CITY OF BELVEDERE PLANNING COMMISSION STAFF REPORT. Jocelyn Drake, Associate Planner

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1 CITY OF BELVEDERE PLANNING COMMISSION STAFF REPORT REPORT DATE: 9/2/2014 AGENDA ITEM: 4 MEETING DATE: 9/16/2014 TO: FROM: REVIEWED BY: SUBJECT: City of Belvedere Planning Commission Jocelyn Drake, Associate Planner Irene Borba, City Planner Emily Longfellow, Deputy City Attorney Design Review, Variance and Exception to Floor Area requests for the property located at 285 Bayview A venue RECOMMENDATION The applicant requests approval of Design Review, Variance, and Exception to Floor Area applications to allow the construction of various improvements to the residence, including construction of a new, 52 SF entry addition on the rear elevation of the residence, creation of a new roof deck and installation of a new gas fireplace on an existing roof deck, as well as the construction of site improvements, including the replacement of existing retaining walls, and the construction of new retaining walls, in the front, side and rear yards. The existing floor area on the property currently exceeds the permitted floor area in the R-15 zoning district; therefore an Exception to Floor Area is required to allow construction of the new 52 SF entry. In addition, three Variances are necessary; one for the creation of a new roof deck in the front yard setback; another to allow construction of a new retaining wall in the side yard setback; and a third to allow the construction of a new retaining wall in the rear yard setback. The application is included as Attachment 5 and project plans are included as Attachment 6. Staff recommends that the Planning Commission conduct the required public hearing and take the following actions: MOTIONl MOTION2 MOTION3 Adopt the Resolution granting Design Review for the property located at 285 Bayview Avenue, as conditioned (Attachment 1). Adopt the Resolution granting Variance approval to allow for the construction of a retaining walls, greater than 4' in height, in the side and rear yards of the property located at 285 Bavview Avenue (Attachment 2); Adopt the Resolution granting Exception to Floor Area approval to allow a total floor area of 3,935 SF, where 3,883 SF currently exists and 1,852 SF is permitted at 285 Bavview Avenue (Attachment 3)

2 PROPERTY SUMMARY Project Address: APN: Project Applicant: Property Owner: GP Designation: Zoning: Existing Use: 285 Bayview A venue John Swain Joy Reisner Low Density Residential SFD -1.0 to 3.0 units/net acre R-15 Zoning District, Belvedere Island Single Family Residential Site Characteristics: The project site is a sloped 5,612 square-foot parcel within the R-1 5 Zoning District, Belvedere Island. The property is developed with a two-story, 2,367 SF residence, a 640 SF ground floor garage and a 876 SF second unit. Site improvements on the property include a driveway that connects Bayview A venue to the garage, a deck over the garage, which extends into the north side yard, and a roof deck on the second story of the residence. The residence was originally constructed in 1962 and the ground-floor second unit was created in 2011.The property is surrounded by single-family residences. ZONING PARAMETERS ELEMENT Lot Area Total Floor Area Lot Coverage Left Side Yard Setback Right Side Yard Setback Rear Yard Setback PRESCRIBED 15,000SF 1,852 SF 30% Structures 40% w/decks 9'9" 9'9" 20' Front Yard Setback 15' Building Height Maximum 36' Parking Spaces 3 EXISTING 5,612SF 3,883 SF 24% 17'2" 5'9" 23'5" 1 '6" 30' 3 PROPOSED No Change 3,935 SF 25% No change 1 '3" 17' No change No change No change 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 2

3 PROPERTY HISTORY The 5,612 SF parcel is located on the west side of Bayview Avenue. The property steeply slopes upwards from Bayview A venue. It is currently developed with a single-family residence, a garage, and a second unit, in addition to other site improvements, including two decks and a driveway. Records indicate that the residence was constructed in Since then, the residence has been remodeled and various site improvements have been constructed. The following list provides details of these property changes in chronological order: November Planning Commission approval for Design Review to allow construction of the lower level roof deck and railing, and installation of a fireplace on the deck. March Planning Commission approval for Design Review, two Variances, and a Second Unit to allow for the creation of an876 SF Second Unit on the lower floor of the residence. Variance approval was required for the Second Unit, due to the fact that the size of unit exceeded the maximum permitted square footage of 600 SF. Further, a Variance was required to allow the parking spaces to be smaller than minimum permitted dimensions of 18' X 8' (16' X 6' approved). June City Council approval of a Revocable License to allow existing improvements in the City right-of-way, including a concrete driveway, retaining wall, and stairs. March Administrative approval granted for a one-year extension of the 2011 Design Review approval for creation of the Second Unit. July Design Review Exemption approval to allow installation of concrete planters and handrails on stairs. November Staff level Design Review approval to allow replacement of the sliding garage door to an overhead bi-fold door. December Staff level Design Review approval to allow substitution of the approved concrete planters with stainless steel planters and installation of glass panel railings on the second story roof deck. PROJECT ANALYSIS The applicant requests approval of Design Review, Variance(s), and Exception to Floor Area applications to allow various improvements to the property, including construction of an entry addition, the conversion of an existing roof into a usable outdoor space in the form of a roof deck, creation of a new outdoor patio on the (south) side of the residence, creation of a new outdoor terrace in the rear yard, installation of a new fireplace on an existing upper roof deck, and enlargement of an existing lower deck. Three Variances are required to accomplish the proposed project; a front yard setback Variance to allow conversion of a roof into a new roof deck; a (north) side yard Variance to allow construction of a retaining wall greater than 4' in height in the side yard setback; and a setback Variance to allow construction of a retaining wall greater than 4' in height in the rear yard. Floor Area Exception approval is required to allow construction of a new 52 SF entry on the rear elevation of the residence. The total floor area on the property currently exceeds the permitted floor area in the R-15 zoning district; therefore any additional floor area requires Floor Area Exception approval. The applications are included as Attachment 4 and project plans are included as Attachment Bayview Avenue September 16, 2014 Planning Commission meeting Page 3

4 DESIGN REVIEW Details of the proposed changes to the residence are as follows: Entry Addition The applicant proposes to construct a new, 52 SF, entry addition on the west elevation of the main floor of the residence. The addition has been designed to essentially "fill in" an existing notch at the comer of the residence, with the outer wall of the addition designed to be flush with the existing north elevation of the residence. A new door and sidelights are proposed on the new north facing wall to provide access to the residence from the existing stairs and deck; two windows are proposed on the west elevation of the addition; and two skylights are proposed in the new roof of the addition. The proposed height of the addition is approximately 9'4" from the existing deck and the proposed materials and colors utilized in construction of the addition will match the existing residence. The location of the addition is in compliance with the R-15 zoning district setback and height regulations; however approval of an Exception to Total Floor area must be granted to facilitate construction of the addition, as the current total floor area on the property exceeds the permitted floor area in the R-15 zoning district. Roof Deck The applicant is proposing to convert an existing roof, located on the front (east) elevation of the main floor of the residence, into a 114 SF roof deck. The applicant is proposing to install new railing around the perimeter of the flat roof and surface the new deck with wood. The proposed railing would be glass, to match the existing glass railing on the uppermost roof deck. A new wood door is proposed to be installed on the front elevation of the residence, to provide access from an existing bedroom on to the new roof deck. Variance approval is required to facilitate construction of the roof deck because the existing roof is located within the front yard setback and the applicant is proposing a change of use in this area. As proposed, the roof deck would be set back approximately 1 '6" from the front property line. New Patio - South Elevation To provide usable outdoor space for the tenant in the existing second unit, the applicant is proposing to create a small patio adjacent to the lower level of the residence at the south elevation. The area where the patio is proposed to be located currently consists of natural vegetation. The applicant is proposing to construct a new concrete retaining wall, approximately 3' in height, in the south side yard in order to delineate the patio area, and then pour a new concrete patio in the area. A glass guardrail is proposed to be installed along the front portion of the patio and a concrete service path is proposed to be created along the south elevation of the residence. In addition, new custom wood screens are proposed to be installed on the wall of the south elevation of the residence where the utilities are currently located, and a 6' tall wood fence is proposed along the property line to the south of the patio, for screening purposes. The new patio specifications appear to conform to the R-15 zoning regulations. New Terrace-Rear Yard The proposed site improvements include construction of a new 315 SF terrace in the rear yard setback of the property. The rear yard of the project site is steeply sloped and the area currently consists of natural vegetation. The applicant is proposing to grade a rectangular shaped area and 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page4

5 enclose the area with a 2' tall concrete retaining wall to create the terrace. The surface of the terrace will be crushed granite. A new concrete bench is proposed on the westernmost terrace wall. Access to the new terrace is proposed to be provided via construction of a new wood stairway at the rear elevation of the residence and installation of several wooden stairs on grade leading up the hill to the terrace. In staffs review of the proposed terrace, it appears to be designed in compliance with the R-15 zoning regulations. Deck Expansion/New Rear Yard Retaining Wall Presently, there is a deck constructed over the ground floor garage, flush with the main living area. Stairs leading from Bayview A venue provide access to the deck and main entry to the residence. The deck is surfaced with concrete and delineated along the hillside to the west by a wood retaining wall that wraps around the front elevation of the main level of the residence. It also connects to an existing narrow partial walkway that provides access behind the house. A brick outdoor fireplace is located on the northern portion of the deck. The applicant is proposing to replace and relocate the retaining wall located in the north side yard and expand the stair landing that opens onto the deck by approximately 2'. The new wall would be approximately 5' in height and comprised of brushed concrete. A side yard setback Variance would be required to allow construction of the wall because it is over 4' in height. In addition, the applicant is proposing to replace the existing wood retaining wall located behind the residence and extend the wall to meet the rear corner of the residence. The wall would be approximately 4 Yi' in height and comprised of brushed concrete. A rear yard setback Variance would be required to allow construction of the wall because it is over 4' in height. Outdoor Fireplaces A brick outdoor fireplace is currently located on the main level deck. The applicant is proposing to remove the fireplace and install two new fireplaces; one on the main level deck, and another on the upper level deck. The gas fireplaces are proposed to be attached to an existing chimney enclosure located on the north elevation of the residence. The expanded enclosure will be designed to match the existing enclosure. The gas fireplace insert proposed to be installed on the main level deck will face outwards to the north, and the gas fireplace insert proposed to be installed on the upper level deck will face inwards toward the seating area to the south. The fireplaces will be a bronze material finished in a satin black color. The existing chimney pipe at the top of the chimney is proposed to remain. Front Yard Retaining Wall and Railings In addition to the above mentioned project components, the applicant is proposing to aesthetically unify the residence and site improvements in the following ways: the existing wood railing that encloses the main level deck is proposed to be replaced with glass railing to match the existing railing on the upper deck; the existing wood retaining wall along the stairs at the northwest corner of the property is proposed to be replaced with a rock faced concrete wall in the same location, at the same height; the existing concrete stairs at the northwest corner of the property will be replaced with new concrete stairs in the same location. A new railing is proposed to be installed the west elevation of the newly proposed terrace as well. The railing would be 42" and consist of metal painted black. 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 5

6 Landscaping The applicant is proposing to update the landscaping and provide additional landscaping screening as part of the project. Four new trees are proposed to be planted, including a vine maple tree in the south side yard, two buckeye trees in the upper south side yard, and a California scrub oak in the north side yard. In addition, a pittosporum hedge is proposed around the perimeter of the newly proposed patio in the south side yard, with star jasmine planted along its inside edge. Additional smaller trees are proposed along the northern property line, including tea tree, sugar bush and coffee berries. Hellebore and flowering currant plants are proposed along the stairway leading to Bayview A venue and a variety of groundcover plants are proposed in the rear yard, behind the residence and surrounding the proposed rear yard terrace. Proposed Front Elevation Design Review Findings The Design Review findings, specified in Belvedere Municipal Code Title 20, state that all new structures and additions should be designed to avoid excessively large dwellings that are out of character with their setting or with other dwellings in the neighborhood. All buildings should be designed to relate to, and fit in, with others in the neighborhood and should not attract attention to themselves. To avoid monotony or an impression of bulk, large expanses of any one material on a single plane should be avoided. Vertical and horizontal elements should be used to add architectural variety, to break up building planes, and to avoid monotony. Landscaping should also soften and screen structures and maintain privacy. The proposed project includes site improvements, as well as a residential addition, new roof deck, and other aesthetic changes to the structure and physical improvements to the site. In staffs review of the changes to the residence, the design of the new entry addition appears aesthetically compatible with the existing architecture and the proposed location of the doors, 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 6

7 skylights, and windows are appropriate and would not cause privacy impacts to neighbors. Further, the proposal to relocate and replace the fireplace on the main level deck appears to make better use of the deck area and will be aesthetically compatible with the residence. The proposal to install a fireplace on the upper level deck also appears reasonable in that there is currently a seating area on the upper level deck. The replacement and reconfiguration of the retaining walls at the perimeter of the deck appears to be an improvement over the existing condition in that the existing landing area at the top of the stairs is somewhat narrow. Reconfiguration of the walls would not impact neighboring properties. Likewise, replacement of the existing railings and stairs appears to be appropriate in that the residence will have a more unified appearance upon completion. The proposed rear yard improvements and new terrace appear to be a good solution to the need for additional usable outdoor space in the rear yard. It does not appear that the creation of a terrace in this area would impact neighbors' privacy or views; therefore staff can make the Design Review findings for this aspect of the project. However, staff cannot make the required Design Review findings for the roof deck and the south side yard patio portions of the project, as explained in more detail below. First, staff finds that the proposed conversion of the flat roof into a roof deck on the front elevation of the residence is not in substantial conformance with Design Review requirements, Staff is concerned that conversion of the flat roof to a usable outdoor area would not be aesthetically compatible with the surrounding neighborhood or the site itself. Additionally, the existing roof is set back 1 '6" from the front property line; therefore Variance approval is required to allow conversion of the roof into a roof deck. The existing roof deck on the north side of the residence was approved for construction in 1997 based on a prior approval of an unspecified date. The existing upper deck provides ample space for a seating area. A second deck on the main level of the residence is also substantial in size and is proposed to be expanded as part of this application. While these decks do not appear to be impacting neighbors' privacy, staff is concerned that the newly proposed roof deck would impact the privacy of the neighbors to the south. The roof deck would be visible from the windows of the neighboring property. Therefore, due to the aesthetic impacts, exacerbation of a current non-conformity, and potential privacy impacts of the proposed roof deck, staff recommends that the Design Review findings cannot be made for the proposed roof deck. Additionally, staff has concerns about the proposed south side yard patio for similar reasons. The patio would be located approximately 1' from the front property line and 4' from the side property line. Although a Variance would not be required to allow construction of the patio, staff is concerned that activation of this area as a usable outdoor space would impact the privacy of neighbors to the south. Although the applicant is proposing to install a 6' fence and a pittosporum hedge around the perimeter of the new patio, the area in which the proposed improvements would be made does not appear appropriate for this scope of work due to its close proximity to the property lines. Further, there is an existing tree in the location of the proposed patio, which has a low growing trunk that a user of the patio would be required to duck underneath if it were not removed. The applicant has indicated that he does not intend to remove the tree at this time. For these reasons, staff is unable make the Design Review findings for the south side yard patio at this time. 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 7

8 Because staff cannot recommend the findings for the roof deck and the south side yard patio, staff has suggested removal of these portions of the project as conditions of approval for Design Review. Staff recommends the findings for Design Review, as follows: Preservation of existing site conditions. To preserve the landscape in its natural state, the removal of trees, vegetation, rock, and soil should be kept to a minimum. Projects should be designed to minimize cut and fill areas, and grade changes should be minimized and kept in harmony with the general appearance of the neighboring landscape. The proposed project includes construction of a new patio in the south side yard and construction of a terrace in the rear yard, in addition to the installation of a variety of trees and shrubs. The south side yard currently exists in its natural state, which includes a tree in the location of the proposed patio. Creation of a patio in this location would require grading, construction of a retaining wall and a concrete patio floor, in addition to the planting of screening. These improvements do not appear to harmonize with the neighboring landscape. The rear yard is also currently in a relatively natural state; however it is fairly typical in Belvedere for properties to be developed to include rear yard patios and terraces. The proposed screen planting will soften the look of the terrace and the proposed on-grade stairs to access the terrace will be low in profile; therefore creation of the terrace is in substantial conformance with this finding. Relationship between structures and the site. There should be a balanced and harmonious relationship among the structures on the site, between the structures and the site itself, and between the structures and those on adjoining properties. All new buildings or additions constructed on sloping land should be designed to relate to the natural land-forms and step with the slope in order to minimize the building mass and bulk and to integrate the structure with the site. The project includes the construction of a 52 SF entry addition on the rear elevation, as well as the conversion of an existing roof to a roof deck on the front elevation. The proposed entry addition is modest in size, located on the rear elevation of the residence and therefore minimally visible from the street, as well as neighboring properties, and is designed to be architecturally harmonious with the existing residence. The proposed addition substantially conforms to this finding. There are currently two roof decks on the north side of the residence. An additional roof deck would contribute to increase mass and bulk on the front elevation of the residence, which has a non-conforming front yard setback of l '6". Further, the addition of another roof deck on the site does not present a balanced relationship to the structure itself and in relation to adjoining properties and the site. The proposed roof deck is not in substantial conformance with this finding. Minimizing bulk and mass. A. All new structures and additions should be designed to avoid monumental or excessively large dwellings that are out of character with their setting or with other dwellings in the neighborhood. All buildings should be designed to relate to and fit in with others in the neighborhood and not designed to draw attention to themselves. 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 8

9 The project includes the construction of a 52 SF entry addition on the rear elevation, as well as the conversion of an existing roof to a roof deck on the front elevation. The proposed entry addition is modest in size, located on the rear elevation of the residence and therefore minimally visible from the street, as well as neighboring properties, and is designed to be architecturally harmonious with the existing residence and the dwellings in the neighborhood. The proposed addition is in substantial conformance with this finding. The proposed roof deck would contribute to increased mass and bulk on the front elevation of the residence, in that a railing is proposed to be installed around the perimeter of the roof deck and the roof deck would be located 1 '6" from the front property line and Bayview A venue, which is a non-conforming front yard setback. Roof decks within front yard setback are not common in Belvedere and the therefore the creation of a roof deck in the front yard setback appears to be out of character with the surrounding neighborhood. The proposed roof deck is not in substantial conformance with this finding. B. To avoid monotony or an impression of bulk, large expanses of any one material on a single plane should be avoided, and large single plane retaining walls should be avoided. Vertical and horizontal elements should be used to add architectural variety, to break up building planes, and to avoid monotony. The proposed project does not include large expanses of any one material; with the exception of the newly proposed retaining walls and replacement retaining walls, all of which are proposed to consist of brushed concrete. The walls are primarily located in the rear and side yards and large expanses of the walls will not be visible by the public or from neighboring properties. Further, the proposed addition would not increase the impression of bulk due to its location, on the rear elevation of the residence, within an existing notch in the building; its size, at 52 SF; and its height, at 9'4". Materials and colors used. Building designs should incorporate materials and colors that minimize the structures visual impacts, that blends with the existing landforms and vegetative cover, that relate to and fit in with structures in the neighborhood, and that do not attract attention to the structures themselves. Soft and muted colors in the earthtone and woodtone ranges are preferred and generally should predominate. Trim and window colors should be compatible with and complementary to the other building colors. The proposed project involves construction of an addition, conversion of a existing roof into a roof top deck, installation of two new outdoor fireplaces, replacement of railings, and site work, including the construction of new and replacement retaining walls. The materials and colors proposed to be utilized in construction of the addition will match the materials and colors on the existing residence and the proposed glass railings will match the existing railings on the upper deck. The fireplaces will be located within an expanded chimney, which will be designed to match the existing chimney, and the new retaining walls will only be partially visible by the public and neighboring properties. 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 9

10 Fences and screening. A. Fences and physical screening should be located so as to be compatible with the design of the site and structures as a whole, should conceal and screen garbage areas, mechanical equipment, and structural elements from public view, should preserve privacy between adjoining dwellings, where practical, and should not significantly block views. The project includes construction of short length of wood fencing, 6' in height, along the south side property line, in addition to custom-made lattice screening on the south elevation of the residence in the location of the utilities. The newly proposed fence would not block views from the neighboring property; however it would remove the open, natural landscape ambiance presently associated with the south side yard between the properties; therefore the proposed fence does not appear to meet this Design Review criteria. Privacy. Building placement, and window size and placement should be selected to give consideration to the privacy of adjacent buildings. The project includes construction of a 52 SF entry addition on the rear elevation of the residence, a new roof deck and patio. New windows and skylights are proposed to be located on the west elevation of the addition and a new entry door and sidelights are proposed on the north elevation. The addition will not be visible from neighboring properties and therefore will not impact the privacy of adjacent buildings. The proposed creation and placement of a south side yard patio would create privacy impacts. The south side yard currently exists in its natural state, which includes a tree in the location of the proposed patio. Creation of a patio in this location would require grading, construction of a retaining wall and a concrete patio floor, in addition to the planting of screening. Additionally, creation and placement of a new roof deck would impact the privacy of the neighbors to the south. The roof deck would be located in the front yard setback and within the line of site of the neighbors. Drives, parking and circulation. Walkways, driveways, curb cuts and off-street parking should be planned and designed so as to minimize interference with smooth traffic flow, to encourage separation of pedestrian from vehicular traffic, and to be as safe and convenient as is practical. They should not be out of relationship with the design of the proposed buildings and structures on the site, and should not intrude on the privacy of, or conflict with the appearance or use of neighboring properties. The project does not include revisions to the existing driveway, parking or primary circulation of the property. Exterior lighting, skylights, and reflectivity. Exterior lighting should not create glare, hazard, or annoyance to neighboring property owners or to passersby. Lighting should be shielded and directed downward, with location of lights coordinated with the approved landscape plan. Skylights should not have white or light opaque exterior lenses. There are no new light fixtures proposed as part of this project. 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 10

11 Consideration of nonconformities. The proposed work shall be viewed in relationship to any nonconformities, as defined in Title 19, and where it is determined to be feasible and reasonable, consideration should be given to conditioning the approval upon the mitigation or elimination of such nonconformities. The proposed project includes requests for approval of three Variances and a Floor Area Exception. Two of the Variance requests are to allow construction of new retaining walls over 4' in height; one in the rear yard setback and second in the side yard setback. The third Variance request is to allow the change of use of an existing flat roof (which currently encroaches into the front yard setback), into a usable outdoor space, a roof deck. The Floor Area Exception request is to allow an additional 52 SF of floor area to be constructed as part of an entry addition. With regard to the Variance requests, the applicant's proposal to reconstruct and extend an existing rear yard retaining wall into the rear yard setback appears reasonable in that the project site is a steeply sloped parcel and hillside erosion management is necessary at the rear of the existing residence. The applicant has indicated that construction of the proposed 4' 6" retaining wall is the most appropriate approach to address the issue. The rear yard wall would only be partially visible from neighboring properties and the location of the wall would not impact the privacy or views from neighboring properties. The rear yard retaining wall is proposed to connect to a reconstructed and extended side yard retaining wall. The existing wood wall has an angular shape and is located 1 '3" away from the side yard property line at its nearest point currently. The newly proposed brushed concrete wall would be approximately 5' in height and extend further into the side yard setback by approximately 2'6". The closest point of the wall, from the side yard property line will remain at 1 '3". The applicant has indicated that the purpose of the extension of the wall is to provide for a more functional deck landing, as the current deck landing is considerably narrow at 4'. The new side yard wall would be only partially visible from the street and by neighboring properties and would not affect the privacy or views from neighboring properties. The applicant is also proposing to convert an existing roof, located on the front elevation of the residence, into a roof deck. Variance approval would be required because the roof is presently located l '6" from the front yard property line and the applicant is proposing a change of use of the area, from a roof to a usable outdoor space. Although the parcel, at 5,612 SF in size, is smaller than the average parcel on Belvedere Island, and the parcel is steeply sloped, the property currently has a substantially sized deck on the main living level, as well as a roof deck on the upper living level. Conversion of the existing roof that is currently within the front yard setback into a roof deck, including the installation of new railings, will exacerbate the non-conforming setback, increase the visual mass and bulk of the residence, and potentially impact the privacy of neighboring properties. Therefore, staff is unable to make the Design Review findings for the roof deck at this time. Further, the applicant is proposing to create a rear yard terrace as part of this application. The proposed rear yard terrace appears to be the appropriate location for the creation of additional usable outdoor space. The proposed Floor Area Exception would allow construction of a 52 SF entry addition on the rear elevation of the residence. The permitted floor area for the property is 1, Bayview Avenue September 16, 2014 Planning Commission meeting Page 11

12 SF. The existing floor area for the property is 3,883 SF. With the new addition, the floor area will be 3,935 SF. Although the proposed total floor area would significantly exceed the permitted floor area for the parcel, the new addition would not noticeably add to the mass and bulk of the existing residence. The addition would be located on the rear elevation of the residence, out of view from neighboring properties. At 9'4" in height, the addition would be modest in scale and the proposed materials and colors would match the existing residence; therefore staff is able to support the request for Floor Area Exception. Landscape plans -- Purpose. A. Landscape plans should be compatible with the character of the site and surrounding developed properties. Native or natural appearing vegetation, with generally rounded, natural forms, should be placed to appear as loose, informal clusters. B. Landscape plans shall include appropriate planting to soften or screen the appearance of structures as seen from off-site locations and shall include appropriate screening for architectural elements, such as building foundations, deck supports, and retaining walls, that cannot be mitigated through architectural design. C. Landscape plans should provide privacy between properties. Choice of landscape materials should take into consideration the future impact which new planting may have in significantly obstructing views from nearby dwellings. The proposed project includes new landscaping in the side and rear yards of the property. Four new trees are proposed to be planted, including a vine maple tree in the south side yard, two buckeye trees in the upper south side yard, and a California scrub oak in the north side yard. In addition, a pittosporum hedge is proposed around the perimeter of the newly proposed patio in the south side yard, with star jasmine planted along its inside edge. Additional smaller trees are proposed along the northern property line, including tea tree, sugar bush and coffee berries. Hellebore and flowering currant plants are proposed along the stairway leading to Bayview A venue and a variety of groundcover plants are proposed in the rear yard, behind the residence and surrounding the proposed rear yard terrace. The landscaping is in substantial conformance with this finding as it includes natural and native vegetation, is compatible with the character of the site and the surrounding properties, and is designed to provide screening of architectural elements. Landscape Plans - Materials. A. Plant materials native to northern California and Marin County, and those that are drought-tolerant are encouraged. Evergreen species are encouraged for use in screen planting situations. Because of high water usage, turf areas should be minimized and narrow turn areas, such as in parking strips, should be avoided. B. Landscape plans should include a mix of fast and slow growing plant materials. Fast growing trees that have a short life span should be used only when planted with others which reach maturity at a later age. C. Landscape plans should include water conserving irrigation systems. Plant materials should be selected so that once established, much of the major site landscaping would survive solely on rainfall. The proposed landscape is in substantial conformance with this finding as it includes four new trees, including buckeye and oak trees, which are native to Marin County, as well as variety of smaller trees and shrubs that are low water use and include slow and fast.. growmg species. 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 12

13 RETAINING WALL VARIANCES The applicant requests Planning Commission approval of two Variances related to the construction of retaining walls in a required setback: to allow construction of a retaining wall greater than 4' in height within the rear yard setback, and to allow construction of a retaining wall over 4' in height within the side yard setback. By way of explanation and summary, in granting a Variance the Planning Commission must find "special circumstances" to justify the variances so as not to grant a "special privilege" to one property owner over another. (See also, Gov. Code, ). In order to grant a Variance, the Planning Commission must make the following findings: 1. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. The granting of the Variances to allow construction of a wall greater than 4' in height in the rear yard setback, as well as construction of a wall greater than 4' in height in the side yard setback, will not constitute the granting of a special privilege inconsistent with the limitations placed on other properties in the vicinity and zone of the subject property. There would be no grant of special privilege in the granting of Variances from setback requirements because such a Variance would allow the applicant to construct retaining walls in the rear and side yards for the purposes of stabilizing the hillside, curtailing erosion, and improving access to existing improvements, which are privileges similarly situated properties typically enjoy. 2. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance section would deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification, so that a denial of the applications would result in undue property loss. The special circumstances applicable to the property, including the smaller than average parcel size, at 5,612 SF, and the fact that the parcel is a steeply sloped lot, are such that the granting of the Variances from setback requirements would not constitute a grant of special privilege. Denial of the Variance request to allow construction of a retaining wall in the rear yard setback would deprive the applicant of the ability to stabilize the existing hillside and control the erosion in the most practical method available. Denial of the Variance request to allow construction of a retaining wall in the side yard setback would deprive the applicant of the ability to provide an adequate and functional landing area on his existing main level deck. Therefore, the special circumstances applicable to the property are such that to impose a strict application of the Zoning Ordinance would deprive this property of privileges enjoyed by other similarly situated property in the vicinity and result in undue property loss. 3. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements of owners of other premises, or to the quiet enjoyment of their premises. The granting of the Variances will not be detrimental to the public health, safety or welfare or be injurious to the property or improvements of owners or the quiet enjoyment of their premises because the proposed improvements shall be conditioned to comply 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 13

14 with the Building Code and the retaining walls have been designed in compliance with the City's Design Review guidelines. Further, the proposed rear yard and side yard retaining walls will not impact the quiet enjoyment of neighboring properties. ROOF DECK VARIAN CE The applicant requests Planning Commission approval of a Variance to allow conversion of an existing flat roof located l '6" from the front yard setback into a usable outdoor space in the form of a roof deck. The proposal to convert the upper story roof into a roof deck includes installation of wood decking on top of the flat roof and installation of glass railings along the perimeter of the roof. The 114 SF roof deck would be accessed via a newly proposed door on the east elevation of the residence. Because the roof is located within the front yard setback and because the applicant is proposing a change of use in the area of the existing root: from a non-habitable space to a usable outdoor space, staff determined that Variance approval is required to allow the conversion from roof to roof deck. By way of explanation and summary, in granting a Variance the Planning Commission must find "special circumstances" to justify the variances so as not to grant a "special privilege" to one property owner over another. (See also, Gov. Code, ). In order to grant a Variance, the Planning Commission must make the following findings: 1. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. 2. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance section would deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification, so that a denial of the applications would result in undue property loss. 3. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements of owners of other premises, or to the quiet enjoyment of their premises. With regard to the proposed roof deck, to be accessed via a bedroom, the granting of a Variance to allow conversion of an existing deck into usable outdoor space, in the form of a roof deck within the front yard setback does not appear consistent with the development pattern in the vicinity of the project site. Further, staff is concerned that conversion of the existing roof into a roof deck, including the installation of new railings, will increase the visual mass and bulk of the residence, and potentially impact the privacy of neighboring properties. Therefore, staff is unable to make the Design Review findings. Because staff is unable to make the Design Review findings for the roof deck, the findings for Variance approval cannot be made at this time, as the Variance approval follows the Design Review approval. Moreover, granting a Variance for a roof deck on this property would constitute a special privilege that is inconsistent with the limitations upon other similarly situated properties, since similar properties do not also have roof decks and face similar property limitations. Further, there are no special circumstances applicable to the property so that denial of a Variance for a roof deck would result in undue property loss. 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 14

15 EXCEPTION TO TOTAL FLOOR AREA The proposed Floor Area Exception would allow construction of a 52 SF entry addition on the rear elevation of the residence. The permitted floor area for the property is 1,852 SF. The existing floor area for the property is 3,883 SF, including a 2,367 SF residence, 640 SF garage, and an 876 SF second unit. With the new addition, the floor area will be 3,935 SF. Although the proposed total floor area would significantly exceed the permitted floor area for the parcel, the addition would be located on the rear elevation of the residence, out of view from neighboring properties. At 10' in height, the addition would be modest in scale and the proposed materials and colors would match the existing residence; therefore staff is able to support the request for Floor Area Exception. The exception request is a minor accommodation from the zoning ordinance requirements in that the new square footage will not significantly add to the mass and bulk of the structure. Staff has prepared the following table of residences in the vicinity of the subject property in the R-15 Zone (square footages taken from Marin County Assessor's Record data). Address Residence (s.f.) Lot Area s.f.) FAR(%) 236 Bayview Ave 4,157 SF 12,025 SF 35% 246 Bayview Ave 3,502 SF 6,200 SF 56% 288 Bayview Ave 2,759 SF 9,765 SF 28% 283 Bayview Ave 2,470 SF 8,004 SF 31% 226 Bella Vista Ave 2,441 SF 5,952 SF 41% 280 Bayview Ave 3,546 SF 10,500 SF 34% 278 Bayview 3,922 SF 6,500 SF 60% 191 Bella Vista Ave 2,801 SF 7,250 SF 39% 270 Bayview Ave 1,556 SF 12,354 SF 13% 206 Bayview Ave 3,485 SF 12,500 SF 28% 210 Bella Vista Ave 3,057 SF 6,279 SF 49% Average 3,187 7,945 28% 285 Bayview Ave 3,883 SF 5,612 SF Existing 69% 285 Bayview Ave 3,935 SF 5,612 SF Proposed 70% The maximum FAR permitted in the R-15 Zone is.33 for lots less than 14,700 SF in size. For lots greater than 8,000 SF in size, 4,850 SF is the maximum square footage permitted for a residence. Per the above chart, 7 out of 12 parcels in the vicinity of the project site have a floor area ratio greater than 33%. At 5,612 SF, the project site is the smallest parcel in the immediate neighborhood. The parcel also has the greatest floor area ratio in the neighborhood, at 69%. Although the floor area ratio for the project site is double that which is permitted, the bulk of the floor area is existing, much of it in the form of a garage and second unit. The proposed addition, at 52 SF in size, is nominal when compared to the overall floor area. 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 15

16 Floor Area Exception Findings Pursuant to Section (A)(l) of the Belvedere Municipal Code, in order to grant an Exception to Total Floor Area, the Planning Commission must make each of the required findings. Staff can make all of the required findings for the Floor Area Exception, which are as follows: a). That primary views from adjacent properties, as well as from the street, are not significantly impaired by the additional square footage. Primary views are not significantly impaired by the additional square footage. The proposed entry addition will be located on the rear portion of the residence. The rear yard slopes upwards towards Bella Vista A venue and the new addition will not be visible from neighboring properties. The addition is proposed to be 9' 4" in height and 52 SF in size, and the additional square footage proposed is well integrated into the existing architecture. b ). That there are unusual characteristics applicable to the parcel which minimizes the impact of greater floor area. The unusual characteristic of the parcel which minimizes the impact of the greater floor area is that the rear yard of the parcel is steeply sloped. The proposed addition will be located on the rear elevation of the residence; an elevation which is not visible from neighboring properties. c). That the proposed structure(s) are appropriate in mass, bulk, and character for the parcel, the neighborhood, and the zoning district, and meet(s) all design review criteria. The proposed project is appropriate in mass, bulk, and character for the parcel, neighborhood, and zoning district because the additional floor area is designed to be well integrated into the existing architecture. The materials that will be used in constructing the addition are proposed to match the existing residence. Additionally, the project meets all Design Review criteria. d). That the additional square footage will not substantially reduce the privacy otherwise available to residents of adjoining properties. The proposed entry addition will not substantially reduce the privacy othe1wise available to residents of adjoining properties. The new floor area will be located on the rear portion of the residence, which is screened by the slope in the rear yard and vegetation to the north. ENVIRONMENTAL DETERMINATION The project has been reviewed under the provisions of the California Environmental Quality Act (CEQA) and the CEQA Guidelines, California Code of Regulations. On September 5, 2014 the proposed project was determined to be categorically exempt from CEQA pursuant to Section Class 1 (a )because the proposed project consists of minor exterior alterations to an existing private structure and because it can be seen with certainty that there is no possibility that the activity in question may have an effect on the environment, as defined by CEQA. City action is required by November 4, 2014 or the project may be deemed approved. 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 16

17 CORRESPONDENCE A copy of the public hearing notice for this item was published in The ARK newspaper and mailed to all property owners within 300 feet of the subject property. As of writing this report, staff has not received any comments from members of the public in regards to this project. CONCLUSION Staff believes that the findings can be made for the Design Review request, as conditioned to remove the roof deck and south side yard patio portions of the project. As stated in the Design Review findings, staff is concerned that the proposed south side yard patio and the proposed roof deck in the front yard setback may impact the privacy of the neighboring property to the south. Further, the proposal to create an outdoor patio in the south side yard appears that it would contribute to the visual mass and bulk of the structure, in that retaining walls, concrete surfacing, and railings would be installed in the course of creation of the patio where the area is currently landscaped in its natural state. Staff is unable to make the Design Review findings for the south side yard patio and, as such, is recommending a condition of approval to remove this improvement from the scope of the project. The proposal to convert an existing roof located on the upper level of the front elevation into a usable outdoor space in the form of a roof deck also appears inconsistent with the Design Review and Variance findings in that creation of the roof deck would require installation of railings and wood decking, which would increase the mass and bulk of the residence and place railings on one of the only elevations on the residence that does not presently have railings, which currently provides visual relief. Further, staff is concerned that the creation of a roof deck in the front yard setback may impact the privacy of neighboring properties. The roof deck would be located l '6" from the front property line and Bayview A venue. Roof decks within front yard setback are not common in Belvedere and the therefore the creation of a roof deck in the front yard setback does not appear to be harmonious with the surrounding neighborhood. As such, staff is unable to make the findings of approval for Design Review, and a Variance request to allow construction of the roof deck is not recommended for approval at this time. All other aspects of the proposed project appear to be architecturally compatible with the existing residence and surrounding properties. The Variance requests to allow construction of retaining walls in the rear and side yard setbacks appears reasonable in that the project site is sloped and the walls are necessary for erosion control and slope management. Construction of the proposed 52 SF entry addition appears reasonable in that the addition is designed to be architecturally compatible with the existing residence and will not be visible from neighboring properties. Accordingly, staff has prepared a Resolution recommending approval of a Floor Area Exception for the addition. The proposed rear yard terrace, outdoor fireplaces, railing replacement and landscaping aspects of the project meet the Design Review criteria and R-15 zoning standards. 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 17

18 RECOMMENDATION MOTION 1 MOTION2 MOTION3 Adopt the Resolution granting Design Review for the property located at 285 Bayview Avenue, as conditioned (Attachment 1). Adopt the Resolution granting Variance approval to allow for the construction of a retaining walls, greater than 4' in height, in the side and rear yards of the property located at 285 Bayview Avenue (Attachment 2);and Adopt the Resolution granting Exception to Floor Area approval to allow a total floor area of 3,935 SF, where 3,883 SF currently exists and 1,852 SF is permitted at 285 Bayview Avenue (Attachment 3) ATTACHMENTS Attachment 1 : Attachment 2: Attachment 3: Attachment 4: Attachment 5 Draft Design Review Resolution Draft Variance Resolution Approving Retaining Walls in Setbacks Draft Floor Area Exception Project Application Project Plans 285 Bayview Avenue September 16, 2014 Planning Commission meeting Page 18

19 CITY OF BELVEDERE RESOLUTION NO A RESOLUTION OF THE CITY OF BELVEDERE GRANTING DESIGN REVIEW APPROVAL FOR AN ADDITION, REMODEL AND SITE IMPROVMENTS FOR THE PROPERTY LOCATED AT 285 BAYVIEW A VENUE WHEREAS, a proper application has been submitted for Design Review pursuant to Title 20 of the Belvedere Municipal code to construct a 52 SF entry addition, convert an existing roof into a roof deck, create of a new outdoor patio in the (south) side yard of the residence, create a new outdoor terrace in the rear yard, install a new fireplace on an existing upper roof deck, and enlarg~ an existing lower deck at 285 Bayview A venue; and WHEREAS, the project been determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities; and WHEREAS, the Planning Commission held a properly noticed hearing on September 16, 2014; and WHEREAS, the Planning Commission finds based upon the findings set forth in Exhibit A attached hereto and incorporated herein, that with the conditions listed below, the proposed project is in not substantial conformance with the Design Review criteria specified in Sections and to of the Belvedere Municipal Code. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Belvedere does hereby grant approval of the Design Review application pursuant to Title 20 of the Belvedere Municipal Code. to construct an addition and modifications to the existing residence and install site improvements with the following conditions: a) The property owner shall hold the City of Belvedere and its officers harmless in the event of any legal action related to or arising from the granting of this Design Review approval, shall cooperate with the City in the defense of any such action, and shall indemnify the City for any award of damages and/or attorneys' fees and associated costs that may result. b) Construction shall conform to the drawings prepared by John Swain, stamped received by the City of Belvedere on July 15, 2014, with the exception that the project shall not include construction of the south side yard patio or roof deck portions of the project. c) Construction shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except in special circumstances after obtaining written permission from the City Manager. d) All requirements of the City Engineer shall be met. Encroachment permits, as distinguished from a Building Permit, shall be obtained prior to commencing work in the City right-of-way. e) All requirements of the Fire Marshal shall be met including: ATTACHMENT 1

20 Resolution Bayview A venue September 16, 2014 Page 2 1) The automatic fire sprinkler system shall be modified to properly protect the new and remodeled areas. The system design, installation and final testing shall be approved by the District Fire Prevention Officer. CFC ) Approved smoke alarms shall be installed to provide protection to all sleeping areas. CFC ) The vegetation on this parcel shall comply with the requirements of TFPD and the recommendations of Fire Safe Marin. CFC ) The fire pit shall be located a minimum of 10 feet from any property line, combustible vegetation and combustible construction. f) All exterior lighting shall be shielded and directed downward. g) The general contractor shall submit a proposal to the City Manager, for review and approval, addressing the schedule for construction and parking locations for construction vehicles. Prior to the issuance of a building permit, the applicant shall update the Construction Management Plan to the satisfaction of the Building Official. h) Plans submitted to the Building Department for pe1mit issuance shall be consistent with the approved Planning Commission plans modifications to approved plans shall require additional design review. i) Design Review approvals expire eighteen (18) months from the date of approval. This Design Review approval expires on March 16, j) Construction shall be completed within the Construction Time Limit established for this project. k) These Conditions of Approval shall be printed on the Building Permit Construction Plan set of drawings. l) The proposed roof deck shall be omitted from the project at the time of Building Permit submittal. m) The proposed south side yard patio shall be omitted from the project at the time of Building Permit submittal. n) Prior to Building Permit submittal, a Final Landscape Plan shall be submitted, for review and approval by the Planning Commission Chair and City Planner. PASSED AND ADOPTED at a regular meeting of the Belvedere Planning Commission on September 16, 2014, by the following vote: AYES: NOES: ABSENT: APPROVED: Nancy Kemnitzer, Chair ATTEST: Leslie Carpentiers, City Clerk

21 Resolution No Bayview A venue September 16, 2014 EXHIBIT A Page 1 DESIGN REVIEW FINDINGS The following sections are edited versions of Sections to of the Belvedere Municipal Code and the Design Review Criteria. In order for a design review application to be approved, the Planning Commission must find the project to be in substantial conformance with these criteria. Preservation of existing site conditions. To preserve the landscape in its natural state, the removal of trees, vegetation, rock, and soil should be kept to a minimum. Projects should be designed to minimize cut and fill areas, and grade changes should be minimized and kept in harmony with the general appearance of the neighboring landscape. The proposed project includes construction of a new patio in the south side yard and construction of a terrace in the rear yard, in addition to the installation of a variety of trees and shrubs. The south side yard currently exists in its natural state, which includes a tree in the location of the proposed patio. Creation of a patio in this location would require grading, construction of a retaining wall and a concrete patio floor, in addition to the planting of screening. These improvements do not appear to harmonize with the neighboring landscape. The rear yard is also currently in a relatively natural state; however it is fairly typical in Belvedere for properties to be developed to include rear yard patios and terraces. The proposed screen planting will soften the look of the terrace and the proposed on-grade stairs to access the ten-ace will be low in profile; therefore creation of the terrace is in substantial conformance with this finding. Relationship between structures and the site. There should be a balanced and harmonious relationship among the structures on the site, between the structures and the site itself, and between the structures and those on adjoining properties. All new buildings or additions constructed on sloping land should be designed to relate to the natural land-forms and step with the slope in order to minimize the building mass and bulk and to integrate the structure with the site. The project includes the construction of a 52 SF entry addition on the rear elevation, as well as the conversion of an existing roof to a roof deck on the front elevation. The proposed entry addition is modest in size, located on the rear elevation of the residence and therefore minimally visible from the street, as well as neighboring properties, and is designed to be architecturally harmonious with the existing residence. The proposed addition substantially conforms to this finding. There are currently two roof decks on the north side of the residence. An additional roof deck would contribute to increase mass and bulk on the front elevation of the residence, which has a non-conforming front yard setback of l '6". Further, the addition of another roof deck on the site does not present a balanced relationship to the structure itself and in relation to adjoining properties and the site The proposed roof deck is not in substantial confonnance with this finding.

22 Resolution No Bayview A venue September 16, 2014 EXHIBIT A Page 2 Minimizing bulk and mass. A. All new structures and additions should be designed to avoid monumental or excessively large dwellings that are out of character with their setting or with other dwellings in the neighborhood. All buildings should be designed to relate to and fit in with others in the neighborhood and not designed to draw attention to themselves. The project includes the construction of a 52 SF entry addition on the rear elevation, as well as the conversion of an existing roof to a roof deck on the front elevation. The proposed entry addition is modest in size, located on the rear elevation of the residence and therefore minimally visible from the street, as well as neighboring properties, and is designed to be architecturally harmonious with the existing residence and the dwellings in the neighborhood. The proposed addition is in substantial conf01mance with this finding. The proposed roof deck would contribute to increased mass and bulk on the front elevation of the residence, in that a railing is proposed to be installed around the perimeter of the roof deck and the roof deck would be located 1'6" from the front property line and Bayview A venue, which is a non-confonning setback. Roof decks within front yard setback are not common in Belvedere and the therefore the creation of a roof deck in the front yard setback appears to be out of character with the stmounding neighborhood. The proposed roof deck is not in substantial conformance with this finding. B. To avoid monotony or an impression of bulk, large expanses of any one material on a single plane should be avoided, and large single plane retaining walls should be avoided. Vertical and horizontal elements should be used to add architectural variety, to break up building planes, and to avoid monotony. The proposed project does not include large expanses of any one material; with the exception of the newly proposed retaining walls and replacement retaining walls, all of which are proposed to consist of brushed concrete. The walls are primarily located in the rear and side yards and large expanses of the walls will not be visible by the public or from neighboring prope1iies. Fmiher, the proposed addition would not increase the impression of bulk due to its location, on the rear elevation of the residence, within an existing notch in the building; its size, at 52 SF; and its height, at 9'4". Materials and colors used. Building designs should incorporate materials and colors that minimize the structures visual impacts, that blends with the existing landforms and vegetative cover, that relate to and fit in with structures in the neighborhood, and that do not attract attention to the structures themselves. Soft and muted colors in the earthtone and woodtone ranges are preferred and generally should predominate. Trim and window colors should be compatible with and complementary to the other building colors.

23 Resolution No Bayview A venue September 16, 2014 EXHIBIT A Page 3 The proposed project involves construction of an addition, conversion of a existing roof into a roof top deck, installation of two new outdoor fireplaces, replacement of railings, and site work, including the construction of new and replacement retaining walls. The materials and colors proposed to be utilized in construction of the addition will match the materials and colors on the existing residence and the proposed glass railings will match the existing railings on the upper deck. The fireplaces will be located within an expanded chimney, which will be designed to match the existing chimney, and the new retaining walls will only be partially visible by the public and neighboring properties. Fences and screening. A. Fences and physical screening should be located so as to be compatible with the design of the site and structures as a whole, should conceal and screen garbage areas, mechanical equipment, and structural elements from public view, should preserve privacy between adjoining dwellings, where practical, and should not significantly block views. The project includes construction of short length of wood fencing, 6' in height, along the south side property line, in addition to custom-made lattice screening on the south elevation of the residence in the location of the utilities. The newly proposed fence would not block views from the neighboring property; however it would remove the open, natural landscape ambiance presently associated with the south side yard between the properties; therefore the proposed fence does not appear to meet this design review criteria. Privacy. Building placement, and window size and placement should be selected to give consideration to the privacy of adjacent buildings. The project includes construction of a 52 SF entry addition on the rear elevation of the residence, a new roof deck, and patio. New windows and skylights are proposed to be located on the west elevation of the addition and a new entry door and sidelights are proposed on the north elevation. The addition will not be visible from neighboring properties and therefore will not impact the privacy of adjacent buildings. The proposed creation and placement of a south side yard patio would create privacy impacts. The south side yard cmrently exists in its natural state, which includes a tree in the location of the proposed patio. Creation of a patio in this location would require grading, construction of a retaining wall and a concrete patio floor, in addition to the planting of screening. Additionally, creation and placement of a new roof deck would impact the privacy of the neighbors to the south. The roof deck would be located in the front yard setback and within the line of site of the neighbors. Drives, parking and circulation. Walkways, driveways, curb cuts and off-street parking should be planned and designed so as to minimize interference with smooth traffic flow, to encourage separation of pedestrian from vehicular traffic, and to be as safe and convenient as is practical. They should not be out of relationship with the design of the proposed

24 Resolution No Bayview Avenue September 16, 2014 EXHIBIT A Page 4 buildings and structures on the site, and should not intrude on the privacy of, or conflict with the appearance or use of neighboring properties. The project does not include revisions to the existing driveway, parking or primary circulation of the property. Exterior lighting, skylights, and reflectivity. Exterior lighting should not create glare, hazard, or annoyance to neighboring property owners or to passersby. Lighting should be shielded and directed downward, with location of lights coordinated with the approved landscape plan. Skylights should not have white or light opaque exterior lenses. There are no new light fixtures proposed as part of this project. Consideration of nonconformities. The proposed work shall be viewed in relationship to any nonconformities, as defined in Title 19, and where it is determined to be feasible and reasonable, consideration should be given to conditioning the approval upon the mitigation or elimination of such nonconformities. The proposed project includes requests for approval of three Variances and a Floor Area Exception. Two of the Variance requests are to allow construction of new retaining walls over 4' in height; one in the rear yard setback and second in the side yard setback. The third Variance request is to allow the change of use of an existing flat roof (which currently encroaches into the front yard setback), into a usable outdoor space, a roof deck. The Floor Area Exception request is to allow an additional 52 SF of floor area to be constructed as part of an entry addition. With regard to the Variance requests, the applicant's proposal to reconstruct and extend an existing rear yard retaining wall into the rear yard setback appears reasonable in that the project site is a steeply sloped parcel and hillside erosion management is necessary at the rear of the existing residence. The applicant has indicated that construction of the proposed 4' 6" retaining wall is the most appropriate approach to address the issue. The rear yard wall would only be partially visible from neighboring properties and the location of the wall would not impact the privacy or views from neighboring properties. The rear yard retaining wall is proposed to connect to a reconstructed and extended side yard retaining wall. The existing wood wall has an angular shape and is located 1 '3" away from the side yard property line at its nearest point currently. The newly proposed brushed concrete wall would be approximately 5' in height and extend further into the side yard setback by approximately 2'6". The closest point of the wall, from the side yard property line will remain at 1 '3". The applicant has indicated that the purpose of the extension of the wall is to provide for a more functional deck landing, as the current deck landing is considerably narrow at 4'. The new side yard wall would be only partially visible from the street and by neighboring properties and would not affect the privacy or views from neighboring properties. The applicant is also proposing to convert an existing roof~ located on the front elevation of the residence, into a roof deck. Variance approval would be required because the roof is presently located 1'6" from the front yard property line and the applicant is proposing a

25 Resolution No Bayview A venue September 16, 2014 EXHIBIT A Page 5 change of use of the area, from a roof to a usable outdoor space. Although the parcel, at 5,612 SF in size, is smaller than the average parcel on Belvedere Island, and the parcel is steeply sloped, the property currently has a substantially sized deck on the main living level, as well as a roof deck on the upper living level. Conversion of the existing roof into a roof deck, including the installation of new railings, will exacerbate the nonconforming setback, increase the visual mass and bulk of the residence, and potentially impact neighbors' privacy. The roof deck is not in substantial confonnance with this finding. Further, the applicant is proposing to create a rear yard terrace as part of this application. The proposed rear yard tenace appears to be the appropriate location for the creation of additional usable outdoor space. The proposed Floor Area Exception would allow construction of a 52 SF entry addition on the rear elevation of the residence. The permitted floor area for the property is 1,852 SF. The existing floor area for the property is 3,883 SF. With the new addition, the floor area will be 3,935 SF. Although the proposed total floor area would significantly exceed the permitted floor area for the parcel, the new addition would not noticeably add to the mass and bulk of the existing residence. The addition would be located on the rear elevation of the residence, out of view from neighboring properties. At 9'4" in height, the addition would be modest in scale and the proposed materials and colors would match the existing residence; therefore a Floor Area Exception is reasonable. Landscape plans -- Purpose. A. Landscape plans should be compatible with the character of the site and surrounding developed properties. Native or natural appearing vegetation, with generally rounded, natural forms, should be placed to appear as loose, informal clusters. B. Landscape plans shall include appropriate planting to soften or screen the appearance of structures as seen from off-site locations and shall include appropriate screening for architectural elements, such as building foundations, deck supports, and retaining walls, that cannot be mitigated through architectural design. C. Landscape plans should provide privacy between properties. Choice of landscape materials should take into consideration the future impact which new planting may have in significantly obstructing views from nearby dwellings. The proposed project includes new landscaping in the side and rear yards of the property. Four new trees are proposed to be planted, including a vine maple tree in the south side yard, two buckeye trees in the upper south side yard, and a California scrub oak in the north side yard. In addition, a pittosporum hedge is proposed around the perimeter of the newly proposed patio in the south side yard, with star jasmine planted along its inside edge. Additional smaller trees are proposed along the northern property line, including tea tree, sugar bush and coffee berries. Hellebore and flowering currant plants are proposed along the stairway leading to Bayview A venue and a variety of groundcover plants are proposed in the rear yard, behind the residence and surrounding the proposed rear yard terrace. The landscaping is in substantial conformance with this finding as it includes natural and native vegetation, is compatible with the character of the site and the sunounding properties, and is designed to provide screening of architectural elements.

26 Resolution No Bayview A venue September 16, 2014 EXHIBIT A Page 6 Landscape Plans - Materials. A. Plant materials native to northern California and Marin County, and those that are drought-tolerant are encouraged. Evergreen species are encouraged for use in screen planting situations. Because of high water usage, turf areas should be minimized and narrow turn areas, such as in parking strips, should be avoided. B. Landscape plans should include a mix of fast and slow growing plant materials. Fast growing trees that have a short life span should be used only when planted with others which reach maturity at a later age. C. Landscape plans should include water conserving irrigation systems. Plant materials should be selected so that once established, much of the major site landscaping would survive solely on rainfall. The proposed landscape is in substantial conformance with this finding as it includes four new trees, including buckeye and oak trees, which are native to Marin County, as well as variety of smaller trees and shrubs that are low water use and include slow and fast.. growmg species.

27 CITY OF BELVEDERE RESOLUTION NO A RESOLUTION OF THE CITY OF BELVEDERE GRANTING A VARIANCE FROM SECTION (R-15 SIDE YARD SETBACK) AND A VARIANCE FROM SECTION (REAR YARD SETBACK) OF THE BELVEDERE MUNICIPAL CODE FOR THE PROPERTY LOCATED AT 285 BAYVIEW A VENUE WHEREAS, a proper application has been submitted for a Variances from the zoning provisions of the Belvedere Municipal Code to allow for construction of two retaining walls, 4 Yz' and 5' in height, within the side and rear yard setbacks of the property located at 285 Bayview A venue; and WHEREAS, the Planning Commission held a duly noticed public hearing on the requested Variance on September 16, 2014; and WHEREAS, the Planning Commission makes the following findings of fact: a) The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. The granting of the Variances to allow construction of two walls greater than 4' in height in the side and rear yard setbacks will not constitute the granting of a special privilege inconsistent with the limitations placed on other properties in the vicinity and zone of the subject property. There would be no grant of special privilege in the granting of the Variance from the side yard setback requirement because such a Variance would allow the applicant to construct a retaining wall in the side yard for the purposes of stabilizing the hillside, curtailing erosion, and improving access to existing improvements, which are privileges similarly situated properties typically enjoy. Further, there would be no grant of special privilege in the granting of the Variance from the rear yard setback requirement because such a Variance would allow the applicant to construct a retaining wall in the rear yard for the purposes of stabilizing the hillside and curtailing erosion, which are privileges similarly situated properties typically enjoy. b) Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance section would deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification, so that a denial of the applications wouldresult in undue property loss. The special circumstances applicable to the property, including the smaller than average parcel size, at 5,612 SF, and the fact that the parcel is a steeply sloped lot, are such that the granting of Variances to allow the construction of retaining walls greater than 4' in height in the side and rear yard setback would not constitute a grant of special privilege. Denial of the Variance requests to allow construction of the retaining walls in the side and rear yard setbacks would deprive the applicant of the ability to stabilize the existing hillside and ATTACHMENT 2

28 Resolution Bayview A venue September 16, 2014 Page2 control the erosion in the most practical method available. Further, denial of the Variance requests to allow construction of a retaining wall in the side yard setback would deprive the applicant of the ability to provide an adequate and functional landing area on his existing main level deck. Therefore, the special circumstances applicable to the property are such that to impose a strict application of the Zoning Ordinance would deprive this property of privileges enjoyed by other similarly situated property in the vicinity and result in undue prope1iy loss. c) The granting of the Variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements of owners of other premises, or to the quiet enjoyment of their premises. The granting of the Variance requests will not be detrimental to the public health, safety or welfare or be injurious to the property or improvements of owners or the quiet eajoyment of their premises because the proposed improvement shall be conditioned to comply with the Building Code and the retaining wall has been designed in compliance with the City's design review guidelines. Further, the proposed side and rear yard retaining walls will not impact the quiet enjoyment of neighboring properties. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Belvedere does hereby grant a Variance from the requirements of Title 19 of the Belvedere Municipal Code to allow for the construction of retaining walls, 4 Yz' and 5' in height, within the required side and rear yard setbacks of the property located at 285 Bayview Avenue. PASSED AND ADOPTED at a regular meeting of the Belvedere Planning Commission on September 16, 2014, by the following vote: AYES: NOES: ABSENT: RECUSED: Nancy Kemnitzer, Planning Commission Chair ATTEST: Leslie Carpen tiers, City Clerk

29 CITY OF BELVEDERE RESOLUTION NO A RESOLUTION OF THE CITY OF BELVEDERE GRANTING AN EXCEPTION FROM SECTION OF THE BELVEDERE MUNICIPAL CODE FOR THE PROPERTY LOCATED AT 285 BAYVIEW A VENUE WHEREAS, a proper application has been submitted for an Exception to Total Floor Area from the zoning provisions of the Belvedere Municipal Code to permit a maximum floor area of 3,935 SF, where 3,883 SF currently exists, and 1,852 SF is permitted, at 285 Bayview Avenue; WHEREAS, the project has been determined to be exempt from the California Environmental Quality Act (CEQA), pursuant to Section of the CEQA Guidelines; WHEREAS, the Planning Commission held a duly noticed public hearing on the requested Floor Area Exception on September 16, 2014; and WHEREAS, the Planning Commission made each and every one of the following findings of fact, as required by section (A)(l) of the Belvedere Municipal Code: a. That primary views from adjacent properties, as well as from the street, are not significantly impaired by the additional square footage. Primary views are not significantly impaired by the additional square footage. The proposed entry addition will be located on the rear portion of the residence. The rear yard slopes upwards steeply towards Bella Vista Avenue and the new addition will not be visible from neighboring properties. The addition is proposed to be 9' 4" in height and 52 SF in size, and the additional square footage proposed is well integrated into the existing architecture. b. That there are unusual characteristics applicable to the parcel which minimizes the impact to greater floor area. The unusual characteristic of the parcel which minimizes the impact of the greater floor area is that the rear yard of the parcel is steeply sloped. The proposed addition will be located on the rear elevation of the residence; an elevation which is not visible from neighboring properties. c. That the proposed structure(s) are appropriate in mass, bulk, and character for the parcel, the neighborhood, and the zoning district, and meet(s) all design review criteria. The proposed project is appropri lte in mass, bulk, and character for the parcel, neighborhood, and zoning district because. the additional floor area is designed to be well integrated into the existing architectu:f~~ The materials that will be used in constructing the addition are proposed to match the existing residence. Additionally, the project meets all Design Review criteria. ATTACHMENT 3

30 Resolution Bayview A venue September 16, 2014 Page2 d. That the additional square footage will not substantially reduce the privacy otherwise available to residents of adjoining properties. The proposed entry addition will not substantially reduce the privacy otherwise available to residents of adjoining properties. The new floor area will be located on the rear portion of the residence, which is screened by the slope in the rear yard and vegetation to the north. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Belvedere does hereby grant an Exception to Total Floor Area to allow a maximum floor area of 3,935 square feet where 3,883 square feet currently exists and 1,852 square feet is permitted at 285 Bayview A venue. PASSED AND ADOPTED at a regular meeting of the Belvedere Planning Commission on September 16, 2014, by the following vote: AYES: NOES: ABSENT: RECUSED: Nancy Kemnitzer, Planning Commission Chair ATTEST:, Leslie Carpentiers, City Clerk

31 Project Address: 285 Bayview Avenue APPLICATION FOR DESIGN REVIEW CITY OF BELVEDERE PLANNING COMMISSION 450 SAN RAFAEL AVE BELVEDERE, CA PH FAX RECEIVED FOR STAFF USE ONLY Date: JUN Rec'd. by: A.JS/IA..._ Amount: Citu-Bt:>d~re Receipt No.: 22-7 < <. Parcel No.: O&,o- / q <{-( 8' Planning Comm. Approval Design Review Exception Staff Approval D D D SECTION 1 PROJECT SUMMARY Does this project have an active building permit? No IID Yes D Permit No.:----- Does this project have Planning Commission approval? No ~ Address of Property: 285 Bayview Avenue Yes D Record Owner of Property: J_o_y_R_e_is_n_e_r Mailing 285 Bayview Avenue Daytime Phone: Address: Belvedere, CA Fax: n/a Owner's Representative: J_o_h_n_S_w_a_in Mailing 89 Beach Road Daytime Phone: Address: Belvedere, CA Fax: Project Description: 1. New 52 sq ft entry. 2. New 114 sq ft deck at existing roof. 3. Create new concrete patio at South side of residence. 4. Replace existing wood retaining wall at entry stair. 5. New concrete retaining wall at rear of structure. 6. New 315 sq ft terrace and stair at rear yard. 7. Replace existing wood rail with glass and metal rail. 8. Replace and relocate existing fireplace at existing lower deck. 9. New fireplace at existing upper deck. n/a -~js_w_a_in_@_s_w_a_in_d_e_s~ig~n_._co_m Design Review Application Page 1 of 9 City of Belvedere U:\planningmanager\Planning Fonns\PLANNING FORMS - LATEST EDITION\APPLICATION FOR DESIGN REVIEWrev doc Attachment 4

32 Project Address: 285 Bayview Avenue ZONING PARAMETERS: Required Existing Pro12osed Lot Area... 15,000 5,612 no change Lot Coverage... 1,852 1, Total Floor Area... 1,852 3, Front Yard Setback ' - 4' no change Left Sideyard Setback... 9' -9" 17' - 2' no change Right Sideyard Setback... 9' -9" 5' - 9' no change Rear Yard Setback... 20' 23'-5' no change Building Height Maximum... 36' 30' no change Building Height Average... 30' 30' no change Parking Spaces no change SECTION 2 ENVIRONMENTAL INFORMATION REQUIRED BY CEQA (To Be Completed by Applicant) Date Filed: 1_0_J_u_n_e_2_0_1_4 General Information I. Name and address of developer or project sponsor: J_o_y_R_e_is_n_e_r 2. Address of project: 285 Bayview Avenue 3. Name, address, and telephone number of person to be contacted concerning this project: John Swain 89 Beach Road, Belvedere, CA 94920, Indicate number of the permit application for the project to which this form pertains: List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: none Existing zoning district: R_-_1_5 Proposed use of site (Project for which this form is filed): N_o_c_h_a_n-=g_e_-_R_e_s_i_d_e_n_ti_a_I ~(X_2~)~ Year built: 1960's Original architect: _u_n_k_n_o_w_n Project Description 9. Site size. 5_,_6_1_2 10. Square footage. 3, Number of floors of construction. 2 + basement ~ 12. Amount of off-street parking provided. 3_+ 13. Plans attached? es Design Review Application Page 2 of 9 City of Belvedere U:\planningmanager\Planning Forms\PLANNING FORMS- LATEST EDmON\APPLICATION FOR DESIGN REVIEWrev2-3-!0.doc

33 Project Address: 285 Bayview Avenue 14. Proposed scheduling. O_c_to_b_e_r_2_0_1_4_-_D_e_c_2_0_1_4 15. Associated projects, such as required grading or staging. n_o_n_e 16. Anticipated incremental development. n_o_n_e 17. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. n/a If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities.,_n~/=a 19. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required. n_/a Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of D ~ ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. D ~ 22. Change in pattern, scale or character of general area of project. D Significant amounts of solid waste or litter. D lkl 24. Change in dust, ash, smoke, fumes or odors in vicinity. D Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing D 00 drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D ~ 27. Site on filled land or on slope of 10 percent or more. D Use of, or disposal of potentially hazardous materials, such as toxic substances, flammables or D lkl explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). D lkl 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D Relationship to a larger project or series of projects. D l&l 32. Changes to a structure or landscape with architectural or historical value. D lkl 33. Changes to a site with archeological or cultural value such as midden soil. D lkl Yes No Environmental Setting 34. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. A steeply sloped site with a wood sided residence. 35. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (onefamily, apartment houses, shops, department stores, etc.), and scale of development {height, frontage, setback, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Residential 2 or more story buildings. Almost all built within setbacks. Design Review Application Page 3 of 9 City of Belvedere U:\planningmanager\Planning Fonns\PLANNING FORMS - LATEST EDITION\APPLICATION FOR DESIGN REVIEWrev2-3-IO.doc

34 Project Address: 285 Bayview Avenue SECTION 3 ESTIMATE OF TIME FOR CONSTRUCTION For Design Review applications not requiring a building permit this form does not apply. Review approvals expire twelve (12) months from the date of approval. Design This Section advises you of the Time Limit Guidelines that are applied to all Design Review applications that require a building permit as prescribed by Section of the Belvedere Municipal Code. "As part of any application for Design Review, the applicant shall file a reasonable estimate of the cost of the proposed construction, and based thereon, a construction time limit shall be established for the project in accordance with Section (b) of the Belvedere Municipal Code. Compliance with such time limit shall become a condition of design review approval." The maximum time for completion of construction shall not exceed six months for additions and remodeling up to $100,000 in value; 12 months for construction up to $500,000 in value; and 18 months for construction valued at more than $500,000. Failure to complete construction in the agreed upon time will result in fines ranging from $400 per day to $800 per day with a $200,000 maximum penalty. Application for an extension of the prescribed time limit can be made providing certain conditions are met. The maximum extension is 6 months. The time for completion of the construction shall also be indicated on the building permit. In the space provided below please indicate the estimated project valuation. Estimated cost of construction: $ 4_0...:,.,0_0_0 Based on the above estimated project valuation, check one of the following Time Limit Guidelines that shall apply to your project: 0 1. For new construction, the demonstrable value of which is estimated to be less than $500,000. Construction shall be completed twelve (12) months from the commencement of work following the issuance of the building permit For new construction, the demonstrable value of which is estimated to be more than $500,000. Construction shall be completed eighteen (18) months from the commencement of work following the issuance of the building permit. ~ 3. For additions, alterations, modifications and repairs, the demonstrable value of which is estimated at less than $100,000. Construction shall be completed six (6) months from the commencement of work following the issuance of the building permit For additions, alterations, modifications and repairs, the demonstrable value of which is estimated at less than $500,000. Construction shall be completed twelve (12) months from the commencement of work following the issuance of the building permit For additions, alterations, modifications and repairs, the demonstrable value of which is estimated at more than $500,000. Construction shall be completed eighteen (18) months from the commencement of work following the issuance of the building permit. For those projects that do not fall under any of the above Time Limit Guidelines or wish to exceed the time limit that was approved by the Planning Commission, the following outlines the "Extension of Construction Time Limit" ( ) process: Design Review Application Page 4 of 9 City of Belvedere U:\planningmanager\Planning Forms\PLANNING FORMS - LATEST EDITION\APPLICATION FOR DESIGN REVIEWrev2-3-IO.doc

35 Project Address: 285 Bayview Avenue 1. Within twelve months following the original approval of Design Review for the construction, and provided that no construction activity has yet commenced on the project, the applicant may apply for an extension of the established construction time limit, not to exceed an additional six months. 2. An application for an extension of the construction time limit shall be accompanied by complete working drawings for the construction, a written explanation of the reasons for the requested extension, and a fee, as established by City Council resolution. 3. Within 10 working days of receipt of a complete application for extension, said application shall be reviewed by a committee consisting of the City's Building Official, the City Planner, and the City Engineer, meeting together with the project contractor, architect, and, at the applicant's option, the applicant and/or any other representatives of the applicant. At the completion of such review, the committee shall make a recommendation to the Planning Commission whether to approve the requested extension. 4. The committee's recommendation shall be placed on the next available Planning Commission agenda and noticed as an amendment to the applicant's existing Design Review approval. Any modification by the Planning Commission of the original construction time limit shall not extend the existing expiration date of the Design Review approval. 5. Administrative extension. Within 10 working days of receipt of a complete application for extension, said application shall be reviewed by a committee consisting of the City's Building Official, the City Planner, and the City Engineer, meeting together with the project contractor, architect, and, at the applicant's option, the applicant and/or any other representatives of the applicant. The committee may recommend to the Planning Commission, and the Planning Commission may approve, an extension if it is determined that any one or more of the following factors presents an unusual obstacle to complying with the standard construction time limit: a.site topography; b.site access; c. Geologic issues; d. Neighborhood considerations; e. Other unusual factors. At the completion of such review, the committee shall make a written recommendation to the Planning Commission whether or not to approve the requested extension and setting forth the findings it has made justifying its decision. The Committee shall have the authority to administratively approve requests for extension, subject solely to the guidelines of Paragraphs 2 and 3 above, provided however that such extensions do not result in a construction time line exceeding 18 months. SECTION 4 ACKNOWLEDGEMENT OF HOURLY BILLING COSTS This Section advises you of the costs that may be involved in processing Planning-related applications and/or appeals. You are hereby requested to acknowledge this information and agree to be responsible for all expenses incurred in the processing of your application(s)/appeal(s). As the property owner/appellant, you agree to be responsible for the payment of all costs, both direct and indirect, associated with the processing of the applications(s)/appeals(s) referenced below. Such costs may be incurred from the following source: Hourly billing costs as of July 1, 2008, (subject to change without notice): Planning Manager $ Assistant Planner $ City Attorney $ Specialized Planning Consultant Actual costs + 25% overhead Design Review Application Page 5 of 9 City of Belvedere U:\planningmanager\Planning Forms\PLANNING FORMS - LATEST EDITION\APPLICATION FOR DESIGN REVIEWrev2-3-IO.doc

36 Project Address: 285 Bayview Avenue For all applications and appeals, an initial deposit is required at the time of submittal, with the amounts determined by City Council resolution. In addition to the initial deposit, the property owner/appellant may be required to make further deposits for anticipated work. Invoices are due and payable within 15 days. Application(s) /or appeal(s) will not be placed on an agenda until these deposits are received. SECTION 5 ACKNOWLEDGEMENT OF RESPONSIBILITY This Section applies to all projects that receive design review. It has been found that there are often misunderstandings regarding changes to building plans that receive Design Review. This occurs when construction plans are submitted to the Building Department for permit issuance after planning approval has been achieved. Another common occurrence is a change to the project while it is underway without first obtaining an approval from the City for the deviation from the original plan. To help your project proceed in an expeditious and harmonious manner, the City of Belvedere wishes to inform you of several basic understandings regarding your project and its approval. By you and your representative signing this document, you are acknowledging that you have read, understand, and will comply with each of the points listed. 1. Once Design Review approval has been granted, construction plans may be submitted to the City. The construction plans shall be identical to the plans approved for design review. (Authority: Belvedere Municipal Code Section ). Deviations from the plans approved for Design Review cannot be approved except by an amendment to the Design Review approval. It is the applicants' responsibility to assure conformance, and the failure of staff to bring nonconformities to the applicants' attention shall not excuse the applicant from such compliance. 2. Comments from City staff regarding the project shall neither be deemed official nor relied upon unless they are in writing and signed by the City Manager or his designee. 3. Without the prior written approval of the City, construction on the project shall not deviate in any manner, including but not limited to form, size or color, from approved construction plans. If at any time during construction, and without such written approval, construction on the project is found by a member of City staff to deviate from the approved construction plans in any manner, an official STOP WORK ORDER will be issued by the City, and there shall be a total cessation of all work on the project. 4. If such a STOP WORK ORDER is issued, the City may initiate proceedings to impose administrative penalties or nuisance abatement proceedings and issue an order to show cause, which will compel the undersigned property owner to appear before the City Council and show cause why the work performed does not deviate from the approved plans and why such work should not be condemned as a public nuisance and abated. (Authority: Belvedere Municipal Code Chapters 1.14 and 8.12) Design Review Application Page 6 of 9 City of Belvedere U:\planningmanager\Planning Forms\PLANNING FORMS- LATEST EDITION\APPLICATION FOR DESIGN REVIEWrev2-3-IO.doc

37 Project Address: 285 Bayview Avenue SECTION 6 ADDITIONAL INFORMATION FOR APPLICANTS Story Pole Requirement Preliminary Story Poles sufficient to indicate the height and shape of the proposed structure or additions shall be placed on the site at least twenty (20) days prior to the first meeting date at which this application will be heard. Final Story Poles must be placed at the site at least ten (10) days prior to the first meeting date and removed no later than ten (10) days following the final city action on the project application. Story poles shall be connected at their tops with colored tape or ribbon to clearly indicate ridges, eaves, and other major elements of the structure. Limit on the Number of Administrative and Planning Commission Design Review Approvals Pursuant to Belvedere Municipal Code Section (8)(1 )(a), for a site or structure with no existing active Design Review approval, during any twelve-month period, an applicant may obtain up to four administrative approvals, which may be in the form of either Staff Approval, Design Review Exception, or a combination of the two. However, there is no limit to the number of times an applicant may apply for Planning Commission Design Review. Any such administrative or Planning Commission Design Review approval(s) shall be valid for a period of twelve (12) months from the date of approval, unless a building permit has been issued for the project within said twelve (12) month period, in which case the Design Review approval shall be valid as long as there is an active building permit for the project. Once a project has been approved by Planning Staff or the Planning Commission, administrative approvals to amend the existing active Design Review approval for that project shall be limited to three such approvals at any time during the lifetime of the underlying Design Review approval, plus one such approval during the process of obtaining final inspection approval of the project. Any such administrative approval(s) granted shall NOT extend the twelve (12) month term, of the underlying Design Review approval, or the building permit construction time limit if a building permit has been issued for the project. STATEMENT OF PROPERTY OWNERSHIP, CERTIFICATION OF APPLICATION, & DESIGNATION OF REPRESENTATIVE All property owners must complete this Section. Street address of subject property: 2_8_5_B_a_:y:_v_ie_w_A_v_e_n_u_e Assessor's Parcel No(s). of subject property: _0_6_0_-_19_4_-_1_8 )> Properties Owned by Individuals I, Joy Reisner, state under penalty of perjury under the laws of the State of California that I am the record owner of the above-described subject property. I hereby make application for approval of the design review requested. I have read this application and hereby certify that the statements furnished above and in the attached exhibits present the data and Design Review Application Page 7 of 9 City of Belvedere U:\planningmanager\Planning Forms\PLANNING FORMS - LATEST EDITION\APPLICATION FOR DESIGN REVIEWrev2-3-IO.doc

38 Project Address: 285 Bayview Avenue information required for the design review and initial environmental evaluation to the best of my ability, and that the facts, statements and information presented are true and correct to the best of my knowledge and belief I agree to be responsible for all costs incurred in connection with the processing of my application and appeals, if any. And I agree to be bound by Section 5, "Acknowledgement of Responsibilities," above and representations one through four contained therein. In the case of an application for revocable license, I agree that, upon approval by the City Council of the revocable license requested, I will promptly execute a license drafted by the City, have it notarized, and return it to the City so that it may be recorded. Signed this / k day of <;}iu1_.,,e. /, 20l!j:at Belvedere, California. Signature ~ ~ '» Properties Owned by a Trust, LLC, Corporation, Partnership, or Other Entity For properties owned by a trust, please attach the trust document or a certificate of trust, including any attachments thereto. For an LLC, corporation, partnership, or other entity, please attach proof of ownership a~d cert!fl_;f}:io~ of the signer's authorization to enter into contracts on behalf of the entity. I, -i"' 7Ct{U(._,,~, state under penalty of perjury under the laws of the St' e of 0 lifornia that the above-described subject property is owned by a trust, LLC, corporation, partnership, or other entity and that my signature on this application has been authorized by all necessary action required by the LLC, corporation, partnership, or other entity. I hereby make application for approval of the design review requested. I have read this application and hereby certify that the statements furnished above and in the attached exhibits present the data and information required for the design review and initial environmental evaluation to the best of my ability, and that the facts, statements and information presented are true and correct to the best of my knowledge and belief I agree to be responsible for all costs incurred in connection with the processing of my application and appeals, if any. And I agree to be bound by Section 5, "Acknowledgement of Responsibilities," above and representations one through four contained therein. In the case of an application for revocable license, I agree that, upon approval by the City Council of the revocable license requested, I will promptly execute a license drafted by the City, have it notarized, and return it to the City so that it may be recorded.. Signed this / /p day of~, 20dat Belvedere, California. Signature ~7J' &-c~~ Signature Title(s) Title(s) )<{' Trustee(s) D Partners: 0 Limited or 0 General 0 Corporation, 0 Other,----..,-. Name of trust, LLC, corporation, or other entity: ~'1._/g ~A..L~J ~-{:;;- Design Review Application Page 8 of 9 City of Belvedere U :\planningmanager\planning Forms\PLANNING FORMS.. LA TEST EDITION\APPLICA TION FOR DESIGN REVIEWrev2-3-l O.doc

39 Project Address: 285 Bayview Avern 1e.>- Designation of Owner's Representative (Optional) I, Joy Reisner, hereby authorize John Swain to file on my behalf any applications, plans, papers, data, or documents necessary to obtain approvals required to complete my project and further authorize said person to appear on my behalf before the /.,; Planning Commission and/or City Council. This designation is valid until the project covered by the application(s) is completed and finaled or ~ntil the designation is rescinded in writin_g. ~ 1 1 / SignatureofOwner: ~ Date: 6J /~ _/! Date: 1 "t~v},z z:;.q. Design Review Application Page 9 of 9 City of Belvedere U:\planningmanager\Planning Forms\PLANNING FORMS -LATEST EDITION\APPLICATION FOR DESIGN REVIEWrev2-3-JO.doc

40 Project Address: i 285 Bayvikw AveotJe I APPLICATION FOR V ARJ!ANCE CITY OF BELVEDERE PLANNING COMMISS~ON 450 SAN RAFAEL AVE BELVEDERE, CA PH FAX LVEDERE.ORG I J I I Date: Rec'd. by: AfSM Amount:l Recei~t No.: f) Ass~~Wo?~ 'PaW!'eff~o: /y((!) ( f' V /{? Zone: 1311 < I ---~!...:.,_;;_---~-+-~ Address of Property: Type of Property: 285 Bayview Avenue SFR Reco~OwnmclPrope~:~_J_o~y_R_e_~_n_e_r ~-----~~ 1 Mailing 285 Bayview Avenue Daytime Phone: _4_1_5_ _3_3_1_5. Address: Belvedere, CA Fax: n/a n_/a --+/.,. Owne~sRe~~e~~w:~_Jo_h_n_S_w_a_in ~I----~-~ Mailing 89 Beach Road Daytime Phone: 4_15_4+-p5_0_46_8 --.l--- Address: Belvedere, CA Fax: :zl_636 Emai-1: ====js=w=a=in:@=:sw::a:~:d:e:si=g=n-=c=om======= Description of project and variance(s) requested: I Add a new 114 sq ft wood ~eek with a metal and glass rail over an existing flat roof within the front yard setback. / I ORDINANCE REQUIREMENT EXISTING 15 ft O in 1 ft 6 in PROPOSED II 1 ft 6 in I Variance Application Page 1 of 2 City of Belvederd I lj:'(j.annillqitianagcr\pfnnnlnu Fcrms'.PU.t.JNING FOP.MS. L:.. iest EOITION\..:..PPUCATION 1:r;R v:..,h!mjce.d ::e Rc'.f.!i123'.:C-C.-;Jd LC I I l I

41 I Project Address: J2...,8,.,_,5~B""'a..,...yV.ui~b..uw_,_A...,v / l... e<.un... u... e_-+--- I hereby apply for a variance from the strict interpretation of the Belvedere Zon ng Ordinance to bermit the construction described on the previous page. I propose that the Planning Commission mare the following findings of fact in order to grant the requested variance: I A. The granting of this variance will not constitute a grant of special/privilege incon~istent with the limitations upon other properties in the vicinity and zone i~ which such pmperty is situated because: 1 j Most other properties in the vicinity are built within the setbacks and are ~uilt on steep hi,lsides with decks over living spaces. /! B. Because of special circumstances applicable to the property, i~cluding size, Jhape, topography, location, or surroundings, the strict application of tpe Zoning Ordlhance section would deprive this property of privileges enjoyed by other property in the J1i.~cinity and under identical zoning classification, so that a denial of the ap,plication would result in undue property loss, as follows: The lot is exceptionally steep and odd shaped with virtually no flat areas. Many propertie. I I in the vicinity have decks built within the setbacks. l I C. The granting of this variance will not be detrimental to the public health, saf~ty or welfare, or injurious to the property or improvements of owners oj other premises1 or to the quiet enjoyment of their premises because: The proposed deck is not visible from the adjacent properties and is of, sufficient dista 1 ce i from neighbors outdoor space that it will not impact the privacy of adjacent properties. I i I, the undersigned owner of the property herein described (or owner represen ative, as authori~ed by completion. of a Statement of Ownership and Designation of Representative), ereby make appl!cation for the variance requested, and I hereby certify that the facts, statements an information presented herein and in the attached exhibit s are true and correct to the best of my know edge and belief I I Date: 1 9-'...1 J tj ~ Z i> 1 q Variance Application Page 2 of 2 City of BelvederJ I!J:'{.H<"\nnmo1n11n<l;e:;p1;;r.nlnn Fc:ms'PL;NNNG FOP.MS L,; rest EDITIQN\.;PPLICA TIC-N f l')r 'l \P.lt..~JC2:,:fr,.~ Re:. t1:2:;:;:co9 LC j I i I i I

42 Project Address: 285 Bayview Avern 1e APPLICATION FOR VARIANCE CITY OF BELVEDERE PLANNING COMMISSION 450 SAN RAFAEL AVE BELVEDERE, CA PH FAX Date: 7 / vf ft <f I I Assessors Parcel No: Address of Property: Type of Property: 285 Bayview Avenue SFR Reco~OwnMclProperty:~~J_o~y_R_e_~_n_e_r~~~~~~~~~~~~~~~~~~~ Mailing 285 Bayview Avenue Daytime Phone: Address: Belvedere, CA Fax: n/a n/a Owne~sRepresentative:~~Jo_h_n~S_w_a_in~~~~~~~~~~~~~~~~~~~~ Mailing 89 Beach Road Daytime Phone: Address: Belvedere, CA Fax: jswain@swaindesign.com - Description of project and variance(s) requested: Replace existing wood retaining wall in side yard setback over 4 feet with new concrete retaining wall and expand existing walkway. Both the wall and the walkway will be expanded further into the setback by 2.5 ft. ORDINANCE REQUIREMENT EXISTING PROPOSED ft 9 in 1 ft 3 in 1 ft 3 in Variance Application Page I of2 City of Belvedere V:~p!anningmru1Jgcr\Pfnnnino Fcrn15\PL.;NNING Ff)RMS LA n~sr EDIT!ON\..;PPLlCA Tl(H-i FOR Vf\F~iM.ZCE.d ::~ H~::-..:. Ur.23!2006 LC

43 Project Address: 285 Bayview Avenue I hereby apply for a variance from the strict interpretation of the Belvedere Zoning Ordinance to permit the construction described on the previous page. I propose that the Planning Commission make the following findings of fact in order to grant the requested variance: A. The granting of this variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated because: The topography of this lot is extremely steep in a neighbor hood of very steep lots. Many of the lots in the neighborhood require retaining walls to prevent hillside erosion. The existing walkway becomes narrow (3 ft) adjacent to the wall more common to a rear entrance. B. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance section would deprive this property of privileges enjoyed by other property in the vicinity and under identical zoning classification, so that a denial of the application would result in undue property loss, as follows: The lot is exceptionally steep. This is a replacement of an existing wood wall, built in the 1960s that is failing. The new retaining wall is necessary to protect the residence and stabilize the hillside. The existing walkway is of a minimal width due to the limitations of the existing wood retaining wall. C. The granting of this variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements of owners of other premises, or to the quiet enjoyment of their premises because: The proposed wall and walkway are not visible from the adjacent properties and will protect the existing residence from hillside erosion. It will not impact the privacy of adjacent properties. I, the undersigned owner of the property herein described (or owner representative, as authorized by completion of a Statement of Ownership and Designation of Representative), hereby make application for the variance requested, and I hereby certify that the facts, statements and information presented herein and in the attached exhib. s) are true and correct to the best of my knowledge and belief Name:.5 v-j.p- ~ r-l Date: Z. ":{"'.,,o.. u &- ::Z-c:::J f.er Variance Application Page 2 of 2 City of Belvedere

44 Project Address: 285 Bayview Avern 1e APPLICATION FOR VARIANCE CITY OF BELVEDERE PLANNING COMMISSION 450 SAN RAFAEL A VE BELVEDERE, CA PH FAX Date: I /ta(t'f Rec'd. by: A.)5,M Assessors Parcel No: /!J(; 0 / f c( f ;/ "'""""' """ ~ Amount:f 70 Receipt No.: -""c"'"""c.:.; (.;.,_3..._/t_,j->'-) P' / (-- Zone: /<..,,( > ---+c-=...j...,'------~--- Address of Property: Type of Property: 285 Bayview Avenue SFR Reco~OwnmclProperty: J_o~y_R_e_i_s_ne_r Mailing 285 Bayview Avenue Daytime Phone: Address: Belvedere, CA Fax: n/a n/a Owner's Representative: Jo_h_n S_w_a_in Mailing 89 Beach Road Daytime Phone: Address: Belvedere, CA Fax: js_w_a_in_@_s_w_a_in_d_e_s_;ig_n_.c_o_m Description of project and variance(s) requested: Replace an existing wood retaining wall with a new 4 ft 6 in tall, 50 foot long concrete retaining wall 12 feet of which is within the rear yard setback. ORDINANCE REQUIREMENT 20 ft O in EXISTING n/a PROPOSED 17 ft 1 in Variance Application Page 1 of2 City of Belvedere

45 Project Address: 285 Bayview Avenue I hereby apply for a variance from the strict interpretation of the Belvedere Zoning Ordinance to permit the construction described on the previous page. I propose that the Planning Commission make the following findings of fact in order to grant the requested variance: A. The granting of this variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated because: The topography of this lot is extremely steep in a neighbor hood of very steep lots. Many of the lots in the neighborhood require retaining walls to prevent hillside erosion. B. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance section would deprive this property of privileges enjoyed by other property in the vicinity and under identical zoning classification, so that a denial of the application would result in undue property loss, as follows: The lot is exceptionally steep. This is a replacement of an existing wood wall, built in the 1960s that is failing. The new retaining wall is necessary to protect the residence and stabilize the hillside. C. The granting of this variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements of owners of other premises, or to the quiet enjoyment of their premises because: The proposed wall is not visible from the adjacent properties and will protect the existing residence from hillside erosion. It will not impact the privacy of adjacent properties. I, the undersigned owner of the property herein described (or owner representative, as authorized by completion of a Statement of Ownership and Designation of Representative), hereby make application for the variance requested, and I hereby certify that the facts, statements and information presented herein and in the attached exhib. are true and correct to the best of my knowledge and belief Date: Variance Application Page 2 of2 City of Belvedere

46 Project Address: 285 Bayview Avenue APPLICATION FOR EXCEPTION TO TOTAL FLOOR AREA CITY OF BELVEDERE PLANNING COMMISSION 450 SAN RAFAEL AVE BELVEDERE, CA PH FAX Date: JUN Rec'd. by:.1l!jrfl Amount: J'(iz Z 2:-- Receipt No.: '2 2 < ( < AssesS'dfl'.$~"cfli~r<tilt5':re 6<eo -I qy--1;j Zone: ---~-r_o Address of Property: Type of Property: 285 Bayview Avenue Residential - 2 Units Reco~OwnM~Property:~_J_o_y_R_e_i_sn_e_r ~ Mailing 285 Bayview Avenue Daytime Phone: 4_3_5-_3_3_1_5 Address: Belvedere, CA Fax: n_/a Owner's Representative: _J_o_h_n_S_w_a_i_n Mailing 89 Beach Road Daytime Phone: 4_3_5_-0_4_6_8 Address: Belvedere, CA Fax: Em a ii: jswain@swaindesign com ORDINANCE REQUIRES: 1,852 sq. ft. YOUR APPLICATION HAS: 3,296 sq. ft. As provided in Belvedere Municipal Code Section (1), I hereby apply for an exception to the floor area requirements in the Zoning Ordinance. I propose that the Planning Commission make the following findings of fact: 1. That primary views from adjacent properties, as well as from the street, are not significantly impaired by the additional square footage, because: Because the proposed 52 square foot entry is located at the rear of the house and the lot is so steep it is not within the site lines of adjacent properties. Exception to Total Floor Area Application Page 1of3 City of Belvedere

47 Project Address: 285 Bayview Avenue 2. That there are unusual characteristics applicable to the parcel which minimize the impact of a greater floor area, because: The lot is very steep and the house is built into the hillside. The new floor area is located at the upper floor level entry between the existing house and the cut in the h1lls1de. It 1s hidden from view. 3. That the proposed structure(s) are appropriate in mass, bulk, and character for the parcel, the neighborhood, and the zoning district, and meet(s) all Design Review criteria, because: The proposed entry is an extension of the existing architecture and blends in with the existing structure. It extends two existing walls, one by 8 feet and the other by 6 feet 6 inches, for a total of 52 square feet. An existing roof is extended by the same amount. The prooposed entry blends well with the existing design. 4. That the additional square-footage will not substantially reduce the privacy otherwise available to residents of adjoining properties, because: 'the new entry is located in an area that is not visable to adjacent properties. In addition, Section (2) includes guidelines that the Planning Commission must follow. propose that the following guidelines can be met: 5. That the proposed new construction would not create a new or expand on existing nonconformity on the property, because: The proposed entry is currently part of the existing entry deck and is already enclosed on two sides. Exception to Total Floor Area Application Page 2of3 City of Belvedere 1 '"'"'"""'" ~ '01 :nn l<n=olpr A hlhl!nr. R()J?M<: - I ATl''<T l'n!tion\a PPI.!CATION FOR EXCEPTION TO TOTAL FLOOR AREA.doc Rev. 9/ LC

48 l'roject Aaaress: Zt5::> 1:5ayv1ew Avenue (For purposes of this Section, floor area in the existing structure which is in excess of the requirements of this chapter shall not be considered to be an "existing nonconformity" on the property, and the grant of a floor area exception hereunder shall not be deemed to create a "new nonconformity." Additionally, for purposes of this section, where an applicant proposes to construct new and additional parking spaces, construction of parking structure or spaces within a setback shall not be deemed to create a nonconformity.) 6. That the proposed new construction is not a continuation, expansion, or subsequent phase of a project for which one or more variances were granted, which project was completed within two years prior to the floor area exception application, because: The proposed new construction is located at a different unit and at a different level of the structure from the previous project. I, the undersigned owner of the property herein described (or owner representative, as authorized by completion of a Statement of Ownership and Designation of Representative), hereby make application for approval of the exception as requested, and I hereby certify that the facts, statements and information presented herein and in the attached exhibit(s) are true and correct to the best of my knowledge an~ Signature:---"'--~= Name:.J o 1=-1 r-1.s w.a --1 Date: t ":J- J LJ Al 1~ Z o 1.:t-

49 ESCEA Outdoor Gas Florentine Bronze Fireplace 2.0 Product fi''.. - ',,. -. ~ ft,,. Bronze I Satin Black I Stainless Steel For use with liquid propane or natural gas Choose from available fuel bed options 56,000 BTUs heating power No venting required Easy to install Control system works from batteries Ignited by touch pad electronic control Option of three different heat settings Comes standard with stainless steel weather shield Can be washed easily with just a hose! Overall dimensions: 50.9W x 2.4D x 25.4H in. Viewable flame dimensions: 35.4W x 15.75H in I I I I I a I ~~~=-~ ;;ii;i;;j~p;;? ! Face ohhe Wall

50 . re-~ f Sl1,..J(.;: /"'\.l/.4l 4 ~L-AS"S R AIL- A\ '- () w 1 I~ '- ~ v I:.. l- I 0 13 I.. v s,=:_ 1::>,,... < c:> u 6 /4 0 v.-:

51 Deck and Cone. Walls Wood Fence Roof 285 Bayview Avenue

52 Roof Siding & Trim Fence & Gate 33 Windward Road