City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, Interim City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: September 3, 2024
ITEM NO: 8.1
SUBJECT: Adopt Resolution No. 2024-52 for a General Plan Amendment; and First Reading and Introduction of Ordinance No. 876 , Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson, rezoning APN 131-014-001 from DC, Downtown Core to Dr, Downtown Residential.
RECOMMENDATION
Motion to Adopt Resolution No. 2024-52 for a General Plan Amendment; and motion to conduct First Reading and Introduction of Ordinance No. 876 , Reading by Title only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, rezoning APN 131- 014-001 from DC, Downtown Core to Dr, Downtown Residential.
PROJECT DESCRIPTION/BACKGROUND
The applicant requests amendments to the City of Patterson General Plan Map and Zoning Map to modify the associated land use and zoning designations of their property located at 107 N. 4th Street (the "Site"). The proposed redesignations are necessary to support the continued singlefamily residential land use over the long term, as requested by the applicant.
As a single-family residential dwelling, the existing land use is considered “nonconforming” according to Patterson Municipal Code Chapter 18.94 (Nonconforming Uses and Structures), which prohibits nonconforming uses to resume when the use has ceased for six consecutive months or when a nonconforming structure has been “…damaged to 50% or more by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God.” Currently, the subject property is considered “nonconforming,” and as such is problematic for a lending institution to insure because the City’s Municipal Code would prohibit reconstruction in the event the property was damaged as described above. Therefore, approval of the proposed redesignations is required for new mortgage holders of the single-family residential property.
ANALYSIS
Zoning must be consistent with the General Plan, hence, the proposed general plan amendment to support the proposed rezoning. The subject property is currently designated by the General Plan map and the Zoning Map as Downtown Core (DC), and it is contiguous to an area to the north designated as Downtown Residential (DR). Therefore, the proposed redesignations of the subject property to Downtown Residential (DR) are viable and internally consistent.
Since the 1992 General Plan Update, the subject property has been zoned as Downtown Core. The single-family residential unit has remained and is considered a legal, nonconforming unit. With the rezoning, the residential unit would be an allowable use and permissible under Chapter 18.38 (Residential Districts) and subject to the development standards for the Downtown Residential (DR) Zoning District.
ENVIRONMENTAL REVIEW
The proposed project is exempt from CEQA review.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed this item at their August 8th, 2024 meeting and, by a vote of 4-0, recommended City Council approval.
FISCAL IMPACT
Not applicable.
RECOMMENDED ACTIONS
The City Council's options are:
1. Adopt Resolution No. 2024-52 and introduce the Ordinance No. 876 Without any changes.
2. Adopt Resolution No. 2024-52 and introduce the Ordinance No. 867 with changes and revisions.
3. Continue the item to a later meeting of the City Council and provide direction to staff for any changes; or
4. Reject Resolution No. 2024-52 and Ordinance No. 867 entirely.
ATTACHMENTS
Location Map
Resolution No. 2024-52
Ordinance No.876