Alameda Planning Board Worksession on Subdivision and Condo Conversion Ordinances and Boardmember Resignation - October 9, 2023

The Alameda Planning Board held a regular meeting on Monday, October 9, 2023, at 7:00 PM in City Hall Council Chambers, with Boardmember Teague participating via teleconference from Sierra City. The meeting included a consent calendar, public comments, a worksession on proposed updates to the Subdivision and Condominium Conversion Ordinances, staff communications, and a notable boardmember resignation. The meeting adjourned at 8:10 PM.

Consent Calendar

• Draft Meeting Minutes - September 11, 2023 (Item 4-A): Approved with a vote of 4-0-1 (Boardmember Teague abstained).

Public Comments & Testimony

• Non-Agenda Public Comment: Shelby Sheehan raised concerns about what she called improper city actions, including: proliferation of tall chain-link fences in the historic district without proper permits (blocking protected views along Hangar Row), a food bank parcel lease approved as a non-conforming use when it should be a park, and the Historic Advisory Board not receiving required permits. She requested the Planning Board place these items on a future agenda.
• Public Comment on Worksession (Item 5-A): Shelby Sheehan opposed the proposed streamlining of subdivision and condo conversion processes, arguing it reduces public input and gives the Planning Director too much authority. She cited examples of housing element-related plans (Site A, Reshape, West Midway) that she said violate local land use plans and zoning, and were approved with insufficient oversight.
• Non-Agenda Public Comment (later): Shelby Sheehan again spoke, this time about an alleged unpermitted fence and parking lot near the Oak Club (owned by the school district, used for overflow parking). She stated she could not find a use permit and requested the ability to appeal.

Discussion Items

• Worksession on Comprehensive Update to Subdivision and Condominium Conversion Ordinances (Item 5-A): Steve Buckley, Planning Services Manager, presented staff-proposed amendments to Alameda Municipal Code sections 30-73 through 30-89 (Subdivision Regulations) and 30-8 (Residential Condominium Conversion). The purpose is to implement the 2023-2031 Housing Element, conform to the Subdivision Map Act, and reflect current practice. Key changes include:
  • Streamlining the review process by delegating certain decisions (e.g., parcel maps, lot line adjustments) to the Planning Director and City Engineer, with appeals to the Planning Board and City Council.
  • Creating two processes for condominium conversions: one for new construction (ministerial approval by Planning Director) and one for older buildings (requires improvement plans and Planning Board review).
  • Facilitating lot splits and ministerial approvals in compliance with state law (e.g., SB9).
  • Updating definitions, submittal requirements, and design standards.
• Boardmember Feedback:
  • Boardmember Ruiz asked about cleaning up abandoned easements, clarified that the condo conversion ordinance applies to residential conversions (including office-to-residential), and raised concerns about the language in sections 30-8.2 and 30-8.3 regarding building code compliance and energy savings plans. She requested clearer wording and a fee schedule.
  • Boardmember Teague supported streamlining but requested that administrative decisions by the Planning Director be appealable or callable for review by the Planning Board, and that urban lot splits be explored in districts beyond R1. He noted a typo on page 104 regarding approval authority and requested a redline version for the subdivision ordinance.
  • Vice President Cisneros asked about the timing of building permits in the subdivision process and noted that condo conversions are not limited to affordable housing; the inclusionary requirements remain the same. She mentioned AB 684 as a potential model for incentivizing affordable homeownership.
  • Boardmember Saheba questioned the need for a certificate of occupancy for existing rental units converting to condos, suggesting the statement may be unnecessary if the building already has a CO.
  • President Hum noted that the streamlined process does not affect land use entitlements (e.g., use permits, rezonings). He asked about the threshold for significant changes to a final map requiring Planning Board approval, and raised concerns about relocation plans for tenants, the 60-day first refusal period, and potential conflicts with inclusionary housing requirements. Alantai (Acting Director, Planning, Building, and Transportation) clarified that the proposed ordinance would grandfather existing zoning conditions (parking, open space) for condo conversions, only requiring health and safety upgrades, and that staff would check the intersection with the inclusionary ordinance.

Key Outcomes

• No formal votes were taken on the worksession; it was a discussion item. Staff will incorporate board feedback and return with a revised draft for a recommendation to City Council.
• Boardmember Teague announced his resignation from the Planning Board, effective upon the sale of his house and move to Sierra City. He expressed pride in his service, including work on ADU definitions, the Rosefield Village Affordable Housing Project, Alameda Point development, and the Alameda Wellness Center. Boardmembers and staff expressed gratitude and well wishes.
• Staff directed that the public commenter's concerns about the Oak Club parking lot fence be followed up regarding permit status and appeal deadlines.

Staff Communications

• Item 6-A: Staff reported recent actions and decisions: 833 Central Avenue and 715 Ensign Avenue (could be called for review by the board).
• Item 6-B: Oral report on future meetings: Next meeting in two weeks (October 23) will include a use permit and design review for a new building at 1251 Park Street, street name approvals, and annual review of development agreements.