Title
PLN18-0564 - Lot Line Adjustment - 2607 Santa Clara Avenue. A proposal to reconfigure the parcel lines between two existing properties. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 - Minor Alterations in Land Use Limitations
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BACKGROUND
On December 20, 2018, the City received an application for a lot line adjustment to reconfigure two parcels located between Santa Clara Avenue, Broadway, Janis Circle, and St. Margaret Court. Lot line adjustments are actions to move a property line between two existing parcels or to reconfigure property lines between properties. A lot line adjustment can move property lines, but it cannot create additional parcels. The application is included in Exhibit 1.
Under Alameda Municipal Code section 30-82, lot line adjustments may be approved by resolution of the Planning Board without public hearing, provided:
1. The property division is for the creation of a new property line and/or to facilitate the transfer of land from one (1) lot to adjoining lots.
2. The portion of the lot remaining after the creation of the new parcel meets all the requirements for a lot (area, width, etc.) as set forth in the City zoning regulations.
3. No street improvements or other subdivision improvements are required.
4. The proposed property division and the use of a lot adjustment map meet with the approval of both the City Engineer and Planning Director.
ANALYSIS
As shown in the application (Exhibit 1), the proposal includes reconfiguring the line between two existing parcels: a .08 acre parcel fronting on Santa Clara Avenue with one house, and a 1.5 acre parcel with frontage on Broadway, Margaret Court, and Janis Circle with 12 residential structures.
For the reasons described in the letter, the lot line adjustment proposes to merge Parcel B with Parcel A and then place a new property line resulting in “new parcel B” with three homes on it, which would be accessed from Margaret Court and Janis Circle. Therefore the applicant is beginning with two parcels and ending with two parcels.
The City Engineer and the Planning Director can make the required findings for the lot line adjustment:
1. The property division is for the creation of a new property line and/or to facilitate the transfer of land from one (1) lot to adjoining lots.
2. The portion of the lot remaining after the creation of the new parcel meets all the requirements for a lot (area, width, etc.) as set forth in the City zoning regulations.
3. No street improvements or other subdivision improvements are required.
4. The proposed property division and the use of a lot adjustment map meet with the approval of both the City Engineer and Planning Director.
However, staff would like to highlight one zoning issue related to the proposed lots to the Planning Board’s attention. The subdivision ordinance section 30-84.8.e provides that “Interior lots having double frontage will not be approved.” Staff interprets this provision to mean that new lots with double frontages shall not be created. (An interior lot is a lot that is not a corner lot on a typical rectangular residential block. Corner lots have two frontages.)
In discussions with Police, Fire, and Public Works there is no public safety problem caused by with double frontage lots. Staff assumes that the prohibition was established many years ago by the City of Alameda to ensure that new subdivisions reflect a typical City of Alameda lotting pattern. “Through” lots are not common in Alameda, but they are very common in cities with a public alleys that split blocks. In Alameda, the alleys are not public streets, they are private land with public access easements.
The proposed lot line adjustment includes two parcels with two frontages. Parcel A has frontages on Broadway and Santa Clara, and Parcel B has frontage on the Janis Circle and St. Margaret Court.
Staff believes the findings to support the lot line adjustment can be made for the following reasons:
• Under the existing Parcel A is non-conforming with four (4) frontages. The lot line adjustment reconfigures “Parcel A” to reduce the number of frontages from four (4) to two (2) frontages making Parcel A less non-conforming. The zoning code allows approval of actions to make a non-conforming building or non-conforming use “less non-conforming”, so this principle of approving a modification that makes something less non-conforming is an accepted principle in the Zoning Code.
• The “new parcel B” with 2 frontages is already fully developed with three existing homes, with existing addresses on St. Margaret Court and Janis Circle. Therefore, the lot line adjustment does not facilitate a future development that would be inconsistent with City of Alameda zoning requirements or existing neighborhood development patterns. Furthermore, the existing Parcel A already has frontages on St. Margaret’s Court and Janis Circle, so the new Parcel B is not creating a new non-conforming situation at this location.
• The creation of the lot does not create any public safety or public health problems and will not cause any problems for Fire Department, Police Department or Public Works Department response times.
For the reasons described above, staff recommends that the Planning Board approve the proposed lot line adjustment, subject to the conditions in the attached resolution.
ENVIRONMENTAL REVIEW
The action to approve a lot line adjustment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 - Minor Alterations in Land Use Limitations.
RECOMMENDATION
Approve Draft Resolution approving the Lot Line Adjustment.
Respectfully submitted,
Andrew Thomas, Planning, Building and Transportation Director
Exhibits:
1. Application
2. Draft Resolution