Item 24 - Public Hearing for Amendments to the Transit Zoning Code

Home Browse Search

ZOA No. 2024-02 & AA No June 3, 2025 Page 14 2024-03 (Transit Zoning Code Amendments) Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations Definitions SAMC Section 41-2080 contains the The update to the text of this Section definitions applicable to terms and land provides clarification for certain land use uses of the TZC. types (artisan/craft product with limited on -site production, commercial recreation facility — indoor, and research and development), adds definitions for land use types (automobile repair, automobile service, business support services, craft and specialized automotive restoration service, pet day care facility and trade school), and deletes corresponding definitions for land use types that were deleted as part of the amendments to SAMC Section 41- 2006. Analysis of the Issues The proposed amendments to the Sections of the TZC under the topic headings of Application of Article, Organization, Application for Discretionary Approvals, and Definitions are largely to ensure internal consistency related to the more substantive changes being proposed for the TZC to address irreconcilable land use conflicts, described as follows: • Nonconforming Structures and Uses - Section 41-2002 regulates the nonconforming building, structure or use specifically within the TZC. The regulations are unique to the TZC and do not apply citywide. The regulations determine under certain circumstances when a nonconforming structure or use can rehabilitate both structural or nonstructural; or expand conditions that would allow expansion. Due to the concerns enumerated within this report related to nonconforming industrial uses within the TZC, the amendments to this section increasingly limit rehabilitation of structures to those types of improvements that address compliance with the new Section 41-2009 operational standards for nonconforming industrial uses; and disallow the expansion of any nonconforming industrial use. This Section also includes new provisions to establish a process for the discontinuance of nonconforming uses, specifically noxious uses, and the elimination of those uses or structures through an amortization hearing process. The tools that these new regulations provide are necessary to address the environmental impacts that lead to the adoption of the moratorium, provide the framework to initiate the process to eliminate noxious industrial land uses from the TZC, and align with the adopted EJ policies of the General Plan. • The Industrial Overlay (I-OZ) Zone — Section 41-2004 created an "exception" zone for properties within the TZC that had already contained M1 or M2 industrial zoning, uses and structures, when the TZC was adopted in 2010. In order to be both consistent and to promulgate the new General Plan land use designations within the TZC, the removal of this overlay zone is necessary. The zone currently gives deference to the property owner of these parcels with an industrial overlay to decide