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HomeMy WebLinkAbout12 Vista Lane - Staff ReportBURL AGENDA ITEM NO: 6h STAFF REPORT MEETING DATE: February 16, 201D TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: DATE: February 9, 2010 APPROVED BY: FROM: William Meeker, Community Development Director — (650) 558-7„255 SUBJECT: APPLICATION FOR TENTATIVE AND FINAL PARCEL MAP FOR A LOT SPLIT OF PARCEL A, BLOCK 4, BURLINGAME HILLS NO. 2, 12 VISTA LANE — PM 09-04, NEGATIVE DECLARATION AND VARIANCE FOR LOT FRONTAGE FOR CREATION OF TWO LOTS WITH 55-FOOT WIDE STREET FRONTAGE WHERE 60 FEET OF STREET FRONTAGE IS REQUIRED, ON PROPERTY AT 12 VISTA LANE, LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE. RECOMMENDATION: The City Council should conduct a public hearing to consider the requests for Tentative and Final Parcel Map for a lot split, Negative Declaration and Variance for lot frontage for creation of two lots with 55-foot wide street frontage where 60 feet of street frontage is required at 12 Vista Lane, and consider public testimony and the analysis contained within the staff report. Action regarding the item should include specific findings supporting the Council's decision, and should be affirmed by adoption of resolution of the City Council. The reasons for any action should be stated clearly for the record. The City Council may consider the following alternatives: approve the application for Tentative and Final Parcel Map approval, Negative Declaration and a Variance from lot frontage requirements, subject to conditions; or 2. deny the application for Tentative and Final Parcel Map approval, Negative Declaration and a Variance from lot frontage requirements. BACKGROUND: Project Description: The subject lot was part of a larger lot which extended from Vista Lane to Adeline Drive and had 110 feet of street frontage on each street. The property was under the jurisdiction of San Mateo County until i979, when it was annexed to the City of Burlingame. in August 2005, the original lot was subdivided into two lots: one lot having frontage on Adeline Drive (110 feet street frontage) and the other lot on Vista Lane (110 feet street frontage). This subdivision was approved by City Council on August 1, 2005. Recently, an application for construction of a new single family dwelling was approved on the Adeline Drive lot. The applicant is now proposing to subdivide the upper portion of the lot (with frontage on Vista Lane) into two lots (refer to the staff report for the tentative and final parcel map prepared by Public Works, Engineering Division). The existing IOt measures 21,212 SF in area and is si irrnunded on thrS8 sides by prnperties located within unincorporated San Mateo County. Based on an average of the property corners, the existing lot slopes downward approximately 34.92 feet from front to rear (18% slope). At the front of the property, the lot has a cross -slope of approximately 8 feet. There are no improvements on the lot other than an existing water tank. When future development is proposed, the top of the water tank will be demolished and the portion of the tank below grade will be filled with soil. CITY COUNCIL MEETING — February 16, 2010 Public Hearing — 12 Vista Lane The Vesting Tentative & Final Parcel Map, date stamped August 10, 2009, shows how the existing lot would be subdivided into two lots. Parcel 1 would have 55 feet of street frontage and would measure 10,537 SF in area. Parcel 2 would also have 55 feet of street frontage and would measure 10,675 SF in area. There is a minor difference in lot sizes because the property line along Vista Lane is slightly curved. Code Section 25.28.050 (h) requires that all lands annexed after May 31, 1960, and classified for residential uses shall have a minimum lot size of 10,000 SF (10,537 SF and 10,675 SF proposed for Parcels 1 and 2, respectively). In addition, Code Section 25.28.050 (a) (3) requires that lots of 10,000 SF or more shall have an average width of not less than 50 feet (55 feet proposed for each lot) and shall have frontage of not less than 60 feet (55 feet proposed for each lot). Since each lot is proposed to have less than 60 feet of street frontage, a Variance from the lot frontage requirement is requested. Code Section 25.28.050 (e) notes that Variances may be granted, in accordance with the provisions of Chapter 25.54 (variance findings). The following application is required: • Negative Declaration, a determination that there are no significant environmental effects as a result of this project; and • Variance for lot frontage for creation of two lots at 12 Vista Lane, Parcels 1 and 2 (55 feet lot frontage proposed for Parcel 1 and Parcel 2 where 60 feet lot frontage is the minimum required) (CS 25.28.050, (a) (3). An application for Tentative and Final Parcel Map for a lot split is being reviewed concurrently with this application. The Vesting Tentative & Final Parcel Map shows possible footprints on each proposed new lot. As shown, the footprints would be in compliance with setbacks, lot coverage and driveway slope. Planning staff would note that the possible footprints shown are for the purpose of evaluating whether or not the proposed new lots can be developed. Granting approval of the requested Negative Declaration and Variance does not imply approval of development upon the footprints shown on the parcel map. Any future development on these lots will require submittal of an application for Design Review, subject to approval by the Planning Commission. Staff would note that there is an existing protected tree in the middle of Parcel 1. The possible footprint shows that the house would be designed around the protected tree. An arborist's report would be required at the time future development on this lot is proposed. New 4-inch sewer laterals and 6-inch storm drain lines would be brought in from the lot to the rear of the site by way of private sanitary sewer and storm drain easements across the rear of Parcel 2 and an existing easement on the property to the rear. Environmental Review Status: Since the project consists of the subdivision of property which requires a Variance for lot frontage, the project is subject to the requirements of the California Environmental Quality Act. Planning Division staff prepared an initial study for this project for review by the Planning Commission and City Council. It has been determined that the proposed project can be covered by a Negative Declaration since the initial study did not identify any adverse impacts from the proposed lot split (please refer to the attached Negative Declaration No. 553-P). The Negative Declaration was circulated for 20 days for public review. The 20-day review period ended on January 11, 2010. There were no comments were submitted during the review period. The purpose of the present review is to hold a public hearing and evaluate that this conclusion, based on the Initial Study, facts in the Negative Declaration, public comments and testimony received at the hearing, and City Council observation and experience, are consistent with the finding of no significant environmental impact. K CITY COUNCIL MEETING — February 16, 2010 Public Hearing —12 Vista Lane Prior Planning Commission Action: Planning Commission Recommendation: The project was reviewed by the Planning Commission on September 28, 2009 as a Study Item and on October 13, 2009 as a Regular Action Item. At its meeting of October 13, 2009, the Planning Commission recommended approval to the City Council of the property owner's request for a Tentative and Final Parcel Map for a lot split and Variance for lot frontage for creation of two lots with 55-foot wide street frontage where 60 fees of street frontage is required at 12 Vista Lane, Zoned R-1 (see attached October 13, 2009 Planning Commission minutes). The Commission recommended approval of the applications on a vote of 4-3 (Commissioners Brownrigg, Cauchi and Terrones dissenting). On October 26, 2009, the Planning Commission adopted a resolution memorializing its October 13, 2009 actions regarding the property owner's requests for a Variance from lot frontage requirements and Tentative and Final Parcel Map approval for property located at 12 Vista Lane. During Planning Commission's review of the application, staff noted that the project was Categorically Exempt from the California Quality Act (CEQA) per Section: 15315. Minor Land Divisions, Class 3 — Class 15 which 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. Prior to being reviewed by the City Council, a neighbor's attorney argued that the lot split was not categorically exempt from CEQA since it required a Variance for lot frontage. As a result, Planning staff prepared an initial study for this project for review by the Planning Commission. On January 25, 2010, the Planning Commission recommended approval to the City Council of the property owner's request for a Tentative and Final Parcel Map for a lot split, Negative Declaration and Variance for lot frontage for creation of two lots with 55-foot wide street frontage where 60 fees of street frontage is required at 12 Vista Lane, Zoned R-1 (see attached January 25, 2010 Planning Commission minutes). The Commission recommended approval of the applications on a vote of 3-2-1 (Commissioners Cauchi and Terrones dissenting and Commissioner Vistica recusing), with the following findings: Variance Findings: A. 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 this 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. B. 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 3 CITY COUNCIL MEETING — February 16, 2010 Public Hearing — 12 Vista Lane 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. C. 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. D. 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: E. 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. F. 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. G. 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. H. 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. The property is not subject to creek lot requirements set forth in Burlingame Municipal Code Section 26.08.075. 4 CITY COUNCIL MEETING — February 16, 2010 Public Hearing — 12 Vista Lane J. 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. The following conditions of approval were recommended: 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. Additionally, the following conditions of approval, associated with the Tentative and Final Parcel Map, are recommended by the Public Works Department — Engineering Division: 3. that no developmental approvals are part of this mapping action; 4. that the maintenance responsibilities for the proposed private storm drain and sanitary sewer easements as well as associated pipelines shall be noted in the final map; 5. that all property corners shall be set in the field and be shown on the map; 6. that a final parcel map for the subdivision must be filed by the applicant within two years as allowed by the Subdivision Map Act and the City's Subdivision Ordinance; and 7. that the final map shall show the widths of the right-of-way for Vista Lane and Adeline Drive, including the centerline of right-of-way, bearing and distance of centerline and any existing monuments in the roadway. Pursuant to Burlingame Municipal Code §26.24.060, the Planning Commission's authority with respect to a Final Parcel Map is to examine it and recommend an action to the City Council. Given that, in this instance, the design of the Parcel Map is entirely dependent upon consideration of a Negative Declaration and a Variance from minimum lot frontage standards, it has been determined that the applicant's requests should be moved forward to the City Council for final action; therefore, the Commission's action on the Parcel Map, Negative Declaration and the Variance is a recommendation to the City Council. Attachments: Memorandum from Public Works Department — Engineering Division, dated February 9, 2010 Negative Declaration ND-533-P January 25, 2010 Planning Commission Meeting Minutes January 25, 2010 Planning Commission Staff Report October 26, 2009 Planning Commission Meeting Minutes October 26, 2009 Planning Commission Staff Report October 13, 2009 Planning Commission Meeting Minutes October 13, 2009 Planning Commission Staff Report City Council Resolution (proposed) Notice of Public Hearing — Mailed February 5, 2010 Aerial Photo 5