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AGENDA ITEM NO:
MEETING DATE:
6b (i)
November 1, 2010
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TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: ' �.�'�d"'
DATE: October 26, 2010 APPROVED BY:
FROM: William Meeker, Community Development Director —(650) 558-7255
SUB.IECT: REQUESTS FOR ADOPTION OF A NEGATIVE DECLARATION AND APPROVAL OF
VARIANCES FOR LOT SIZE AND LOT FRONTAGE FOR A LOT SPLIT OF ONE LOT
INTO TWO LOTS, PARCEL A AND PARCEL B, ON PROPERTY AT 1301 — 1311
BURLINGAME AVENUE, LOCATED WITHIN C-1, SUBAREA A, BURLINGAME
AVENUE COMMERCIAL AREA.
RECOMMENDATION:
The City Council should conduct a public hearing to consider the requests for adoption of a Negative
Declaration and approval of Variances for lot size and lot frontage for a lot split of one lot into iwo lots,
Parcel A and Parcel B at 1301-1311 Burlingame Avenue, 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:
Adopt a Negative Declaration and approve Variances from lot size and frontage requirements,
subject to conditions by adopting the following resolution by title only, waiving further reading:
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A
NEGATIVE DECLARATION AND VARIANCES FOR LOT SIZE AND LOT FRONTAGE FOR A
LOT SPLIT OF ONE LOT INTO TWO LOTS, PARCEL A AND PARCEL B, ON PROPERTY AT
1301 — 1311 BURLINGAME AVENUE, LOCATED WITHIN C-1, SUBAREA A, BURLINGAME
AVENUE COMMERCIAL AREA"; or
2. deny the application for Negative Declaration and Variances from lot size and lot frontage
requirements.
Note: As a separate companion item, the City Council will also be asked to consider approval of a
Tentative and Final Parcel Map memorializing the lot split of a portion of Lot 8, Block 5, Town of
Burlingame No. 1 Subdivision, as discussed in a separate staff report prepared by the Public
Works Department.
BACKGROUND:
Project Description: The subject lot currently contains two commercial buildings. The building at 1301
Burlingame Avenue, referred to as Parcel A in the Tentative Parcel Map, is occupied by Apple (retail
store). The building at 1309-1311 Burlingame Avenue, referred to as Parcel B, is occupied by Teacake
Bake Shop at 1309 Burlingame Avenue (food establishment) and Gymboree at 1311 Burlingame Avenue
(retail store). The uses in these buildings are in conformance with the zoning district. The existing
building on Parcel A is completely independent of the building on Parcel B.
CITY COUNCIL MEETING — November 1, 2010
Public Hearing: 1301-1311 Burlingame Avenue
The property owner recently listed Parcel B(1309 and 1311 Burlingame Avenue) for sale and was under
the assumption that this Parcel was separate from Parcel A since it had a separate assessor's parcel
number (see attached parcel map). However, a title report revealed that the two parcels had never been
formally subdivided. The applicant is now proposing to split the subject lot into two lots, referred to as
Parcel A and Parcel B in the Tentative Parcel Map.
The Tentative Parcel Map, date stamped August 17, 2010, shows how the existing 100.06 foot wide lot
would be subdivided into two lots. Parcel A would have 48.81 feet of street frontage on Burlingame
Avenue and 92 feet of street frontage on Park Road, and would measure 4,516 square feet in area (lot
has irregular front and rear property line dimensions). Parcel B would have 51.25 feet of street frontage
on Burlingame Avenue and would measure 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 (Minimum lot size and street frontage.) requires that each
lot in this district shall have an area of at least 5,000 square feet and a street frontage of at least 50 feet.
Since each lot is proposed to have an area less than 5,000 square feet (4,516 square feet and 4,710
square feet proposed), a request for Variance for lot size is required. In his letter dated August 17, 2010,
the applicant notes that "although Parcel B is slightly less than the minimum lot size, it has more than
adequate frontage to support two storefronts. The two stores present a typical fa�ade to the public." In
addition, since Parcel A has a frontage of less than 50 feet (48.81 feet proposed), a request for Variance
for lot frontage is required. Variances may be granted, in accordance with the provisions of Chapter
25.54 (variance findings). The following application is required:
Variance for lot size for Parcel A and Parcel B(4,516 square feet proposed for Parcel A and
4,710 square feet proposed for Parcel B, where 5,000 square feet lot size is the minimum
required) (Code Section 25.36.075); and
Variance for lot frontage for Parcel A(48.81 feet frontage on Burlingame Avenue proposed,
where 50 feet lot frontage is the minimum required) (Code Section 25.36.075).
The Tentative Parcel Map shows the footprints of the existing buildings on each proposed Parcel. With
this application, there are no improvements or changes to the uses proposed in the existing commercial
buildings. Since the existing building on Parcel A is completely independent of the building on Parcel B,
there are no issues with buildings extending across property lines.
Environmental Review Status: Since the project consists of the subdivision of property which requires
a Variance for lot size and lot frontage, the project is subject to the requirements of the California
Environmental Quality Act. Planning 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. 557-P). The Negative
Declaration was circulated for 20 days for public review. The 20-day review period ended on October 21,
2010. There were no comments 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.
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CITY COUNCIL MEETING — November 1, 2010
Public Hearing: 1301-1311 Burlingame Avenue
Prior Planning Commission Action:
Planninq Commission Recommendation:
The project was reviewed by the Planning Commission on October 25, 2010 as a Regular Action Item.
At its meeting of October 25, 2010, the Planning Commission recommended approval to the City Council
of the property owner's request for a Negative Declaration, Variances for lot size and lot frontage and
Tentative and Final Parcel Map for a lot split of one lot into two lots, Parcel A and Parcel B, at 1301-1311
Burlingame Avenue, Zoned C-1, Subarea A, Burlingame Avenue Commercial Area). The Commission
recommended approval of the applications on a vote of 5-0-2 (Commissioners Yie and Vistica absent).
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.
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 Variances from minimum lot size and 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 Variances is a recommendation to
the City Council.
Attachments:
Negative Declaration ND-557-P
October 25, 2010 Planning Commission Staff Report
City Council Resolution (proposed)
Notice of Public Hearing — Mailed October 22, 2010
Aerial Photo
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��ilt' �F �ll�LfP�I��.�� ���. �`.� CC[YIP�(UNITYDEVELOPf��fEf�TDEPARTMENT
�u�z��N�?aME Planniny Division
City Hall — 501 Primrose Road F:�
Eurlingame, Califcrnia 94010-3��? •�k;:f;��� ., '-ri'�'✓ PH: (650) 558-7250
�'�� . FAX: (650) 696-3790
NOTICE OF iNTENT TO �ODOPT A NEGATfVE DECLAFZATIOhd
To: Interested Individuals From: City of Burlinqame
County Clerk of San Mateo Community Development Department
Planninq Division
501 Primrose Road
Burlinqame CA 94010
Subjeci: Notice of Intent to Adopt a Negative Declaration (ND-557-P)
Project Title: 1301-1311 Burlingame Avenue, Lot Split of Parcel into Parcel A and Parcel B
Project Locafion: 1301-1311 Burlingame Avenue, Burlingame, CA 94010
Project Description: The project includes a lot split and Variances for lot size and lot frontage to spiit
one lot into two lots, referred fo as Parcel A and Parcel B in the Tenfative Parcel Map.
The existing 100.06 foot wide lot would be subdivided into two lots. Parcel A would have 48.81 feet of
street frontage on Burlingame Avenue and 92 feet of street frontage on Park Road, and would measure
4,516 square feet in area (lot has irregular front and rear property line dimensions). Parcel B would
have 51.25 feet of street frontage on Burlingame Avenue and would measure 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 (Minimum lot size and street frontage.) requires that
each lot in this district shall have an area of at least 5,000 square feet and a street frontage of at least
50 feet. Since each lot is proposed to have an area less than 5,000 square feet (4,516 square feet and
4,710 square feet proposed), a request for Variance for lot size is required. In addition, since Parcel A
has a frontage of less than 50 feet (48.8� feet proposed), a request for Variance for lot frontage is
required. Variances may be granted, in accordance with the provisions of Chapter 25.54 (variance
findings).
In accordance with Section 15072(a) of the California Environmentai Quality Act (CEQA) Guidelines, notice is
hereby given of the City's infent to adopt a Negative Declaration for the project listed above. A negative
declaration is prepared for a project when the initial study has identified no potentially significant effect on the
environment, and there is no substantial evidence in the light of the whole record before fhe public agency fhat
the project may have a significant effect on the environment. The City of Burlingame has completed a review of
the proposed project, and on the basis of an Initial Study, finds that the project will not have a significant effect
upon the. envirorment. The Cify has prepared a Negative -Declaration and Initial Sfudy that are available for
pubiic review at-City Hall, 5G1 Primrose Road, Burlingame, California, 94010.
As mandated- by State Law, the minimum comment-period for this. document is 20 (twenty) days and begins on
October 1, 2010. Comments may be submitte�-during the review period and up to the tentatively scheduled
public hearing on �ctober 25, 2010. Fersons havi�g comments concerning this project, including objections to
the basis of determination set forth in the Initial Study/Negative Declaration, are invited to furnish iheir comments
summarizing the specific and factual basis for their comments, in writing to: City of Burlingame Community
Developmen.t Department — Planning Division. Pursuant to Public Resources Code Section 21177, any legal
challenge to the adoption of the proposed initial Study/Negative Declaration will be limited to those issues
presented to the City during ihe public comment period described above.
���BLIC �E ;Plt��: The Plar:ni^g Cemmissicn hearing to revievtir the proposed Tentaiive Farcel Map for lof split
aiiu �vailaiiCcS ivf �Gi JILC BCl�i �Oi �rartage 8i 13G1-1311 Burlingame Aver�ue, a�iu iil2 {�iZ�ailV� Gec{araiion ctfl�i
�nitial Study for this project has been tentafively scheouled for October 25, 2010 ai 7:00 p.m. in the Council
Chambers of City Hall, 501 Primrose Road, Burlingame, California.
sted: October 1. 2010
ff�ITI�L �TUDY SUMfVIARY - EN1�'Il�ONf��tEE�i�AL G��CECl.iST
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Projecf Title:
Lead Agency Name and Adciress:
1301-1311 Burlingame Avenue, Lot Split of Parcel info
Parcel A and Parcel B
City of Burlingame, Community Development
Department - Planning Division
501 Primrose Road, Burlingame, CA 94010
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Confact Person and Phone Number:
Project Locaiion:
F'r�jec� Spansor's Name and Address
General Plan Designaiion:
Zoning: C-1, Subarea A
William Meeker, Community Development Director
(650) 558-7250
1301-1311 Burlingame Avenue
Burlingame, California 94010
Avtar Johal
1300 Burlingame Avenue
Burlingame, CA 94010
Commercial Uses: Shopping and Service
APN: 029-202-060 & 029-202-070
8. Description of the Projecf: The proposal is for a lot split of one lot (APN: 029-202-060 & 029-202-070)
into two lots, Parcel A and Parcel B. A title report revealed that the parcel had never been formally
subdivided. The appiicant is now proposing to split the subject lot into two lots, referred to as Parcel A
and Parcel B in the Tentative Parcel Map.
The Tentafive Parcei Map, date stamped August 17, 2010, shows how the existing 100.06 foot wide lot
would be subdivided into two lofs. Parcel A would have 48.81 feet of street frontage on Burlingame
Avenue and 92 feet oi street frontage on Park Road, and would measure 4,516 square feet in area (lot
has irregular front and rear property line dimensions). Parcel B would have 51.25 feet of street frontage
on Burlingame Avenue and wouid measure 4,710 square feet in area.
Burlingame Municipa( Code Section 25.36.075 (Minimum lot size and street irontage.) requires that each
lot in this district shall have an area of at least 5,000 square feet and a street frontage of at least 50 feet.
Since each lot is proposed to have an area less than 5,000 square feet (4,516 square feet and 4,710
square feet proposed), a request for Variance for lot size is required. In his letter dated Au�ust 17, 2010,
the applicant notes that "although Parcel B is slightly less than the minimum lot size, it has more than
adequate frontage to support two storefronts. The two stores present a typical fa�ade to the public." In
addition, since Parcel A has a frontage of less than 50 feet (48.81 feet proposed), a requestforVariance
for lot frontage is required.
This project is subject to CEQA because variances for lot size and lot frontage are requirea as part of the
Ic� spiit.
9. S�rrour�eiing �anci Uses and ���fing: The existing lot is located in the Burlingame Avenue Commercial
i�rea, i�iii�in LfIC GILY OI 3urfiiigame and r��eas�ires 9;22o square ieef in �rea. T�e iof is s�!rro�!ndea bv
ere and �,�re-s�e y cemmerci�l �uildings ard a public parkirg lot. The subject !ot currenfly ccntc�IllS t1iJG
cor�nerciai buil�inas. The �uilding ai 1301 Burfingame :�venue, r�ferred to as Parcel ^� in the Tentative
Parcel Map, is occupied by Apple (retail store). The building at 1309-1311 Burlingame Avenue, referrec!
to as Parcel B, is occupied by Teacake Bake Shop (food establishment) and Gymboree (retail store).
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10. Other public agenci�s whose a�proval is required: There are no permits required from other pubiic
agencies. A building permit will be required from the Burlingame Community Development Department,
Building Division for any future improvements within the buildings on the lots.
EFJVIRONf�iE�iTAL FACTORS �'OTE!�T[/�LL�f AFFECiER�:
The environmental factors checkeci below would be potentially affected by this project, involving at least one
impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use and Planning Biological Resources Aesthetics
Population and Housing Mineral Resources Cultural Resources
Geology and Soils Hazards & Hazardous Recreation
Materials
Hydrology & Water Noise Agricultural Resources
Quality
Air Quality Public Services Mandatory Findings of 5ignificance
Transportation/Traffic Utilities and Service
Systems
DETERMINATION: (To be complefed by the Lead Agency).
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE x
DECLARATION will be prepared.
I find thaf although the proposed project could have a significant effect on the environment, there will not be
a significant effect in this case because revisions in the project have been made by or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
I find that the proposed project MAY have a" potentially significant impact" or " potentially significant unless
mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and (2) has been addressed by mitigafion measures based
on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on fhe environment, because all
potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION, and (2) have been avoided or mifigated pursuant to that earlier EIR or NEGATfVE
DECLARATION, including revisions or mitigation measures that are imposed upon ihe proposed project,
nothing furtrrer is required.
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Wiliiam Nreeke�, Community Deveiopment Director Date `
fssues and Supporting fnfortnatiQn Sources sour�es Poteniiafly Poten4ialiy � Less Than �o
Significant Significant 5ignificant Impact
Issues Unless lmpaci
Mitigation
, Incorporated
1. LA�1D USE AND PLANNfNG. Wouid the project:
a) Physically divide an established community? 1,2 X
b) Conflict with any applicable land use plan, policy, or 1,2 X
regulation of an agency with jurisdiction over the
project (including, but not limited to the general pian,
specific plan, local coastal program or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmentai effect?
c) Conflict with any applicable habitat conservation plan 2 X
or natural community conservation plan?
2. POPULATION AND HOUSING. Would the project:
a) induce substantial population growth in an area, 1,3 X
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, 3 X
necessitating the construction of replacement
housing elsewhere?
c) Displace substantial numbers of peopfe, 3 X
necessitating the construction of replacement
housing elsewhere?
3. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substanfial 5,6,7 X
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as delineated 5,6,7 X
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substanfial evidence of a
known fault? Refer to Division of Mines and Geology
Special Publication 42.
ii) Strong seismic ground shaking? 5,6,7 X
iii) Seismic-related grcund failure, including 5,6,7 x
liquefaction?
iv) Landslides? 6 X
b) Result in substantial soil erosion or loss of topsoil? 5 X
c) Be losated on a geologic unit or soil that is unstable, 5,6 7 X
er that ��euld become unstable as a result of the
project, and potentially result in on- or off-site
landsiide, lateral spreading, subsidence, liquefaction
or collapse?
d) Be located on expansive soil, as defined in Table 18- 5,6 X
1-B of the Uniform Building Code (1994), creating
substanfial risks to life or property? I
e} Nave soils incapable of adequately supporiing tne 5 � �
use of septic tanks or alternative wastewater disposal
sysiems where sewers are not available for the
disposal �f wastev��ater?
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Issues and Supporting infarmaiion Sourc�s Sources Potentially Poientially � Less Than No
Significant Significant Signifiicant tmpac4
Issues Unless lmpact
fVEitigation
Incorporated
4. FiYdROLOGY AND VV�TER QUALiTY. Would the project:
a) Violate any wafer quality standards or waste 1,14 X
discharge requirements?
b) Substantially deplefe groundwater supplies or 1 X
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
(e.g., the production rate of pre-existing nearby wells
would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage pattern of the 1,14 X
site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation on- or off-
site?
d) Substantially aiter the existing drainage pattern of the 1,14 X
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner
which would result in flooding on- or off-site?
e) Create or confribute runoff water which would exceed 1,14 X
the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff?
f) Otherwise substantially degrade water quality? 1,4,14 X
g) Place housing within a 100-year flood hazard area as 8 X
mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
h) Piace within a 100-year flood hazard area structures 8 X
which would impede or redirect flood flows?
i) Expose people or structures fo a significant risk oT 1,8 X
Iloss, injury cr death involving flooding, including
floodir�g as a result of the failurz of a levee or dam?
j) Inurdation by seiche, tsunami, or mudflow? 1,6 X
5. AIR QUALITY. Where available, the significance criteria established by the applicable �ir quality management or
air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obsfruct implementafion of fhe 1,9 X
applicable air quality plan?
b) Violate any air quality standard or contribute to an 1,9 X
existing or projected air quality violafion?
c) Result in a cumulatively considerabie net increase of 1,9 X
� 8i1'�f Ci IiEi 18 pollutai�t ior which the project regiar� I� I
non-attainment under an applicable federal or state
ambieni air quality standard (including releasing � j
emissions which exceed quantitative thresholds ior I
ozone precursors)? �
d) Expose sensitive receptors to substantial pollutant 1,9 �
cancentrations?
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�ssues anci S�p�orting Enformarion Sourees Sourc�-s Pofentialfy Potentially Less Than iJo
Significant Signiiicant Sig:tlfiConi impact
Issues Uniess [mpact
FJlitigation
Encorporated
e) Create objectionable odors arfecting a substantial 1,9 X
number of people?
6. TRANSPORTAT[ON/TRAFFIC. Would the project:
a) Cause an increase in traffic which is substantial in 2,14 X
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacify ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level of 14 X
service standard established by the county
congestion management agency for designafed
roads or highways?
c) Result in a change in air traffic paiferns, including 1,13 �
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design 1,14, X
feature (e.g. sharp curves or dangerous 15
intersections) or incompafible uses (e.g., farm
equipmeni)?
e) Result in inadequate emergency access? 14,16, X
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f) Result in inadequate parking capacity? 2,14 X
g) Canflict with adopfed policies, plans, or programs 1,4 X
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
7. BIOLOGICAL RESOURCES. Would �he project:
a) Have a substantial adverse effect, either directly or 1,11 X
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in locai or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial or adverse effect on any riparian 1,11 X
habitat or other sensitive natural community identified
in local or regional plans, policies, and regulations or
by the California Department of Fish and Game or
US Fish and Wildlife Service?
c) Have a substantial adverse effect on federally 1,1 � X
profected wetlands as defined by Section 404 of fhe
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
d} interfere substantially wifh �he movement of any 1,11 X
native or resident or migratory fish or wildfife species
Ci Vv'i�ii ESta�'i�lSi icu Cla�iVc i cSiG�2Clt vC iliigratvi � i � i
wil�iiiie c'vi i iu'v�s, or impe�e ii ie U5E oi i iaiive �iviiuliie
nursery sites?
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lssues and SupporEing Informafiian Sources Sources Pofentialty Potenfi2ffy Less Than � No
5igni�icant Significant Significant Impact.
lssues Unless lmpaci
Mitigation
IIncorporated
e) Conflicf with any local policies or ordinances 1,2 x
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with fhe provisions of an adopted Habitat 1,11 X
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
8. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral 1 x
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important 1 x
mineral resource recovery site delineated on a local
general plan, specific plan or ott�er land use plan?
9. HAZARDS AND NAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the 1,10 x
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the 1,2,12 x
environmeni through reasonably foreseeable upset
and accident conditions involving the release of
I�azardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or 1,12 X
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of 12 x
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e) For a project located within an airport land use plan 1, 12, X
or, where such a plan has not been adeFted, �r�ith.in 13
two miles of a pubfic airport or public use airport,
�✓ould the project result in a safetl� hazard for people
residing or working in the project area?
� For a project within the vicinity of a private oirstrip, 1 � X I
would the project result in a safety hazard for people
residing or working in the project area?
g) lmpair implementation of or physically interfere with 1,10 X
an adopted emergency response plan or emergency
evacuation pian?
h) Expose people or structures to a significant risk of 1 x
loss, injury or death involving wildland iires; including I
where wildlands are adjacent to urbanized areas or �
,r�here r�sider:-es are in�ermixed �,��ith �,�rildlands? � � I �
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ls.sues and Suppor'cing lnforr�afion Sources Sources Potenfiafiy Poteniially Less Tna� t�le
Significant Significant Significant impact
Issues Unless Impact
fNitigation
Incorporated
10. fJOfSE. Would the project result in:
a) Exposure of persons to or generation of noise levels 1,2 X
in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generafion of excessive 1,2 X
groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise 1 X
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in 1,2 X
ambient noise levels in the project vicinity above
leveis existing without the project?
e) For a project located within an airport land use plan 1,2 X
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, 1 X
would the project expose people residing or working
in the project area to excessive noise levels?
11. PUBLIC SERVICES. Would the project result in substantial adverse physical impacfs associated with the
provision of new or physically altered governmental facilities, need for new or physically aitered government facilities,
the construction �f which could cause significant environmentai impacts, in order to maintain acceptable service
ratios, response times or other performance objectives for any of the public services:
a) Fire protection? �, � 7 x
b) Police protection? 1 X
c) Schools? 1 X
d) Parks? � x
e) Other public facilities? 1 X
12. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements ofthe 1,14 x
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new waier or 1,14 X
wastewater treatment facilities or expansion of
existing facilities, the construction of which could I
cause significant environmental effects %
c) Require or result in the construction of new storm 1,14 X
waier drainage facilities or expansion of existing
iacilities, the construction of which could cause
significant environmental effects?
d) Have sufFicient water supplies available to serve the 1,14 X
project iiGiii EXiSi!iiC'j. Efiftt�Cf7iBfiiS afi� iCSOLifC�S, Of I
are new or exoanded entitlements needed? I
e) Result in a determinaiion by the waste�vater 1,14 I X
treatment provider whicl� serves or may serv� the
project �hat it has aclequaie capacity to serve the
project's projected demand in addition to the
provider's exis�ing commitments?
�
lssues and Supportin� inforrr�a�ion Sa�rces �ources Potentially Pofentia�ly Less Than hlo
Sigr�iiicanf Significant Significant Impzc4
Issues Unless lmpacf
Mifigation
tncorporaied
f) Be served by a landfill with sufficient permitted 1,14 X
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and 1,14 x
regulations related to solid waste?
13. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 1,2 X
b) Substantially damage scenic resources, including, 1 X
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c} Substantially degrade the existing visual character or 1,2, 14 x
quality of the site and its surroundings?
d) Create a new source of substantial light or glare 1,4 X
wl�ich would adversely affect day or nighttime views in
the area?
14. CULTURAL RESOURCES. Would the project:
a) Create a substantial adverse change in the 1,14 X
significance of a historical resource as defined in
'15064.5?
b) Cause a substantial adverse change in the 1,14 X
significance of an archaeological resource pursuant
to '15064.5?
c) Directly or indirectly destroy a unique paleontological 1,14 x
resource or site or unique geological feature?
d) Disturb any human remains, including those interred i,14 X
outside of formal cemeteries?
15. RECREATION.
a) Would the project increase the use �f existing 1,14 x
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facifities or r,14 X
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment? �
16. AGRICULTURAL RESOURi,ES. In determining whether impacts to agricultural resources are s�gnificant
environmental effects, lead agencies may refer to the Cafifornia Agricultural Land Evaluatior and Site Assessmenf
Model (1997) prepared by the California Department of Conservation as an opfional model to use in assessing
impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland er 1 x
Farmland of Statevvide Importance (Farmiand), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
r;!if�rria Resource= P.ge�cy, to nor,-ayr;c�!±�.:; a! � I I
use?
b} ConT(ict ���ith existing zoning ror agricuftural use, or � � �
Wiiliamson Act coniract?
�
ISSUeS aE�Ci SUE3E7orfitlC� IilforlTl��ioil SOUCCeJ Sources Potentially i Potentially Less Than No
Significant Significani Significant Impact
Essues Unless Impacf
Mifigation
Incorporafed
c) Involve other changes in the existing environment 1 X
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
17. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does fhe project have the potential to degrade the 1 X
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fisf� or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually 1 X
limited, but cumulatively considerabie? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects)?
c) Does the project have environmental effects which will 1 X
cause substantial adverse effects on human beings,
either directly or indirectly?
�I�
lr�rtial Study Summary 1301-1391 Burlingame Avenue
18. SOURCE f�EFERENCES
1 The City of Burlingame Genera/ Plan, Burlingame, California, 2002, 1985 and 1984 amendments.
2 City of Burlingame, Municipal Code, Title 25 - Zoning, Burlingame, California, 2009 edition.
3 City of Burlingame City Council, Housing Element, City of Burlingame, Burlingame, California, 2002.
4 2000 Census
5 Department of the Interior, U.S. Geological Survey, San Francisco Bay Region, Sheet 3, 1:125,000, 1981.
6 E. Brabb, E. Pampeyan, and M. Bonilla, Landslide Susceptibilify in San Mateo County, San Mateo County,
California, 1972.
7 Perkins, Jeanne, Maps Showing Cumulafive Damage Potential from Earthquake Ground Shaking, U.S.G.S.
Map MF, San Mateo County: California, 1987.
8 Map ofApproximate Locations of 900-yearFloodAreas, from the National Flood Insurance Program Flood
Insurance Maps, September 16, 1981
9 BAAQMD CEQA GUIDELINES, Assessing the Air Quality Impacts of Projects and Plans, December, 1995
10 San Mateo County Congestion Management Program, 1997
11 Map ofAreas of Specia! Biologica! Importance, San Francisco and San Mateo Counties, Californra, State
Department of Fish and Game
12 State of California Hazardous Waste and Substances Sites List, April 1998
13 San Mateo County Comprehensive Airporf Land Use Program, San Francisco International Airport,
December, 1994
14 Tentative Parcel Map, date stamped August 17, 2010
15 City of Burlingame, Public Works Department — Engineering Division Memo dated August 14, 2010
16 City of Burlingame, Chief Building Officiai's Memo dated August 4, 2010
17 City of Burlingame, Fire Marshal's Memo dated August 2, 2010
-11-
Iniiial Study Summary 1301-1311 Burlingame Avenue
Land Use and Planning Sumi�ary: No Impact. The subject lot currently con�ains fwo commercial buildings.
The building at 1301 Burlingame Avenue, referred tc as Parcel A in the Tentative Parcel Map, is occupied by
Apple (retail store). The building at 1309-1311 Burlingame Avenue, referred to as Parcel B, is occupied by
Teacake Bake Shop (food establishment) and Gymboree (retail store). The uses in these buildings are in
conformance with the zoning districf. The existing building on Parcel A is completely independent of the building
on Parcel B.
The property owner recentiy listed Parcel B for sale and was under the assumption that this Parcel was separate
from Parcel A since it had a separate assessor's parcel number. However, a title report revealed that the fwo
parcels had never been formally subdivided. The applicant is now proposing to split the subject lot into two lots,
referred to as Parcel A and Parcel B in the Tentative Parcel Map.
The Tentative Parcel Map, date stamped August 17, 2010, shows how the existing 100.06 foot wide lot would be
subdivided into two lots. Parcel A would have 48.81 feet of street frontage on Burlingame Avenue and 92 feet of
street frontage on Park Road, and would measure 4,516 square feet in area (lot has irregular front and rear
property line dimensions). Parcel B would have 51.25 feet of street frontage on Burlingame Avenue and would
measure 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 (Minimum lot size and street frontage.) requires that each lot in
this district shall have an area of at least 5,000 square feet and a street frontage of at least 50 feet. Since each
lot is proposed to have an area less than 5,000 square feet (4,516 square feet and 4,710 square feet proposed),
a request for Variance for lot size is required. In addition, since Parcel A has a fronfage of less than 50 feet
(48.81 feet proposed), a request for Variance for lot frontage is required. Variances may be granted, in
accordance with the provisions of Chapter 25.54 (variance findings).
The Tentative Parcel Map shows the footprints of fhe existing buildings on each proposed Parcel. With this
application, there are no improvements or changes to the uses proposed in the existing commercial buildings.
Since the existing building on Parcel A is completely indepenclent of the building on Parcel B, there are no issues
with buildings extending across property lines.
The Zor,ing Code allows commercial uses, including retail and fo�d establishments, and there is not change to
the existing uses proposed. The existing retail stores and food establishment is consistentwith the General Plan
designation, which is Commerciai Sales — Shopping and Service. Therefore, this proposal is consistentwith the
Generai Plan and zoning requirements. Approval of the Parcel Map results in two lots that are similar in size,
shape and cenfiguration to other developed lots within the vicinity.
Since there are no ctianr�es proposed to the existing commercial buildings and uses on the proposed lots, the
proposed lot split will not divide an estabfished community and wi�l be in keeping with the commercial nature of
the surrounding reighborhood. There are no habi�at conservation plars or r�atural community conservation
plars in effect wifhin the project area. Accordingiy, the Fre�osed project would not conflict with any habitat
conservation or natural community conse�vation plars and therefore have no ;mpact.
Papulaiion and Housing Susnmary: fVo Impac�. This site and the surrounding area are planned for pedestrian
oriented commercial uses. The proposed lot split will be reviev�✓ed for compliance to the City of Burlingame
General Plan and Zoning Code regulations and does not represent an_y alteration to fhe pianned land use in the
area, ThP pro;?rf is consisten? �:vith the Gity`s Heusing Element. The !ot split and ��ariar.ces �vi!! not displace any
existing housing units or residenis. Therefore, the proposed project would have no impact on the displacement
ofi existing nomes.
-12-
Initial Sfudy Summary
1301-131 � Burlingame Avenue
Geo{ogic Summary: No Impacf. The site is located in the Burlingame Avenue Commercial Area. The lot is
surrounded by one and two-story comme�cial buildings and a public parking lot. The subject lo� currently
contains iwo commercial buiidings.
The site is approximately 3 miles northwest of the San Andreas Fault, and 17 miles northwest of the Hayward
Fauit, but is not within the Alquist-Priolo zone. There are no known faults on the site. Because the project site is
in proximity to several faults, it is likely that the site will be subject to seismic shaking and other earthquake-
induced effects. During a major earthquake on a segment of one of the nearby faufts, strong shaking is
expected to occur at the project site. Most Burlingame soils are reasonably stable. Because of the strong
subsurface materials and the absence of subsurface flows, it is unlikely that liquefaction of the foundation soils
would occur. Since commercial buildings exist on the property and there are no changes proposed to fhe
buildings, no impact would result.
Water Summary: fVo Impact. This project includes a lot split of one lot into two parcels with no changes to the
existing commercial buildings. The subject property is not adjacent to a waterway. The project site is located in
Flood Zone B, which is outside the 100-year flood zone. The site is tied into an existing 6-inch water main and
existing storm water collection distribution lines and there is adequate capacity in the system. No impacts would
result from the approval of the variances for the lot split.
�ir Quality �urnmary: IVo Impaci. Since the application for a lot split involves no construction or alterations to
the existing commerciai buildings on the parcels, the approval of the variances for the lot split will not create any
deterioration in the air quality or climate, localiy or regionally and therefore have no negative impact on air quality.
Transportation/Circulation Summary: No Impacf. The subject lot is located at the corner of Burlingame
Avenue and Park Road. Burlingame Avenue is a collector street that provides access to EI Camino Real and
California Drive, both regional arterials. All arterial, collector, and local roadway systems in the City have had the
capacify to accommodate the existing commercial uses.
The proposed lot split would not conflict with any plans suppor�ing alternative transportafion. Since there is not
construction or aiteration to the existing commerc:al buildirrg and uses, fhere will be no impacts on
transportation/circulation.
Biological Resources �ummary: lVo lmpact. The project site exists within an existing downtown commercial
a� ea develope� wiih one and two-siory commercial buildings. The entire site is devoid oi any sensitive biological
resources. There are no known rare, endanr�ered, or sensitive hab�tats that exist either on-site or in pr�ximity-to
the project. There are no wetlands occurring onsite, nor are there any resid.ent migratory fish or wifdlife species.
Therefore, there are na impacts to biological resources with the propos�d lot splii.
�nergy and Mir�eral F�esaar�rces S�rnr�ary: lVo Iraap�e�. There are no known mineral resources located within
ihe boundaries of the project site, whicr currently contains two commercial buildings. All gas and electric
services are in place for service to the existing commercial buildings. Therefore, no impacts to energy and
mineral resources will occur with the proposed lot split.
r-�azards Sur�mary: /Vo lrrtpacf. Since commercial build_ings exist on the property and there are no alterations
praposed to the bu�l�i� �gs, �he praposcd {ot spl(f ai �d variarces wil{ rot c� eate a sign�ficant hazard to the public ar
rgci ilt jn tha rci itj�P trancrnrE i ice nr �„iicrncal pf h??�rC,i„f)1 IS j'T'1?fPr�alC, TI"�P 11 jl(„'IPrliiin�s r�p�ar�t ��te i� r.ot incl�!dec�
on a fist of hazardous materials sites and does not create a significant hazard to the public or fhe envir�nment.
The site is not located v��iihin an airport land use plan and wi!I noi result in a safety hazard for people residing or
working in ihe project area with the proposed lot splii. The project is not v�rithin the vicinity of a privaie airstrip.
-13-
(nitia! Study Summary
1301-1311 Burlingame Avenue
The proposed variances for the lot split will not impair implementation of or physically interFere with an adopted
emergency response plan or emergency evacuation pian. In addition, the proposed lot split will not expose
people or structures to a significant risk of loss, injury or death involving wild land fires and is in an urbanized
area. Therefore, the proposed lot split is not associated wifh potential impacts associated with hazardous
materials.
Noise Summary
commercial uses
variances since tl
parcels.
/Vo Impact. The projecf sife is located in a downtown commercial area, with existing
surrounding this site. No noise impacts wili result from the approval of the lot split and
�ere is no construction or alterations proposed to the existing commercial buildings on the
Public Services �ummary: No lmpact. The proposed lot split will not have an impact on the provisions of
public services, since adequately sized existing public facilities are in place to service the existing commerciai
buildings. Since all existing public and governmental services in the area have capacities that can accommodate
the existing uses, there is no impact on public services.
Utilities and Service Systems Summary: No Impact. There are existing 6-inch sewer lines on Burlingame
Avenue and Park Road that have the capacity to serve the existing commercial buildings. The proposed lot split
will not have an impact on the existing service systems and the existing sewer lines have the capacity to
accommodate the existing commercial buildings.
Aesthetics Summary: IVo lmpact. The subject lot currently contains two commercial buildings. The building at
1301 Burlingame Avenue, referred to as Parcel A in the Tentative Parcel Map, is occupied byApple (refail store).
The building at 1309-1311 Burlingame Avenue, referred to as Parcel B, is occupied by Teacake Bake Shop
(food establishment) and Gymboree (retail store). The existing building on Parcel A is completely independent of
the building on Parcel B.
Since there are no alterations proposed to the existing commercial buildings, the proposed lot split and variances
will not have an irnpact on aesthetics.
�ultural Resources Summary: lVo Impact. The�� are no known prehistoric or historic archeological sites or
cultural resources at the location of the proposed lot split. There are no potential impacts related to unknown
cultural resources since there is no construction proposed with the applicafion for a lot split and variances.
�eereafia�i Surr�mary: No fmpaef. The propos�d lot split and variances will have no impacTs. to local and
regional recreation facilities. The propcsed Ict sp!it d�es no't replace or dest�oy any existing �ecreatiora!
Tacilities, nor does it displace any proposed or planned recreational opportunities �or the Cify of Burlingame. The
site irn�ofved in this project is not presentiy zoned or used for.recreational uses.
�i[s
Cit� of Burlingame
Variance for Lot Size and Lof Frontage
Address: 1301 — 1311 Burlingame Avenue
Item No. 4a
Action Item
Meeting Date: October 25, 2010
Request: Application for Variances for lot size and lot frontage for a lot split of one lot into two lots, Parcel A
and Parcel B.
Applicant: Avtar Johal APN: 029-202-060 and -070
Property Owner: Avtar Johal Revocable Trust/Trust B Under the Johal Family Trust/Jagir K. Johal 2001
Irrevocable Trust
Land Surveyor: B& H Surveying, Inc. Lot Area: 9,226 SF (current)
General Plan: Commercial Uses — Shopping & Service Parcel A— 4,516 SF (proposed)
Zoning: C-1, Subarea A, Burlingame Avenue Commercial Area Parcel B— 4,710 SF (proposed)
CEQA Status: Refer to attached Negative Declaration No. ND-557-P.
Environmental Review: Since the project consists of the subdivision of property which requires a Variance for
lot size and lot frontage, the project is subject to the requirements of the California Environmental Quality Act.
Planning staff prepared an initial study for this project for review by the Planning Commission. It has been
determined that the proposed project can be covered by a Negative Declaration since the initiai study did not
identify any adverse impacts from the proposed lot split (please refer to the attached Negative Declaration No.
557-P). The Negative Declaration was circulated for 20 days for pubiic review. The 20-day review period ended
on October 21, 2010. There were no comments submitted during the review period.
The purpose of the present review is to hold a public hearing and evaluate that this conciusion, based on the
initial study, facts in the Negative Deciaration, public comments and testimony received at the hearing, and
Planning Commission observation and experience, are consistentwith the finding of no significant environmental
impact.
Summary: The subject lot currently ccntains two commercial buildings. The building at 1301 Burlingame
Avenue, referred to as Parcel A in the Tentative Parcel Map, is occupied by Apple (retail store). The building at
1309-1311 Burlingame Avenue, referred to as Parcel B, is occupied byTeacake E3ake Shop at 1309 Burlingame
Avenue (food establishment) and Gymboree at 1311 Burlingame Avenue (retail store). The uses in these
buildings are in conformance with the zoning district. The existing building on Parcel A is completely
independent of the building on Parcel B.
The property owner recen�ly listed Parcel B(1309 and 1311 Burlingame Avenue) for sale and was under the
assumption that this Parcel was separate from Parcel A s;nce it had a separate assessor's parcel number (see
attached parcel map). However, a title report revealed that the two parcels had never been formally subdivided.
The applicant i.s now proposing to split the subject lot into two lots, referred to as Parcel A and Parcel B in the
Tentative Parcel Map.
The Tentative Parcel Map, date stamped August 17, 2010, shows howthe existing 100.06 footwide lotwould be
subdivided into two lots. Parcel A would have 48.81 feet of street frontage on Burlingame Avenue and 92 feet of
street frontage on Park Road, and would measure �,516 square feet in area (lot has irregular front and rear
property line dimensions). Parcel B would have 51.25 feetof street frontage on Burlingame Avenue and would
measure 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 (Minimum lot size and street frontage.) requires that each lot in
this districf shall have an area of at least 5,000 square feet and a street frontage of at leasi 50 feet. Since each
lot is proposed to have an area less than 5,000 square feet (4,516 square feet and 4,710 square feet proposed),
a request for Variance for lot size is required. In his letter dated August 17, 2010, the applicant notes that
"although Parcel B is slightly less than the minimum lot size, it has more than adequate frontage to support two
Variance for Lot Srze and Lof Fronfage 9301-1311 Burlingame Avenue
storefronts. The iwo stores present a typical fa�ade to the public." In addition, since Parcel A has a frontage of
less than 50 feet (48.81 feet proposed), a request for Variance for lot frontage is required. Variances may be
granted, in accordance with the provisions of Chapter 25.54 (variance findings). The following application is
required:
� Variance for lot size for Parcel A and Parcel B(4,516 square feet proposed for Parcel A and 4,710
square feet proposed for Parcel B, where 5,000 square feet lot size is the minimum required) (Code
Section 25.36.075); and
• Variance for lot frontage for Parcel A(48.81 feet frontage on Burlingame Avenue proposed, where 50
feet lot frontage is the minimum required) (Code Section 25.36.075).
The Tentative Parcel Map shows the footprints of the existing buildings on each proposed Parcel. With this
application, there are no improvements or changes to the uses proposed in the existing commercial buildings.
Since the existing building on Parcel A is completely independent of the building on Parcel B, there are no issues
with buildings extending across property lines.
Staff Comments: See attached memos from the City Engineer, Senior Planner, Chief Building Official and Fire
Marshal.
Planning staff would note that since this request for Variances for lot size and lot frontage is for a lot split of one
lot into two lots with no changes to the existing commercial buildings, the application was placed directly on the
action calendar. If the Commission feels there is a need for more discussion, this item may be placed on a
future action calendar for a second review and/or public hearing with direction to the applicant.
Findings for a Negative Declaration: For CEQA requirements the Planning Commission must review and
approve the Negative Declaration (ND-557-P) finding, on the basis of fhe initial study and any comments
received in writing or at the public hearing, that there is no substantial evidence that the project will have a
significant (negative) effect on the environment.
Required Findings for Variance: In order to grant a variance for lot size and lot frontage, the Planning
Commission must find that the following conditions exist on the property (Code Section 25.54.020 a-d):
a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved
that do not apply generally to property in the same district;
b; the granting of the application �s necessary for the preservation and enjoyment of a substantial property
right of the applic-ant, an� fo prevent unreasonable property loss or unnecessary hardship;
c) the granting of the app!ication will not be detrimental or injurious to property or improvements in the
vicinity and wiil not be detrimental to the public health, safety, general welfare or convenience; and
d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing
and potential uses of properties in the general vicinity.
�
Variance for Lot Size and �.ot Frontage
Planning Commission Action:
1301-1311 Burlingame Avenue
The Planning Commission is asked to consider making a recommendation regarding the following requests to
City Council:
Negative Deciaration and Variances for lot size and lot frontage for a lot split of one lot into two lots,
Parcel A and Parcel B; and
Tentative and Final Parcel Map for a lot split of Portion of Lot 8, Block 5, Town of Burlingame No. 1
Subdivision, 1301-1311 Burlingame Avenue — PM 10-02.
The Planning Commission's recommendation includes the following conditions of approval:
that the Vesting Tentative & Final Parcel Map shall be recorded at the San Mateo County Recorders
Office and copy of the recorded document shall be submitted to the Department of Public Works; and
2. that the conditions of the City Engineer's August 14, 2010 memo, the Senior Planner's August 12, 2010
memo, the Chief Building Official's August 4, 2010 memo and the Fire Marshal's August 2, 2010 memo
shall be met.
Ruben Hurin
Senior Planner
c. Avtar Johal, applicant
Mark D. Hudak, representative for applicant
Attachments:
Negative Declaration ND-557-P
Current San Mateo County Assessor's Parcel Map
Application to the Planning Commission
Expianation Letter Submitted by Mark D. Hudak, dated August 17, 2010
Variance Form
Staff C�mments
Notice of Pubfic Hearing — Mailed October 15, 2010
Aerial Photo
3
�6�� �� �����p�� q p�p�� �,�1-�`'-���'�,� CO[VIMUNITY DEVELOPMEt�T �JEPARTMENT
� [�! �%i�Fl
HU.RLtNG�h4E Planning Division
City Hall — 501 Primrose.Road ;:�;;,�,. �� , PH: (650) 558-7250
Burlingame, California 94010-39�7 `�`�'�`` ����'�'' FAX: (650) 696-3790
NOTICE OF INTENT TO ADOPT A NEGATiVE DECLAR�TION
To: Interested Individuals From: City of Burlinqame
County Clerk of San Mateo Community Development Qepartment
Planninq Division
501 Primrose Road
Burlinqame, CA 94010
Subjeci: Notice of Intent to Adopt a Negative Declaration (ND-557-P)
Project Title: 1301-1311 Burlingame Avenue, Lot Split of Parcei into Parcel A and Parcel B
Project Location: 1301-1311 Burlingame Avenue, Burlingame, CA 94010
Project �escription: The project includes a lot split and Variances for lot size and lot frontage to split
one lot into two lots, referred to as Parcel A and Parcel B in the Tentative Parcel Map.
The existing 100.06 foot wide lot would be subdivided into two lots. Parcel A would have 48.81 feet of
street frontage on Burlingame Avenue and 92 feet of street frontage on Park Road, and would measure
�,516 square feet in area (lot has irregular front and rear property line dimensions). Parcel B would
have 51.25 feet of street frontage on Burlingame Avenue and would measure 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 (Minimum lot size and street frontage.) requires that
each lot in this district shall have an area of at least 5,000 square feet and a street frontage of at least
50 feet. Since each lot is proposed to have an area less than 5,000 square feet (4,516 square feet and
4,710 square feet proposed), a request for Variance for lot size is required. In addition, since Parcel A
has a frontage of less than 50 feet (48.81 feet proposed), a request for Variance for lot frontaqe is
required. Variances may be granted, in accordance with the provisions of Chapter 25.54 (variance
findings).
fn accordance with Section 15072(a) of the California Environmental Quality Act (CEQA) Guidelines, notice is
hereby given of the City's intent to adopt a Negative Declaration for the project listed above. A negative
declaration is prepared for a project when the initial study has identified no potentially significant effect on the
environment, and there is no substantial evidence in the light of the whole record before the public agency fhat
the project may have a significant effect on the environment. The City of Burlingame has completed a review of
the proposed p.roject, and on the basis of an Initial Study, finds that the project wili not have a significant effect
upon the envirorr�ent. The C�ty has prepared a Negative 1.7eclaration and Initial Study that are available for
public reviev�� at City Hall, 5G1 Primrose Road, Burfingame, California, 94010.
As mandate�-by State Law, the minimum comment-period for this_document is 20 (twenty) days and begins on
October 1, 2010. Comments may be submifted- during the review period and up to fhe tentatively scheduled
public hearing on October 25, 2010. Fersons having comments concerning this project, including objections to
the basis of determination set forth in the Initial Study/Negative Declaration, are invited to furnish their comments
summarizing the specific and factual basis for their comments, in writing to: City of Burlingame Community
Devefopmen# Department — Planning Division. Pursuant to Public Resources Code Section 21177, any legal
challenge to the adoption of the proposed initial Study/Negative Declaration will be limited fo those issues
presented to the City durina ihe public comment period described above.
�L!��.lG �6E�€?6�C: The Planning Commission hearing to revi.e�v the proposed Tentaiive Paroel Map for lof split
and �Griances iur loi size aru loi irontage ai �3G1-1311 ourlingare A�enue, an� ii�e �Jegative Geclaraiion an�i
lritial St�dy for fhis projecf has been tenfatively scheduled fcr Qctober 25, 2010 ai 7:00 p.m. in the Cauncil
Chambers of City Hall, 501 Primrose Road, Burlingame, California.
Posted: October 1. 2010
if�ITf,4L STUDY SU�iV1ARY - EN4'I�ONC�l�l�i/�.L CF6EC&CLI�T
2
C!
5
0
Project Title:
Lead Agency Name and Address
Contact Person and Phone Number:
Project Location:
Frojecf Sponsor's Nar�e and Address:
General Plan Designation:
1301-1311 Buriingame Avenue, Lot Splif of Parcel into
Parcel A and Parcel B
City of Burlingame, Community Development
Department - Planning Division
501 Primrose Road, Burlingame, CA 94010
William Meeker, Community Development Director
(650) 558-7250
1301-1311 Burlingame Avenue
Burlingame, California 94010
Avtar Johal
1300 Burlingame Avenue
Burlingame, CA 94010
Commercial Uses: Shopping and Service
7
Zoning: C-1, Subarea A
APN: 029-202-060 & 029-202-070
8. Descriptian of ihe Project: The proposal is for a lot split of one lot (APN: 029-202-060 & 029-202-070)
into two lots, Parcel A and Parcel B. A title report revealed that the parcei had never been formally
subdivided. The applicant is now proposing to split the subject lot into two lots, referred to as Parcel A
and Parcel B in the Tentative Parcel Map.
The Tentative Parcel Map, dafe stamped August 17, 2010, shows how the existing 100.06 foot wide lot
would be subdivided into tw� lots. Parcel A would have 48.81 feet of street frontage on Burlingame
Avenue and 92 feet oi street frontage on Park Road, and would measure 4,516 square feet in area (lot
has irregular front and rear property line dimensions). Parcel B would have 51.25 feet of street frontage
on Burlingame Avenue and would measure 4,710 square feet in area.
Buriingame Niunicipal Code Section 25.36.075 (Minimum lotsize and streetfrontage.) requires thateach
lot in this district shall have an area of at least 5,000 square feet and a street frontage of at least 50 feet.
Since each lot is proposed to have an area less than 5,000 square feet (4,516 square feet and 4,710
sq�:are feet proposed), a request for Variance for lot size is required. In his letfer dated August 17, 2010,
the applicant notes that "although Parcel B is slightly less than the minimum fot size, it has more than
acfequate frontage to supporE two storefr�nts. The two stores present a typical farade to the public." In
addition, since Parcel A has a frontage of less than 50 feet (48.81 feet proposed), a request for Variance
for lot frontage is required.
This project is subject to CEQA because variances for lot size and lot frontage are required as part of the
la� spiit.
�urrQune�ir� L�nd l�s�s and ��tting: The existing !ot is located in the Bur�ingame Avenue Commercial
i�rea, �ii�hin ihe Gity of Buriingame and rneasures 9,2%6 square Teet in area. Tne iot is surro�nded b;�
cne �nd t���e�ster,� cem�rerciai buildi^gs �rd a public parkirg lct. The subjEct lot currertfy ccnta�ns �vra
carmercial buildings. Tf �e building ai 1301 6urlingame Avenue, referreo to �s �arcel ^� in �"e Tentative
Parcel Map, is occupied by Apple (retail store). The building at 1309-1311 Burlingame Avenue, referred
to as Parcel B, is occupied by Teacake Bake Shop (food establishment) and Gymboree (retail sior�).
10. Other public agencies whose approral is required: There are no permits required from otl�er public
agencies. A building permit will be required from the Burlingame Community Development Department,
Building Division for any future improvements wifhin the buildings on the lots.
EP�iViRONNiE�ITAL �ACTORS PQTENTIALLY AFFECTEf�:
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use and Planning Biological Resources Aesthetics
Population and Housing Mineral Resources Cultural Resources
Geology and Soils Hazards & Hazardous Recreation
Materials
Hydrology & Water Noise Agricultural Resources
Quality
Air Quality Public Services Mandatory Findings of Significance
Transportation/Traffic Utilities and Service
Systems
DETERMINATION: (To be completed by the Lead Agency).
(�n tha hacic nf this initial Pvaliiatinn�
I find that the proposed project COULD NOT have a significant efFect on the environment, and a IVEGATIVE X
DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be
a significant effect in this case because revisions in the project have been made by or agreed to by fhe
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
I find that the proposed project MAY have a" potentially significant impacY' or " potentially significant unless
mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based
on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE
GECLARATION, and (2) have been avoided or rnitigated pursuant to that earlier EIR or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,
nothing f! �rtrrer is required.
�� �-; ,
, :r' f% ,
� �/� � �;
� �,�/ ( � �";,r�� �� l U.__� /��j/��?0%�`
William �eker, Community Deveiopment Director Date `
issues and Supporting lnformafion Sources Sources Poteniially Potentia(ly � �ess Than rao
Significant Significant Significant fmpact
Issues Unless lmpact
Mifigation
, Incorperaied
1. LAND USE AP�D PLANP�fNG. Would the project:
a) Physically divide an established community? 1,2 X
b) Conflict with any applicable land use plan, policy, or 1,2 X
regulation of an agency with jurisdiction over the
project (including, but not limited to the general plan,
specific plan, local coastal program or zoning
ordinance} adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan 2 X
or natural community conservation plan?
2. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, 1,3 X
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, 3 X
necessitating the construction of replacement
housing elsewhere?
c) Displace substantial numbers of people, 3 X
necessitating the construction of replacement
housing elsewhere?
3. GEOLOGY AND SOILS. Wouid the project:
a) Expose people or structures to potential substantial 5,6,7 X
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as delineated 5,6,7 X
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on otner substantiai evidence of a
known faulf? Refer to Division of Mines and Geology
Special Publication 42.
ii) Strong seismic ground shaking? 5,6,7 x
iii) Seismic-related greund failure, including 5,6,7 �
liquefaction?
iv) Landsfides? 6 X
b} Result in subsfantial soil erosion or loss of topsoil? 5 X
c) Be located on a geologic u�it or soil that is unstable, 5,6 7 x
er that �a�ould become unstable as a result of the
project, and potenfially result in on- or off-site
landslide, lateral spreading, subsidence, liquefacfion
or collapse?
d) Be located on expansive soil, as defined in Table 18- 5,6 X
1-B of the Uniform Building Code (1994), creating � I
substantial risks to life or properiy?
ej Have soils incapable of adequaiely supporting ihe 5 X
I use of septic tanks or alternative wastewater disposal
sysiems where sevvers are not available for the
disposal of wastewater?
�
Issues and SGpporiing Enfarmation Sourc�s Sources Potenfially Potentially � Less Than No
Significa�t Significani Significant impaci
Issues Unless tmpact
Mifigation
Incorporated
4. FiYDROLOGY AND WAiER QUALITY. VVould the project:
a) Violate any water quality standards or waste 1,14 X
discharge requirements?
b) 5ubstantially deplefe groundwater supplies or 1 X
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
(e.g., the production rate of pre-existing nearby wells
would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
c) Substantially alter the exisfing drainage pattern of the 1,14 X
site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation on- or off-
site?
d) 5ubstantially alfer the existing drainage pattern of the 1,14 X
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner
which would result in flooding on- or off-site?
e) Create or contribute runoff water which would exceed 1,14 X
the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff?
f) Otherwise substantially degrade water quality? 1,4,14 X
g) Place housing within a 100-year flood hazard area as 8 X
mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area structures 8 X
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk oT 1,8 �
loss, inj�ry cr death involving flooding, including
flooding as a result of the failurz of a levee or dam?
j) lnurdation by seiche, tsunami, or mudflow? 1,6 X
5. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or
air pollution control district may be relied upon to make the following determinafions. Would the project:
a) Conflict wifh or obstruct implementation of the 1,9 X
applicable air quality plan?
b) Violate any air quality standard or contribute to an 1,9 X
existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of 1,9 X
any criteria �oiiuiant for wi�ich ihe �iraje�i i egiur� is I I I
nnn-att2in�nant i inriaC an annlirahla fPderal nf state
ambient air quafity standard (including releasing ` � I
emissions which exceed quantitative thresholds for
o%one precursors)?
d) Expose sensitive receptors to substantial pollutant 1,9 �
concentrations?
-5-
Issues and Supporting informafion Sourees so�r�e5 Potentiaily PotentiaUy Less Than No
Significant Significant Significant fmpact
Issues Unless fmpact
fJfitigation
lnccrporated
e) Creafe objeciionable odors affecting a substantial 1,9 x
number of people?
6. TRANSPORTATIONlTRAFFIC. Would the project:
a) Cause an increase in trafFic which is substantial in 2,14 X
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b} Exceed, either individually or cumulatively, a level of 14 x
service standard established by fhe county
congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patferns, including 1,13 X
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design 1,14, x
feature (e.g. sharp curves or dangerous 15
intersections) or incompafible uses (e.g., farm
equipmeni)?
e) Result in inadequate emergency access? 14,16, X
17
f) Result in inadequate parking capacity? 2,14 X
g) Conflict with adopted policies, pians, or programs 1,4 x
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
7. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or 1,11 X
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantiai or adverse effect on any riparian 1,11 �
habitat or other sensitive natural community identified
in local or regional plans, policies, and regulations or
by the California Departmenf of Fish and Game or
US Fish and Wildlife Service?
c) Have a substantial adverse effect on federally 1,11 x
�rotected wetlands as defined by Section 404 of fhe
Clean VVater Act (including, but not limited to, marsh,
vernal pool, coastal, etc.} through direct removal,
filling, hydrological interruption, or other means?
dl Inferfere s��bstanti�lfy with the movement nf any 1,11 x
native or resident or migratory fish or wildlife species I
cr v^vith esta�lished rative resident cr m�grator� � I
'vJilCiiiiC CGfi iuvf5, Gf iiTi�iBuE the use oi ilaiNC Vvii�.11ll@ I
C1U1"SEfj� SIt2S�
�
lssues artd Supporting InfGrmation Sources Sources � Poientially Pofenfialiy Less Than IJo
Signi�icant Significart Significar,: Impact
Issues Unless Impacf
Mifigation
Incorporaied
e) Conflict with any local policies or ordinances 1,2 X
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict wifh the provisions of an adopted Habitat 1,11 X
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
8. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral 1 X
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important 1 X
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the 1,10 X
environment through the routine transport, use, or
disposai of hazardous materials?
b) Create a significant hazard to the public or the 1,2,12 X
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or 1,12 X
acutely hazardous materials, substances, or wasfe
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of 12 X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significanf hazard to the public or
the environment?
e) For a project located within an airport land use plan 1, 12, X
or, where such a plan has not �een adepied, within 13
two miles of a public airport or public use airport,
would the project result in a safet}� hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private airstrip, 1 X
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with 1,10 X
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of 1 X
loss; iniury or deaih involving wildland fires; including
where wildlands are adjacent to urbanized areas or I ' I
w.here residences are intermixed with v��ildlands? {
I
-7-
i i.
fssues and Suppor�ing �nformation Sources Sources ' Petentia[ly
Significanf
� i Issues
Poten4ially
5ignificant
Unless
fJlitigation
incorporated
Less Than tJo
Significant lmpact
Impact
i0. NOISE. Would the project result in:
a) Exposure af persons to or generafion of noise levels 1,2 X
in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive 1,2 X
groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise 1 X
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in 1,2 X
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a projeci located within an airport land use plan 1,2 X
or, where such a plan has noi been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, 1 x
would the project expose people residing or working
in the project area to excessive noise levels?
11. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically altered government facilities,
the construction of which could cause significant environmental impacts, in order to maintain acceptabie service
rafios, response times or other performance objectives for any of the public services:
a) Fire protection? �, �� X
b) Police protection? 1 X
c) Schools? � X
d) Parks? 1 X
e) Other public facilities? 1 x
12. UTILITIES ANQ SERVECE SYSTEMS. Would the pr�ject:
a} Exceed wastewater treatment requirements ofthe 1,14 X
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or 1,14 X
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm 1,14 X
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufFicient water supplies available to serve the i,14 �
j�i Cf cC� FfOi i i ci:iSiii iy ci itiiici i ic�ii5 8i i� i c�OLii C.ES, vi
are new or expanded entitlements needed? i I i I i
e) Result in a determination by ihe wastewater 1:14 i � :
treatment provider vvhich serves or may serve the
project that if has adequate capacity to serve ihe
project's projected demand in addition to the
provider's existing commitments?
�
� Sources Pofentially � Po4enfiaily Less Than No
Iss�es and Suppo�i�g �nformatian Saurees
Significan4 I -Significanf 5ignificanf impact
Issues Unless Impact
�iiigation
tnccrporafed �
f) Be served by a landfill with sufficient permitted 1,14 X
capacity to accommodate the projecYs solid waste
disposal needs?
g) Comply with federal, state, and local stafutes and 1,14 X
regulations related to solid waste?
13. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 1,2 X
b) Substantially damage scenic resources, including, 1 X
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 1,2, 14 X
quality of the site and its surroundings?
d) Create a new source of substantial light or glare 1,4 X
which would adversely affect day or nighttime views in
the area?
14. CULTURAL RESOURCES. Would the project:
a) Create a substantial adverse change in the 1,14 X
significance of a historical resource as defined in
'15064.5?
b) Cause a substantial adverse change in the 1,14 X
significance of an archaeological resource pursuant
to '15064.5?
c) Directly or indirectly destroy a unique paleontological 1,14 X
resource or site or unique geological feature?
d) Disturb any human remains, including those interred i,14 X
outside of formal cemeteries?
15. RECREATION.
a) Would the project increase the use of existing i,14 X
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or 1,14 X
require the construction or expansicn of recreational
facilities which might have an adverse physical effect
on the environment?
'i6. AGRICULTURAL RESOLiRCES. In determir�ing whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to trre Califomia Agricultural Land Evaluatian ana Site Assessment
Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing
impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland or 1 X
Farmland of Statev�ide Importance (Farmland), as
shown on the maps preoared pursuant to the �
Farmiand �/lapping and IUonitoring Program of the I I
Ca!ifO�Il!� E?BSOurc�s Age�cy, t0 n0^-�gri���!t�.:ra; i i � �
usa? I
b} Conr"iici wi�h exisiing zoning for agricul'tural use, or a �i ( Y.
1,Nilliamson Act contract?
�!1'
�
Issues and Suppori�ng Informafion Sources I Sources Fofentially
Signiiican[
Issues
Potentially I Less Thar
Significant Significant
Unless I Empact
�itigation
Incorporated
No
Impact
c) Involve other changes in the existing environment 1 X
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
17. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the 1 X
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b} Does the project have impacts that are individually 1 X
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects)?
c) Does the project have environmental effects which will 1 X
cause substantial adverse efFects on human beings,
either directly or indirectly?
-10-
lnitial Study Summary 1301-1311 Burlingame Avenue
18. SOURCE F�EFERENCES
1 The City of Burlingame General Plan, Burlingame, Ca!ifornia, 2002, 1985 and 1984 amendments.
2 City of Burlingame, Municrpal Code, Title 25 - Zoning, Burlingame, California, 2009 edition.
3 City of Burlingame City Council, Housing Element, City of Burlingame, Burlingame, California, 2002.
4 2000 Census
5 Department of the Interior, U.S. Geological Survey, San Francisco Bay Region, Sheet 3, 1:125,000, 1981.
6 E. Brabb, E. Pampeyan, and M. Bonilla, Landslide Susceptibility rn San Mateo County, San Mateo County,
California, 1972.
7 Perkins, Jeanne, Maps Showing Cumulative Damage Potential fi-om Earfhquake Ground Shaking, U.S.G.S.
Map MF, San Mateo County: California, 1987.
8 Map ofApproximafe Locations of 100-yearFfood Areas, from the National Flood Insurance Program Flood
Insurance Maps, September 16, 1981
9 BAAQMD CEQA GUIDELIfVES, Assessing the ,4ir Quality /mpacfs of Projects and Plans, December, 1995
10 San Mateo County Congestion Management Program, 1997
11 Map ofAreas of Special Biological Importance, San Francisco and San Mateo Counties, California, State
Department of Fish and Game
12 State of California Hazardous Waste and Substances Sites List, April 1998
13 San Mateo County Comprehensive Airport Land Use Program, San Francisco International Airport,
December, 1994
14 Tentative Parcel Map, date stamped August 17, 2010
15 City of Burlingame, Public Works Deparfinent — Engineering Division Memo dated August 14, 2010
16 City of Burlingame, Chief Building Official's Memo dated August 4, 2010
17 City of Burlingame, Fire Marshai's Memo dated August 2, 2010
-11-
lnitial Study Summary 1301-1319 Burlingam.e Avenue
�and Use and Rlanning Summary: l�.lo lmpact. The subject lot currently con�ains two commercial buildings.
The building at 1301 Burlingame Avenue, referred to as Parcel A in the Tentative Parcel Map, is occupied by
Apple (retail store). The buiiding at 1309-1311 Burlingame Avenue, referred to as Parcel B, is occupied by
Teacake Bake Shop (food establishment) and Gymboree (retail store). The uses in these buildings are in
conformance with the zoning district. The existing building on Parcel A is completely independent of the building
on Parcel B.
The property owner recently listed Parcel B for sale and was under the assumption that this Parcel was separate
from Parcel A since it had a separate assessor's parcel number. However, a title report revealed that fhe two
parcels had never been formally subdivided. The applicant is now proposing to split the subject lot into two lots,
referred to as Parcel A and Parcel B in the Tentative Parcel Map.
The Tentative Parcel Map, date stamped August 17, 2010, shows how the existing 100.06 footwide lotwould be
subdivided into two lots. Parcel A would have 48.81 feet of street frontage on Burlingame Avenue and 92 feet of
street frontage on Park Road, and would measure 4,516 square feet in area (fot has irregular front and rear
property line dimensions). Parcel B would have 51.25 feet of street frontage on Burlingame Avenue and would
measure 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 (Minimum lot size and street frontage.) requires that each lot in
this district shall have an area of at least 5,000 square feet and a street frontage of at least 50 feet. Since each
lot is proposed to have an area less than 5,000 square feet (4,516 square feet and 4,710 square feet proposed),
a request for Variance for lot size is required. In addition, since Parcel A has a fronfage of less than 50 feet
(48.81 feet proposed), a request for Variance for lot frontage is required. Variances may be granted, in
accordance with the provisions of Chapter 25.54 (variance findings).
The Tentative Parcel Map shows the footprints of the existing buildings on each proposed Parcel. With this
application, there are no improvements or changes to the uses proposed in the existing commerciaf buildings.
Since the existing buiiding on Parcel A is completely independent of the biaiiding on Parcel B, there are no issues
with buildings extending across property lines.
The Zoning Code allows c�mmercial uses, including retail and fo�d establishments, and there is not change to
the existing uses proposed. The existing retail stores and food estab(ishment is consistent with the General Plan
designation, which is Commercial Sales — Shopping and Service. Therefore, this proposai is consistent with the
General Plan and zoning requirements. Approval of the Parcel Map results in two lots that are similar in size,
shape an� confguration to other developed lots within the vicinity.
Since there are no chanr�es proposed to the existing commercial buildings and uses on the proposed I�ts, the
proposed lot split will not divide an established community and will be in keeping with the commercial nature of
the surrounding neighbonc��d. There are no habi�at conservation plars or ratural community conservation
plans in effect within the project area. Accordingly, the preposed pro�ect would nof conflict with any habitat
conservation or natural community conservation plans and therefore have no ;mpact.
Fapulation and Housing Summary: No Irnpacf. This site and the surrounding area are planned for pedestrian
oriented commercial uses. The proposed lot spfit wiil be ret�ie�rred for compliance to the Ci"ty of Burlingame
General Pian and Zoning Cocfe regulations and does not represent any alteration to the pianned land use in the
arga, Tha rn,r0�@Ct !S COC1SlStant �nijrh tj�Z l�if J�`5 uCL!�!!?� Elamrrrt, i hA i�t �ri�t and variar,ces ,A,i!! nof �is�,'��C? a�'�
exisiinq housinq units or residents. Therefore, the proposed prolect would have no impact on the dispfacement
ai exisiing homes.
-12-
lnifial Study Summary
1301-1311 Burlingame Avenue
Geofogic Summary: No lmpacf. The site is located in the Burlingame Avenue Commercial Area. The lot is
surrounded by one and two-story commercial buildings and a public parking lot. The subject lo� currently
contains two commercial buildings.
The site is approximately 3 miles northwest of the San Andreas Fauit, and 17 miles northwest of the Hayward
Fault, but is notwithin the Alquist-Priolo zone. There are no known faults on the site. Because the projectsite is
in proximity to several faults, it is likely that the site will be subject to seismic shaking and other earthquake-
induced effects. During a major earthquake on a segment of one of the nearby faults, strong shaking is
expected to occur at the project site. Most Burlingame soils are reasonably stable. Because of the strong
subsurFace materials and the absence of subsurface flows, it is unlikely that liquefaction of the foundation soils
would occur. Since commercial buildings exist on the property and there are no changes proposed to the
buiidings, no impact would result.
Water Summary: No Impact. This project includes a lot split of one lot info two parcels with no changes to the
existing commerciai buildings. The subject property is not adjacent to a watenivay. The project site is located in
Flood Zone B, which is outside the 100-year flood zone. The site is tied into an existing 6-inch water main and
existing storm water collection distribufion lines and there is adequate capacity in the system. No impacts would
result from the approval of the variances for the lot split.
,�€r Quafiiy �urnmary: No Ompact. Since the application for a lot split involves no construction or alferations to
the existing commercial buildings on the parcels, the approval of the variances for the lot split will not create any
deterioration in the air quality or ciimate, locally or regionally and therefore have no negative impact on air qualiry.
Transportation/Circulation Summary: No tmpact. The subject lot is located at the corner of Burlingame
Avenue and Park Road. Burlingame Avenue is a collector street that provides access to EI Camino Real and
California Drive, bofh regional arterials. All arterial, collector, and local roadway systems in the City have had the
capacity to accommodate the existing commercial uses.
The proposed lot split would not conflict with any plans supporting alternative transportation. Since there is not
construction or �Iteration to the existing commerc:al building and uses, fhere will be no impacts on
transportation/circulation.
Biolcgic�! ResQ�rces Sumcnary: IVo lmp�ct. The project site exists within an existing downtown commercial
area developed wiih one and iwo-s�ory commercial buildings, The entire site is devoid of any sensitive biological
resources. There are no known rare, ei�dangered, or sensitive hab�tats that_exist either on-site or in praximity-to
the project. There are no wetlands occurring onsite, nor are there any resid.ent migratory fish or vvildlife species.
Therefore, there are no impacts to biofogical resources with the �ropose.d lot spli�.
En�rgy and Mis��rai E�esQ�arees �ur�r�ar�r: iVQ �ra�apa�c�. There are no kno�Nn mineral resources located within
�he boundaries of fhe project site, which currently coniairs two commercial buildings. All gas and electric
serv�ces are in place for service to the existin� commercial buildings. Therefore, no �mpacts to energy and
mineral resources will occur with the proposed lot spfit.
�a�ards Sutnrt��ry: fVo frtapacF. Since commercia� buildings exist on fhe property and there are no alterations
..t a at-. �. •i.r• a� .� a.. t:1- .� 'i1 _. ^.a -._., �.., � ' •r• c t, � a ct, L�•-.
E.JICI�JUJCU Ll7 LII� U1.111U�IIlJ�.s� UIC �JliI�.JVSCU �VIJ.�'JIIL�C711U VQlICIIICCJ VVI11"IIVLI.ICCILC d Sll�".IIIIICQIIL IIaLQIU Ll7 LII'C.�' �.JIAUI�C. VI
t'P�I�It jn Tha �-ni4tina trancnnrP I I�a nr riignncal,�f ha�arrini �c �atarialc, T��a i inrigrlvinn nrniant cit� ic nnt in,r��l i('�Pl�
r�, � r�..�., �. � r. �....,
an a fist of hazardous materials sites and does not create a signifcant h�zard to the public or the environment.
The site is not located tn�ithin �n airporE land use plan and wi!I not result in a saie:y hazard for people residing �r
�rvorking in the project area wiih the proposed foi splii. I he project is noi vvithin fhe vicinity oT a privaie airstrip.
-'i 3-
Initial Study Summary 1301-1319 Burlingame Avenue
The proposed variances for the lot split will not impair implernentation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan. In addition, the proposed lot split wifl not expose
people ar structures to a significant risk of loss, injury or death involving wild land fires and is in an urbanized
area. Therefore, the proposed lot split is not associated with potential impacts associated with hazardous
materials.
Noise Summary: IYo Impact. The project site is located in a downtown commercial area, with exisiing
commercial uses surrounding this site. No noise impacts will result from the approval of the lot split and
variances since there is no construction or alferations proposed to the existing commercial buildings on the
parcels.
Public Services Summary: No Impact. The proposed lot split wiil not have an impact on the provisions of
public services, since adequately sized existing public facilities are in place to service the existing commercial
buildings. Since ali existing public and governmenfal services in the area have capacities that can accommodate
the existing uses, there is no impact on public services.
Uti{ities and Service Systems Summary: No Impacf. There are existing 6-inch sewer lines on Burlingame
Avenue and Park Road that have the capacity to serve the existing commercial buiidings. The proposed lot split
will not have an impact on the existing service systems and the existing sewer lines have the capacity to
accommodate the existing commercial buildings.
Aesthetics Summary: No lrr�pact. The subject lot currently contains two commercial buildings. The building at
1301 Burlingame Avenue, referred to as Parcel A in the Tentative Parcel Map, is occupied byApple (retail store).
The building at 1309-1311 Burlingame Avenue, referred to as Parcel B, is occupied by Teacake Bake Shop
(food establishment) and Gymboree (retail store). The existing building on Parcel A is compietely independent of
the building on Parcel B.
Since there are no aiterations proposed to the existing commercial buildings, the proposed lot split and variances
wili not have an ir�pact on aesthetics.
C�Itural Resources Summary: No Impact. Ther� are no known prehistoric or historic archeologicai sites or
cultural resources at the location of the proposed lot split. There are no potential impacts related to unknown
cuitural resources since there is no construction proposed with the application for a lot split and variances.
�ecreation Summary: �lo lra�pacf. The proposed lot spiit and variances will have no impacts. to local and
regional recreati�n facilities. The proposed lot split d�es �et replace or desiioy any existing �ecreatier,al.
racilities, nor does it dis.place any proposed or planned recreational o�portunities for the City of Burlingame. The
site involved in this project is nof presently zoned or �:sed forrecreatienal uses.
-14-
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CsllRLINGAME
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COMfNUNfN DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010
p: 650.558.7250 ° r": 650.696.3790 • www.burlingarne.arg
APPLICAiI�f� `TO iHE �LA��JINCa COi�il�lil��lO�
Type of application:
❑ Design Review � Variance � Parcel #: n7 `1 -«� —�"7C7 � C�i "I -7s��. — �='��
❑ Conditional Use Permit ❑ Special Permit ❑ Other:
PROJECT ADDRESS: i� O� — i�O �i '-" i:� \� ���� �—� tUG i�Y�'1� � �=-� �-� L--
� Please indicate the contact person for this project
APPLlCAMT project contact person�(
OK to send electronic copies of documents,�
Name: �� ��� J C� �� 4� L-
Address: 1��� t`��t�c...-it�G-�"M'�. s�? � ,
PROPERTY QVIINER project contact person ❑
OK to send electronic copies of documents ❑
��
Name: `�c=t= �=a- � _. � ��1C' -t�1'�� �'T ;� �
Address:
City/State/Zip: ��'L�rl 1 ��--``F'�"���_ ������City/State/Zip:
Phone: %Lo�U � .�-� `t Z — `� �� �
Fax: �C�Su ) `� �Z � � -7 �-3 Co
E-mail: ►��-����Gt Cc � `i✓�-i-�OC� • Lc��►'1
ARC6-lITECT/DESIGNER pro)ect contact Person ❑
OK to send electronic copies of documents ❑
Name: � ` �-
Address:
City/State/Zip:
Phone:
Fax:
E-mail:
� Burlingame Bus�ness License #:
Phone:
Fax: _
E-mail:
i _ '.i;';1�
Pf�QJE�:T �ESCR�PTION: ��L� �;� � J� S 1 G�v �=��r= ��� �. � l t� �,-- L_� ��n�r��=- � c=. i r'�1,
�� ��� � � �-�
AFFl�.DAVIT/SiGNATURE: I here
best of my knowledge and belief_�;
a.ppiican�'s signature: , %`�
I am a�lare of the �roposed app�lication
Commission.
�ro�er��+ �vdner's sig����sre: ' J i�
under penalty of perjury that the information given herein is true and correct to the
Date: �� � %f (; ��( U
� hereby a�!thori%e the abo��e applicant _o submit this application to ihe Planning
Qate: .;;,_ 1 � ��; i �;� .
�
�8�2 S[J�?fi'16EieR`: b'- i� - i'�
�- Verification �hat the projecf are''hftec�/designer has a valid Buriingarne E�usiness iicense wil! be required by ihe
Firaar�ee Deparirr�ent at the time application fees are paid.
❑ Please m�rk one box above with an X to indicate the contact persan for this project. s:�Halloou�s',PCApplicotion 200B.hondout.doc
ATTACHMENT "1 �'
PROPER"I'Y OWNER
NAME: AVTAR JOHAL REVOCABLF, TRUST / TRUST B UNDER THE
JOHAL F'AMILY TRUST / JAGIR K. JOHAL 2001 IRREVOCAI3LE
TRUST
ADDRESS: 1300 BURLINGAME �VENUE
CITY/STATE/ZIP: BURLINUAME, CA 94010 _ ;:; = _
PHUNE: (650) 342-5858
J i; ;, � �`i � ;l
�� . -
FAX: (650) 342-2786 ._ �... _..
; ,,. _ � ,:
�� ��- � ..�.,._ .. -
��_ �.�:�r�,,�:�, � �. �
�MAIL: AVTAR696@YA�-IOO.COM
�.
I� �,�tw`':�'i!`i E�.f ��:s�.!�E^� `_�._t�i� �
i „-�l:';L.�i� C?i._l_ i i�U(1r'��=z..�i;,�s �x . iCJ�;��.i
Professional Law Corporation
Mark D. Hudak
mhudak@carr-mcclellan.com
August 17, 2010
.. _., .:,, .-::,..- ;r.-::._
_ -. ` _ � -.'; . � :, c--.
Planning Commission
City of Burlingame '�'` � ;' � � � �� � n
501 Primrose Road -., ; r ��_
;��.�c:; __.._.;��;_=:��:..,._
Burlinganie, CA 94010 �-�: �,�`���`�!:: =-=J�
Re: Variance A�pUlication for Subdivision of 1301-1311 Burlin�aine Avenue
Dear Commissioners:
Our office represents the trustees of Trust B under the Johal Family Trust, the Avtar Johal
Revocable Trust and the Jagir K. Johal 2001 Irrevocable Trust (the "Trusts"). The Trusts own
the commercial property known as 1301-1311 Burlingame Avenue. The Trusts have applied to
subdivide this property and have discovered that the two resulting parcels would be Slightly
stnaller than the minimum 5,000 SI' lot size for commercial parcels. In addition, one of the
parcels would have slightly less than the requisite 50' of fi�ontage on I3urlingainc Avenue. Thus,
minor variances are necessaiy to divide thc property.
By way of background, the parcel located at the corner of Burlingame Avenue and Parlc Road
bears the address of 1301 Burlingame Avenue and is referred to in the Parcel Map as Parcel A.
It houses the Apple store. This lot is approximately 4,516 SF and has frontage on Burlingame
Avenue of 48.81'. It also has frontage of 92' along Park Road. The Trusts propose to retain
o«�nership of Parcel A.
Parcel B in the Parcel Map houses 1309 and 1311 �3urlingame Avenue. The tenants are the
Teacake Bake Shop (1309) and Gymboree (1311). Parcel B is approximately 4,701 SF and has
51.25' of frontage on Burlingame Avenue.
The Trusts listed Parcel B for sale and the property is in escrow. The trustees and brokers were
under the impression that this Parcel was separate from Parcel A because it had a separate
Assessor's Parcel Number. However, a title report revealed that the two parcels had never been
forinally subdivided.
The Apple building on Parcel A is completely independe,nt of the building on Parcel B. Ther�. is
no logical reason for these two properties to remain as a single parcel. But, without a variance,
tt,r� T,��,�ts wi1_1 be unable to se11 Parcel 3 t�nless they include the Annle building with it. "I'his is
not in the best interests of the Trusts and represents a substantial hardship.
P 650.342.9600
216 Park Road • Burlingame • California 94010 F 650.342.7685
www.carr-mcclellan.com
Planning Commission
August 17, 2010
Page 2
"I�he variance will work no hardship for the City or surrounding businesses. No changes to the
buildings or uses are proposed at this time. If there are any changes in the future, they will be
subject to the zoning and design criteria in effect at that time. If granted, the transition frorn one
property to two parcels will be seamless from the public's perspective.
Although Yarcel B is slightly less than the minimum lot size, it has more than adequate frontage
to support two storefronts. The two stores present a typical fa�ade to the public. There is no
reason why this property should not be separated from Parcel A and sold to others.
From a practical standpoint, there is no means by which the Trusts could acquire more property
or frontage and conform to zoning minimums.
We appreciate the Commission's consideration of this application.
Sincerely,
i'
�� /l~�//� � '\�
Marlc D. Hudalc
MDH:dIp
Enclosures
cc: Client
04050-OOU01 \iManage\3224012.1
;,__Gt .;z..ti-'�.
i; ,�...,. _. ,_._. � , _
CITY OF BURLINGAME
,�i,i. ; `;' f'Oif�
VARIANCE APPLICATION �,�����.,:_,.;;�;,_;;.:;.;,n�.,;t-
,:��..r�.��<r•.;� ;�,. � •.�_� ��.
a. Describe the exceptional oi- extraordinary circumstances or conditions applicable to your
property which do not apply to other properties in this area.
The properties at 1301-1309 Burlingame Avenue have separate Assessor's Parcel Nuinbers.
They are fully and separately developed — the 1301 Burlingame Avenue parcel has the Apple store and
the 1309-1311 Burlingame Avenue parcel has two stores in single building. Because the two buildings
are separate, it is feasible and convenient to have the legal title to them divided, as reflected in the
current Assessor's roll.
It is not possible to acquire additional square footage to cure the very minor shortfall in
minimum lot size or to increase the frontage for Parcel A.
b. Explain ��vhy the variance request is necessary for the preservation and enjoyment of a
suUstantial property right and what unreasonable property loss or unnecessary hardship
might result from the denial of the application.
There are many instances of relatively small parcels along Burlingame �venue that are
separately titled and separately developed, as Parcel A and Parcel B would be if the variance is not
granted. Part of the charm of Burlingame Avenue is its many varied storefronts. Because Parcel B will
have 51.25 feet of frontage, there will be adequate room for two standard size (25') storefronts, which
will be consistent with prevailing conditions. If the variance is not granted, the owners will be unable to
sell the 1309-1311 building unless the Apple store is included. This would place the owners at a
signiticant disadvantage compared to other property owners in the area.
c. �xplain why the proposed use at the proposed location will not be r�etrimental or injurious
to property or impi•ovements in the vicinity or to public health, safety, gen�ral welfare or
convenience.
The two buildings have been developed separately and appear to the public to be separate. No
changes to the facades of the building are proposed at this time. The current uses are retail and limited
food service. These are permitted uses in this zone. No changes in the uses are proposed at this time.
Any future changes to the building facades or uses will be subject to the zonin� and desigi� criteria in
effect at the time. There will not be any detriment to the public health, safety or convenience if the
variance is granted.
d. How will the proposed project be compatible ��vith the aesthetics, mass, bulk, and characYer
of the existing and potential uses on adjoining pi-operties in the general vicinity?
No changes to the existing buildings or uses are proposed at this time. The cur:ent buildings and
uses are permitted under ihe Zoning Code and compatible with surrounding properties, which are also
iidUSe T'etall aiid food uses. The �I'CY�S�CI l�� 5��1� 'v:'lll IlOt ufteCi i:e,a.1"J j' �)rC`�°�I'?1CS 2:1 ??1}� C�bnlZ�ble
maiuler.
040� 0-00001 \iManaae�3224001.1
P.C.
ITEM ,#
MEMO TO
FROM:
DATE:
PLANNING COMMISSION
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
AUGUST 14, 2010
SUBJECT: TENTATNE AND F1NAL PARCEL MAP FOR A LOT SPLIT OF
PORTION OF LOT 8, BLOCK 5, TOWN OF BURLINGAME NO. 1
SUBDIVISION, 1301-1311 BURLINGAME AVENUE - PM 10-02
Site Information:
Zoning:
Existing Lot Size:
Proposed Lot Sizz:
Required Lot Size:
Required Street Frontage
Back�round:
G 1 Commercial
9,226 + Square Feet
Paxcel A= 4,516 + Square Feet
Street Frontage = 48.81 Feet
Parcel B= 4,71 Q+ Square Feet
Street Frontage = 51.25 Feet
5,000 Square Feet
50 Linear Feet
This parcel inap application proposes to subdivide one lot into two lots. Proposed parcel A�oes
not meet the required fifty feet (50') street frontage and required lot size of 5,000 square feet
(C.S. 25.36.075). Praposed parcel B does not meet the required iot size �f 5,000 square feet.
Applicant has applied for v�.ria.nces for street frentage for parcel A and lot size requirements for
parcels A and B which are being processed conc�,u-rently.
The Engineering Department has reviewed the map for uti?ities and easemenis and has the
following comments:
,, , _ _ , _. � � .�,_:., __..
l. i�u deve!vpliic��i�l auuiu'va�� oic i�ai� Gi �!!i� �i�a��iil� aCtivii.
Page i of 2
2. Aii property corners shall be set in t1�e iield and be shown on ilie map.
This mapping action should be considered as a Tentative and Final Parcel Map for the l�t split to
facilitate processing. Staff will see that the Final Map is properly prepared.
i'
''
Attachments: Assessor's Map, Tentative Map
U:\ V I CTOR�Proj ects�Priv ate�PM10.02. wp d
Page 2 of %
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DATE
CITY OF BURLINGAME
Community Develapmenf De,nartment
MEMORANDUM
August 12, 2010
TO: Victor Voong
FROM: Ruben Hurin, Senior Planne
SUBJECT: Tentative and Final Parcel Map for a Lot Split of Portion of Lot 8, Block 5,
Town of Burlingame Subdivision No. 1 Subdivision, 1301-1311 Burlingame
Avenue — PM 10-02
� The proposed lot split wouid create fwo lots; Parcel A being 4,516 square feet in area and
Parcel B being 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 requires each lot in this district (C-1) to have
an area of at least 5,000 square feet (4,516 square feet — Parcel A and 4,710 square feet —
Parcel B proposed) and a street frontage of at least 50'-0" (48.81' — Parcel A and 51.25' —
Parcel B proposed). Since the proposed lot split does not meet the minimum code
requirements, the applicant will need to submit a request for Variances to lot size (Parcels A
and B) and street frontage (Parcel A). This requires Planning Commission review at a public
hearing.
The proposed lot split is not categorically exempt from the California Environmental Quality
Act (CEQA) since it requires Variances for lot size and street frontage. As a result, Planning
staff will need to prepare an ini�ial stUciy and Negative Declaration (environmental review) for
this project for review by the Planning Commission.
Atfached please find an application checklist and forms for the Variances and environmental
review.
If you should have any questions, please contact the Planning Division at (650) 558-7250.
� R��`dl� �r �+ �i�lYl
TO: � CdTY PLA1�iPiER .
�CHI�F BUIIID�NG OI�FICIAL �
r� n�sx�a� -
�PARKS DIRE�T'�R
CFTY A'�7C�Ri�iF.Y �•
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s�B�cT: REQUESg FOR ��1� ��p�l� I�r s��.�,r. ���( .
c� l�r �. �,r� s�. ��. .�� t�ure� S��rr�vis-�.p ;�� Go-o2
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t sc�D�� P�,�rG co�ssio� Ae�o�r����rrG ,��- u,. -�tin �� .,,
�`T�F REVIFW BY ME�'I'ING OI� MONDA�: /ri�/i���q' � , ' "�� . .
'�-IA�CS; -
p�� �� � Date af eommenfs .
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.TO: � CITY PLAIY�R
�C�� .�U�IDING Ok�IC�AL
]EIRE MAILSgAL
PARKS DIItE�"TOR .
CEa'YY A�'�RN�X ,.
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r SCI�DT�I,�D PLAi�t�FINE'i COIviI�II�SIO�I �ie`�T�� �MEE'�TNG l�L/��_u, . 2o'L� � ;
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S"i'�FF REVI�W BY MEETING OI� �r1�NDA� �� �jT 2aia
'IT�IICS,
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"=�'"„ CITI' OF BURLINGAME
M;�..,;_��i�:�.
��:�Ct��`� COMMUfVITY DEVELOPMEN i DEPaRTMEN I
BURLING�.ME 501 PRIMROSE ROAD --='�_ `':_':.t�`"�='"'=�
� '` `,F��_ BURLINGAME, CA 94010 3 �„ ,_ �_ �
���`�w , PH: (650) 558-7250 o FP,� :(650) 6J�6-3�J,0- f,�
www.burlingame.org ���;= ��°�'_-_:�=���
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S��e: 130i � 13i 1�fl��L1�9GAd�� A��P1U��'`-�-�=-:J�
The City of Burlingdme Pl�.nning Commission announces the
following pu6lic hearing on Pl1GND�Y, OCTO�E�? 25, 2010
at-7:00—�.M. in the Cify Holl Council Chambers, 50i Primro� �
Road, Burlingame, CA:
Applica'tion for Negative De�laration,Variances ror lat sire ani
lot frontage nnd Tentafive and Final Parcel Map for a lot spli
of one lot into two lots at 1301 � 1311 BURLI�lGAlVI
AVEAI!!E zoned [-1, Sobareo A, Burlingame Aven�
Commercial Area. APNs 029-202-060 & 070
fVlQiied: October 15, 201 �
(Please refer to other side)
� _ `_F' __-_��
������ ��������
������
���� �f ��a�6An����
A copy of the application` and plans for this`'pro�eci may: be reviewed prior io
the meeiing at the Coi�rimunity Development Depariment'at 501 Primrose
Re�d, B:�rlingame, `Cafiioi nia.
li you ci�allenge fihe s�abject applic�,tion(s)., in couifi, you. may;b� limitec� io
raising _oniy those issues you or someone else raised at the public hearing,
desc�ibed in the notice or, in vir�iiten cerresporidence ciel�vered to �he city at or
prior to the public hearing. -
Propery owners'whc receive this notice are �esponsibl� for informir�g their
tenants about this"notice.
For addiiional information, please call (650) 558-7250.. Th�nk you.
,
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A
NEGATIVE DECLARATION AND VARIANCES FOR LOT SIZE AND LOT FRONTAGE FOR A
LOT SPLIT OF ONE LOT INTO TWO LOTS, PARCEL A AND PARCEL B, ON PROPERTY
AT 1301 — 1311 BURLINGAME AVENUE, LOCATED WITHIN C-1, SUBAREA A,
BURLINGAME AVENUE COMMERCIAL AREA.
RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT:
WHEREAS, on August 17, 2010, Avtar Johal Revocable Trust/Trust B Under the Johal
Family Trust/Jagir K. Johal 2001 Irrevocable Trust, owner of the property located at 1301-1311
Burlingame Avenue, City of Burlingame, County of San Mateo, California; submitted
applications for approval of Variances from section 25.36.075 of the zoning ordinance, requiring
a minimum lot size of 5,000 square feet and lot frontage of fifty (50) feet and a Tentative and
Final Parcel Map for said property, in order to divide the property, containing a land area of
9,226 square feet, into two lots; Parcel A containing 4,516 square feet and 48.81 feet of lot
frontage and Parcel B containing 4,710 square feet and 51.25 feet of lot frontage; and
WHEREAS, on October 25, 2010, the Planning Commission conducted a duly noticed
public hearing to consider the property owner's requests for a Negative Declaration, Variances
for lot size and lot frontage, 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
WHEREAS, on October 25, 2010, 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 5-0-2 (Commissioners Yie and Vistica absent); and
WHEREAS, on November 1, 2010, the City Council of the City of Burlingame conducted
a duly noticed public hearing to consider the property owner's requests for a Negative
Declaration, Variances for lot size and lot frontage 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
NOW, THEREFORE, IT IS RESOLVED AND DETERMINED by the City Council of the City of
Burlingame the requests for a Negative Declaration, Variances from Section 25.36.075 of the
Zoning Ordinance requiring a minimum lot size of 5,000 square feet and lot frontage of fifty
(50) feet in the C-1 District for subdivision of a parcel into two lots, on property located at
1301-1311 Burlingame Avenue (APN: 029-202-060 and 029-202-070) are approved, subject
to the following conditions:
1. 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.
Cathy Baylock, Mayor
I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the
Burlingame City Council held on the 1St day of November, 2010, by the following vote to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Mary Ellen Kearney, City Clerk
i�
''�''�`�''� CITY OF BURLINGAME
�',�;,,<,�;, o
�( fl,, � ' COMMUNITY DEVELOPMENT DEPARTMENT
ru�:����,4ME 501 PRIMROSE ROAD "= •'` ="�'�"�'�'.�`�'''
i 3 � 5 �+��' � 4 `�'SP
I �'��� BURLINGAME, CA 94010 .''-�� '�•�
, � . �r� ,��"�_
� �� PH: (650) 558-7250 e FAX: (650) ;696 3�7�: � _���
www.burlingame.org �d�' ,��,�.�� �
���� Y�.� � �� � _ �
3�,'^'.ia`'.7 � a r'�',:i
- - ' - --"c=¢a...
Site: 1301 — 1311 BURLINGAME AVENUE
� , � _��:i�3:� :'j.
_y �� ��� ��
i:t�i{ed Fnm �=0ia7
frl�C ��ver`3',-.+.�.�e�
The City of Burlingame City Council announces the following PU�LIC HEARING
public hearing on MONDAY, NOVEMBER 1, 2010 at 7:U0 NOTICE
P.M. in the City Hall Council Chamhers, 501 Primrose Road,
Burlingame, CA:
Application for Negative Declaration, Variances f�r lot size and
lot frontage and Tentative and Final Parcel Map far a lot split
of one lot into two iots at 1301 — 1311 BURLINGAiNE
AVENUE zoned C-1, Suharea A, Burlingame bvenue
Commercial Area. APNs 029-202-060 & 070
Mailed: October 22, 2010
(Please refer to other side)
City of Burlinaame
A copy of the application and pians for this project may be reviewed prior to
the meeting at the Community Developmen� Department at 501 Primrose
Road, Burlingame, California. ,
If you challenge the subject application(s) in court, you may be limited to
raising only those issues you or someone else raised at the public hearing,
described in the notice or in'written correspondence delivered to the city at or
prior to the public hearing.
Property owners who receive this notice are responsible for informing their
tenants about this notice. '
For additional information, please call (650) 558-7250. Thank you.
William Meeker
Community Development Director
PU�L.IC HEARING NOTICE
(Please refer to other side)
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City of Burlingame
Variance for Lot Size and Lot Frontage
Item No. 4a
Action Item
Address: 1301 — 1311 Burlingame Avenue Meeting Date: October 25, 2010
Request: Application for Variances for lot size and lot frontage for a lot split of one lot into two lots, Parcel A
and Parcel B.
Applicant: Avtar Johal APN: 029-202-060 and -070
Property Owner: Avtar Johal Revocable Trust/Trust B Under the Johal Family Trust/Jagir K. Johal 2001
Irrevocable Trust
Land Surveyor: B& H Surveying, Inc.
General Plan: Commercial Uses — Shopping & Service
Zoning: C-1, Subarea A, Burlingame Avenue Commercial Area
CEQA Status: Refer to attached Negative Declaration No. ND-557-P.
Lot Area: 9,226 SF (current)
Parcel A — 4,516 SF (proposed)
Parcel B — 4,710 SF (proposed)
Environmental Review: Since the project consists of the subdivision of property which requires a Variance for
lot size and lot frontage, the project is subject to the requirements of the California Environmental Quality Act.
Planning staff prepared an initial study for this project for review by the Planning Commission. 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.
557-P). The Negative Declaration was circulated for 20 days for public review. The 20-day review period ended
on October 21, 2010. There were no comments 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
Planning Commission observation and experience, are consistentwith the finding of no significant environmental
impact.
Summary: The subject lot currently contains two commercial buildings. The building at 1301 Burlingame
Avenue, referred to as Parcel A in the Tentative Parcel Map, is occupied by Apple (retail store). The building at
1309-1311 Burlingame Avenue, referred to as Parcel B, is occupied by Teacake Bake Shop at 1309 Burlingame
Avenue (food establishment) and Gymboree at 1311 Burlingame Avenue (retail store). The uses in these
buildings are in conformance with the zoning district. The existing building on Parcel A is completely
independent of the building on Parcel B.
The property owner recently listed Parcel B(1309 and 1311 Burlingame Avenue) for sale and was under the
assumption that this Parcel was separate from Parcel A since it had a separate assessor's parcel number (see
attached parcel map). However, a title report revealed that the two parcels had never been formally subdivided.
The applicant is now proposing to split the subject lot into two lots, referred to as Parcel A and Parcel B in the
Tentative Parcel Map.
The Tentative Parcel Map, date stamped August 17, 2010, shows how the existing 100.06 footwide lotwould be
subdivided into two lots. Parcel A would have 48.81 feet of street frontage on Burlingame Avenue and 92 feet of
street frontage on Park Road, and would measure 4,516 square feet in area (lot has irregular front and rear
property line dimensions). Parcel B would have 51.25 feet of street frontage on Burlingame Avenue and would
measure 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 (Minimum lot size and street frontage.) requires that each lot in
this district shall have an area of at least 5,000 square feet and a street frontage of at least 50 feet. Since each
lot is proposed to have an area less than 5,000 square feet (4,516 square feet and 4,710 square feet proposed),
a request for Variance for lot size is required. In his letter dated August 17, 2010, the applicant notes that
"although Parcel B is slightly less than the minimum lot size, it has more than adequate frontage to support two
Variance for Lot Size and Lot Frontage 1301-1311 Burlingame Avenue
storefronts. The two stores present a typical fa�ade to the public." In addition, since Parcel A has a frontage of
less than 50 feet (48.81 feet proposed), a request for Variance for lot frontage is required. Variances may be
granted, in accordance with the provisions of Chapter 25.54 (variance findings). The following application is
required:
• Variance for lot size for Parcel A and Parcel B(4,516 square feet proposed for Parcel A and 4,710
square feet proposed for Parcel B, where 5,000 square feet lot size is the minimum required) (Code
Section 25.36.075); and
� Variance for lot frontage for Parcel A(48.81 feet frontage on Burlingame Avenue proposed, where 50
feet lot frontage is the minimum required) (Code Section 25.36.075).
The Tentative Parcel Map shows the footprints of the existing buildings on each proposed Parcel. With this
application, there are no improvements or changes to the uses proposed in the existing commercial buildings.
Since the existing building on Parcel A is completely independent of the building on Parcel B, there are no issues
with buildings extending across property lines.
Staff Comments: See attached memos from the City Engineer, Senior Planner, Chief Building Official and Fire
Marshal.
Planning staff would note that since this request for Variances for lot size and lot frontage is for a lot split of one
lot into two lots with no changes to the existing commercial buildings, the application was placed directly on the
action calendar. If the Commission feels there is a need for more discussion, this item may be placed on a
future action calendar for a second review and/or public hearing with direction to the applicant.
Findings for a Negative Declaration: For CEQA requirements the Planning Commission must review and
approve the Negative Declaration (ND-557-P) finding, on the basis of the initial study and any comments
received in writing or at the public hearing, that there is no substantial evidence that the project will have a
significant (negative) effect on the environment.
Required Findings for Variance: In order to grant a variance for lot size and lot frontage, the Planning
Commission must find that the following conditions exist on the property (Code Section 25.54.020 a-d):
a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved
that do not apply generally to property in the same district;
b) the granting of the application is necessary for the preservation and enjoyment of a substantial property
right of the applicant, and to prevent unreasonable property loss or unnecessary hardship;
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; and
d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing
and potential uses of properties in the general vicinity.
2
Variance for Lot Size and Lot Frontage
Planning Commission Action:
1301-1311 Burlingame Avenue
The Planning Commission is asked to consider making a recommendation regarding the following requests to
City Council:
• Negative Declaration and Variances for lot size and lot frontage for a lot split of one lot into two lots,
Parcel A and Parcel B; and
• Tentative and Final Parcel Map for a lot split of Portion of Lot 8, Block 5, Town of Burlingame No. 1
Subdivision, 1301-1311 Burlingame Avenue — PM 10-02.
The Planning Commission's recommendation includes the following conditions of approval:
that the Vesting Tentative & Final Parcel Map shall be recorded at the San Mateo County Recorders
Office and copy of the recorded document shall be submitted to the Department of Public Works; and
2. that the conditions of the City Engineer's August 14, 2010 memo, the Senior Planner's August 12, 2010
memo, the Chief Building Official's August 4, 2010 memo and the Fire Marshal's August 2, 2010 memo
shall be met.
Ruben Hurin
Senior Planner
c. Avtar Johal, applicant
Mark D. Hudak, representative for applicant
Attachments:
Negative Declaration ND-557-P
Current San Mateo County Assessor's Parcel Map
Application to the Planning Commission
Explanation Letter Submitted by Mark D. Hudak, dated August 17, 2010
Variance Form
Staff Comments
Notice of Public Hearing — Mailed October 15, 2010
Aerial Photo
3
CITY OF BURLINGAME �;��}� COMMUNITYDEVELOPMENTDEPARTMENT
HURLINGtIME Planning Division
City Hall — 501 Primrose Road ��_ �� PH: (650) 558-7250
Buriingame, California 94010-39�7 '•�',• �.'-�'.�,., '" FAX: (650) 696-3790
NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION
To: Interested Individuais From: Citv of Burlinqame
Countv Clerk of San Mateo Communitv Development Department
Planninq Division
501 Primrose Road
Burlinqame, CA 94010
Subject: Notice of Intent to Adopt a Negative Declaration (ND-557-P)
Project Title: 1301-1311 Burlingame Avenue, Lot Split of Parcel into Parcel A and Parcel B
Project Location: 1301-1311 Burlingame Avenue, Burlingame, CA 94010
Project Description: The project includes a lot split and Variances for lot size and lot frontage to split
one lot into two lots, referred to as Parcel A and Parcel B in the Tentative Parcel Map.
The existing 100.06 foot wide lot would be subdivided into two lots. Parcel A would have 48.81 feet of
street frontage on Burlingame Avenue and 92 feet of street frontage on Park Road, and would measure
4,516 square feet in area (lot has irregular front and rear property line dimensions). Parcel B would
have 51.25 feet of street frontage on Burlingame Avenue and would measure 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 (Minimum lot size and street frontage.) requires that
each lot in this district shall have an area of at least 5,000 square feet and a street frontage of at least
50 feet. Since each lot is proposed to have an area less than 5,000 square feet (4,516 square feet and
4,710 square feet proposed), a request for Variance for lot size is required. In addition, since Parcel A
has a frontage of less than 50 feet (48.81 feet proposed), a request for Variance for lot frontage is
required. Variances may be granted, in accordance with the provisions of Chapter 25.54 (variance
findings).
In accordance with Section 15072(a) of the California Environmental Quality Act (CEQA) Guidelines, notice is
hereby given of the City's intent to adopt a Negative Declaration for the project listed above. A negative
declaration is prepared for a project when the initial study has identified no potentially significant effect on the
environment, and there is no substantial evidence in the light of the whole record before the public agency that
the project may have a significant effect on the environment. The City of Burlingame has completed a review of
the proposed project, and on the basis of an Initial Study, finds that the project will not have a significant effect
upon the envirorment. The C�ty has prepared a Negative Declaration and Initial Study that are available for
public review at City Hall, 5G1 Primrose Road, Burlingame, California, 94010.
As mandateci by S2ate Law, the minimum comment period for this document is 20 (twenty) days and begins on
October 1, 2010. Comments may be submittec� during the review period and up to the tentatively scheduled
public hearing on October 25, 2010. Persons having comments concerning this project, including objections to
the basis of determination set forth in the Initial Study/Negative Declaration, are invited to furnish their comments
summarizing the specific and factual basis for their comments, in writing to: City of Burlingame Community
Development Department — Planning Division. Pursuant to Public Resources Code Section 21177, any legal
challenge to the adoption of the proposed Initial Study/Negative Declaration will be limited to those issues
presented to the City during the public comment period described above.
PUBLIC NEARING: The Planning Commission hearing to review the proposed Tentative Parcel Map for lot split
and Variances for !ot size and lot frontage at 1301-1311 Burlingame Avenue, and the Negative Declaraiion and
Initial Study for this project has been tentatively scheduled for October 25, 2010 at 7:00 p.m. in the Councii
Chambers of City Hall, 501 Primrose Road, Burlingame, California.
Posted: October 1, 2010
INITIAL STUDY SUMMARY - ENVIRONMENTAL CHECKLIST
�a
Project Title:
Lead Agency Name and Address:
1301-1311 Burlingame Avenue, Lot Split of Parcel into
Parcel A and Parcel B
City of Burlingame, Community Development
Department - Planning Division
501 Primrose Road, Burlingame, CA 94010
3
�
5.
0
7
Contact Person and Phone Number:
Project Location:
Project Sponsor's Name and Address:
General Plan Designation:
Zoning: C-1, Subarea A
William Meeker, Community Development Director
(650) 558-7250
1301-1311 Burlingame Avenue
Burlingame, California 94010
Avtar Johal
1300 Burlingame Avenue
Burlingame, CA 94010
Commercial Uses: Shopping and Service
APN: 029-202-060 & 029-202-070
8. Description of the Project: The proposal is for a lot split of one lot (APN: 029-202-060 & 029-202-070)
into two lots, Parcel A and Parcel B. A title report revealed that the parcel had never been formally
subdivided. The applicant is now proposing to split the subject lot into two lots, referred to as Parcel A
and Parcel B in the Tentative Parcel Map.
The Tentative Parcel Map, date stamped August 17, 2010, shows how the existing 100.06 foot wide lot
would be subdivided into two lots. Parcel A would have 48.81 feet of street frontage on Burlingame
Avenue and 92 feet of street frontage on Park Road, and would measure 4,516 square feet in area (lot
has irregular front and rear property line dimensions). Parcel B would have 51.25 feet of street frontage
on Burlingame Avenue and would measure 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 (Minimum lot size and street frontage.) requires that each
lot in this district shall have an area of at least 5,000 square feet and a street frontage of at least 50 feet.
S�nce each lot is proposed to have an area less than 5,000 square feet (4,516 square feet and 4,710
square feet proposed), a request for Variance for lot size is required. In his letter dated August 17, 2010,
the applicant notes that "although Parcel B is slightly less than the minimum lot size, it has more than
adequate frontage to support two storefronts. The two stores present a typical fa�ade to the public." In
addition, since Parcel A has a frontage of less than 50 feet (48.81 feet proposed), a requestforVariance
for lot frontage is required.
This project is subject to CEQA because variances for lot size and lot frontage are required as part of the
lot split.
9. Surrounding Land Uses and Setting: The existing lot is located in the Burfingame Avenue Commercial
Area, within the City of Burlingame and measures 9,226 square feet in area. The lot is surrounded by
one and two-story commerciai buildings and a public parking lot. The subject lot currently contains two
commercial buildings. The building at 1301 Burlingame Avenue, referred to as Parcel A in the Tentative
Parcel Map, is occupied by Apple (retail store). The building at 1309-1311 Burlingame Avenue, referred
to as Parcel B, is occupied by Teacake Bake Shop (food establishment) and Gymboree (retail store).
10. Other public agencies whose approval is required: There are no permits required from other public
agencies. A building permit will be required from the Burlingame Community Development Department,
Building Division for any future improvements within the buildings on the lots.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a"Potentially Significant ImpacY' as indicated by the checklist on the following pages.
Land Use and Planning Biological Resources Aesthetics
Population and Housing Mineral Resources Cuitural Resources
Geology and Soils Hazards & Hazardous Recreation
Materials
Hydrology & Water Noise Agricultural Resources
Quality
Air Quality Public Services Mandatory Findings of Significance
Transportation/Traffic Utilities and Service
Systems
DETERMINATION: (To be completed by the Lead Agency).
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE X
DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be
a significant effect in this case because revisions in the project have been made by or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
I find that the proposed project MAY have a" potentiaily significant impacY' or " potentially significant unless
mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based
on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION, and (2) have been avoided or mitigated pursuant to that eariier EIR or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,
nothing further is required.
;� . - ,
/�� �/•r`.�r/ �v' ' / L �
C ' �/ � ( � �j
Will Meeker, Community Development Director Date
Issues and Supporting Information Sources Sources Potentially Potentiaily � Less Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
i Incorporated
1. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? 1,2 X
b) Conflict with any applicable land use plan, policy, or 1,2 X
regulation of an agency with jurisdiction over the
project (including, but not limited to the general plan,
specific plan, local coastal program or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan 2 X
or natural community conservation plan?
2. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, 1,3 X
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, 3 X
necessitating the construction of replacement
housing elsewhere?
c) Displace substantial numbers of people, 3 X
necessitating the construction of replacement
housing elsewhere?
3. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial 5,6,7 X
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as delineated 5,6,7 X
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on otner substantial evidence of a
known fault? Refer to Division of Mines and Geology
Special Publication 42.
ii) Strong seismic ground shaking? 5,6,7 X
iii) Seismic-related ground failure, including 5,6,7 X
liquefaction?
iv) Landslides? 6 X
b) Result in substantial soil erosion or loss of topsoil? 5 X
c) Be lo�ated on a geologic unit or soil that is unstable, 5,6 7 X
er that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d) Be located on expansive soil, as defined in Table 18- 5,6 X
1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the 5 X
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
-4-
Issues and Supporting Information Sources Sources Potentially Potentially �ess Than No
Significant Significant Significant Impacf
Issues Unless Impact
Mitigation
Incorporated
4. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste 1,14 X
discharge requirements?
b) Substantially deplete groundwater supplies or 1 X
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
(e.g., the production rate of pre-existing nearby wells
would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage pattern of the 1,14 X
site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation on- or off-
site?
d) Substantially alter the existing drainage pattern of the 1,14 X
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner
which would result in flooding on- or off-site?
e) Create or contribute runoff water which would exceed 1,14 X
the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff?
f) Otherwise substantially degrade water quality? 1,4,14 X
g) Place housing within a 100-year flood hazard area as 8 X
mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area structures 8 X
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of 1,8 X
loss, injury or death involving flooding, including
floodirg as a result of the failure of a levee or dam?
j) lnundation by seiche, tsunami, or mudflow? 1,6 X
5. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or
air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the 1,9 X
applicable air quality plan?
b) Violate any air quality standard or contribute to an 1,9 X
existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of 1,9 X
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant 1,9 X
concentrations?
-5-
Issues and Supporting Information Sources sou�ces Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Uniess Impact
Mitigation
Incorporated
e) Create objectionable odors affecting a substantial 1,9 X
number of people?
6. TRANSPORTATIONITRAFFIC. Would the project:
a) Cause an increase in traffic which is substantial in 2,14 X
relation to the existing trafFic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level of 14 X
service standard established by the county
congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including 1,13 X
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design 1,14, X
feature (e.g. sharp curves or dangerous 15
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access? 14,16, X
17
f) Result in inadequate parking capacity? 2,14 X
g) Conflict with adopted policies, plans, or programs 1,4 X
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
7. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or 1,11 X
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial or adverse effect on any riparian 1,11 X
habitat or other sensitive natural community identified
in local or regional plans, policies, and regulations or
by the California Department of Fish and Game or
US Fish and Wildlife Service?
c) Have a substantial adverse effect on federally 1,11 X
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any 1,11 X
native or resident or migratory fish or wildlife species
or with established native resident or migratory
wiidlife corridors, or impede the use of native wifdlife
nursery sites?
Q�
Issues and Supporting Information Sources Sources Potentialiy Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
e) Conflict with any local policies or ordinances 1,2 X
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat 1,11 X
Conservation Plan, Natural Community Conservation
Pian, or other approved local, regional, or state
habitat conservation plan?
8. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral 1 X
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important 1 X
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the 1,10 X
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the 1,2,12 X
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or 1,12 X
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of 12 X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e) For a project located within an airport land use plan 1, 12, X
or, where such a plan has not been adopted, within 13
two miles of a public airport or public use airport,
would the project result in a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private airstrip, 1 X
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with 1,10 X
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of 1 X
loss, injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
-7-
Issues and Supporting Information Sources so���es Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
10. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels 1,2 X
in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive 1,2 X
groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise 1 X
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in 1,2 X
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan 1,2 X
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, 1 X
would the project expose people residing or working
in the project area to excessive noise levels?
11. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically altered government facilities,
the construction of which could cause significant environmental impacts, in order to maintain acceptable service
ratios, response times or other performance objectives for any of the public services:
a) Fire protection? 1,17 X
b) Police protection? 1 X
c) Schools? 1 X
d) Parks? 1 X
e) Other public facilities? 1 X
12. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the 1,14 X
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or 1,14 X
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm 1,14 X
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the 1,14 X
project from existing entitlements and resources, or
are new or expanded entitlements needed?
e) Result in a determination by the wastewater 1,14 X
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
projecYs projected demand in addition to the
provider's existing commitments?
�
Issues and Supporting Information Sources Sources Potentially I Potentially Less Than No
5ignificant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
f) Be served by a landfill with sufficient permitted 1,14 X
capacity to accommodate the projecYs solid waste
disposal needs?
g) Comply with federal, state, and local statutes and 1,14 X
regulations related to solid waste?
13. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 1,2 X
b) Substantially damage scenic resources, including, 1 X
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 1,2, 14 X
quality of the site and its surroundings?
d) Create a new source of substantial light or glare 1,4 X
which would adversely affect day or nighttime views in
the area?
14. CULTURAL RESOURCES. Would the project:
a) Create a substantial adverse change in the 1,14 X
significance of a historical resource as defined in
'15064.5?
b) Cause a substantial adverse change in the 1,14 X
significance of an archaeological resource pursuant
to ' 15064.5?
c) Directly or indirectly destroy a unique paleontological 1,14 X
resource or site or unique geological feature?
d) Disturb any human remains, including those interred 1,14 X
outside of formal cemeteries?
15. RECREATION.
a) Would the project increase the use of existing 1,14 X
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or 1,14 X
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
16. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing
impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland or 1 I X
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
b) Confiict with existing zoning for agricultural use, or a 1 Y,
Williamson Act contract?
�
Issues and Supporting Information Sources Sources Potentially Potentiaily Less Than No
S�gnificant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
c) Involve other changes in the existing environment 1 X
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
17. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the 1 X
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually 1 X
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects)?
c) Does the project have environmental effects which will 1 X
cause substantial adverse effects on human beings,
either directly or indirectly?
-10-
Initial Study Summary 1301-1311 Burlingame Avenue
18. SOURCE REFERENCES
1 The City of Burlingame General Plan, Burlingame, California, 2002, 1985 and 1984 amendments.
2 City of Burlingame, Municipal Code, Title 25 - Zoning, Burlingame, California, 2009 edition.
3 City of Burlingame City Council, Housing Element, City of Burlingame, Burlingame, California, 2002.
4 2000 Census
5 Department of the Interior, U.S. Geological Survey, San Francisco Bay Region, Sheet 3, 1:125,000, 1981.
6 E. Brabb, E. Pampeyan, and M. Bonilla, Landslide Susceptibility in San Mateo County, San Mateo County,
California, 1972.
7 Perkins, Jeanne, Maps Showing Cumulative Damage Potential from Earthquake Ground Shaking, U.S.G.S.
Map MF, San Mateo County: California, 1987.
8 Map of Approximate Locations of 900-year Flood Areas, from the National Flood Insurance Program Flood
Insurance Maps, September 16, 1981
9 BAAQMD CEQA GUIDEL/NES, Assessing the Air Quality lmpacts of Projects and Plans, December, 1995
10 San Mateo County Congestion Management Program, 1997
11 Map of Areas of Special Biological Importance, San Francisco and San Mateo Counties, California, State
Department of Fish and Game
12 State of California Hazardous Waste and Substances Sites List, April 1998
13 San Mateo County Comprehensive Airport Land Use Program, San Francisco International Airport,
December, 1994
14 Tentative Parcel Map, date stamped August 17, 2010
15 City of Burlingame, Public Works Department — Engineering Division Memo dated August 14, 2010
16 City of Burlingame, Chief Building Official's Memo dated August 4, 2010
17 City of Burlingame, Fire Marshal's Memo dated August 2, 2010
-11-
Initial Study Summary 1301-1311 Burlingame Avenue
Land Use and Planning Summary: No Impact. The subject lot currently contains two commercial buildings.
The building at 1301 Burlingame Avenue, referred to as Parcel A in the Tentative Parcel Map, is occupied by
Apple (retail store). The building at 1309-1311 Burlingame Avenue, referred to as Parcel B, is occupied by
Teacake Bake Shop (food establishment) and Gymboree (retail store). The uses in these buildings are in
conformance with the zoning district. The existing building on Parcel A is completely independent of the building
on Parcel B.
The property owner recently listed Parcel B for sale and was under the assumption that this Parcel was separate
from Parcel A since it had a separate assessor's parcel number. However, a title report revealed that the two
parcels had never been formally subdivided. The applicant is now proposing to split the subject lot into two lots,
referred to as Parcel A and Parcel B in the Tentative Parcel Map.
The Tentative Parcel Map, date stamped August 17, 2010, shows how the existing 100.06 foot wide lot would be
subdivided into two lots. Parcel A would have 48.81 feet of street frontage on Burlingame Avenue and 92 feet of
street frontage on Park Road, and would measure 4,516 square feet in area (lot has irregular front and rear
property line dimensions). Parcel B would have 51.25 feet of street frontage on Burlingame Avenue and would
measure 4,710 square feet in area.
Burlingame Municipal Code Section 25.36.075 (Minimum lot size and street frontage.) requires that each lot in
this district shall have an area of at least 5,000 square feet and a street frontage of at least 50 feet. Since each
lot is proposed to have an area less than 5,000 square feet (4,516 square feet and 4,710 square feet proposed),
a request for Variance for lot size is required. In addition, since Parcel A has a frontage of less than 50 feet
(48.81 feet proposed), a request for Variance for lot frontage is required. Variances may be granted, in
accordance with the provisions of Chapter 25.54 (variance findings).
The Tentative Parcel Map shows the footprints of the existing buildings on each proposed Parcel. With this
application, there are no improvements or changes to the uses proposed in the existing commercial buildings.
Since the existing building on Parcel A is completely independent of the building on Parcel B, there are no issues
with buildings extending across property lines.
The Zoning Code allows commercial uses, including retail and food establishments, and there is not change to
the existing uses proposed. The existing retail stores and food establishment is consistent with the General Plan
designation, which is Commercial Sales — Shopping and Service. Therefore, this proposal is consistentwith the
General Plan and zoning requirements. Approval of the Parcel Map results in two lots that are similar in size,
shape and configuration to other developed lots within the vicinity.
Since there are no changes proposed to the existing commercial buildings and uses on the proposed lots, the
proposed lot split will not divide an established community and wi{I be in keeping with the comme� cial nature of
the surrounding neighborhood. There are no habitat conservation plans or natural corr�munity conservation
plans in effect within the project area. Accordingly, the proposed project would not conflict with any habitat
conservation or natural community conservation plans and therefore have no impact.
Population and Housing Summary: IVo Impaci. This site and the surrounding area are planned for pedestrian
oriented commercial uses. The proposed lot split will be reviewed for compliance to the City of Burlingame
General Plan and Zoning Code regulations and does not represent any alteration to the planned land use in the
area. The project is consistent with the City's Hcusing Element. The lot split and variances will not displace any
existing housing units or residents. Therefore, the proposed project would have no impact on the displacement
of existing homes.
-12-
Initial Study Summary
1301-131 i Burlingame Avenue
Geologic Summary: No Impact. The site is located in the Burlingame Avenue Commercial Area. The lot is
surrounded by one and two-story commercial buildings and a pubiic parking lot. The subject lot currently
contains two commercial buildings.
The site is approximately 3 miles northwest of the San Andreas Fault, and 17 miles northwest of the Hayward
Fault, but is not within the Alquist-Priolo zone. There are no known faults on the site. Because the project site is
in proximity to several faults, it is likely that the site will be subject to seismic shaking and other earthquake-
induced effects. During a major earthquake on a segment of one of the nearby faults, strong shaking is
expected to occur at the project site. Most Burlingame soils are reasonably stable. Because of the strong
subsurface materials and the absence of subsurface flows, it is unlikely that liquefaction of the foundation soils
would occur. Since commercial buildings exist on the property and there are no changes proposed to the
buildings, no impact would result.
Water Summary: No Impact. This project includes a lot split of one lot into two parcels with no changes to the
existing commercial buildings. The subject property is not adjacent to a waterway. The project site is located in
Flood Zone B, which is outside the 100-year flood zone. The site is tied into an existing 6-inch water main and
existing storm water collection distribution lines and there is adequate capacity in the system. No impacts would
result from the approval of the variances for the lot split.
Air Quality Summary: No Impact. Since the application for a lot split involves no construction or alterations to
the existing commercial buildings on the parcels, the approval of the variances for the lot split will not create any
deterioration in the air quality or climate, locally or regionally and therefore have no negative impact on air qualiiy.
Transportation/Circulation Summary: No Impact. The subject lot is located at the corner of Burlingame
Avenue and Park Road. Burlingame Avenue is a collector street that provides access to EI Camino Real and
California Drive, both regional arterials. All arterial, collector, and local roadwaysystems in the City have had the
capacity to accommodate the existing commercial uses.
The proposed lot split would not conflict with any plans supporting alternative transportation. Since there is not
construction or alteration to the existing commerc;al b�ilding and uses, there will be no impacts on
transportation/circulation.
Biological Resources Summary: No Impact. The project site exists within an existing downtown commercial
area developed with one and two-story commercial buildings. The entire site is devoid of any sensitive biological
resources. There are no known rare, endangered, or sensitive habitats that exist either on-site or in proximity to
the project. There are no wetlands occurring onsite, nor are there any resident migratory fish or wildlife species.
Therefore, there are no impacts to biological resources with the proposed lot splii.
Energy and Mineral Resources Summary: No Impact. There are no known mineral resources located within
the boundaries of the project site, which currently contains two commercial buildings. All gas and electric
services are in place for service to the existing commercial buildings. Therefore, no impacts to energy and
mineral resources will occur with the proposed lot split.
Hazards Summary: No Impact. Since commercial buildings exist on the property and there are no alterations
proposed to the buildings, the proposed lot split and variances wil� not create a significant hazard to the public or
result in the routine transport, use or disposal of hazardous materials. The underlying project site is not included
on a list of hazardous materials sites and does not create a significant hazard to the public or the environment.
The site is not located within an airport land use plan and will not result in a safety hazard for people residing or
working in the project area with the proposed lot split. The project is not within the vicinity of a private airstrip.
-13-
Initial Study Summary 1301-1311 Burlingame Avenue
The proposed variances for the lot split will not impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan. In addition, the proposed lot split will not expose
people or structures to a significant risk of loss, injury or death involving wild land fires and is in an urbanized
area. Therefore, the proposed lot split is not associated with potential impacts associated with hazardous
materials.
Noise Summary: No Impact. The project site is located in a downtown commercial area, with existing
commercial uses surrounding this site. No noise impacts will result from the approval of the lot split and
variances since there is no construction or alterations proposed to the existing commercial buildings on the
parcels.
Public Services Summary: No Impact. The proposed lot split will not have an impact on the provisions of
public services, since adequately sized existing public facilities are in place to service the existing commercial
buildings. Since all existing public and governmental services in the area have capacities that can accommodate
the existing uses, there is no impact on public services.
Utilities and Service Systems Summary: No Impact. There are existing 6-inch sewer lines on Burlingame
Avenue and Park Road that have the capacity to serve the existing commercial buildings. The proposed lot split
will not have an impact on the existing service systems and the existing sewer lines have the capacity to
accommodate the existing commercial buildings.
Aesthetics Summary: No Impacf. The subject lot currently contains two commercial buildings. The building at
1301 Burlingame Avenue, referred to as Parcel A in the Tentative Parcel Map, is occupied byApple (retail store).
The building at 1309-1311 Burlingame Avenue, referred to as Parcel B, is occupied by Teacake Bake Shop
(food establishment) and Gymboree (retail store). The existing building on Parcel A is completely independent of
the building on Parcel B.
Since there are no alterations proposed to the existing commercial buildings, the proposed lot split and variances
will not have an impact on aesthetics.
Cultural Resources Summary: No Impact. There are no known prehistoric or historic archeological sites or
cultural resources at the location of the proposed lot split. There are no potential impacts related to unknown
cultural resources since there is no construction proposed with the application for a lot split and variances.
Recreation Summary: No Impact. The proposed lot split and variances will have no impacts to local and
regional recreation facilities. The proposed lot split does noi replace or destroy any existing recreationa!
facilities, nor does it displace any proposed or planned recreational opportunities for the City of Burlingame. The
site involved in this project is not presently zoned or used for recreational uses.
-14-
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COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010
p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org
APPLICATION TO THE PLANNING COMMISSION
Type of application:
❑ Design Review � Variance � Parcel #: 02 `� -Zoz -07 b I Oz�l - 21.�Z - C'��
❑ Conditional Use Permit ❑ Special Permit ❑ Other:
PROJECT ADDRESS: �� o f -� 3o q'- I 3 1` ��S��.l1�C'stP��/l� �� �� ��
� Please indicate the contact person for this project
APPLICANT project contact person�(
OK to send electronic copies of documents,�
�� i � � � �
Address: l'�o� �`�J��� - �� ,
PROPERTY OWNER project contact person ❑
OK to send electronic copies of documents ❑
Name: SC� ��r�1Ck�r''�'� i�'T " 2 `
Address:
City/State/Zip: T�J�I_1 t�Cst'�Wl� C'1�- �����City/State/Zip:
Phone: (4Lo�0 � � `f Z - � � `�
Fax: <C� SC� ) 3� Z � z'7 `r3 Co
E-mail: �}-�-r�C��1 Co @ `f W-t-�oo • Lo�►'1
ARCHITECT/DESIGNER Pro)ect contact Person ❑
OK to send electronic copies of documents ❑
Name: 9� � �-
Address:
City/State/Zip:
Phone:
Fax:
E-mail:
�k Burlingame Business License #: 6� � �
_T, P�-.���,�;;;��`:
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�'�,l.l�. � ��� ?O�1C1
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p!_c`,�;N,I`.;.i ._ -. .-.
PROJECT DESCRIPTION: Sv � i� �� � S 1 � t� c�i C�j ST1 N G— L��nnm} p � 1►�1.�
�S� o(�_ � � �� .
AFFADAVIT/SIGNATURE: I hei
best of my knowledge and belief.
Applicant's signature:_��
I am aware of the proposed
Commission.
Property owner's signature:
under penalty of perjury that the information given herein is true and correct to the
Date: �� �b � �( v
y authorize the above applicant to submit this application to the Plannin�
Phone:
Fax: _
E-mail:
Date: ��i6 " ?iD � D
Date submitted: $ — l� " � �
* Verification that the project arc�ct/designer has a valid Burlingame business license will be required by the
Finance Department at the time application fees are paid.
❑ Please mark one box above with an X to indicate the contact person for this project. s:�H.alloours�Pcapplication zoo8.hondour.doc
This Space for CDD
Staff Use Only
�
Project Description:
Key:
Abbreviation ` Term
CUP Conditional Use Permit
DHE Declining Hei ht Envelope
DSR Design Review
E Existing
N New
SFD Single Family Dwelling
SP Special Permit
.
ATTACHMENT "1"
PROPERTY OWNER
NAME: AVTAR JOHAL REVOCABLE TRUST / TRUST B UNDER THE
JOHAL FAMILY TRUST / JAGIR K. JOHAL 2001 IRREVOCABLE
TRUST
ADDRESS: 1300 BURLINGAME AVENUE
CITY/STATE/ZIP: BURLINGAME, CA 94010 �-�;. _��� Q y� s.r:' �'��
� ��:��.�� �. �.��_�
PHONE: (650) 342-5858
AUC. 1 7 2010
FAX: (650) 342-2786
CITY 0� E�Jn�Ii.CAi4'1E
EMAIL: AVTAR696@YAHOO.COM ����N�ti� ��PT.
,
�ARR i'�1�CL�L�A�
ihlGERSQLL THC7PJIPSC71ii & NORN
Professional Law Corporation
mhudak@carr-mcclellan.com
August 17, 2010
Mark D. Hudak
�"� ? r'�,.� �. � �� �.�. �.�
Planning Commission
City of Burlingame AU C�. 7 2010
501 Primrose Road
CITY O� UJ�i�I��CAti"E
Burlingame, CA 94010 n��.p�;y�U� D�PT.
Re: Variance A�plication for Subdivision of 1301-1311 Burlin�ame Avenuc
Dear Commissioners:
Our office represents the trustees of Trust B under the Johal Family Trust, the Avtar Johal
Revocable Trust and the Jagir K. Joha12001 Irrevocable Trust (the "Trusts"). The Trusts own
the commercial property known as 1301-1311 Burlingame Avenue. The Trusts have applied to
subdivide this property and have discovered that the two resulting parcels would be slightly
smaller than the minimum 5,000 SF lot size for commercial parcels. In addition, one of the
parcels would have slightly less than the rcquisite 50' of frontage on Burlingame Avenue. Thus,
minor variances are necessary to divide the property.
By way of background, the parcel located at the corner of Burlingame Avenue and Park Road
bears the address of 1301 Burlingame Avenue and is referred to in the Parcel Map as Parcel A.
It houses the Apple store. This lot is approximately 4,516 SF and has frontage on Burlingame
Avenue of 48.81'. It also has frontage of 92' along Park Road. The Trusts propose to retain
ownership of Parcel A.
Parcel B in the Parcel Map houses 1309 and 1311 Burlingame Avenue. The tenants are the
Teacake Bake Shop (1309) and Gymboree (1311). Parcel B is approximately 4,701 SF and has
S 1.25' of frontage on Burlingame Avenue.
The Trusts listed Parcel B for sale and the property is in escrow. The trustees and brokers were
under the impression that this Parcel was separate from Parcel A because it had a separate
Assessor's Parcel Number. However, a title report revealed that the two parcels had never been
formally subdivided.
The Apple building on Parcel A is completely independent of the building on Parcel B. There is
no logical reason for these two properties to remain as a single parcel. But, without a variance,
the Trusts will be unable to sell Parcel B unless they include the Apple building with it. This is
not in the best interests of the Trusts and represents a substantial hardship.
P 650.342.9600
216 Park Road • Burlingame • California 94010 F 650.342.7685
www.carr-mcclellan.com
Planning Commission
August 17, 2010
Page 2
The variance will work no hardship for the City or surrounding businesses. No changes to the
buildings or uses are proposed at this time. If there are any changes in the future, they will be
subject to the zoning and design criteria in effect at that time. If granted, the transition from one
property to two parcels will be seamless from the public's perspective.
Although Parcel B is slightly less than the minimum lot size, it has more than adequate frontage
to support two storefronts. The two stores present a typical fa�ade to the public. There is no
reason why this property should not be separated from Parcel A and sold to others.
From a practical standpoint, there is no means by which the Trusts could acquire more property
or frontage and conform to zoning minimums.
We appreciate the Commission's consideration of this application.
Sincerely,
f ���%�°✓/ ' � "
Mark D. Hudak
MDH:dIp
Enclosures
cc: Client
04050-00001 \iManage�3224012.1
�`��::������°�G� �. ��.�
CITY OF BURLINGAME A�� 1 7 2010
VARIANCE APPLICATION ��n o= a�,��iC�GAt�1E
Pl.ANNING DEPT.
a. Describe the exceptional or extraordinary circumstances or conditions applicable to your
property which do not apply to other properties in this area.
The properties at 1301-1309 Burlingame Avenue have separate Assessor's Parcel Numbers.
They are fully and separately developed — the 1301 Burlingame Avenue parcel has the Apple store and
the 1309-1311 Burlingame Avenue parcel has two stores in single building. Because the two buildings
are separate, it is feasible and convenient to have the legal title to them divided, as reflected in the
current Assessor's roll.
It is not possible to acquire additional square footage to cure the very minor shortfall in
minimum lot size or to increase the frontage for Parcel A.
b. Explain why the variance request is necessary for the preservation and enjoyment of a
substantial property right and what unreasonable property loss or unnecessary hardship
might result from the denial of the application.
There are many instances of relatively small parcels along Burlingame Avenue that are
separately titled and separately developed, as Parcel A and Parcel B would be if the variance is not
granted. Part of the charm of Burlingame Avenue is its many varied storefronts. Because Parcel B will
have 51.25 feet of frontage, there will be adequate room for two standard size (25') storefronts, which
will be consistent with prevailing conditions. If the variance is not granted, the owners will be unable to
sell the 1309-1311 building unless the Apple store is included. This would place the owners at a
significant disadvantage compared to other property owners in the area.
c. Explain why the proposed use at the proposed location will not be detrimental or injurious
to property or improvements in the vicinity or to public health, safety, general welfare or
convenience.
The two buildings have been developed separately and appear to the public to be separate. No
changes to the facades of the building are proposed at this time. The current uses are retail and limited
food service. These are permitted uses in this zone. No changes in the uses are proposed at this time.
Any future changes to the building facades or uses will be subject to the zoning and design criteria in �
effect at the time. There will not be any detriment to the public health, safety or convenience if the
variance is granted.
d. How will the proposed project be compatible with the aesthetics, mass, bulk, and character
of the existing and potential uses on adjoining properties in the general vicinity?
No changes to the existing buildings or uses are proposed at this time. The cunent buildings and
uses are permitted under the Zoning Code and compatible with surrounding properties, which are also
house retail and food uses. The proposed lot split will not affect nearby properties in any cognizable
manner.
04050-00001 \iManage�3224001.1
P.C.
ITEM #
MEMO TO :
FROM:
DATE:
PLANNING COMMISSION
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
AUGUST 14, 2010
SUBJECT: TENTATIVE AND FINAL PARCEL MAP FOR A LOT SPLIT OF
PORTION OF LOT 8, BLOCK 5, TOWN OF BURLINGAME NO. 1
SUBDNISION, 1301-1311 BURLINGAME AVENUE - PM 10-02
Site Information:
Zoning:
Existing Lot Size:
Proposed Lot Size:
Required Lot Size:
Required Street Frontage:
Back rg ound:
C-1 Commercial
9,226 ± Square Feet
Parcel A= 4,516 + Square Feet
Street Frontage = 48.81 Feet
Parcel B= 4,710 ± Square Feet
Street Frontage = 51.25 Feet
5,000 Square Feet
50 Linear Feet
This parcel map application proposes to subdivide one lot into two lots. Proposed parcel A does
not meet the required fifty feet (50') street frontage and required lot size of 5,000 square feet
(C.S. 25.36.075). Proposed parcel B does not meet the required lot size of 5,000 square feet.
Applicant has applied for variances for street frontage for parcel A and lot size requirements for
parcels A and B which are being processed concurrently.
The Engineering Department has reviewed the map for utilities and easements and has the
following comments:
1. No developmental approvals are part of this mapping action.
Page 1 of 2
2. �ii property corners shall be set in thE field and be shown on the map.
This mapping action should be considered as a Tentative and Final Parcel Map for the lot split to
facilitate processing. Staff will see that the Final Map is properly prepared.
/,.
Attachments: Assessor's Map, Tentative Map
U:\VICTOR�Projects�PrivateU'M ] 0.02.wpd
Page 2 of 2
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TO: �CITY PLANN�R
� CHIEF BUII.,DING OFFICIAL
FIRE MA,RSHA�,
�PARKS DIR�CT'OR
C�TY A�I'ORi�IEY
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S'F�4FF REVIEW BY M�ET'INC'r ON MONDA�`: ,�1 ����N � �
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CITY OF BURLINGAME
Community Development Department
MEMORANDUM
August 12, 2010
TO: Victor Voong
FROM: Ruben Hurin, Senior Planne
SUBJECT: Tentative and Final Parcel Map for a Lot Split of Portion of Lot 8, Block 5,
Town of Burlingame Subdivision No. 1 Subdivision, 1301-1311 Burlingame
Avenue — PM 10-02
► The proposed Iot split would create two lots; Parcel A being 4,516 square feet in area and
Parcel B being 4,710 square feet in area.
Burlingame Municipa) Code Section 25.36.075 requires each lot in this district (C-1) to have
an area of at least 5,000 square feet (4,516 square feet — Parcel A and 4,710 square feef —
Parcel B proposed) and a street frontage of at least 50'-0" (48.81' — Parcel A and 51.25' —
Parcel B proposed). Since the proposed lot split does not meet the minimum code
requirements, the applicant will need to submit a request for Variances to lot size (Parcels A
and B) and street frontage (Parcel A). This requires Planning Commission review at a public
hearing.
The proposed lot split is not categorically exempt from the California Environmental Quality
Act (CEQA) since it requires Variances for lot size and street frontage. As a result, Planning
staff will need to prepare an initial study and Negative Declaration (environmental review) for
this project for review by the Planning Commission.
Attached please find an application checklist and forms for the Variances and environmental
review.
If you should have any questions, please contact the Planning Division at (650) 558-7250.
i
RQUTING FORM
TO: `CTTY PLANNER
�CHIEF B�JII,D�NG OFFICIA�L
FIRE MARSAAL
�PARKS DIREC,`TOR
CITY A�'TORNEY ,
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.TO: � CITY PI�ANN�R
�CHIEF BUILDII�TG OFFICIAL
FIRE MARSHAY� �
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CTI'Y A1'I'ORNEY
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SFJBJ�CT: REQUEST FOR �ia�(� �f� �►�rA'�. A�vf�i �� I.� Sd'{r�,(�� QDr��c�..�i' '
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� , '' a CITY OF BURLINGAME
���;, .� �, °� C�MMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD = -
e ,� BURLINGAME, CA 94010 3.a� E�' - -
�'': , . PH: (650) 558-7250 � FAX: (650) fi���79fk-�"��`,� _
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www.burlin ame.or ,�_� �•�=•:�;� :
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Site: 1301 � 1311 BURLINGAME AVENUf
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The City of Burlingame Plnnning Commission announces the ����f �}�E��O��
follawing pu6lic hearing on ��IONDaY, OCTOBER 25, 2010 No���i�
at 7:00 ?.M. in the City Hall Councii Chambers, 501 Primro�
Rcad, Burlingame, CA:
Application for Negutive Declaration, Vuriances for lot size anr
lot frontage and Tentative and Final Parcel Map for a lot spli
of one lot into two lots at 1301 — 1311 BURLINGAM
AVENUE zoned C-1, Subarea A, Burlingame Aveni
Commercial Area. APNs 029-201-060 & 070
Maiied: October 15, 2010
(Please refer to other side)
CItV Of Bi/I'01I7,qame
A copy of the application and plans for this project may be reviewed prior to
the meeting at the Corrimunity Development Department at 501 Primrose
Road, Burlingame, California.
If you challenge the subject application(s) in court, you may be limited to
raising only those issues you or someone else raised at the public hearing,
described in the notice or in wriiten correspondence delivered to the city at or
prior to the public hearing.
Property owners who receive this notice are responsible for informing their
tenants about this notice.
For additional information, please call (650) 558-7250. Thank you.
William Meeker
CorrzmUnity Development Director
- - - ; - - �. �
(Pleas2 refer to other sideJ
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