Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: CONSIDERATION OF A RESOLUTION APPROVING A
PARCEL MAP FOR A MINOR SUBDIVISION (LOT SPLIT) AT
766 EAST COTATI AVENUE
Date: April 9, 2024
Written by: JP Harries, Senior Planner
Recommendation
Staff and the Planning Commission recommend that the City Council conduct a public hearing and adopt a resolution finding the minor subdivision exempt from CEQA and approving a Parcel Map to provide for a lot split at 766 East Cotati Avenue.
Project Proposal
The applicant is requesting approval of a Tentative Parcel Map to subdivide a 1.32-acre parcel located at 766 East Cotati Avenue into two parcels. As proposed, Lot 1, containing the existing Chevron Gas station and convenience store, would be a rectangular shaped lot measuring 29,435± square feet and Lot 2 would be a vacant flag shaped lot measuring 29,091± square feet in size (see attached tentative parcel map). No development or physical improvements are proposed as a part of the subdivision.
Background
The current configuration of the subject property was created in 1993 when a parcel (measuring 90 ft by 154.6 ft) located at the southeast corner of East Cotati Avenue was merged with the adjacent parcel (measuring 100 ft by 442.6 ft) to the east (Parcel Map No. 93 – recorded 02-11- 1993).
After the merger, in 1994, the fuel dispensers were expanded and relocated from an area in front of the convenience store to their present location. The underground fuel storage tanks remain located in front of the convenience store. No changes in use, operation, physical improvements, or landscaping have occurred since the pump expansion and relocation project in 1994.
Planning Commission – March 18, 2024
On March 18, 2024, the Planning Commission reviewed the proposed lot split. The Commission was supportive of the proposed lot split and expressed their opinion that the lot split would likely increase the potential to develop housing on the vacant portion of the property and that it could make a good development in-fill site. As shown in the attached Resolution, the Planning Commission unanimously recommended that the City Council approve the proposed lot split.
Analysis/Discussion
Site Description
The project site is located at the southeast corner of East Cotati Avenue and Lancaster Drive.
The northern portion of the site is currently developed with the Chevron gas station, convenience store and 26 parking spaces. The southern portion is vacant. The site is flat and is largely bounded by medium to high density residential uses to the north, south, and west. A child daycare center is located on the adjacent property to the east.
Figure 1: Project Location
Land Use Designation and Zoning
The project site has split or dual zoning, which means that there is more than one land use designation and zoning district applied to the property. Split zoning ensures that development of a parcel occurs in a particular manner.
In the case of the subject parcel, the northern portion of the parcel, developed with the gas station and convenience store, has a land use designation of GC (General Commercial) while the vacant southern portion of the parcel has a land use designation of HDR (High Density Residential).
Likewise, the northern portion of the parcel is located within the CE (Commercial, East Cotati Corridor) zoning district while the southern portion is located within the NM (Neighborhood, Medium Density) zoning district. The split zoning here promotes commercial (or mixed-use) development along the East Cotati Avenue frontage, while restricting commercial development and promoting residential development on the southerly portion of the property. The same split zoning is applied to the neighboring property to the east.
Figure 2: Land Use Designation and Zoning
The proposed subdivision would divide the property along the land use designation and zoning district boundary that splits the property.
General Plan Consistency
As designed and conditioned, the proposed subdivision conforms to the General Plan and applicable zoning districts. The subdivision only divides a property along a land use designation border and does not alter or change any land use designation or zoning. The subdivision may increase the opportunity to develop residential units on the southern portion of the site, as envisioned by the General Plan, by allowing sale of that portion of the property separate from the service station and convenience store. The project is also consistent with the City’s standards for subdivisions and the provisions of the State’s Subdivision Map Act.
Subdivision Standards and Findings
The proposed subdivision conforms to all subdivision design standards set forth in Chapter
17.78. The primary applicable standards for this subdivision relate to lot size, street frontage, and setbacks.
The minimum lot size for a parcel in the CE zoning district is 6,000 square feet with a minimum width of 60 feet. Lot 1 conforms to these standards and will be 29,435± square feet and 127 feet wide. The minimum lot size for a parcel located in the NM zoning district is 5,000 square feet with a minimum width of 50 feet. Lot 2 conforms to these standards and will be 29,091 square feet and 100 feet wide. Lot 2 is known as a flag lot because it resembles a rectangular flag on a pole. The “pole” portion of the lot allows for street frontage and access from East Cotati Avenue, which is required pursuant to Cotati subdivision design standards (i.e. no land-locked parcels are allowed). When a flag lot is created, the minimum width of the pole portion of the lot must be at least 20 feet wide. Lot 2’s pole portion will measure 35 feet in width and thus conforms to the standard.
The subdivision has also been designed to conform to the setback requirements of the CE zoning district, which requires a 20-foot rear setback when abutting a residential district. As designed, the parking area for the convenience store will be 20 feet from the front property line of Lot 2 (a residential district).
To approve the subdivision, the City must make the following findings:
1. The proposed map, and/or subdivision design or improvements are consistent with the general plan and any applicable specific plan. The proposed Parcel Map divides the property along the border of two existing land use designations – GC (General Commercial) and NU (Neighborhood, Urban) and does not alter the land use designations or zoning districts. The subdivision would not conflict with the General Plan and may provide an increased opportunity to develop the residentially zoned portion of the property.
2. The site is physically suitable for the type or proposed density of development. No development or change in density is proposed as a part of the subdivision. The subdivision does not affect the development capacity of the site or adversely affect the provision of services.
3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project does not involve development of the parcels and the subdivision of land does not have an effect on the environment or increase its development capacity. As noted below, the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15315 (Class 15, Minor Land Divisions).
4. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. The division of the property does not introduce any health or safety problems. The Rancho Adobe Fire District has reviewed the subdivision and is requiring a fuel pump dispenser to be removed or relocated to maintain a minimum 10- foot distance from the newly created property line.
5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision. There are no public access easements across the property and the subdivision does not conflict with any other existing easements.
6. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The subdivision of land does not require any new hook ups to the City’s sewer system. The potential for violating the requirements of the Regional Water Quality Control Board will be examined if a development is proposed on either of the parcels.
Financial Considerations
The proposed project will not have an adverse fiscal impact on the City. All staff and consultants’ time and expenses to review, permit, and process the Parcel Map are fully covered by the project applicant.
Environmental Issues
This project is categorically exempt from the provisions of the CEQA pursuant to CEQA Guidelines Section 15315 (Class 15, Minor Land Divisions). CEQA Guidelines Section 15315 applies to projects that consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The State has determined this type of project does not have a significant effect on the environment.