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Staff recommends denial of RN4 rezoning on Emerald Avenue, citing middle-housing allowance under current zoning

2938627 · April 8, 2025
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Summary

Planning staff recommended denying a requested rezoning from RN2 to RN4 for a 5,500-square-foot lot on Emerald Avenue, saying current RN2 zoning with middle housing standards already permits duplexes and similar infill.

Ms. Hillman presented a rezoning request (case 711h24rz) for a 5,500-square-foot lot on Emerald Avenue near Western Heights in the Beaumont neighborhood. The applicant asked to rezone from RN2 (lower-density residential) to RN4 (higher-density residential). Staff recommended denial, saying the lot is already nonconforming under RN2 (it does not meet the 50-foot minimum lot width) and that middle-housing standards under RN2 would allow duplexes, triplexes, or fourplexes, enabling significant infill without rezoning.

Staff warned that approving an RN4 district on lots that do not meet existing dimensional standards could create a precedent allowing manipulation of nonconforming-lot provisions (Article 17.3) to increase intensity beyond the code’s intent. Ms. Hillman noted the applicant had previously submitted a fourplex plan, revised it to a duplex, and received approval for the duplex after required revisions. Staff said RN2 paired with middle-housing rules provides sufficient capacity and fits the adopted general plan policies; therefore RN4 is unnecessary for this site.

During questions, staff clarified the differences between RN2 and RN4, and reiterated that a fourplex could have been approved under RN2 with middle-housing standards; the duplex submitted later was approved following requested revisions. Staff recommended denial of the rezoning request and said they relied on plan and dimensional criteria rather than a single developer’s submitted vision.

No final vote was recorded in this agenda-review discussion; the case will proceed through the standard review process where commission action will be formally recorded.