A. Project Description: Request for the review of a three-lot subdivision Tentative Map review and Lot Line Re-designation of the parcels on 178 Atherton Avenue (APN 070-070-110 / 280), zoned R1-A (Permits LLA23-00002, SUB23-00005, LLR23-00002) CEQA: The project has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 15 Section 15315: Minor Land Divisions.
Town of Atherton
Planning Department
80 Fair Oaks Lane
Atherton, California 94027
Phone: (650) 752-0544
[email protected]
DATE: October 25, 2023
TO: Planning Commission
FROM: Radha Hayagreev, Senior Planner
Brittany Bendix, Town Planner
SUBJECT: Request for a three lot Subdivision Tentative Map review and Lot Line Redesignation of the parcels on 178 Atherton Avenue (APN 070-070-110 / 280), zoned R1-A
Permits LLA23-00002, SUB23-00005, LLR23-00002
LOCATION: Address: 178 Atherton Avenue & 170 Atherton Avenue APN: 070-070-110 / 080
Zoning District: Residential District (R-1A)
General Plan Land Use Designation: Residential
CEQA: The project has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 15 Section 15315: Minor Land Divisions.
APPLICANT: Green Acre Gardens LLC; Louisa Ritter, Authorized Agent RECOMMENDATION:
For the reasons outlined in this staff report, Planning Staff recommends that the Planning Commission consider recommending approval of the Subdivision and Lot Line Redesignation request to the City Council.
Per Title 16 Subdivisions, Chapter 16.16.100 (C) of the Atherton Municipal Code requires that following public hearings, the Planning Commission and City Council shall make specific findings for the subdivision and lot line redesignation prior to approving the project. Staff provides detailed analysis and findings review in the Findings sections of this report.
Staff recommends that the Planning Commission only approve the Tentative Map and Lot Line Redesignation if all findings for the Subdivision and Lot Line Redesignation can be made.
BACKGROUND
The two subject sites, 170 Atherton Avenue and 178 Atherton Avenue are two adjacent parcels, centrally located in the block between Austin Avenue and Selby Lane along the northern side of October 25, 2023, Planning Commission Staff Report
178,170 Atherton Avenue – Lot Line Adjustment, Subdivision and Lot Line Redesignation
Atherton Avenue, approximately at the central part of the Town of Atherton. The surrounding land uses of both the parcels are designated as Low Density Residential, zoned R-1 with an average cross slope of 1.9 and 1.3 percent respectively.
The General Plan identifies Atherton Avenue as a collector street running approximately east west from El Camino Real to Alameda de las Pulgas and extending to Ridgeview Drive. All the parcels on either side of Atherton Avenue have a general plan land use designation of single-family, lowdensity designation which is intended to minimize environmental damage to sensitive, scenic, and open space areas. The General Plan also states that the future new residential development is limited owing to density of three people per acre, the only other residential development possibility within the town maybe smaller, sub-dividable areas and a few remaining vacant parcels. Any new subdivision is subject to the minimum development of a building density (units per net acre) of one, with a minimum lot area per dwelling of 43,560 square foot (sq. ft.) or one acre, a population density of three people and a floor area ratio (FAR) cap of 18 percent for a R1-A zoning district.
The parcel at 178 Atherton Avenue (APN 070-070-110) is an 87,112 sq. ft. (1.99 acres) lot with a street frontage of approximately 205.14 feet (ft.) and an average lot depth of 424.79 ft., located along Atherton Avenue in the R1-A zoning district. Refer to the red box in the context map below.
The parcel has a General Plan Land Use Designation (GPLU) of Residential.
The parcel at 170 Atherton (APN 070-070-280) is a 174,190 sq. ft. (3.99 acres) lot adjoining the 178 Atherton Avenue parcel described above. The lot depth is 425ft and the lot width facing Atherton Avenue is 409.97 ft., also located in the R1-A zoning district and indicated in the green box in the context map below. This parcel also had a GPLU of Residential.
Figure 1: Context Map
The applicant is requesting approval of two actions in the order analyzed below. The requests are consolidated into one Tentative Parcel Map, as approvable by City Council, pursuant to the provisions of AMC Title 16: Subdivisions and Title 17: Zoning. Each permit is detailed in the order of approval below, in addition to findings analysis for discussion and action.
Atherton Avenue
October 25, 2023, Planning Commission Staff Report
178,170 Atherton Avenue – Lot Line Adjustment, Subdivision and Lot Line Redesignation
ANALYSIS
ACTION 1 - SUBDIVISION TENTATIVE PARCEL MAP (SUB23-00005) For this project, the request for lot line adjustment and the subdivision of the parcel is combinedly reviewed under the Tentative Parcel Map. Typically, these would be separate actions.
Lot Line Adjustment (LLA23-0002)
The subject site at 178 Atherton Avenue which is outlined in red above (Figure 1) is 87,112 square feet and therefore, eight square feet less than the required 87,210 square feet for a traditional subdivision pursuant to the provisions of Title 16 of the Atherton Municipal Code for conforming R1-A lots.
The lot line adjustment (LLA) request is to transfer an eight square feet area of land from the adjacent lot at 170 Atherton Avenue to make 178 Atherton Avenue eligible for the traditional subdivision. This adjustment would relocate the shared property line approximately 0.02ft feet towards the northern direction) resulting in parcel on 178 Atherton Avenue containing 87,125 sq. ft. which is 2 acres (refer to Attachment 3) The lot line adjustment would result in parcel at 170 Atherton to contain 174,186 sq. ft. or approximately 3.99 acres. Refer to Table 1 below.
As described above, the lot line adjustment will shift the width of 178 Atherton Avenue in a northerly direction, from 204.16ft to 204.18ft. Given that the adjustment alters the width of the properties by 0.02 feet, this is a minor adjustment because it represents less than one percent change in the overall width of 178 Atherton Avenue and 170 Atherton Avenue.
Table-1 showing Lot Line Adjustment results.
178 Atherton Avenue 170 Atherton Avenue
Before LLA After LLA Before LLA After LLA
Size 87,112 sq. ft.
(1.99 acres)
87,125 sq. ft. (2
acres)
174,190 sq. ft.
(3.99 acres)
174,186 sq. ft.
(3.99 acres)
Lot Width 205.14 ft. 205.16ft 204.86 ft 204.84 ft
Lot Depth 424.79 ft 424.79 ft 424.79 ft 424.79 ft
Typically, Lot Line Adjustments are processed at the staff level to manage the reversal of acreage for mergers and adjustments. However, pursuant to the provisions of AMC 16.16.110, and cited below, this lot line adjustment project is reviewed as part of a new parcel map to enable a comprehensive review of the project.
AMC 16.16.110 “Subdivided lands may be merged and re-subdivided without first reverting to acreage, provided that all requirements of the Subdivision Map Act and this Title are complied with. Such application shall be filed and processed in the same manner as a subdivision. Recordation of the final or parcel map shall constitute legal merging of the separate parcels into one parcel and the re-subdivision of such parcel.” October 25, 2023, Planning Commission Staff Report
178,170 Atherton Avenue – Lot Line Adjustment, Subdivision and Lot Line Redesignation
Figure 3: Tentative Parcel Map snapshot
The tentative parcel map shown above (Figure 3 and Attachment 3) identifies proposed Lot 1 and Lot 2 which result from subdividing the 2 acre lot on 178 Atherton Avenue into two new lots, one flag lot in the rear and one front facing rectangular lot both an acre each. The resultant
3.99-acre lot, identified as Lot 3, is 170 Atherton Avenue. No other changes are proposed to Lot 3 as part of this project.
Pursuant to AMC Chapter 16.24.050, the minimum lot size requirement for lot created in the R1- A zoning district is determined by the topography of the land, with specific requirement for area, lot width and depth of each parcel. For parcels which have an average slope of 0 to 19.99 percent, the Minimum lot size requirement in an R1-A lot is 1 acre, the minimum width is 175 ft and depth is 200ft. 170 and 178 Atherton Avenue have an average cross slope of 1.9 percent and
1.3 percent respectively, as seen in the Tentative Parcel Map in Attachment-3.
Per AMC 17.60.020, lot width is measured at right angles to the depth, at the front line of the building area. Lot depth means the distance between the front lot line and rear lot line measured in the main directions of the side lines of the lot. The application of the methodology results in a lot depth deficiency for lot 1.
October 25, 2023, Planning Commission Staff Report
178,170 Atherton Avenue – Lot Line Adjustment, Subdivision and Lot Line Redesignation
Table 2: Minimum Lot Size Requirements in R1-A
Lot Requirements * Lot-1 Lot-2 Lot-3
Size 43,560 sq. ft. (1 acre) 43,560 sq. ft.
(1 acre)
43,560 sq. ft.
(1 acre)
174,190 sq. ft. (3.99
acres)
Lot Width 175 ft 205.6 ft. 185 ft. 205 ft.
Lot Depth 200 ft 189.36 ft. 235.44 ft. 425 ft.
Lot Conforms? No Yes Yes
AMC 17.60.020 – Definitions
“Lot width” means the width measured at right angles to its depth at the front line of the building area. “Lot depth” means the mean distance between the front lot line and the rear lot line measured in the main direction of the side lines of the lot.
As seen in Table 2 above, the proposed Lot-1, by providing a depth of approximately 189 feet where 200 feet is required, does not conform to the requirements of AMC Chapter 16.24.050.
However, if measured by applying the alternative methodology pursuant to the provisions of AMC
17.20, i.e. by the redesignation of front and rear lots, lot-1 can be redefined for its width and depth to make it a conforming parcel and meet minimum requirement of an R1-A lot.
To allow the alternative methodology for conforming lots, a Lot Line Redesignation action is required to be applied to the project.
ACTION 2 – LOT LINE REDESIGNATION
Pursuant to AMC 17.60.020 the definition of a “flag lot” means a lot having access to a street by means of a private driveway or parcel of land (known as the access area) not otherwise meeting the requirements of this title for lot frontage. Width of the access area shall be measured at right angles to the sideline of the access area, see Figure 4.
Lot line front “means that boundary of a lot’s narrowest portion abutting a public street or access area in the case of a flag lot, except where a different front has been previously officially designated or recognized by the town.” See Figure 5
Figure 4: Flag lot front and rear yard definition
October 25, 2023, Planning Commission Staff Report
178,170 Atherton Avenue – Lot Line Adjustment, Subdivision and Lot Line Redesignation
Figure 5: 178 Subdivision Lots 1 & 2
For the proposed Lot 1 (shown in Figure 5 as the flag lot in blue) access to Atherton Avenue is provided by a 16-foot-wide access driveway.
As required by Sections 17.60.020 and 16.24 of the AMC, the required frontage for Lot 1 is shown in Figure 5 as the red line. However, as previously identified in Table 2, the lot depth dimensions for Lot 1 do not conform to the minimum subdivision requirements. Therefore, the project proposal requests a lot line redesignation for the front and rear property lines, where the purple line shown Figure 5 would become the redesignated front lot line for Lot 1. As indicated in Table 3, this would provide Lot 1 with a lot width of 189.36 ft, which is greater than the required 175 ft, and a lot depth of 205.16 ft which is greater than 200 ft, making it a conforming lot.
Lot 2, shown in yellow in Figure 5 as a standard rectangular conforming lot. The lot size, width, and depth meet the minimum standard of an R1-A parcel of an acre lot, measures 185 ft lot width which is greater than the required 175 ft and proposed lot depth of 235.44 ft which is greater than the minimum lot depth of 200 ft.
Table 3: Proposed lots vs. Conforming lot requirements in R1-A after Lot Line Redesignation
Lot Size
Requirements
*
Lot-1 Lot-2 Lot-3
Size 43,560 sq. ft. (1
acre)
43,560 sq. ft. (1
acre)
43,560 sq. ft. (1
acre)
174,190 sq. ft.
(3.99 acres)
Lot Width 175 ft 189.36 ft. ** 185 ft. 205 ft.
Lot Depth 200 ft 205.16 ft. 235.44 ft. 425 ft.
Lot Conforms? Yes Yes Yes
** Pursuant to Lot Line Redesignation approval. Atherton Avenue October 25, 2023, Planning Commission Staff Report
178,170 Atherton Avenue – Lot Line Adjustment, Subdivision and Lot Line Redesignation
The subdivision project of two lots on 178 Atherton Avenue is feasible only if the lot line for proposed flag lot 1 is redesignated for front/rear lot lines.
FINDINGS ANALYSIS
The Planning Commission must make specific findings for the proposed two lot subdivision and lot line redesignation to approve the proposed Tentative Map project. A detailed analysis of the findings is below:
A. SUBDIVISION FINDINGS ANALYSIS
1. Whether the proposed subdivision is in conformity with the law and this chapter.
Staff review: Staff finds that the proposed subdivision would be in conformity with law and Title 16 and Title 17 of the Atherton Municipal Code, if the lot line redesignation is approved.
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.
Staff review: Staff 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.
Staff review: Staff 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.
Staff review: Staff 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.
October 25, 2023, Planning Commission Staff Report
178,170 Atherton Avenue – Lot Line Adjustment, Subdivision and Lot Line Redesignation
5. Whether the site is physically suitable for the type of development.
Staff review: Staff 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.
Staff review: Staff 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.
Staff review: Staff 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.
Staff review: Staff 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.
Staff review: Staff 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.
Staff review: Staff 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 October 25, 2023, Planning Commission Staff Report
178,170 Atherton Avenue – Lot Line Adjustment, Subdivision and Lot Line Redesignation
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.
As noted in the subdivision findings above, a lot line redesignation is required to approve the new Lot-1 and Lot-2 subdivision in the proposed project. Below is an analysis of the front/rear lot line redesignation findings that are required to be made by the Planning Commission prior to the approval of the project.
B. FRONT/REAR LOT LINE REDESIGNATION FINDINGS ANALYSIS
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.
Staff review: Staff 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.
Staff review: Staff 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.
NOTICE
Notice of this application was mailed to all property owners within 500 ft. of the subject property and was published in the Almanac newspaper in the October 23, 2023, issue. At the time of the publication of this report, the Town has not received any public comment or inquiries on the application.
California Environmental Quality Act (CEQA)
October 25, 2023, Planning Commission Staff Report
178,170 Atherton Avenue – Lot Line Adjustment, Subdivision and Lot Line Redesignation
The project has been determined to be exempt from the provisions of CEQA under Section 15315 Minor Land Divisions
For Section 15315, CEQA states:
15315. MINOR LAND DIVISIONS
Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.
Reasons why project is exempt:
The property is in an urbanized area zoned for residential use. The division of property will result in a net increase of one new residential parcel which conforms to the provisions of the General Plan and Zoning ordinance. The lot division does not require variances or exceptions. It does require a Lot Line Redesignation which is approvable by the Planning Commission through the provisions of the zoning code. All services and access to the proposed parcels are to the local standards and providers have confirmed services via will-serve letters. The parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope of greater than 20 percent.
Staff finds that this project does not have the potential of causing a significant effect on the environment.
CONCLUSION
Staff requests that the Planning Commission consider all the subdivision and front/rear lot line redesignation findings and determine if the information provided by the applicant is sufficient to recommend approval of the project to the City Council.
As discussed in this report, approval of a Subdivision requires that the Lot Line Redesignation findings can be made and approved to obtain conforming lots.
Based on the explanation of findings section above, all ten subdivision findings and the two lot line redesignation findings can be made, and the project can be approved.
Staff supports a Planning Commission recommendation of approval to the City Council for Tentative Map for the subdivision project.
ALTERNATIVES:
The Planning Commission can recommend authorization, authorization with modifications, or denial of the proposed project.
SUGGESTED MOTION FOR APPROVAL:
I move that the Planning Commission recommend that the City Council approve thethe Tentative Parcel Map, and the Lot Line Redesignation at 170 & 178 Atherton Avenue, based on the findings outlined by the Planning Commission, subject to the conditions listed in the draft Certificate; and October 25, 2023, Planning Commission Staff Report
178,170 Atherton Avenue – Lot Line Adjustment, Subdivision and Lot Line Redesignation
I move that the Planning Commission finds the project to be Categorically Exempt pursuant to CEQA Section 15315 Minor Land Division and approve the attached Notice of Exemption for filing.
/s/ Radha Hayagreev
Radha Hayagreev, Senior Planner
Attachments:
1. Draft Approval Certificate
2. Notice of Exemption
3. Tentative Parcel Map dated 10.18.2023
4. Legal Description and plat map, dated August 23, 2023
5. Planning Commission application form
6. Project Description from applicant, dated August 14, 2023
7. Utility Will-serve letters
170-178 Atherton Avenue
October 25, 2023
TOWN OF ATHERTON
PLANNING COMMISSION
DRAFT CERTIFICATE OF APPROVAL
THIS IS TO CERTIFY THAT the Atherton Planning Commission at a regular meeting thereof, held on October 25, 2023 recommends that the City Council conditionally approves Tentative Parcel Map for subdivision and Lot Line Redesignation application to Louisa Ritter, authorized agent of Green Acre Gardens LLC applicant, on behalf of property owners Green Acre Gardens LLC, pursuant to Atherton Municipal Code Title 16 and Title 17 for the proposed project of a lot line adjustment between 170 and 178 Atherton Avenue to create a two acre parcel, and a Tentative Map for a subdivision of 178 Atherton Avenue into two, 1-acre lots and a Lot Line redesignation for front/rear lot line for newly created flag Lot 1, at 178 Atherton Avenue in the Town of Atherton (Assessor’s Parcel Number 070-070-280 / 110) based on the Conditions of Approval listed below.
The project is recommended to be approved subject to the following conditions:
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, 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.
Town of Atherton
Planning Department
80 Fair Oaks Lane
Atherton, California 94027
Phone: (650) 752-0544
170-178 Atherton Avenue
October 25, 2023
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.
170-178 Atherton Avenue
October 25, 2023
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.
Radha Hayagreev
Consulting Senior Planner
Effective Date: _________________
Atherton, CA
Notice of Exemption
To: County Clerk From: Town of Atherton
County of San Mateo 80 Fair Oaks Lane
555 County Center Atherton, CA 94070
Redwood City, CA 94063-1665 (650) 752-0544
To be filed at OPR via https://ceqasubmit.opr.ca.gov
Project Title: Lot Line Adjustment, Two-lot Subdivision Tentative Map review and Lot Line Redesignation of the parcels on 178, 170 Atherton Avenue (APN 070-070-110 / 280), zoned R1-A Project Applicant: Town of Atherton
Project Location – Specific: 178, 170 Atherton Avenue
Project Location – City: Town of Atherton Project Location – County: San Mateo Description of Nature, Purpose, and Beneficiaries of Project: The Project consists of a lot line adjustment between 170 and 178 Atherton Avenue and a two-lot subdivision map review and a lot line redesignation on 178 Atherton Avenue. The lots will have conforming lot sizes, lot widths and lot depths.
Name of Public Agency Approving Project: Town of Atherton Name of Person or Agency Carrying Out Project: Town of Atherton Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: Class 15, Section 15315 Minor Land Divisions Statutory Exemptions. State code number:
Reasons why project is exempt:
The property is located in an urbanized area zoned for residential use. The division of property will result in net increase of one new residential parcel which conforms to the provisions of the General Plan and Zoning ordinance.
The lot division does not require variances or exceptions. It does require a Lot Line Redesignation which is approvable by the Planning Commission through the provisions of the zoning code. All services and access to the proposed parcels are to the local standards and providers have confirmed services via will-serve letters. The parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope of greater than 20 percent.
Lead Agency
Contact Person: Radha Hayagreev Area Code/Telephone/Extension: (408) 796-4370
Signature: Date: _______Title: Consulting Senior Planner Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
CUBIC YARDS WITHIN BUILDING
FOOTPRINT
OUTSIDE
BUILDING
FOOTPRINT
TOTAL CUBIC
YARDS
CUT 275
FILL 0
EXPORT / IMPORT 275
Updated 7/28/22
TOWN OF ATHERTON
PLANNING COMMISSION APPLICATION
TYPE OF APPLICATION FEE*
Appeal $872.32
Special Structures Permit $3,025.12
Heritage Tree Removal Permit $2,325.82
Tree Protection Zone Exception $2,325.82
Variance $3,025.12
Conditional Use Permit $3,025.12
General Plan Amendment $5,817.15
Initial Review/Negative Declaration $2,325.82
Lot Line Redesignation $3,025.12
School Master Plan $872.32
Tentative Parcel Map $3,025.12
Final Parcel Map $3,025.12
Zoning Ordinance Amendment $5,817.15
Environmental Impact Report Actual cost
*All Fees Include 3.6% Technology Surcharge
SITE ADDRESS: ____________________________ APN: __________________________ Provide a brief description of the proposed project:_________________________________________ _________________________________________________________________________________ PROPERTY OWNER:
Name:
Mailing Address:
Phone:
Email:
Signature:
APPLICANT:
Name:
Mailing Address:
Phone:
Email:
Signature:
FOR COMPLETION BY TOWN OF ATHERTON:
Amount Paid:_______________ Received by:___________________________Date Submitted:______________________ Project #: __________________
170 & 178 Atherton Ave 070-070-280, 070-070-110 #1 Lot Line Adjustment between 170 Atherton & 178 Atherton to create 2 acre parcel #2 Tentative Map for Subdivision of 178 Atherton into (2) conforming 1 acre lots. #3 Lot Line Designation to show Front Lot Line parallel with flag pole for rear lot. Green Acre Gardens LLC; Louisa Ritter, Authorized Agent 1300 Evans Ave #880154, San Francisco CA 94188 415-987-3113 [email protected] Digitally signed by Louisa Ritter Date: 2023.08.14 14:13:50 -07'00' Green Acre Gardens LLC; Louisa Ritter, Authorized Agent 1300 Evans Ave #880154, San Francisco CA 94188 415-987-3113 [email protected] Digitally signed by Louisa Ritter Date: 2023.08.14 14:14:18 -07'00' ✔
Updated 7/28/22
APPLICATION PROCEDURE:
Submit the following information. All application materials are to be submitted digitally through the Planning Department’s ePlan Submittal Page.
1. This form filled out completely and signed by the property owner.
2. A separate, complete written description of the request addressed to the Planning Commission.
Please include as much detail as possible.
3. Payment of the required fees and deposit.
4. Digital plans to a measurable scale, clearly drawn which include the following; A. Existing and proposed uses including all buildings, structures, parking areas, driveways and heritage trees, and any other accessory structures.
B. Site plan, floor plans and elevations.
C. Lot data (lot size, allowed floor area and setbacks) – existing and proposed.
D. Building and sidewall heights measured from Average Natural Grade.
5. Conceptual Landscape plan (if required).
6. Arborist Report (if required).
7. Additional information as deemed necessary by staff to complete an application.
HEARING DATE
Once staff deems the application complete, the request will be placed for public hearing on the agenda of the next available Planning Commission meeting. The Planning Commission meets on the fourth Wednesday of each month at 6:00 pm in the Town Hall. The Planning Commission may continue any hearing from time to time.
EFFECTIVE DATE
A Planning Commission decision will be effective 10 calendar days following the date of decision, during which time an appeal may be filed. The permit will be considered void if not used within one year.
Once staff deems the application complete, the public hearing date will be determined. Staff will mail notice of the public hearing to all property owners within 500 feet of the subject site, ten (10) calendar days before the hearing.
It is strongly recommended that applicants contact neighboring property owners to discuss the proposed project prior to the Town’s mailing of notices.
August 14th, 2023
Attn: Atherton Planning Department
Subject: Project Narrative
178 & 170 Atherton Ave
Atherton, CA
Project Narrative / Description: Lot Line Adjustment and Two-Lot Subdivision Our application requests three action items to provide for a legal conforming two-lot subdivision at 178 Atherton Avenue.
1. Lot Line Adjustment (LLA23-00002) between 178 Atherton Avenue (1.99 acres) and 170 Atherton Avenue (3.99 acres)
a. The Lot Line Adjustment will provide the additional area required for 178 Atherton to become a 2.00 acre parcel
2. Two-Lot Subdivision /Tentative Map (SUB23-00005)at 178 Atherton Avenue a. The LLA adjustment proposed now allows 178 Atherton to be subdivided into a two-lot subdivision both with the minimum required 43,560 sf (1.0 acres) b. The proposed subdivision creates a front and rear lot through a ‘flag lot’ layout
3. Lot Line Redesignation (LLR23-00005) – to designate the Front Lot Line parallel with the ‘access area’
a. Based on the lot line designation provided by the Planning Department – we are requesting an alternate designation that would allow the ‘front lot line’ to be designated as the narrowest portion of the lot – and not the portion of the lot that abuts the access area
b. The redesignation is consistent with other lot line designations throughout the Town of Atherton with similar lot boundaries and proportions Lea & Braze Engineering, Inc.
TOWN OF ATHERTON TPM CHECKLIST
Item: Applicable? Shown?
A. Tract name, date, north point, scale and sufficient description to define the location and boundaries of the proposed tract;
Yes Yes
B. Key map showing adjacent proptery, subdivision, roads or streets in subdivisions;
Yes Yes
C. Boundary of the subdivision; Yes Yes
D. Name and address of record owner or owners, name and address of the subdivider, and name and business address of the person who prepared the tentative map;
Yes Yes
E. Acreage of the proposed tract to the nearest tenth of an acre; Yes Yes F. Approximate area of each of the lots proposed to be created; Yes Yes G. Number of lots, average lot size, and size of smallest lot in tract; Yes Yes H. Contours at two-foot intervals up to five percent slope; five-foot intervals up to ten percent slope; and, ten-foot intervals over ten percent slope; the high and low points and all drainage features; and such additional topographic information required by the city engineer;
Yes Yes
I. The locations, names, existing widths, approximate grade, type and width of pavement of all existing streets, highways and ways in the proposed subdivision, or abutting or contiguous to the proposed subdivision; Yes Yes
J. The locations, names, widths, approximate grade, type and width of pavement of all streets, highways and ways proposed to be constructed, widened, improved or dedicated within, abutting or contiguous to the proposed subdivision;
Yes Yes
K. Typical cross-sections of all streets and alleys to be constructed, widened, improved or dedicated;
No n/a
L. Approximate radii of each curve; Yes Yes
M. Locations, widths and purposes of all existing and proposed easements within the proposed subdivision;
Yes Yes
N. Locations, size and character of all existing pipelines and related structures, and all other public utilities, showing the ground elevation and flow line elevations at the connection to existing pipelines; Yes Yes
O. Lot layout and approximate dimensions of each lot. Each lot shall be numbered;
Yes Yes
Per Town of Atherton Municipal Code Section 16.16.040: Information to be shown on Tentative Map.
A tentative map shall be clearly and legibly drawn, shall present all information accurately to the satisfaction of the city engineer, and shall contain the following information:
Item: Applicable? Shown?
P. Location of the foundation line and all exterior walls and protrusions of all buildings and structures, including pools, athletic courts, decks and other similar structures, existing on the property;
No n/a
Q. Approximate boundaries of areas subject to inundation of storm water overflow and the location, width and direction of flow of all watercourses; No n/a
R. All water wells; No n/a
S. Proposed public areas, if any; No n/a
T. Location of wooded areas, tree masses, individual trees over eighteen inches in diameter, five feet above the ground, type of tree, and other significant landscape features;
Yes Yes
U. A general grading diagram showing proposed contours, areas and estimated quantities of excavations and embankments, and statement of estimated amount of material to be imported or exported from subdivision site;
Yes t
V. Method proposed for erosion control, including prevention of sedimentation, or damage both on-site and off-site;
No n/a
W. Proposed front and rear yard designations. (Ord. 441 § 1 (part), 1988) Yes Yes
8/4/2023 We have confirmed your
project is within PG&E’s
service territory. Please
read for more information.
170 and 178 Atherton Ave
Atherton, CA 94027
Dear Louisa Ritter,
We have confirmed your project at the address referenced above is located within PG&E’s service territory.
In addition, PG&E has confirmed [electric/gas] facilities are available at your service address.
PG&E’s ability to serve
This letter does not confirm PG&E has sufficient capacity to serve the requested load.
If you need confirmation that PG&E has sufficient capacity to serve the requested load, please submit an application and we will assist you through the planning and design process. You can get started by submitting an application at yourprojects-pge.com.
What you need to know
When completing your application please remember to provide the following:
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Site Plan
Loads
Payment(s)
Required easement documents (as applicable)
Other information or documentation, as requested
California Public Utilities Commission and PG&E have specific requirements. To learn more, visit pge.com/tariffs and pge.com/greenbook.
We can provide written confirmation of the planning and design analysis upon request.
For more information
To learn more about the life cycle of a typical project, including PG&E and customer responsibilities, you can view a Customer Journey Map in the Your Projects portal.
If you have questions or would like any additional information, please call me at 650-730-3696 or email at [email protected].
Sincerely,
Scott Lee | Senior New Business Representative
Service Planning Peninsula
Email: [email protected] | Phone: 650-730-3696
Internal
WEST BAY SANITARY DISTRICT
500 Laurel Street, Menlo Park, CA 94025
Telephone: (650) 321-0384 Fax (650) 321-4265
WILL SERVE LETTER
APN : 070-070-270
070-070-280
August 8, 2023
RE: 00000170 ATHERTON
PROPERTY OWNER :
APN : 070-070-270/280
To Whom it May Concern:
This letter will serve as notice that the above-referenced address is within the West Bay Sanitary District’s jurisdiction, and is entitled to receive all available services from the District, pursuant to compliance with the District’s Code of General Regulations.
Should you have any questions please feel free to call the administration office at the District at (650) 321-0384. The property owners or their contractor may also feel free to contact our administration office with any questions.
Very truly yours,
WEST BAY SANITARY DISTRICT
WEST BAY SANITARY DISTRICT
500 Laurel Street, Menlo Park, CA 94025
Telephone: (650) 321-0384 Fax (650) 321-4265
WILL SERVE LETTER
APN : 070-070-110
August 8, 2023
RE: 00000178 ATHERTON
PROPERTY OWNER :
APN : 070-070-110
To Whom it May Concern:
This letter will serve as notice that the above-referenced address is within the West Bay Sanitary District’s jurisdiction, and is entitled to receive all available services from the District, pursuant to compliance with the District’s Code of General Regulations.
Should you have any questions please feel free to call the administration office at the District at (650) 321-0384. The property owners or their contractor may also feel free to contact our administration office with any questions.
Very truly yours,
WEST BAY SANITARY DISTRICT