STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE AUTHORITY

City Council approval of Resolution No. 3923, approving Conditional Use Permit application CUP 19-04 with conditions to substitute an existing legal non-conforming use with structures to a legal use with legal non-conforming structures at 698 E. Polk Street (APN: 083-123-04).

On September 17, 2019 the Community Development Department received a conditional use permit application requesting the conversion/rehabilitation of six (6) existing dilapidated hotel studio units at 698 E. Polk Street into six (6) residential studio apartments.

Section 9-6.207 of the Planning and Zoning Code states that the City Council may allow the expansion of a Class I use, substitution of a Class II nonconforming use with a Class I nonconforming use, or substitution of a Class I nonconforming use with another Class I nonconforming use, subject to approval of a Conditional Use Permit and the requirements of the legal non-conforming chapter.

The applicant is requesting the substitution of a Class I nonconforming use for another Class I type use that will in fact be legal however, the structures will remain legal-non-conforming.

Class I nonconforming uses are designated by the City Council following a public hearing and based on findings that, (a). The existing nonconforming use was legally established; (b). The proposed expansion or substitution of the nonconforming use would not be detrimental to public health, safety, or welfare; (c). The proposed expansion or substitution would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable adopted City plan; (d). The proposed use will not depress the value of nearby properties; and (e). No useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform.

The structures located at 698 E. Polk Street were originally used as additional hotel units located across the alley from the Coalinga Motel. They have been in disrepair for several years and unoccupied due to several building and fire code violations.  These structures were recently purchased and are now under new ownership and the owners wish to rehabilitate the units to current building and fire code and convert them the multi-family residential studio units. These units, once converted and rehabilitated, would no longer be connected to the hotel on Polk Street hence a new address would be issued by the Building Department.

Zoning Considerations: The property is currently zoned residential medium density (RMD) where multiple residential units would be permitted subject to zoning regulations. With the zoning designation being residential, the owners would not be able to rehabilitate these units back to hotel units since its legal non-conforming use status has expired. However, in this case the conditional use permit would allow for the conversion of the commercial units to residential unit’s subject to conditions. Staff does recognize that the conversion of the units would not result in full compliance with all multi-family residential development regulations, however, strict application of the development code would result in no project and a continued existence of the dilapidated structures. The land use would be conforming but the structures would remain legal-non conforming in accordance with the planning and zoning code.

FINDINGS

Class I nonconforming uses are designated by the City Council following a public hearing and based on findings that:

(a)    The existing nonconforming use was legally established;

The Hotel units across the alley, although not in use, have been apart of the Coalinga Motel that has remained in continued existence and a legal nonconforming use.

(b)    The proposed expansion or substitution of the nonconforming use would not be detrimental to public health, safety, or welfare;

The conversion of the dilapidated hotel units would result in the creation of (6) new studio residential units and help the City facilitate housing construction and availability. With the approval of the CUP to rehabilitate the units, an administrative site plan review application will be required to ensure application of the multi-family development regulations are imposed to the extent feasible. This would include, new off-site improvements (sidewalk, curb and gutter), landscaping, façade improvements, parking, ect.

(c)     The proposed expansion or substitution would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable adopted City plan;

General Plan Goal LU2

Provide creative, high-quality choices in housing types and densities in a variety of neighborhoods where residents can fulfill their varied individual housing needs and dreams of home ownership.

General Plan Policy LU2-1

Favorable consideration shall be given to developments which further the City’s goal of

accommodating a broad range of housing types and densities in a variety of neighborhoods

within the City.

There are several goals within the Housing Element that foster the idea of providing and preserving housing within the City from facilitating and encourage the provision of a range of housing types to meet the diverse needs of residents, Encouraging and facilitating the development of affordable housing, and preservation of housing within existing neighborhoods.  

(d)    The proposed use will not depress the value of nearby properties; and

Currently, the abandoned and dilapidated structures are depressing the value of the nearby properties and neighborhood as a whole. With this redevelopment and re-investment into the existing structures, this will improve the value and integrity of the surrounding properties. It will improve the curb appeal as well as the accessibility to the rehabilitated units.  

(e)    No useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform.

The strict application of the planning and zoning code to the structures and use of this property would prevent the rehabilitation and revitalization of the structures. It would also prevent new housing opportunities where new diverse housing types are needed in the City. The strict application of the code would prevent reinvestment, where reasonable application, where feasible, would result in meeting the goals and policies of the City related to providing diverse housing opportunities and rehabilitating dilapidated and underutilized structures.  

Resolution Number 3923 includes conditions of approval in order to facilitate the appropriate rehabilitation of the legal non-confirming structures. This would include staffs administrative review of a site plan application to ensure compliance with the development code to the extent feasible, without requiring demolition and re-construction considering this approval is authorizing the conversion of these commercial (hotel) units to residential units. All of the conditions have been included as an attachment to the resolution to ensure that if the conversion occurs the reinvestment and rehabilitation must occur as well.

Environmental (CEQA):

The proposed project has been determined to be exempt from CEQA in accordance with Section 15301(a) for existing facilities. A notice of exemption will be filed with the Fresno County Clerk’s Office once approval has been granted for this application.

Public Notification:

Public hearing notices were sent to all property owners within 300 feet of the site and posted at 3 public places as required by Local and State law.

• The Council may choose not to approve the conditional use permit application and document the appropriate findings in accordance with the Planning and Zoning Code.