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Council declines rezoning of 328 North Birch after neighbors cite parking, privacy and traffic concerns

2253023 ยท February 4, 2025
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Summary

The council voted down a first-reading ordinance to rezone 328 North Birch from single-family to multi-family after extensive public comment about parking, alley access and neighborhood compatibility.

The Valley Center City Council voted against approving for first reading a rezoning request to change 328 North Birch from R-1B single-family residential to R-3 multifamily residential, following several residents' public comments and council concerns over parking, privacy and fit with the block.

Planning staff summarized the planning and zoning board recommendation to approve the rezoning after a 4โ€“2 vote at the planning commission and noted the city's comprehensive plan projects a need for diverse housing types. The applicant, who identified himself as Jordan Noon and said he owns 328 North Birch and several rental properties in town, said housing demand is strong and that he intended to follow the city's parking and building-code requirements and to provide garages.

Neighbors including Kit Noah, who lives at 329 North Birch, opposed the rezoning at the council meeting and said Birch is a narrow, 30-foot street where prior multifamily occupancy created severe on-street congestion; speakers cited examples of narrowed lanes, blocked access for ambulances and vehicles, and small lot locations that differ from corner-located multifamily examples elsewhere. Neighbors requested either an R-2 rezoning or single-family development rather than a fourplex.

City staff clarified that rezoning to R-3 makes the lot eligible for three or more units; staff also explained R-3 requires 1.5 off-street parking spaces per unit (rounded up), so a threeplex would require four off-street spaces and a fourplex six. Staff added that if the property were rezoned, the applicant would still have to submit final design and obtain building permits and meet setback and parking standards; planning review could approve the building if those requirements are met.

Council member discussion reflected concern that the property is small and located mid-block, with several council members expressing reservations about approving multifamily in that spot. A motion to approve for first reading was made and seconded but failed when the council voted not to carry the motion. The record shows the motion "did not carry," and council direction was that the rezoning application does not advance.