REPORT TO PLANNING COMMISSION
SUBJECT
Title
Consent: Action on Rezone for the property located at 908 Fremont Street
Report
BACKGROUND
The property owners of 908 Fremont Street, Todd and Kristy Rosenbaum, are requesting that their property be rezoned from the Downtown Commercial (CD) to the R1-6L Single Family zoning district. The Rosenbaums initiated the current process by submitting a letter requesting that the Planning Commission initiate a rezoning of their property. On March 13, 2019, the Planning Commission approved the request to initiate the rezone. An excerpt of the Planning Commission meeting minutes of March 13, 2019 is attached.
The property at 908 Fremont Street is currently developed with a single-family residence. The subject site is surrounded by single-family residences and residences that have been converted to office uses.
This property and portions of the surrounding neighborhood were rezoned to CD in the late 1950s and early 1960s to facilitate the City’s vision for an urban downtown. That vision was not implemented for the subject property and it, along with other properties that were not redeveloped, did not return to their prior zonings. The City did not modify the General Plan land use classification for this property to reflect the downtown vision and it retained its current Very Low Density Residential General Plan designation intended for single-family development.
DISCUSSION
The owner’s intent for the requested rezone is to establish a zoning district for the property consistent with the existing single-family residential use. Single-family residential is not permitted in the current CD zoning district. Rezoning to the R1-6L district would facilitate single family residential use of the site consistent with neighboring uses and allow for expansion of the existing single-family use and future construction of an accessory dwelling unit.
The subject property was constructed in 1939 in the Colonial Revival style. It is currently listed on the City’s Historic Resource Inventory (HRI).
General Plan and Zoning Conformance:
The General Plan land use designation for the subject property is Very Low Density Residential. The project data, aerial map, zoning map and General Plan map are provided in the attached Project Data Sheet.
The Very Low Density Residential designation is intended for residential densities of up to ten units per gross acre. Development is typically single‐family in scale and character, with a prevailing building type of single‐family detached dwelling units. Development in this classification maintains a feeling of suburban living with setbacks between structures, parking, large landscaped yards and tree lined streets. The project site is currently developed consistent with this General Plan designation. The proposed rezoning would align with this designation and also with the following General Plan goals:
• Goal 5.3.2‐G4: Respect for the existing character and quality of adjacent neighborhoods from new residential development and redevelopment.
• Goal 5.5.2-G2: Preservation of the character of individual neighborhoods.
• Goal 5.5.2-G3: New development that is compatible with adjacent existing and planned residential neighborhoods.
The proposed rezoning was reviewed for consistency with the criteria for rezoning actions established within the City’s Zoning Code. Staff determined that the existing Downtown Commercial zoning is inappropriate based on the long-term use of the property as residential, and that it does not allow similar development standards as single-family residential zoning districts. Rezoning the property to R1-6L would give the owner the option of adding an accessory dwelling unit in the future; accessory units are not a permitted use under the existing zoning. Findings for the zone change are detailed in the resolution attached to this report. In summary, staff supports the request because the proposed rezoning to Single Family will protect the existing character and stability of the area which is mostly single-family residences and will protect a significant property currently listed on the City’s Historic Resource Inventory.
Conclusion:
Approval of the proposed rezoning will be necessary for the preservation and enjoyment of the property and would not adversely affect the general welfare of the people residing in this neighborhood. The existing building and the proposed single-family use would be compatible in density and character with the surrounding neighborhood.
FISCAL IMPACT
There is no impact to the City for processing the requested application other than administrative staff time.
ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 (Class 1 - “Existing Facilities”) as the activity consists of the permitting of existing private structures involving negligible or no expansion of use beyond that existing at the time of the City’s determination.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On July 12, 2019, a notice of public hearing of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site. Planning Staff has not received public comments for this application.
RECOMMENDATION
Recommendation
Recommend to City Council approval of the rezoning of the property at 908 Fremont Street from Downtown Commercial (CD) to Single-Family Zoning District (R1-6L).
Staff
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Request Letter for Rezoning
2. Project Data
3. Excerpt of Planning Commission Minutes March 13, 2019
4. Resolution Recommending Approval for Rezoning