Item No. 8
Town of Atherton
CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: RADHA HAYAGREEV, SENIOR PLANNER
DATE: DECEMBER 20, 2023
SUBJECT: PUBLIC HEARING TO CONSIDER AND APPROVE A TENTATIVE MAP
TO ALLOW A THREE LOT SUBDIVISION ON A SIX ACRE PARCEL ON 170-178 ATHERTON AVENUE (APNS 070-070-110 / 280), ZONED R1-A CEQA: 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
RECOMMENDATION:
The Planning Commission recommends that the City Council conditionally approve the three-lot subdivision tentative map project on 170-178 Atherton Avenue. Should the City Council concur, staff further recommends that the City Council certify and adopt the Notice of Exemption for the project.
BACKGROUND:
Atherton Municipal Code section 16.16.090 states that after the filing of the tentative map, the Planning Commission shall hold a public hearing and recommend approval, conditional approval, or disapproval of said map to the City Council. On October 25, 2023, the Planning Commission held a public hearing and unanimously voted to recommend that the City Council conditionally approve the three-lot subdivision tentative map project on 170-178 Atherton Avenue.
The two subject sites, 170 Atherton Avenue and 178 Atherton Avenue (APNs: 070-070-110/280) are two adjacent parcels, centrally located in the block between Austin Avenue and Selby Lane along the northern side of Atherton Avenue, approximately at the central part of the Town of Atherton. The land uses of both the parcels are designated as Low Density Residential, zoned R-1. The average cross slope of the lots are 1.9 percent for 170 Atherton Avenue and 1.3 percent for 178 Atherton Avenue.
December 20, 2023 - City Council Staff Report
178 and 170 Atherton Avenue – Subdivision Tentative Map
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 has a GPLU of Residential.
Figure 1: Context Map
When combined, the two subject properties of 170 and 178 Atherton Avenue total approximately six acres. The applicant is proposing to subdivide the combined area into three lots - two one-acre lots and one approximately four-acre lot. Per AMC 16.24.050 the lot size requirement for a standard R1-A lot with an average cross slope of less than twenty percent is one acre, with a minimum width of 175 ft. and minimum depth of 200 ft.
All three proposed lots will meet the required minimum lot area, width, and depth by way of the subdivision and a lot line redesignation approval. This will result in conforming lots for all three proposed parcels as indicated in Table 1.
Table 1: R1-A Lot Requirements and Proposed Lot Conditions R1-A
Requirements
Proposed
Lot-1
Proposed
Lot-2
Proposed
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 Planning Commission approval of the Lot Line Redesignation Atherton Avenue
December 20, 2023 - City Council Staff Report
178 and 170 Atherton Avenue – Subdivision Tentative Map
The configuration of the newly proposed lots is shown in Figure 2. At the October 25, 2023 Planning Commission meeting, the Commission approved a lot line redesignation for Lot 1, shown in blue, per AMC Chapter 17.20. This allows the property to treat the property line between Lot 1 and Lot 3 as the frontage for Lot 1, for the purpose of future development. As part of lot line redesignation approval, the Planning Commission also recommended that the Council approve the overall subdivision per AMC Chapter 16.16.
Figure 2: Tentative Parcel Map snapshot
FINDINGS | ANALYSIS
At the October 25, 2023 Planning Commission meeting, the Commission recommended unanimous approval of the Tentative Map and Lot Line Redesignation. (voted 5-0) The result of the Planning Commission recommendation is documented in the Tentative Map Certificate which was acknowledged by the applicant (Attachment 2) As a condition of the Planning Commission’s recommendation, the applicant was required to produce a will-serve letter from the Menlo Park Fire Protection District for the proposed subdivision. Staff received an approval letter from Menlo Park Fire Protection District on November 8, 2023, indicating that the proposed three lot subdivision was conditionally approved by the Fire Protection District (Attachment – 5)
December 20, 2023 - City Council Staff Report
178 and 170 Atherton Avenue – Subdivision Tentative Map
To approve this subdivision Tentative Parcel Map pursuant to AMCE 16.16, the City Council must make required findings, which the Planning Commission has unanimously recommended for approval. Kindly refer to the following findings recommended by the Planning Commission (PC) as presented by staff below (Also see Resolution, attached).
1. Whether the proposed subdivision is in conformity with the law and this chapter.
PC recommendation: The Commission finds that the proposed subdivision would be in conformity with law and Title 16 and Title 17 of the Atherton Municipal Code. Pursuant to the provisions of AMC Chapter 17.20, the Planning Commission has approved the lot line redesignation.
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.
PC recommendation: The Commission 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.
PC recommendation: The Commission finds that the proposed lot configuration, with Lot 1 as a flag lot having an access road of sufficient 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. The access road has received approval from the Menlo Park Fire District.
4. Whether the proposed map and the design or improvement of the proposed subdivision are consistent with applicable general and specific plans.
PC recommendation: The Commission 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.
PC recommendation: The Commission 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.
December 20, 2023 - City Council Staff Report
178 and 170 Atherton Avenue – Subdivision Tentative Map
The site is largely flat, with a 1.9 percent average cross slope, and 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.
PC recommendation: The Commission 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.
PC recommendation: The Commission 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.
PC recommendation: The Commission 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 lot 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.
PC recommendation: The Commission 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.
PC recommendation: The Commission 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 December 20, 2023 - City Council Staff Report
178 and 170 Atherton Avenue – Subdivision Tentative Map
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.
CONCLUSION:
Staff requests that the City Council consider the three-lot subdivision Tentative Map findings and approve the map based on the findings for the Tentative Map recommended by the Planning Commission, and subject to the conditions of approval listed in the Tentative Map Certificate NOTICE:
Notice of this application was mailed to all property owners within 500 ft. of the subject property.
Notice was also published in the Almanac November 17 publication. At the time of publishing this report, staff received an enquiry from one resident who requested more information and was provided with the Planning Commission published packet for their review.
CEQA:
The three-lot subdivision Tentative Map approval would be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Class 15, Section 15315: Minor land division.
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.
ALTERNATIVES:
Alternatively, the City Council can approve the project with modifications to the project and/or conditions. The City Council could also deny the proposed project if deems that it is unable to make the findings recommended by the Planning Commission and presented by staff to approve this Tentative Parcel Map.
SUGGESTED MOTION FOR APPROVAL:
I move that the City Council determine that the proposed project is exempt from CEQA and approve the filing of the Notice of Exemption; and Approve the Tentative Map for a three-lot subdivision at 178 and 170 Atherton Avenue, based on the findings for the Tentative Map as recommended Planning Commission and presented by staff, and subject to the conditions of approval listed in the Tentative Map Certificate
SUGGESTED MOTION FOR DENIAL:
December 20, 2023 - City Council Staff Report
178 and 170 Atherton Avenue – Subdivision Tentative Map
I move that the City Council deny the Tentative Map and Conditional Exception for the three-lot subdivision at 170 and 178 Atherton Avenue as there was insufficient information to make all findings and arrive at a decision.
/s/ Radha Hayagreev
Radha Hayagreev, Consulting Senior Planner
Attachments:
1. Draft Resolution for Approval
2. CEQA Notice of Exemption
3. Three lot subdivision Tentative Parcel Map dated October 18, 2023
4. Planning Commission Certificate
5. Menlo Park Fire District approval letter
6. October 25, 2023 Planning Commission Staff Report and Attachments