SUBJECT: ZONE CHANGE 96-2

LOCATION: 603 AND 623 3RD STREET & 322 ARDMORE AVE.

PURPOSE: To Amend the Zoning Map to be Consistent with the General Plan

Recommendation

Approve the Zone Change as provided in the attached Ordinance.

Background

PROJECT INFORMATION

GENERAL PLAN: Medium Density Residential

ZONING: M-1, Light Manufacturing

LOT SIZES: 5,238, 3,601, & 2,038 Square Feet Total: 10,877 Square Feet

EXISTING USES: Auto Related and Single-Family Dwellings

ENVIRONMENTAL DETERMINATION: Negative Declaration Recommended

At the meeting of January 16, 1996 the Planning Commission recommended that these three parcels not be rezoned in conjunction with several other adjacent properties. The Planning Commission noted that it had been policy in the past not to change the zoning on the parcels in this vicinity except when requested by the property owner.

At the April 9, 1996 City Council meeting, the Council approved the rezoning of the adjacent properties in connection with a proposed project and directed that the subject parcels be brought back to consider for rezoning at a future date with notice to the property owners.

At the October 15, 1996 Planning Commission meeting, the Commission adopted the attached Resolution recommending rezoning the property to R-2, Two Family Residential consistent with the City's General Plan.

Analysis

Two of subject lots are adjacent and all are held under separate ownership. The reuse of the subject lots for all but smaller industrial uses would typically require land assembly and rezoning to create a parcel large enough to accommodate building(s) and surface parking. The subject lots range in size from 2,038 square feet to 5,238 square feet and contain a commercial/industrial building of approximately 3000 square feet. The lots accommodate a smaller industrial user but not a typical larger industrial tenant1 and the non-conforming residential buildings would require redevelopment for industrial use. The adjacent property has been recently rezoned for redevelopment of nine detached condominium units, changing the property from M-1 to R-2, and as a result the subject lots have technically become "spot-zoned", i.e. rezoned lots incompatible with surrounding uses and not consistent with the General Plan. Spot zoning is considered illegal when small parcels are singled out for special and privileged treatment and the singling out is not in the public interest, but only benefits the land owner, and the action is inconsistent with the General Plan. Staff believes that the lots should be rezoned for the following reasons:

1. Pursuant to Section 65860 of the State Planning and Zoning law, the Zoning Ordinance must be consistent with the General Plan and as noted, the zoning and General Plan are inconsistent.

2. The two 3rd Street lots are already developed residentially and the proposed residential zoning is consistent with the adjacent residentially uses.

3. Changing the zoning for the Ardmore lot, currently an auto related use, will not make that use any more non-conforming, as the use is not permitted in the M Zone or the R Zone. Further, the Zoning Ordinance provides that the current use may remain as long as it exists and there is no requirement that the use vacate the premises and/or the building be demolished.

4., The City cannot issue discretionary permits for development on the subject property as long as the General Plan and zoning are inconsistent. A nonconforming building can be rebuilt as provided under

Section 17.52.070 which permits reconstruction of non-conforming buildings and uses when less than 50% of the building is damaged and replaced.

Therefore staff recommends that the subject properties be rezoned for consistency with the General Plan and conformity with the primarily residential uses in the area .

Notes

1. Urban Land Institute (ULI) Office/Business/Industrial Parks - Project Reference File Report 1991 & Lee Associates,

Real Estate Services. Traditional industrial uses consume significantly more land and required building area then the site offers. Very small industrial users typically utilize 1,500 to 2,000 square feet. Typical small single story industrial buildings range in size from 10,000 to 30,000 square feet.