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PC - ACTION ITEM: DISCUSSION OF CITYWIDE SUBDIVISION ORDINANCE UPDATE
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Meeting Date: April 24, 2024
Contact Person/Dept: Jose Mendivil, Associate Planner
Gabriela Silva, Associate Planner
Phone Number: (310) 253-5757/ (310) 523-5736
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: []
Public Notification: (Email) Public Notifications - Planning Commission (04/10/2024), Meetings and Agendas - Planning Commission (04/18/2024); (Posted) City website (04/10/2024); Social Media (04/10/2024); (Email) Developers and Subdivider Stakeholders (04/10/2024)
Department Approval: Mark Muenzer, Planning and Development Director (04/16/2024)
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RECOMMENDATION
Staff recommends that the Planning Commission provide initial guidance and feedback regarding the Subdivision Ordinance Update.
BACKGROUND
Culver City Municipal Code (CCMC), Chapter 15.10 (Subdivision Ordinance or the “ordinance”) was added to the CCMC in 1965 and has remained largely unchanged; updates over time added language on vesting tentative maps, park dedication, and tentative map distribution. The ordinance provides standards and procedures for the subdivision of airspace (condominium) or land parcels. It is important to periodically review the ordinance for potential constraints to development or conflicts with the California State Subdivision Map Act (State Subdivision Law).
Subsequently, in Spring 2022, the City Council directed staff to include a Subdivision Ordinance Update (the “ordinance update”) in the FY 2022-2023 budget process to formally initiate and fund the effort. Funds were allocated and the Request for Proposals (RFP) was released to select a consultant to assist in this update; Rincon Consultants Inc. was chosen, and a contract executed on April 13, 2023.
As the effort is dependent on the 2045 General Plan and Zoning Code Updates (GPU and ZCU, respectively), the ordinance update was paused while work on the larger effort progressed. With the GPU and ZCU proceeding, staff and Rincon are reviewing potential ordinance language that will: (1) facilitate residential, commercial, and mixed-use developments by streamlining the subdivision process; (2) provide opportunities for affordable housing production when a subdivision is involved; (3) implement small lot subdivision procedures and standards; and (4) comply with State Subdivision Law, including recent amendments like Senate Bill (SB) 9 and SB 684 as described below.
DISCUSSION
Potential Changes
Currently, the ordinance provides procedures for parcel maps (four or fewer parcels), tentative tract maps, vesting tentative tract maps, and final maps. In addition to requirements and procedures for applications, the ordinance includes lot design standards and off-site improvement requirements. The ordinance does not provide a process for reversion to acreage, lot line adjustments, lot mergers, and small lot subdivisions. Further, it does not include language consistent with recent state legislation such as SB 9 and SB 684. Below are potential ordinance changes for Planning Commission discussion and consideration:
• Implement clear procedures and regulations consistent with State Subdivision Law for various subdivisions including reversion to acreage, lot mergers, and lot line adjustments.
• Establish an administrative review process for parcel and tract maps submitted as part of an Administrative Site Plan Review application.
• Incorporate SB 9 and SB 684 requirements and regulations.
• Amend map standards for urban lot splits, commercial and mixed-use subdivisions, and small lot subdivisions, to address Fire, Public Works, and Sanitation departmental requirements.
• Create an administrative small lot subdivision process and small lot design standards that regulate common access driveways and walkways, utility easements, maintenance agreements, guest parking, short-term bicycle parking, trash enclosures, and open space.
• Establish a streamlined review 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. Attachment No. 1 includes two tables demonstrating the current subdivision review authorities and the potential revisions to subdivision review authorities.
State Subdivision Legislation
Recent state legislation regarding subdivisions includes:
• SB 9 (effective January 1, 2022): Aims to increase housing supply across the State through ministerial approval of lot splits or two-unit developments in single-family zoned areas.
• SB 684, the Building Homeownership Opportunities Act (effective July 1, 2024): Requires ministerial approval of parcel maps, tentative maps, and final maps for housing developments containing 10 or fewer lots or 10 or fewer residential airspace units located in a multifamily residential zone. Projects ministerially approved under SB 684 will still be required to protect existing housing: designated for low-income tenants, under rent control, or occupied by renters in the last 5 years, and be subject to local and environmental standards.
Conclusion
Following the Planning Commission discussion, staff will analyze comments and with the City’s consultant, prepare a draft revised ordinance accordingly. The updated draft will be available for public review in Summer 2024; and the final draft document will be presented to the Planning Commission and City Council following the approval of the General Plan and Zoning Code updates.
PUBLIC OUTREACH
On December 21, 2023, City staff and the consultant conducted a virtual stakeholder meeting with 12 participants from the residential, mixed use, and subdivision development community. Stakeholders were presented the potential changes listed above and were asked their opinions. According to participants, housing development is trending towards smaller, denser, single- and multi-family housing. Participants indicated the City needs to remove procedural, regulatory, and financial barriers to facilitate housing production. Developers would like a simplified subdivision process that is straightforward and has a predictable timeframe. They also were supportive of shifting the approval process towards an administrative format instead of a public hearing.
Following the stakeholder meeting, an additional outreach meeting was held on January 18, 2024, with City staff from Current Planning, Building Safety, and Public Works. City staff discussed SB 9, SB 684, small lot subdivisions, and existing subdivision procedures. During this meeting, staff suggested the map approval process align with the existing planning procedures already established in the CCMC. Thus, if a development requires an administrative site plan review, the subdivision process, whether for a parcel or tract map, should also be administrative. Implementing this alignment would streamline the process for projects requiring both a subdivision and an administrative site plan review.
City staff and the consultant plan to have a second round of both stakeholder and City staff meetings after the initial draft ordinance is complete to gather additional input.
FISCAL ANALYSIS
No fiscal impact.
ATTACHMENTS
1. Current and Proposed Subdivision Review Authority Tables.