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Home My WebLink About12 Vista Lane - ResolutionRECORD NG REQUESTED BY: Planning Department City of Burlingame WHEN RECORDED MAIL TO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 2010-033581 10:04am 03i29110 R1 Fee: NO FEE Count of pages 9 Recorded in Official Records County of San kAateo Warren Slocum II Assessor -County {Clerk -Recorder �j� * 2 C 1 0 0 0 3 3 5 8 1 A R Resolution No. 11-2010 12 VISTA LANE — 027-093-300 TITLE OF DOCUMENT I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is on file in my office. Date: March 24, 2010 A;9�am Meeker, Community Development Director A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAME, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF 1) NEGATIVE DECLARATION, 2) A VARIANCE FROM SECTION 25.28.050(A)(3) OF THE ZONING ORDINANCE REQUIRING SIXTY FOOT LOT FRONTAGE IN THE R-1 DISTRICT, AND 3) A TENTATIVE AND FINAL PARCEL MAP FOR SUBDIVISION OF A PARCEL INTO TWO LOTS, ON PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE LOCATED AT 12 VISTA LANE (PARCEL A, BLOCK 4, BURLINGAME HILLS NO. 2 SUBDIVISION — APN: 027 093 300) WHEREAS, on August 10, 2009, Denham LLC, owner of the property located at 12 Vista Lane, City of Burlingame, County of San Mateo, California; submitted applications for approval of a Variance from section 25.28.050(a)(3) of the zoning ordinance, requiring a minimum lot frontage of sixty (60) feet and a Tentative and Final Parcel Map for said property, in order to divide the property, containing a land area of 21, 212 square feet, into two lots; one lot containing 10,537 square feet and the other lot containing 10,675 square feet, each lot having a frontage of 55-feet on Vista Lane; and WHEREAS, the Planning Commission of the City of Burlingame reviewed the requests as a "study item" at its regularly scheduled meeting of September 28, 2009; and at that time requested clarifications to the application (as outlined in the approved minutes of the September 28, 2009 Planning Commission), prior to scheduling the matter for a public hearing and action; and WHEREAS, on October 13, 2009, the Planning Commission conducted a duly noticed public hearing to consider the property owner's requests for a Variance, and Tentative and Final Parcel Map approval; and at that time considered the analysis included in the staff report prepared for the matter, all oral and written testimony provided during the course of the public hearing and all documents and other evidence submitted regarding the matter; and WHEREAS, on October 13, 2009, based upon the analysis included in the staff report, and all oral and written testimony submitted during the public hearing on the matter, the Planning Commission moved to recommend to the City Council, approval of the requests on a vote of 4-3 (Commissioners Brownrigg, Cauchi and Terrones dissenting); and WHEREAS, on October 26, 2009, the Planning Commission adopted a resolution memorializing its recommendation to approve the requests on a vote of 4-3 (Commissioners Brownrigg, Cauchi and Terrones dissenting); and WHEREAS, on January 25, 2010, the Planning Commission conducted a duly noticed public hearing to consider the property owner's requests for a Negative Declaration, Variance, and Tentative the Final Parcel Map approval; and at that time considered the analysis included in the initial study, staff report prepared for the matter, all oral and written testimony provided during the course of the public hearing, and all documents and other evidence submitted regarding the matter; and Page 1 of 4 Planning Commission Resolution - Applications for a Negative Declaration, Variance for Lot Frontage, and for a Tentative and Final Parcel Map for property located at 12 Vista Lane — January 25, 2010 WHEREAS, based upon the analysis included in the initial study, staff report, and all oral and written testimony submitted during the public hearing on the matter, the Planning hereby makes the following findings regarding the request for a Negative Declaration, Variance from minimum lot frontage requirements, and for Tentative and Final Parcel Map approval: California Environmental Quality Act (CEQA) Finding: A. Pursuant to Negative Declaration (ND-553-P), on the basis of the Initial Study and comments received in writing or at the public hearing, and the following supporting information there is no substantial evidence that the project will have a significant (negative) effect on the environment: that the creation of two lots will not subdivide an established community and displace any existing housing units or residents; that the project will not generate significant adverse effects on the water or air quality, increase noise levels substantially; that the project will not have any significant adverse impacts on the flora or fauna of the area or on traffic, land use, or public services and infrastructure; and the project will not significantly degrade the aesthetic quality of the area. Variance Findings: B. There are exceptional circumstances or extraordinary circumstances, or conditions applicable to the property involved that do not apply generally to property in the same district. The subject property is an isolated "finger" of property under the jurisdiction of the City of Burlingame that projects into a neighborhood consisting of properties lying within an unincorporated area of the County of San Mateo. The surrounding properties are subject to development standards applicable only to properties lying within the unincorporated County area that are not applicable to the subject property. The Parcel Map results in lots that are similar in size, shape and orientation to other existing developed properties lying with the surrounding County jurisdiction. The City's zoning ordinance requires a minimum lot frontage of 60-feet for lots exceeding 10,000 square feet; the lots created by the Parcel Map exceed the 10,000 square foot threshold, and are consistent with existing development patterns in the vicinity. Additionally, the topography of the property, with a down slope from Vista Lane rearward, dictates a lot orientation as shown on the Parcel Map in order to ensure buildable home sites. C. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship. The total area of the property included in the Parcel Map is 21,212 square feet, and far exceeds the 10,000 square foot minimum lot area required for the area. The Parcel Map results in the creation of two lots of similar size, shape and configuration to surrounding properties within an unincorporated area of the County of San Mateo, and subject to County regulation. Approval of the Parcel Map will provide the property owner with similar development rights and privileges enjoyed by other properties in the vicinity. Page 2 of 4 Planning Commission Resolution - Applications for a Negative Declaration, Variance for Lot Frontage, and for a Tentative and Final Parcel Map for property located at 12 Vista Lane — January 25, 2010 D. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience. Approval of the Parcel Map will result in lots of similar size, shape and configuration to other lots within the vicinity that are in the surrounding area, most of which are under the jurisdiction of the County of San Mateo. The additional lot will not create significant additional traffic on Vista Lane and the property owner has indicated his intention to provide a wider paved area along the property to provide an improved path of travel in front of his properties. Additionally, the City of Burlingame's Design Review process will provide the opportunity to further evaluate vehicular ingress and egress on the resultant lots to further minimize any potential impacts upon traffic circulation in the neighborhood. Finally, the creation of two lots will result in two structures of less mass and bulk and less impact on neighboring properties. E. The use of the property will be compatible with the aesthetics, mass, bulk and character of existing and potential uses of properties within the general vicinity. Approval of the Parcel Map results in two (2) lots that are similar in size, shape and configuration to other developed lots within the vicinity, most of which are under the jurisdiction of the County of San Mateo and subject to less rigorous development standards. Development of the two (2) lots will result in a lesser structural mass upon the subject property since each lot will be developed independently with two free-standing structures subject to development standards applicable to each of the two (2) lots. Additionally, development of the lots will require Design Review approval by the City of Burlingame, prior to site development; this process will ensure that any potential impacts upon adjacent development can be minimized to the extent feasible. Parcel Map Findings: F. The Parcel Map was reviewed and recommended for approval by the City Engineer, based upon a memorandum prepared by the Public Works Department, dated September 10, 2009. G. The Parcel Map results in a lot configuration of each lot that is consistent with the existing pattern of lots within the surrounding neighborhood in which the property is situated. H. Approval of the Parcel Map will not create impediments to public safety access within the neighborhood in which the property is situated; the Parcel Map will result in the creation of one additional home site within an established residential neighborhood. Approval of development upon the lots created through approval of the Parcel Map must be reviewed separately through the City of Burlingame's Design Review process; an evaluation of development impacts, including site preparation, grading, drainage, utilities, and architectural compatibility will occur as part of that discretionary process. Page 3 of 4 Planning Commission Resolution - Applications for a Negative Declaration, Variance for Lot Frontage, and for a Tentative and Final Parcel Map for property located at 12 Vista Lane — January 25, 2010 J. The property is not subject to creek lot requirements set forth in Burlingame Municipal Code Section 26.08.075. K. The lots created by the Parcel Map are consistent with the policies of the Burlingame General Plan and implementing zoning regulations, which set forth policies and standards for the single-family development that will be permitted to occur upon the two lots. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Burlingame that it recommends to the City Council, approval of: 1) a Negative Declaration, 2) a Variance from Section 25.28.050(a)(3) of the Zoning Ordinance requiring sixty (60) foot lot frontage in the R-1 District, and 3) a Tentative and Final Parcel Map for subdivision of a parcel into two lots, on property situated within a Single -Family Residential (R-1) zone located at 12 Vista Lane (Parcel A, Block 4, Burlingame Hills No. 2 Subdivision — APN: 027 093 300), subject to the following conditions: that the Vesting Tentative and Final Parcel Map shall be recorded at the San Mateo County Recorder's Office, and a copy of the recorded document shall be submitted to the Department of Public Works; and 2. that the conditions of the city Engineer's September 10, 2009 memo and the City Arborist's September 3, 2009 memo shall be met. IT IS FURTHER RESOLVED that a certified copy of this resolution shall be recorded in the official records of the County of San Mateo. Adopted this 251h day of January, 2010 by the following vote: 12 VISTA LANE - RESO 11-2010 AYES: Auran, Lindstrom, Yie NOES: Cauchi, Terrones ABSENT: NONE ABSTAIN: Vistica For the Burlingame Planning Commission: Richard Terrone , Chair Sandra Yie, Secretary Page 4 of 4