Title
Public hearing on comprehensive update to the City’s Subdivision Ordinance. Consider a recommendation to the City Council to adopt staff-proposed amendments to Sections 30-73 et seq. (Subdivision Regulations) of the Alameda Municipal Code, to implement the 2023-2031 Housing Element, to conform to the Subdivision Map Act and other State law, and to reflect current practice. Environmental Determination: Exempt pursuant to the common-sense exemption, CEQA Guidelines section 15061(b)(3).
Body
To: Honorable President and Members of the Planning Board
From: Steven Buckley, Secretary to the Board
EXECUTIVE SUMMARY
In furtherance of Housing Element programs and to conform to State law and current practice, Staff has drafted a comprehensive revision of the subdivision ordinance. This public hearing provides an opportunity to review revised documents in response to feedback from the Planning Board and community. The Planning Board is asked to make a recommendation to the City Council.
BACKGROUND
The Planning Board conducted a worksession on October 9, 2023 to discuss staff-proposed amendments to the subdivision ordinance and condominium conversion ordinance. The attached ordinance and decision-making table have been revised in response to those comments and further staff analysis. The condominium conversion ordinance revisions, which were presented at the worksession, are still undergoing internal review and are not presented at this meeting.
The Housing Element identifies implementation programs to “Facilitate the approval process for land divisions, lot line adjustments, and/or specific plans or master plans resulting in parcel sizes that enable affordable housing development.… related to the subdivision for projects affordable to lower-income households” and “Review and amend the Alameda Subdivision Ordinance…. to ensure that local subdivision requirements do not establish any additional barriers beyond those already imposed by the California Subdivision Map Act.”
The Subdivision Map Act is the primary law governing the creation and subdivision of legal land parcels in the State of California. Alameda’s subdivision ordinance (Alameda Municipal Code Chapter 30, Article VI) was first adopted in 1974, nearly 50 years ago. The subdivision ordinance has been amended sparingly over time, such that the current regulations reflect a patchwork of amendments that are outdated and inconsistent with current practices and current law. A wholesale rewrite is required to update this ordinance.
The condominium conversion ordinance, while outdated in several respects, requires further review among various departmental staff and outreach to the community to ensure the changes are consistent with practice and supportive of streamlining, while also remaining consistent with tenant protection measures elsewhere in the Municipal Code.
DISCUSSION
This comprehensive update would amend the City’s current Subdivision Regulations so they are consistent with the Subdivision Map Act as well as current City practices and procedures. The draft ordinance has been organized to clarify processes and requirements, and to improve existing procedures most often encountered in Alameda. The ordinance also is written to comply with new State housing laws mandating only the application of objective standards for certain housing developments, i.e., those projects would be processed with minimal delay. The revised regulations would not alter any adopted land use plans, zoning regulations, or development-related policies. More specifically, the proposed subdivision ordinance would do the following:
• Align subdivision regulations with current provisions in the Subdivision Map Act, ensure consistency with current zoning regulations and procedures, and improve overall usability of the code.
• Clarify existing definitions, add new definitions, and reconcile outdated text per the Subdivision Map Act.
• Reconcile inconsistencies in meaning, terminology, or standards with remainder of the zoning code.
• Update and expand on subdivision map submittal requirements and processing procedures. The new provisions incorporate detailed subdivision map requirements that follow current engineering standards and best practices.
• Update technical provisions for preparing and reviewing subdivision maps, required statements on final maps, aligning expiration dates of approved maps and processes for extensions consistent with State law.
• Delegate the authority to approve minor subdivisions (Parcel Maps, four lots or fewer) to the Planning Director and City Engineer, with the Planning Board serving as an appeals body. This streamlining is intended to reduce City Council workload and align the City’s process with neighboring cities. SB 9 (2021) and SB 684 (2022) mandate that urban lot splits and small lot subdivisions must be approved at staff level.
• Update the findings for approving or denying a subdivision map per State law.
• Establish procedures for minor map corrections and map amendments.
• Update subdivision design standards to reflect current engineering best practices and City requirements.
• Add provisions to address climate change impacts, including flooding protection and sea level rise mitigation.
• Update provisions for subdivision improvement agreements and dedication acceptance as prescribed by State law and with added provisions for bond security and other guarantees benefitting the City.
• Add a section for urban lot splits and standards for flag lot subdivisions in compliance with SB 9 and SB 684.
• Clarify the Certificate of Compliance provisions per State law. These provisions govern how the legal status of existing parcels is determined or, if not legal, how they might be made legal.
• Clarify the City’s enforcement authority under the Subdivision Map Act.
The revisions reflect feedback from the Planning Board at its previous worksession and input from City department staff and community members. A draft was circulated to developers active in Alameda and other potentially interested parties prior to publication. Feedback supported the comprehensive update.
ENVIRONMENTAL REVIEW
The activity is covered by the common-sense exemption that CEQA applies only to projects with the potential for causing a significant effect on the physical environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect, the activity is not subject to CEQA (CEQA Guidelines § 15061(b)(3)). Adoption of the Subdivision Ordinance amendments is not expected to have any effect on the environment, as it is only a procedural regulation, not an approval of any particular development, and is required to implement State laws. Future subdivision projects will be evaluated for their compliance with the California Environmental Quality Act (CEQA).
CLIMATE IMPACT
The proposed revisions include provisions for climate adaptation measures as part of subdivision improvement agreements.
PUBLIC NOTICE
The Planning Board agenda was posted to the City website and on the City Hall bulletin board and notice was provided in the newspaper at least 10 days before this hearing.
RECOMMENDATION
Conduct a public hearing to discuss the recommended amendments to the Alameda Municipal Code, Section 30-73 et seq, and make a recommendation to City Council.
Prepared By:
Steven Buckley, Planning Services Manager
Reviewed By:
Allen Tai, Planning, Building and Transportation Director
Exhibits:
1. Draft Resolution
2. Draft Ordinance
3. Decision Making Table