from the upper dwelling unit to the mechanical equipment which serves thatresidence, which creates a practical difficulty for the applicant.

4. The granting of the variance will not be detrimental to the public welfare orinjurious to other properties in the vicinity.


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The proposed project would not create substantial view or privacy impacts for other homes in thevicinity.

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 fromthe owner of the property at 2322 Mar East Street.

RECOMMENDATION

The Design Review Board should review this project with respect to Zoning Ordinance Sections16- 52. 020 ( H) ( Guiding Principles) and determine that the project is exempt from the provisionsof the California Environmental Quality Act (CEQA) as specified in Section 15303. If the Boardfinds 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, 20174. Submitted plans

Prepared By: Daniel M. Watrous, Planning Manager


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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 onNovember 28, 2016, or as amended by these conditions of approval. Any modifications tothe plans of November 28, 2016 must be reviewed and approved by the Design ReviewBoard.

3. Project elements shown on construction drawings submitted to the Building Division forplan check shall be essentially identical to those project elements shown on drawingsapproved by the Design Review Board. The permit holder is responsible for clearlyidentifying 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 tothe construction drawings, with a signature block to be signed by the Planning DivisionStaff member indicating whether these changes have been reviewed and are approved, orwill 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 listedon construction drawings. Construction of any such unapproved project elements is inviolation 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 mustbe down- light- type fixtures.

6. If this approval is challenged by a third party, the property owner/applicant will beresponsible for defending against this challenge. The property owner/applicant agrees todefend, indemnify and hold the Town of Tiburon harmless from any costs, claims orliabilities arising from the approval, including, without limitations, any award ofattorney' s fees that might result from the third party challenge.

7. A copy of the Planning Division' s " Notice of Action" including the attached " Conditionsof Approval" for this project shall be copied onto a plan sheet at the beginning of the planset( s) submitted for building permits.

8. Prior to issuing a grading or building permit the applicant shall implement measures for


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ania11ry 19, 017site design, source control, run-off reduction and stormwater treatment as found in the

Bay Area Stormwater Management Agency Association (BASMAA) Post- ConstructionManual available at the Planning Division or online at the Marin County StormwaterPollution Prevention Program ( MCSTOPPP) website at www.mestoppp.org.

9. All requirements of the Town Engineer shall be met, including, but not limited to, thefollowing, which shall be noted on building plan check plans:

a. The public right-of-way shall be protected from damage duringconstruction, 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 notpermitted. This would include fences, retaining walls and other structures.

C. Typical encroachments, such as driveway approaches, walkways, drainagefacilities, and short-height landscaping, need to be processed through astandard 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 efficientlandscape requirements of the Marin Municipal Water District.

11. The project shall comply with the requirements of the California Fire Code and theTiburon 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 DistrictFire 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 therecommendations of Fire Safe Marin. CFC 304. 1. 2

12. The application shall comply with all permitting requirements of the Bay Conservationand Development Commission.


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TOWN OF TIBURON

LAND DEVELOPMENT APPLICATION

TYPE OF APPLICATION

o Conditional Use Permit esign Review( DRB) o Tentative Subdivision Mapo Precise Development Plan O Design Review( Staff Level) o Final Subdivision Mapo Secondary Dwelling Unit Variance( s) I _# o Parcel Mapo Zoning Text Amendment o Floor Area Exception o Lot Line Adjustmento Rezoning or Prezoning o Tidelands Permit o Condominium Use Permito General Plan Amendment o Sign Permit o Seasonal Rental Unit Permito 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 Owner): same as owner

MAILING ADDRESS: NOV 28 2016

PHONE/FAX NUMBER: E-MAIL:

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 theplans submitted and made a part ofthis application in accordance with the provisions ofthe Town Municipal Code, and I herebycertify 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 ofmy 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 thischallenge. 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, withoutlimitation, 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 RestrictionsCC& Rs), which may restrict the property' s use and development. These deed restrictions are private agreements and are NOT

enforced by the Town ofTiburon. Consequently, development standards specified in such restrictions are NOT considered bythe Town when granting permits.

You are advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate homeownersassociation and adjacent neighbors about your project prior to proceeding with construction. Following this procedure willminimize the potential for disagreement among neighbors and possible litigation.

Signature:* Date:

Ifother than owner, must have an authorization letterfrom the owner or evidence ofde facto control ofthe property orpremisesforpurposes 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- 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 forsuch purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also specify the length of time youwish 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 whethera 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 unlessthere 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 DepartmentPlanning Division

1505 Tiburon Boulevard

Tiburon, CA 94920 NOV 2 8 2016415) 435- 7390( Tel) ( 415) 435- 2438( Fax)

www.townoftiburon.or2

DO NOT WRITE BELOW THIS LINE

VAP-U - 46 DEPARTMENTAL PROCESSING INFORMATIONApplication No.:N-Ul -Isla GP Designation: Fee Deposit:9Date Received: i Received Byj Receipt 9.2Date 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.

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TO BE COMPLETED BY APPLICANT STAFF USE ONLY

ITEM EXISTING PROPOSED ADDITION PROPOSED CAL- PER ZONE

AND/OR ALTERATION CULATED

Yards

Setbacks from propertyline)

Section 16-

100. 020( Y))--

Front

6-

100. 020( Y))*

Front 25'- 5 1/ 2" NO CHANGE 8'- 2 1/ 2"

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 HeightSection 16- 30.050)* N/ A ft. NO CHANGE ft. N/ A ft. ft. ft.

Lot Coverage N/ A NO CHANGE N/ ASection 16- 30. 120( B))* sq.ft. sq. ft sq. ft. sq.ft. sq.ft.

Lot Coverage as N/ A NO CHANGE N/ APercent of Lot Area

Gross Floor Area N/ A NO CHANGE N/ ASection 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 DivisionCommunity Development Department

1505 Tiburon Boulevard Tiburon, CA 94920

Phone (415) 435- 7390 FAX( 415) 435-2438

www.towno/ tiburon.orQ

APPLICATION FOR VARIANCEA Variance is a form of regulatory relief available when a strict or literal application of zoning regulation or standards wouldresult in practical difficulties or unnecessary physical hardships for an applicant. These difficulties and/or hardships mustbe caused by physical conditions on or in the immediate vicinity of a site. Please refer to Section 16. 52. 030 of Chapter 16Zoning) 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 Requested11.

Front Setback 4._..., 2s

GA- Cfy 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 mechanicalequipment located below the lower unit, as well as other repairs that may need tobe 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 theupper unit and the structural elements of the home without going through themaster bedroom of the separate, lower unit.

The stair will be 3' 3" away from the side property line when S' 0" is allowed. Thelocation of the stair within the carport will allow the existing and 20' parking pad toremain.

Required Findings:

1. The special circumstance is the lot is only 28'- 81/2" wide with arequired 20'- 0" wide parking area, making it impossible to have astrict application of the Zoning law.

2. It is not a special privilege as numerous homes in the vicinity haveside yard variances due to the narrow lots.

3. The strict application of the Zoning law would preclude access fromthe 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. Weare 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 listingour concern.

As far structural and construction work, we have no issues. Our only disagreementis with the displayed property line and the numbers listed for the encroachmentwaiver. We paid to have a record ofsurvey done by Larry Stevens Associates thatwas 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 beencroaching 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 ofany propero; line (referring to outdoorstairways).

Respectfully,

Mark Dickinson

2322 Mar East St. I

K ra O' Malley I

From: Sono < [email protected]>

Sent: Thursday, January 12, 2017 9:18 AMTo: Kyra O' MalleySubject: 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 PSTTo: 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, BerkeleyTel: + 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 staffreport. The project involves exterior stairs leading down from the carport area of2314 Mar East on the side facing 2322 Mar East. I don't believe this would affectyour property.

Please let me know if you have any additional questions.i

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