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MO 1998-001 to 1998-005
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MO 1998-001 to 1998-005
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Minute Order
Document Date (6)
12/31/1998
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Appeal Page 2 <br />December 29, 1997 <br />DISCUSSION <br />The Subdivision Map Act exempts lot line adjustments from the requirements of the Map Act. A lot line <br />adjustment occurs when land is taken from one parcel and added to an adjacent parcel and where a <br />greater number of parcels than originally existed is not thereby created. In this instance, the boundaries <br />of the three parcels were reconfigured, but no new parcels were created. The lot line adjustment was <br />approved by the City Engineer on October 10, 1997. <br />The three conditions of approval for LLAMs contained within the San Leandro Subdivision Ordinance <br />are: <br />• No additional parcels or building sites have been created. <br />• The adjustment does not create the potential to further divide the parcels into more parcels than <br />would have been otherwise possible. <br />• There are no resulting violations of the San Leandro Municipal Code. <br />The LLAM was reviewed by Building, Planning and Engineering staff prior to approval and a <br />determination was made that the LLAM did meet all of the conditions of approval. <br />• Parcels or Building Sites Created. No new parcels were created by the approved LLAM. Under <br />the Municipal and Zoning Code, any of these three parcels, either in their original or <br />reconfigured shape, could have multiple buildings. An owner would only have to obtain the <br />necessary permits and meet Planning requirements, such as setbacks and floor area ratios. <br />Further, additional buildings on the parcels owned by Monarch and Costco, can only be <br />constructed if they meet the existing Planned Development and Memorandum of Understanding <br />(MOU) between the owners and the City. <br />• Potential for Further Subdivision. This reconfiguration of the parcels does not create any new <br />potential for further subdivision as this potential has always existed. Any of these property <br />owners could apply to subdivide their property, either in their existing or reconfigured shape, if <br />the resulting parcels will meet code requirements. These code requirements include zoning <br />regulations, (e.g. lot size and width), engineering conditions (such as access from a public street, <br />availability of sanitary sewers, storm drains and public utilities), and building regulations (such <br />as availability of adequate fire flow and access). The LLAM will not increase the ability of the <br />property owners to meet the code requirements or otherwise increase their ability to further <br />subdivide the property. <br />For instance, ITS could subdivide their parcel, construct a warehouse complex and sell the <br />improved individual lots, as long as the subdivision and building meet all code requirements. <br />Monarch and Costco could demolish the former Costco store, resubdivide the two parcels into <br />four and construct three new buildings as long as the new buildings met the MOU conditions as <br />to square footages and parking, and all other code requirements. <br />Is <br />
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