DRAFT RESOLUTION NO. 23-xx
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON
APPROVING THE PROPOSED TENTATIVE MAP TO ALLOW A THREE LOT SUBDIVISION ON A SIX ACRE PARCEL ON 170 and 178 ATHERTON AVENUE (APN 070-070-110 / 280), ZONED R1-A; and
APPROVE A NOTICE OF EXEMPTION FOR A THREE-LOT SUBDIVISION TENTATIVE MAP REVIEW AT 170-178 ATHERTON AVENUE, ATHERTON, CA
AND FIND THEM EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15315: MINOR LAND DIVISIONS.
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WHEREAS, the City Council finds that the proposal has been determined to be exempt from the provisions of California Environmental Quality Act (CEQA) under Section 15315:
Minor Land Subdivision; and
WHEREAS, the City Council recommends approval of the proposed Tentative Map proposed on 170 and 178 Atherton Ave based on the Subdivision findings below;
1. Whether the proposed subdivision is in conformity with the law and this chapter.
The City Council finds that the proposed subdivision would be in conformity with law and Title 16 and Title 17 of the Atherton Municipal Code.
2. Whether the size and shape of the proposed lots are in general conformance to town requirements and the general pattern of the neighborhood and will not cause traffic, health or safety hazards.
The City Council finds that the size of the proposed lots is in conformance with the minimum requirement of one acre parcels in the R1-A zone. The shape of the proposed Lot 1 conforms to the requirements of a flag lot and the shape of Lot 2 conforms to that of a rectangular lot. The block between Austin Avenue and Selby Avenue has fifteen parcels which have Atherton Avenue as their frontage, three of them or 13.3 percent of them are flag lots with the access area along Atherton Avenue. The proposed lots which include a flag lot, and a rectangular lot will be like the three others that already exist on this block and will be in conformance to the general pattern of the neighborhood. This subdivision is in a low-density single family residential designation lot and will not cause traffic, health, or safety hazards.
3. Whether the proposed lots will have proper and sufficient access to a public street.
The City Council finds that the proposed lot configuration, with Lot 1 as a flag lot having an access road of 16 ft width and leading to Atherton Avenue and Lot 2 having its entire frontage along Atherton Avenue, has proper and sufficient access to Atherton Avenue, a public street.
4. Whether the proposed map and the design or improvement of the proposed subdivision are consistent with applicable general and specific plans.
The City Council finds that the new lot sizes are consistent with the General Plan. The new lots will require a lot-line redesignation to be consistent with the zoning code. The proposed project is consistent with the following General Plan goals and policies.
Housing Goal 3.710: Facilitate the private development of housing to meet a portion of the above moderate income housing need identified for Atherton.
Housing Policy 3.712 A: Within the limitations of the private housing market the Town shall work with private developers to encourage new housing development.
5. Whether the site is physically suitable for the type of development.
The City Council finds that the site is physically suitable and large enough to be subdivided into two lots after the lot line adjustment between 170 and 178 Atherton Avenue. The site has a 1.9 percent average cross slope which is under the threshold of 20 percent for a minimum of an acre.
The Tentative Map is a comprehensive review of the lot adjustment, subdivision that make it suitable for a development in the underlying R1-A zone designated to the subject site. The areas of each newly created lot meet the minimum acre requirement to meet R1-A zoning density and that of the subdivision requirements with the approval of the lot line redesignation. The lot widths, the lot depth would meet all requirements for feasible development area in the site.
6. Whether the site is physically suitable for the proposed density of development.
The City Council finds that the new lots would be an acre in size and the main residence development area would allow for a normal residence in this location and will be conditioned to follow all required development standards of the R1-A zoning district.
7. Whether the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The City Council finds that the subject site at 178 Atherton Avenue and 170 Atherton Avenue is not located adjacent to a creek and would have no impact on fish, wildlife, or their habitat.
8. Whether the design of the subdivision or the type of improvements is not likely to cause serious public health problems.
The City Council finds that the proposed subdivision will not cause serious public health problems because the design follows all the required parameters of the subdivision. The lot widths are shown to be at 189ft and 185ft where the required minimum width is 175ft by applying the lot line redesignation tool permitted by the Zoning code and approvable by the Planning Commission. The lot depth also conforms to the design of 200ft minimum requirement by providing 205.16ft and 235ft.
9. Whether the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision, or that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to those previously acquired by the public.
This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.
The City Council finds that there are no conflicts with easements that exist currently on the lot not any proposed easements as noted in the tentative map subdivider’s statement. There would be no access or use restrictions on the proposed parcels.
10. Whether discharge of waste from the proposed subdivision will not result in violation of existing water quality requirements prescribed by the regional water quality control board.
The City Council finds that 178 Atherton Avenue has an average slope of 1.3 percent and drainage can be handled on site. The subdivider has designed bioretention basins, bioswale treatments and designed concrete gutter to treat the outfall and handle stormwater requirement prescribed by the regional water quality control board. The project would be conditioned to meet all regional water quality requirements at the time of development.
WHEREAS, the City Council recommends approval of the proposed Tentative Map based on the Planning Commission’s approval of the front/rear lot line redesignation findings below,
B1. The proposed redesignation will not be detrimental or injurious to persons, property, or improvements in the vicinity and will not be detrimental to the public health, peace, safety, comfort, or general welfare, or movement of vehicles, people, and goods in and around the subject property.
The Council approve that the Commission finds that the proposed redesignation of the front/rear lot line is a zoning realignment for the future development and to ensure conformance of proposed subdivision and zoning provisions. As such, this will not cause injury to a person, property, or improvements in the vicinity. The redesignation does not impact any part of the development setback requirement for a standard R1-A lot and the development building envelope will not be closer to any of the property lines causing any privacy concerns. The requirement of the standard screening and all other development standards for an Atherton R1-A lot applies to the redesignated lot too. The redesignated lot will contain the main building in the center of the lot. The redesignation is going to improve the development feasibility and conformity of a newly formed parcel in the Town and will not be detrimental to the public health, safety and comfort, general welfare or movement of vehicles, people, and goods in and around the subject property.
B2. The proposed redesignation will be in accord with the general plan and the purposes of that plan and this title.
The Council approve that the Commission finds finds that the new lot sizes are consistent with the General Plan. As noted above the following General Plan goals and policy apply.
Housing Goal 3.710: Facilitate the private development of housing to meet a portion of the above moderate income housing need identified for Atherton.
Housing Policy 3.712 A: Within the limitations of the private housing market the Town shall work with private developers to encourage new housing development.
WHEREAS, the City Council recommends approval based on the Conditions of Approval listed in the Tentative Map Certificate; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Atherton does hereby approve the proposal for a three lot Tentative Map subdivision on a six-acre parcel on 170-178 Atherton avenue (APN 070-070-110 / 280), zoned R1-A, subject to the conditions of approval in Exhibit A.
PASSED AND ADOPTED at a meeting of the City Council of the Town of Atherton held on the 10th day of December, 2023 by the following vote:
AYES: Council members:
NOES: Council members:
ABSENT: Council members:
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Bill Widmer, MAYOR
Town of Atherton
ATTEST:
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Anthony Suber, City Clerk
APPROVED AS TO FORM:
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Mona Ebrahimi, City Attorney
EXHIBIT A
TENTATIVE MAP CONDITIONS OF APPROVAL
170 and 178 Atherton Avenue (APN 070-070-110 / 280)
Conditions of Approval
1. Tentative Parcel Map shall be in substantial compliance with those prepared by Zenab Ali of Lea and Braze Engineering, Inc. and as reviewed by the Planning Commission at its October 25, 2023, and the City Council at its December 20th, 2023, meeting. Any substantive changes to the Map shall be reviewed by the Planning Commission.
2. The Tentative Parcel Map is limited to the location of the lot line proposal as shown on the plans stated in COA#1
3. Final Map shall be in accordance with the Municipal Code and the Subdivision Map Act of the State of California.
4. Vehicular access gates shall be set back a minimum of 25 feet from the improved roadway – in final condition.
5. Transformers and other utility structures to be located on each respective property and not constructed within the right-of-way.
6. All existing trees within the project area shall be preserved, except where specifically approved for removal pursuant to the Town’s Heritage Tree protection Ordinance. All construction shall comply with standard Tree Protection Zone requirements, without variance.
7. Best Management practices shall be used for erosion and sediment control during construction to prevent tracking or discharge of materials into the right-of-way.
8. Install new survey monuments – replace iron spikes (and install any missing monumentation) along Atherton Avenue in the vicinity of the subdivision with permanent monuments set in concrete and protected by traffic rated boxes.
9. All development shall comply with town’s grading and drainage requirements including stormwater detention and treatment. Development of the subdivision lots shall comply with the requirements for “full site residential development project” outlined in the Town’s Grading and Drainage checklist.
10. The subdivision is considered a Regulated Project under the SF Bay Regional Water Quality Control Board Municipal Regional Stormwater permit. As such, all runoff associated with impervious areas created or replaced shall be treated on-site prior to discharge into the public right-of-way. Run-off along the frontage area and associated with frontage improvements shall also be treated. The property owner shall enter into a stormwater maintenance agreement with the Town to guarantee maintenance of stormwater treatment measures, which shall be recorded prior to issuance of the certificate of occupancy.
11. There shall be no parking of construction equipment or construction worker's vehicles on residential streets at any time; all vehicles shall be maintained on-site.
12. All structures and fences to be removed from the right-of-way and located on private property.
13. All existing utility services crossing parcel lines shall be relocated or removed prior to submittal of the Final Parcel Map.
14. All utilities and services shall be constructed underground prior to issuance of certificate of occupancy.
15. Atherton Avenue has been designated as a Class II bikeway in the Town of Atherton Bicycle and Pedestrian Master Plan. Widening and improvement of Atherton Avenue to accommodate the proposed bicycle lanes (with buffer) and an accessible pathway for pedestrians shall be required prior to recordation of the subdivision map.
16. At least fourteen days prior to the submittal of the City Council’s hearing of the Tentative Parcel Map, the applicant will submit a formal approval from Menlo Park Fire Protection District on proposed subdivision.
17. The full roadway width of Atherton Avenue shall be resurfaced across the frontage of each lot prior to issuance of certificate of occupancy.
18. A separate formal application for any future site improvements shall be submitted to the Planning Department. This and all other present and future improvements to the property shall comply with R1-A zoning provisions and other applicable ordinances.
19. The applicant, its contractors, employees, assigns and agents shall comply with all applicable state laws and the Town’s Municipal Code.
20. If no action has been taken in one year, this approval will become null and void.
21. Applicant shall defend, indemnify, and hold harmless the Town of Atherton and its agents, officers and employees from any claim, action or proceeding against the Town, or its agents, officers, and employees to attach, set aside, void, or annul, an approval of the Planning Commission, or City Council concerning this project.