ZONE CHANGE NO. 23-02
GENERAL EXEMPTION
LOCATION:  City Wide
REQUEST: The proposed zone change is needed in order to maintain consistency with the City Council’s recent approval of the Development Code Update. The zone change will eliminate the mixed-use overlay and change all properties currently zoned Office Professional, Regional Commercial, Neighborhood Commercial, and Service Commercial to be zoned Office Professional Mixed Use (OPMU), Regional Commercial Mixed Use (RMU), Neighborhood Commercial Mixed Use (NMU) and Service Commercial Mixed Use (SMU). In addition, several other properties are being rezoned to an equivalent zoning designation due to the Development Code’s elimination of the Planned Industrial (I-P), Public Building (P-B), Medium Commercial (C-2), and Heavy Commercial (C-3) zones; and to either be made consistent to its current use and/or General Plan Designation.

The proposed zone change is needed to maintain consistency with Development Code Update and was initially part of this process. The Planning Commission reviewed and recommended City Council adoption of the Development Code Update with the zone change on November 1, 2023. On January 16, 2024, the City Council approved the Development Code update. During the City Council meeting, the City Council was informed that the updates to the Zoning Map would be brought back to the Planning Commission and presented to the City Council at a later date. The proposed Zone Change is being reintroduced to the Planning Commission in order to provide a more detailed resolution. 

To fully implement the Development Code Update, an update to the Zoning Map is necessary to ensure consistency between the map and the code as well as to ensure that the Development Code update minimizes legal non-conforming uses that have operated in the City for a long time. The Zoning Map updates are classified into the following categories:

• Rezone properties that were designated as “Medium Commercial” (C-2) and “Heavy Commercial” (C-3) zones to “Neighborhood Mixed-Use” (NMU) or “Service Mixed-Use” (SMU) zones, depending on zones surrounding these uses. The C-2 and C-3 zones have been eliminated from the Development Code to provide consistent commercial zones across the City.
• Rezone properties that were designated as “Public Building” (P-B) and “Planned Industrial” (I-P) zones to “Neighborhood Mixed-Use” (NMU) or “Open Space” (O-S) zones, depending on the uses of these properties. The P-B and I-P zones have been eliminated from the Development Code as there were only a handful of parcels that had the older zoning designations.
• Rezone properties that were not consistent with the underlying use as follows:
  1. APN 845-702-9014 (1015 W. Garvey Avenue North) – from “Neighborhood Commercial” (N-C) and “Multi-Family – 20” (MF-20) zones to MF-20 zone as the property serves as a parking lot for a multi-family complex. The new zone would be consistent with the entire complex.
  2. APN 844-300-2010 (820 N. Phillips Avenue) – from “Office-Professional” (O-P) and MF-20 zones to MF-20 zone as the entire property includes a hospice care use and to be consistent with the Residential General Plan designation of the entire site. The new zone would be consistent with the entire hospice care facility.
  3. APN 847-602-4012 (527 S. Valinda Avenue) – from O-P and MF-20 zones to “Office Professional Mixed-Use” (OPMU) zone as the site consists of skilled nursing facilities and offices on the same site. The new zone would be consistent with the entire business and nursing facilities.
  4. APN 847-800-7028 (1840 E. Garvey Avenue South) – From N-C and “Service Commercial” (S-C) zones (split-zoned parcel) to “Service Mixed Use” (SMU) as the site consists of one automotive dealership (Honda) business. The new zone would be consistent with the entire and surrounding dealerships. The zone change will not impact the Auto Plaza Overlay zone. 
  5. APN 846-801-6005 (851 S. Sunset Avenue) – From O-P zone to MF-20 zone as the parcel consists of a multifamily residential complex and would be consistent with the remainder of the apartment complex.
• Rezoning City-owned properties that are reserved as open space, conservation, or slopes from “Single-Family” (R-1) to O-S.
• Eliminate the Mixed-Use Overlay Zone and incorporate the Mixed-Use name into all commercial zoning designations. Unless described above, the following revisions would be made to the map:
  1. All N-C zones would become “Neighborhood Mixed-Use” (NMU) zones.
  2. All S-C zones would become SMU zones.
  3. All O-P zones would become OPMU zones.
  4. All “Regional-Commercial” (R-C) zones would become “Regional Mixed-Use” (RMU) zones.

The detailed list of properties being rezoned is included as Exhibit A in the Recommendation Resolution. The Zoning Map is included as Exhibit B.

The General Plan Land-use designations for all properties being rezoned will remain the same and will not change. The proposed zone change will ensure that the General Plan Land-use designation is consistent with each parcel's zoning. 

Planning Staff recommends that the Planning Commission Resolution No. 24-6146, recommending the City Council adopt Zone Change No. 23-02.