Planning commission recommends rezoning East 16th Street properties, approves variance for 3040 East 16th Street

The National City Planning Commission voted 5-1 on Aug. 18 to recommend that the City Council approve a general plan amendment and rezoning that would change several properties on East 16th Street from RS-2 (small‑lot residential) to MXC‑1 (minor mixed‑use corridor), and separately approved a zone variance for 3040 East 16th Street that the applicant said is needed to deliver a five‑unit infill housing project.

The action follows a staff presentation by David Welch, associate planner, who told commissioners the applicant is proposing a 0.45‑acre infill site at 3040 East 16th Street and has included four neighboring parcels in the rezoning request so that existing multifamily and commercial uses on the block would conform to the requested MXC‑1 district. "The applicant's property is currently vacant and suitable for infill development," Welch said, noting the project site is served by a nearby transit stop and that the applicant reduced the initial concept from three stories and seven units to two stories and five units in response to fire‑department comments.

Why it matters: the proposal would allow a five‑unit multifamily building on a vacant parcel that is currently limited to a single dwelling under RS‑2. Staff recommended certification of a negative declaration under CEQA for the general plan and rezoning and recommended a categorical exemption (CEQA Guidelines §15332) for the variance request related to infill development. If the City Council follows the commission's recommendation, the rezoning would make a block that now contains several legally nonconforming multifamily and commercial uses conforming to the MXC‑1 zone.

Commissioners and public speakers debated parking, "spot zoning," and drainage. Resident Alicia Morrison opposed the rezoning, arguing it was "inconsistent and out of character with the surrounding area" and submitted photos showing what she described as parking overflow and late‑night disturbances. Resident Doyla Morrison asked for environmental review of runoff on the site's downhill slope, saying "there should be some form of CEQA evaluation to find out how they can mitigate that from happening." Applicant representative Sush Kadari said the rezoning would "restore fairness, consistency, and long term stability across the block," noting the requested change would let existing multifamily and commercial uses rebuild to their prior footprints if damaged.

After discussion and public comment, the commission made two separate motions. Vice Chair Castle moved, with a second by Commissioner Sanchez, to adopt the resolution making a finding of no significant environmental effect and recommending Council approval of the general plan amendment and zone change (case file 2025‑02 GPA ZC). The motion passed 5‑1; Commissioner Kenyones voted no and said, "I just think that you could build without changing the zoning." The commission then moved, with a motion by Vice Chair Castle and a second by Commissioner Armenta, to find the variance request categorically exempt under CEQA Guidelines §15332 and recommend approval of the zone variance for a reduced street wall and two‑way driveway at 3040 East 16th Street (case file 2025‑02 ZV). That motion also passed 5‑1.

Next steps: staff said the item will go to the City Council for final action; staff projected a council hearing could be scheduled for Sept. 16, 2025, subject to required public‑hearing notice periods. The variance notice of decision also will be forwarded to council as a consent item; if the council denies the zone change the variance would be moot.

Background and details: Welch told the commission the requested MXC‑1 zone permits higher residential densities (up to 48 dwelling units per acre and up to 50 feet in height) and would bring several existing multifamily and commercial properties on the block into conformance. The applicant's conceptual plan shows parking accessed from the rear via a two‑way driveway; because the parcel is within an AB 2097 area and state law limits local parking minimums, the applicant is proposing to provide on‑site parking and requested the variance to enable the driveway configuration. Staff noted the project site abuts an unimproved paper street (East 17th Street) and lies near a transit stop at East 16th and South Harbison.

Commission discussion also touched on outreach and noticing: staff described the city's notice requirements (owners and occupants within 300 feet for zoning actions; 20‑day notice required for zone changes) and said the applicants for the additional parcels included authorization forms supporting the rezoning. Welch also summarized pertinent general plan policies staff relied on in recommending approval, including housing policies encouraging infill and removing barriers to development.

The commission's vote does not complete the process; the City Council will make the final decision on the general plan amendment and rezoning.