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Worksession on comprehensive update to the City’s Subdivision Ordinance and Condominium Conversion Ordinance. Discuss staff-proposed amendments to Alameda Municipal Code sections 30-73 through 30-89 (Subdivision Regulations) and section 30-8 (Residential Condominium Conversion, formerly Conversions to Multiple Houses) to implement the 2023-2031 Housing Element, to conform to the Subdivision Map Act, and to reflect current practice.
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To: Honorable President and Members of the Planning Board
From: Steven Buckley, Planning Services Manager & Secretary to the Board
Planning, Building and Transportation Department
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. Staff has also prepared amendments to the condominium conversion ordinance to update terminology and to simplify the process for conversion of newly constructed projects (Exhibits 1, 2 and 3). This worksession provides an opportunity for discussion before these documents are revised in response to feedback from the Board and community and brought back for a future public hearing at which the Board may make a recommendation to the City Council.
BACKGROUND
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has been amended sparingly over time, such that the current regulations reflect a patchwork of amendments that are outdated and are inconsistent with current practices and current law. A wholesale rewrite is required to update this ordinance.
The condominium conversion ordinance is outdated in several respects, including basic terminology and procedures. The intent of the proposed revisions is to make conversions more straightforward for newly constructed buildings and to retain tenant protections and building upgrade requirements for older buildings. Edits to the ordinance are shown in the exhibits.
DISCUSSION
This comprehensive update would amend the City’s current Subdivision Regulations so they are consistent with the latest provisions of 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 document is written to comply with new State housing laws mandating only the application of objective standards for certain housing development. 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 according to new state laws.
• 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 Council workload and align the City’s process with neighboring cities. SB 9 mandates that urban lot splits 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.
• 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 proposed amendments to the condominium conversion ordinance primarily streamline the conversion of newly constructed buildings by providing for a Parcel Map or Parcel Map Waiver instead of requiring a Tentative Map that must be approved at a public hearing. The intent is to acknowledge that new buildings have already been reviewed for compliance with zoning, design guidelines, and public improvements, so the Tentative Map and Final Map are largely moot. Tenant notification and protections are still in place for all projects, in cases where tenants have already moved in, but most of these conversions occur during initial the construction of new projects when no one has occupied the units. Older projects would still be required to document compliance with health and safety standards and be reviewed by the Planning Board as a Tentative Map.
ALTERNATIVES
A worksession does not result in any decision that warrants an alternatives analysis.
FINANCIAL IMPACT
There is no foreseeable financial impact to the City of amending the subdivision and condominium conversion ordinances. There could be minor cost savings to applicants with streamlined review processes.
MUNICIPAL CODE / POLICY DOCUMENT CROSS REFERENCE
The Development Regulations section of the Alameda Municipal Code would be amended with these proposals, consistent with the 2023-2031 Housing Element policies related to streamlined development in support of housing development, particularly affordable housing.
ENVIRONMENTAL REVIEW
No environmental review is required for a public workshop. Adoption of the Subdivision Ordinance amendments is not expected to have any effect on the environment, as it does not result in any foreseeable impacts. Future subdivisions 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 at least 10 days before this workshop. No public hearing notice is required for a workshop on a draft subdivision ordinance. A citywide notice will be provided at the time of the public hearing when the Planning Board will be asked to make a recommendation to City Council.
RECOMMENDATION
Receive a staff report, discuss the proposal, receive public comment, and recommend any further amendments for staff to consider when drafting the next iteration of the ordinance amendments, which will be considered at another Planning Board meeting later this year.
Prepared By:
Steven Buckley, Planning Services Manager
Reviewed By:
Allen Tai, Director
Exhibits:
1. Subdivision Ordinance Amendments
2. Condo Conversion Ordinance Comparison Version
3. Subdivision Decision Table