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CC - PUBLIC HEARING: (1) Adoption of a Negative Declaration per the California Environmental Quality Act (CEQA) Finding the Subdivision Ordinance will not have a Significant Effect on the Environment; (2) Introduction of an Ordinance Approving a Municipal Code Amendment (P2024-0237-ZCA) Replacing the City's Subdivision Ordinance in its Entirety and Amending Portions of the Zoning Code; and (3) Adoption of a Resolution Approving Small Lot Subdivision Design Standards (Project).
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Meeting Date: May 12, 2025
Contact Person/Dept: Jose Mendivil, Associate Planner
Gabriela Silva, Associate Planner
Emily Stadnicki, Current Planning Manager
Phone Number: 310-253-5757 / 310-253-5736 / 310-253-5727
Fiscal Impact: Yes [ ] No [X] General Fund: Yes [ ] No [X]
Public Hearing: [X] Action Item: [ ] Attachments: Yes [X] No [ ]
Commission Action Required: Yes [X] No [ ]
Commission Name: Planning Commission Date: February 26, 2025
Public Notification: (Email) Public Notifications - City Council (04/24/2025), Meetings and Agendas - City Council (05/07/2025), Interested Parties (04/24/2025); (Posted) City website (04/24/2025), Social Media (04/24/2025); (Published) Culver City News (04/24/2025)
Department Approval: Mark E. Muenzer, Planning and Development Director (03/11/2025) _____________________________________________________________________
RECOMMENDATION
Staff recommends the City Council
1. Adopt a Negative Declaration, finding the Initial Study demonstrates there is no substantial evidence the Subdivision Ordinance will have a significant effect on the environment;
2. Introduce a new Subdivision Ordinance (the "ordinance"), replacing the current ordinance, in its entirety, and amending portions of the Zoning Code, as stated in Exhibit A of the draft ordinance; and
3. Adopt a Resolution approving Small Lot Subdivision Design Standards and incorporating the standards into the Objective Design Standards.
PROCEDURES
1. The Mayor seeks a motion to receive and file the affidavit of mailing, publishing, and posting of public notice.
2. The Mayor calls on staff for a brief staff report and the City Council poses questions to staff.
3. The Mayor seeks a motion to open the public hearing, and the City Council receives public comment.
4. The Mayor seeks a motion to close the public hearing after all testimony has been presented.
5. The City Council discusses the matter and arrives at its decision.
BACKGROUND
A new subdivision ordinance is proposed that will comply with recent State subdivision law; facilitate residential, commercial, and mixed-use developments by streamlining the subdivision process; facilitate opportunities for affordable housing production; and implement small lot subdivision procedures and standards. The new ordinance also fulfills various Housing and Land Use Element policies and goals as detailed on page 4 of the draft ordinance (Attachment 1).
Culver City Municipal Code (CCMC), Chapter 15.10 (Subdivision Ordinance) was added to the CCMC in 1965, and has remained largely unchanged, with only minor updates over time. The ordinance provides standards and procedures for the subdivision of airspaces (condominiums) and land parcels. It should also be reviewed periodically for potential constraints to development or conflicts with the State Subdivision Map Act (State subdivision law).
In Spring 2022, the City Council directed staff to include a Subdivision Ordinance Update (the "ordinance update") in the Fiscal Year 2022-2023 budget process to formally initiate and fund the effort. As the effort was dependent on the 2045 General Plan and Zoning Code Updates (GPU and ZCU, respectively), the ordinance update was paused while work on the GPU and ZCU progressed. With the GPU and ZCU completed in October 2024, the amendment is now presented for your consideration.
Planning Commission Public Hearing and Recommendation
The proposed ordinance was presented to the Planning Commission on February 26, 2025. There were no public comments and after a brief discussion, the Planning Commission unanimously adopted Resolution No. 2025-P006 (Attachment 4) recommending City Council approval.
ANALYSIS
Below are key issues addressed in the new ordinance. See Attachment 5, the February 26, 2025 Planning Commission staff report for more details.
State Subdivision Legislation
Recent State legislation regarding standards and processing for certain types of subdivisions has been incorporated in the new ordinance. A detailed description of the various State Senate bills affecting subdivisions including SB 9, SB 684, SB 450, SB 1123, and SB 347 is located on Page 3 of Attachment 5.
Other Subdivision Ordinance Updates
The proposed Subdivision Ordinance implements procedures and regulations consistent with State law. Lot mergers and lot line adjustments will be approved ministerially, without discretion. It also provides standards for urban lot splits, commercial and mixed-use subdivisions, and small lot subdivisions, to address various departmental requirements, such as the Fire or Public Works Departments.
A key update creates a small lot subdivision process and small lot subdivision design standards (the "standards"). The standards (Exhibit A - Attachment 2) will be added to the Objective Design Standards and provide guidance in the development of small lots. The standards are approved through a City Council resolution (Attachment 2).
The proposed ordinance establishes that small lot subdivision density cannot exceed the maximum density allowed prior to the subdivision. For example, a 7,500 square foot lot in the Low Density Multiple-Family Residential (RLD) zone with a 35 dwelling unit per acre (du/a) density can have up to seven apartments, or seven condominiums, or seven small lots with one unit on each lot. Figure 1 illustrates the various scenarios listed above:
Figure 1
The proposed ordinance also establishes a streamlined review and approval procedure for all maps by expanding review authority to the Planning and Development Director and City Engineer, thereby minimizing City Council and Planning Commission map review.
The City Council will no longer have subdivision review authority unless an appeal is filed, and the Planning Commission will only approve maps and vesting maps processed with projects requiring Commission approval. Table 1 summarizes the new review authority for all maps:
Table 1
Note: Parcel Map: 4 or fewer condominium air space units or land lots
Map: 5 or more condominium air space units or land lots
Page 4 of Attachment 5 has additional discussion on the review authority.
Condominium Conversions/Zoning Code Definition
The condominium conversion section of the Zoning Code is being moved to the ordinance and the Zoning Code definition for subdivision will be replaced with the definition that in the ordinance to ensure consistency.
Parkland Dedication or Payment of In Lieu Fee
Staff is currently reviewing the Parkland Dedication or Payment of In Lieu Fee in a separate process, with expected completion in 2nd Quarter 2025. Upon adoption of a new fee structure, Sections 15.10.750 through 15.10.790 of the Subdivision Ordinance will be updated.
ENVIRONMENTAL DETERMINATION
An Initial Study and Negative Declaration was prepared for the new Subdivision Ordinance. The Draft Negative Declaration was released for a 30-day public review period from December 19, 2024 to January 21, 2025. The City received two comments that were addressed.
Pursuant to California Environmental Quality Act (CEQA) statutes, the City, acting as the lead agency, recommends a finding that the Initial Study shows that there is no substantial evidence, in light of the whole record before the agency, that the new ordinance will have a significant effect on the environment (Attachment 3).
COMMUNITY OUTREACH
Staff conducted various outreach efforts including virtual meetings with interested parties such as members of the development community and City staff and also conducted a Planning Commission discussion item. Page 6 of Attachment 5 provides a detailed summary of the community outreach efforts conducted for the Subdivision update.
CONCLUSION
The proposed amendments will bring the City's Subdivision Ordinance into compliance with State subdivision law, facilitate housing production through streamlined subdivision processes, provide opportunities for affordable housing production when a subdivision is involved, implement small lot subdivision procedures and standards, and satisfy various General Plan policies related to housing.
The environmental review for this project determined the new Subdivision Ordinance will not have a significant effect on the environment. Staff proposes findings for the Zoning Code Amendment as outlined in the proposed ordinance (Attachment 1) and the findings for Small Lot Subdivision Design Standards as outlined in the proposed resolution (Attachment 2) can be made and recommends the City Council approve the ordinance and resolution regarding the City's Subdivision code language.
FISCAL ANALYSIS
There is no direct financial impact as a result of the recommended action. Implementation of the ordinance will result in a more streamlined map process which could have the effect of increasing development applications and thus the resulting entitlement, permit, and development impact fees.
ATTACHMENTS
1. Proposed City Council Ordinance with Exhibit A: New Subdivision Ordinance
2. Proposed City Council Resolution Approving Small Lot Subdivision Design Standards as stated in Exhibit A of the Resolution and Incorporating Design Standards into the Objective Design Standards
3. CEQA Initial Study/Negative Declaration and Response to Comments
4. Planning Commission Resolution No. 2025-P006 without Exhibit A
5. February 26, 2025, Planning Commission Staff Report (without attachments)
MOTION(S)
That the City Council:
1. Adopt a Negative Declaration, finding the Initial Study demonstrates there is no substantial evidence the Subdivision Ordinance will have a significant effect on the environment (Attachment 3); and
2. Introduce a new Subdivision Ordinance replacing the current ordinance in its entirety, and amending portions of the Zoning Code, as stated in Exhibit A of the draft Ordinance (Attachment 1); and
3. Adopt a Resolution approving Small Lot Subdivision Design Standards and incorporates the Standards into the Objective Design Standards (Attachment 2).