Title
Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal Code Chapter XXX (Development Regulations) to Revise Section 30-73 et seq. (Real Estate Subdivision Regulations) to Implement the City of Alameda General Plan and Housing Element and Make Other Technical Amendments, as Recommended by the Planning Board.
California Environmental Quality Act Review: This action is statutorily exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3). (Planning Building and Transportation 20962710) [Not heard on March 19, 2024]
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
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 documents that were reviewed and recommended by the Planning Board with community input. Several changes to the decision-making process are proposed, with the Planning Director, City Engineer, Planning Board and City Council designated for specific roles in approving certain subdivision actions and in serving as appeal hearing bodies. The intent is to streamline the process for each type of action, while retaining the overall City Council review authority. Staff recommends that the City Council conduct a public hearing and introduce the ordinance for adoption.
BACKGROUND
The Planning Board conducted a work session on October 9, 2023 to discuss staff-proposed amendments to the subdivision ordinance, and a follow-up hearing on January 22, 2024 at which time they made a recommendation to City Council to adopt the draft ordinance.
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 (Government Code Section 66410 et seq.) 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, Section 30-73 et seq.) was first adopted in 1974, nearly 50 years ago (Exhibit 1). 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 bring this ordinance into conformance with state law.
The ordinance reflects feedback from the Planning Board at its work session and public hearing, and input from City of Alameda (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.
DISCUSSION
This comprehensive update would amend the City’s current Subdivision Regulations so they are consistent with the Subdivision Map Act and current City practices and procedures, as well as initiate some streamlining measures related to decision-making authority. The ordinance has been organized to clarify processes and requirements, and to improve existing procedures most often encountered in Alameda. The ordinance is also written to comply with new State housing laws mandating only the application of objective standards for certain housing developments, such as projects that would be processed with minimal delay. The revised regulations do 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.
• 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 benefiting 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.
Exhibit 1 provides a clean version of the proposed ordinance and Exhibit 2 provides a strikeout/underlined version of the proposed amendments.
Proposed Streamlining. The proposed subdivision ordinance, as recommended by staff and the Planning Board, would streamline the approval process for several types of subdivision actions. Exhibit 3 provides an overview of the existing and revised decision-making process. Currently, all types of subdivision of land requiring a map must first obtain a recommendation from the Planning Board prior to City Council review and approval. The proposed subdivision ordinance delegates the authority to approve minor subdivisions (Parcel Maps, four lots or fewer) to the Planning Director and City Engineer, with the Planning Board and City Council retaining appeal and call for review authority. This streamlining is anticipated to reduce processing time for Parcel Maps by at least 60 days by eliminating two steps from the process.
Furthermore, the proposed ordinance delegates the review and approval of major subdivisions (Tentative Maps, five lots or more) to the Planning Board. This streamlining would reduce processing time by at least 30 days, eliminating one step from the process. The City Council will still retain appeal and call for review authority over the Planning Board.
The proposed streamlining is intended to reduce the City Council's workload and align the City's subdivision review process with neighboring cities, including Oakland, Berkeley, Emeryville, Hayward, and others. Additionally, the proposed changes bring the City's subdivision process into compliance with state law, specifically SB 9 (2021) and SB 684 (2022), which mandate that urban lot splits and small lot subdivisions must be approved at the staff level.
It is noteworthy that major subdivisions that are part of a density bonus application would still require City Council approval, per the Density Bonus Ordinance. Therefore, staff believes the proposed streamlining will primarily benefit those housing projects that have already been approved by the City Council (e.g., RESHAP/West Midway, Encinal Terminals, Boatworks), potentially enabling those projects to start construction sooner.
ALTERNATIVES
• Adopt the ordinance, following the recommendation of the Planning Board
• Make modifications, consistent with state law, to incorporate local practices.
FINANCIAL IMPACT
Streamlining the subdivision review process could result in savings in staff time / cost to process applications; those City costs are generally reimbursed by the development applicants.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action to update the City’s subdivision regulations in Alameda Municipal Code section 30-73 et seq. is consistent with State law, Housing Element Program 8 (Affordable Housing Incentives and Waivers) and City Council’s 2023-2026 Strategic Plan, Program HH8b.
ENVIRONMENTAL REVIEW
The activity is covered by the common-sense exemption that California Environmental Quality Act (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 CEQA.
CLIMATE IMPACT
The proposed revisions include provisions for climate adaptation measures as part of subdivision improvement agreements.
RECOMMENDATION
Conduct a public hearing to consider introduction of ordinance amending Alameda Municipal Code Chapter XXX (Development Regulations) to revise section 30-73 et seq. (Real Estate Subdivision Regulations) to implement the City of Alameda General Plan and Housing Element and make other technical amendments, as recommended by the Planning Board.
Respectfully submitted,
Allen Tai, Planning Building and Transportation Director
By,
Steven Buckley, Planning Services Manager
Scott Wikstrom, City Engineer
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Clean Versions of Existing and Proposed Subdivision Ordinance
2. Subdivision Ordinance Amendments - Strikeout Version
2. Decision-Making Table