Jouzi Design Review, Variance, Site Plan Review, and Tree Removal Permit (P6014)

The applicant requests Design Review, Variance, and Site Plan Review approvals to authorize the construction of a 6,374-square-foot primary residential structure (single-family residence) and associated accessory structures on a developed lot within the unincorporated area of Tiburon. The accessory structures associated with the proposed residence would include a 2,733-square-foot upper-level attached deck, an 892-square-foot lower-level attached deck, and a detached 534-square-foot pool. The total 10,533 square feet of proposed development would appear to result in a floor area ratio (FAR) of 23 percent based on the 28,830-square-foot dry lot area of the subject property. The maximum height and minimum setbacks of the proposed residence and associated structures are provided below.

The proposed single-family residence would reach a maximum height of 32 feet, 6 inches above grade and would maintain the following setbacks from its exterior: 37 feet, 7 inches from the southern front property line; 29 feet, 1 inch from the eastern side property line; 15 feet, 7 inches from the western side property line; and 75 feet, 3 inches from the northern rear property line.

The proposed upper-level deck would reach a maximum height of 25 feet above grade and would maintain the following setbacks from its exterior: 46 feet, 6 inches from the southern front property line; 10 feet from the eastern side property line; 7 feet, 6 inches from the western side property line; and 61 feet, 3 inches from the northern rear property line.

The proposed lower-level deck would reach a maximum height of 15 feet, 6 inches above grade and would maintain the following setbacks from its exterior: 51 feet, 10 inches from the eastern side property line; 7 feet, 6 inches from the western side property line; and 66 feet, 1 inch from the northern rear property line.

The proposed pool would reach a maximum height of 16 feet above grade and would maintain the following setbacks from its exterior: 74 feet, 2 inches from the southern front property line; 26 feet, 9 inches from the eastern side property line; 84 feet, 11 inches from the western side property line; and 71 feet from the northern rear property line.

The proposed development would also include various site improvements, primarily consisting of the demolition of the existing single-family residence and detached garage on the subject property, and the construction of an attached accessory dwelling unit (ADU) that appears to conform to the objective standards for a Category 1 ADU pursuant to Marin County Code Section 22.32.120(A)(1)(C) (Category 1—Statewide Exemption). Additional improvements would include access and hardscaping enhancements, such as reconfiguration of the motor court and pedestrian pathways, installation of a new vehicle gate, fencing, and retaining walls, and landscaping and aesthetic improvements featuring both native and nonnative plantings.

In addition to the approvals requested above, the applicant requests Tree Removal Permit approval to authorize the removal of one regulated tree, a protected-status Coast live oak (Quercus agrifolia) identified as Tree 30 (Tag No. 553), with a diameter at breast height (DBH) of 11 inches and classified as being in fair condition. The project would also involve additional tree removal activities that are not subject to Tree Removal Permit approval, including three non-native trees and three regulated native trees. The non-native trees would consist of Tree 1 (Tag No. 501), blackwood acacia (Acacia melanoxylon); Tree 28 (Tag No. 551), glossy privet (Ligustrum lucidum); and Tree 36 (Tag No. 559), incense cedar (Calocedrus decurrens). The regulated native trees would include two protected-status Coast live oaks (Quercus agrifolia) (Trees 27 and 29 (Tag Nos. 550 and 552)), which may be removed within a 12-month period pursuant to Marin County Code Section 22.62.040(J), and one heritage-status Coast live oak (Tree 2 (Tag No. 502)), which exhibits significant disease and reduced structural integrity and may be removed pursuant to Marin County Code Sections 22.62.040(B) and 22.62.040(C).

Design Review approval is required pursuant to Marin County Code Section 22.42.020(A) because the project involves the redevelopment of a property for which the proposed improvements cannot be exempted or waived from the requirement to obtain Design Review approval.

Variance approval is required pursuant to Marin County Code Section 22.54.020 because the proposed primary residential structure (single-family residence) would exceed the 30-foot maximum height limit applicable to the RSP (Residential, Single-Family Planned) district, as established by Marin County Code Section 22.10.040, Table 2-5.

Site Plan Review approval is required pursuant to Marin County Code Section 22.52.020(H) because the project would increase lot coverage within a tidelands area, defined as all land and water areas below, or that were at any time within a preceding 12-month period below, the Mean High Tide line, and contiguous land between that line and either a point 100 feet inland or the nearest publicly maintained road, whichever is closer, as set forth in Marin County Development Code Section 22.130.030.

Tree Removal Permit approval is required pursuant to Marin County Code Section 22.62.020 because the proposed project includes the removal of more than two otherwise healthy protected-status native trees within a 12-month period, exceeding the exemption criteria established under Marin County Code Section 22.62.040(J).

Land Use Info

Zoning: RSP-2.18-BFC (Residential, Single-Family Planned with a residential density of 2.8 units per acre and combined with the Bayfront Conservation Combining District); and RSP-1-BFC (Residential, Single-Family Planned with a residential density of 1 unit per acre and combined with the Bayfront Conservation Combining District)
County Plan Designation: SF3 (Rural/Residential), and SF5 (Low Density Residential)
Community Plan (if applicable): Paradise Drive Visioning Plan (1998)