ITEM 17.10. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2
4. The City Council finds and determines that a special tax shall be levied within the Territory to be annexed and which special tax shall be the same as the tax to be levied within the District. Collection of said tax shall commence as outlined in the rate and method of apportionment of said tax and shall be as set forth in the Resolution of Formation of the District.
5. The City Clerk is directed to execute and record a Notice of Special Tax Lien in substantially the same form as shown in Exhibit B attached hereto, in the office of the County Recorder of Sacramento County not later than 15 days after recordation of the Annexation Map No. 13.
6. The City Council finds and determines that adoption of this Resolution is not a “project” under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4).
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
David Sander, Mayor
Stacy Leitner, CMC
City Clerk
APN
073-0010-029
APN
072-0300-011
APN
072-0300-013
THORNBERG WAY
EDINGTON DR
EVANSTON WAY
SOLSBERRY WAY
BARKSDALE WAY RAYMER WAY
PROPOSED BOUNDARY MAP
1 1
!
1 " = 300 '
Legend
Annexation Boundary
REFERENCE THE SACRAMENTO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS
CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2013-2
(POLICE SERVICES)
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
PROPOSED BOUNDARY OF
ANNEXATION 13
THE PRESERVE TO
City of Rancho Cordova
Community Facilities District No. 2013-2
Annexation 13 (Police Services)
County of Sacramento, California
Sheet ____ of ____
HARRIS & ASSOCIATES
101 PROGRESS, SUITE 250
IRVINE, CALIFORNIA 92618
800-827-4901
SUNRISE BLVD
DOUGLAS RD
KIEFER BLVD
NIKE RD
GRANT LINE RD
US 50
WHITE ROCK RD
VICINITY MAP
ANNEXATION
LOCATION
ITEM 17.10.
ATTACHMENT 2
Exhibit A to the Resolution
ITEM 17.10. ATTACHMENT 3
Exhibit B to the Resolution
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95363
(SPACE ABOVE THIS LINE RESERVED FOR
RECORDER’S USE)
AMENDMENT NO. 13 TO
NOTICE OF SPECIAL TAX LIEN
RELATIVE TO THE
CITY OF RANCHO CORDOVA
Community Facilities District No. 2013-2
(Police Services)
ITEM 17.10. ATTACHMENT 3
Exhibit B to the Resolution
2 CITY OF RANCHO CORDOVA
Community Facilities District No. 2013-2
(Police Services)
Annexation No._13
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et. seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Rancho Cordova (the “City”), County of Sacramento, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Sacramento, State of California on March 12, 2013 as Document No. 20130312 page 0318 to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated by this reference.
This Amendment No. 13 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the CFD. The territory and future annexation area included in the original CFD is set forth in the map of the CFD heretofore recorded in the Sacramento County Recorder’s Office at Book 114 of Maps of Assessment and Community Facilities Districts at Page 18 as Document No. 20130102PG1208, (the “Original Boundary Map”) to which map reference is hereby made. The territory to be added from the future annexation area is that certain real property identified in the map of the Annexed Territory recorded in the Sacramento County Recorder’s Office at Book ___, at Page __ as Document No. ___________, which map together with the Original Boundary Map are now the final boundary maps of the CFD including the Annexed Territory.
This annexed property is placed in Tax Zone 1 for purposes of computation of the Special Tax.
The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 13 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the Authority are as set forth in Exhibit A hereto, and by such reference hereby made a part hereof. The levy is hereby imposed on the property described herein.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Officer of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, CA 95670 (telephone number: 916-851-8738).
Dated: As of __________, 2024
By:
Stacy Leitner, City Clerk
City of Rancho Cordova
ITEM 17.10. ATTACHMENT 3
Exhibit B to the Resolution
EXHIBIT A
CITY OF RANCHO CORDOVA
Community Facilities District No. 2013-2
(Police Services)
Annexation No. 13
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND
Assessor’s
Parcel No(s). Name(s) of Property Owners
072-0300-011 FAMILY REAL PROPERTY LIMITED PARTNERSHIP
072-0300-013 FAMILY REAL PROPERTY LIMITED PARTNERSHIP
073-0010-029 LENNAR HOMES OF CALIFORNIA, LLC
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 18.1.
DATE: May 6, 2024
TO: Honorable Mayor and Council Members
FROM: Darcy Goulart, Planning Manager
SUBJECT: AN ORDINANCE AMENDING TITLE 23, CHAPTER 23.113 ZONING CERTIFICATION, CHAPTER 23.313 MIXED-USE ZONING DISTRICT, CHAPTER 23.731 FENCES, WALLS, AND SCREENING, CHAPTER
23.1104 DEFINITIONS AND THE FOLSOM BOULEVARD SPECIFIC
PLAN (CEQA EXEMPTION FOUND IN GUIDELINE SECTION
15061(B)(3))
RECOMMENDATION
Waive the first reading and introduce the Ordinance.
RESULT OF RECOMMENDED ACTION
The Ordinance would come back for a second reading and adoption at the next Regular City Council meeting. Adoption of the Ordinance would Amend Chapter 23.113 Zoning Certification, Chapter 23.313 Mixed-Use Zoning District, Chapter 23.731 Fences, Walls, and Screening, Chapter 23.1104 Definitions and the Folsom Boulevard Specific Plan.
BACKGROUND
Periodically, amendments to the Municipal Code are necessary to address ambiguities, provide clarification, to be consistent with customary practice or comply with changes in State law. In the past, various Titles of the Code and Specific Plan documents have routinely been amended for these assorted reasons, as well as to include new development standards to address new uses. Staff did not believe these minor changes warranted a discussion with the City Council prior to scheduling the amendments for a public hearing.
At their regular meeting on March 27, 2024, the Planning Commission heard the items in a duly noticed public hearing and adopted a Resolution recommending that the City Council adopt the Ordinance amending Title 23.
ANALYSIS
Attachment 3 includes all draft amendments, shown in track changes. Draft amendments are shown with track changes with new draft language underlined and language proposed for removal with strike-throughs. Only those chapters and/or sections with proposed changes are included in the attached documents as excerpts from the Rancho Cordova Municipal Code and the Folsom Boulevard Specific Plan. A summary of the changes is provided below. As a note, Attachment 2 includes all the amendments in a non-track change format. This is provided
City Council Staff Report - Page 2 of 3
as an exhibit to the Ordinance.
TITLE 23 ZONING CODE
Chapter 23.113 Zoning Certification
The proposed amendment would clarify the Zoning Certification process to be consistent with current practice. Currently, Zoning Certification applications are submitted and reviewed at staff-level.
Chapter 23.313 Mixed-Use Zoning Districts
The proposed amendment would require a Conditional Use Permit (CUP) for outdoor storage yards in the Office Industrial Mixed Use (OIMU) zoning district, which is a predominantly office mixed-use zone. Currently, outdoor storage yards are permitted in the OIMU zoning district as a matter of right with specific screening requirements. Areas designated OIMU are often existing office and business park properties where outdoor storage yards may not be consistent with surrounding uses and building forms.
Chapter 23.731 Fences, Walls, and Screening
The proposed amendment would clarify transparent screening materials. Footnote 1 of Table
23.731-1 describes transparency requirements for fences that are higher than 7 feet and lists “lattice” as an example of a transparent fence material. The proposed amendment would delete the word “lattice” to indicate that other types of transparent fence material are allowed.
Chapter 23.1104 General Definitions
The proposed amendment would revise the definition of “earth tones” to a more updated definition that is more inclusive of available color variations.
FOLSOM BOULEVARD SPECIFIC PLAN
Chapter 3 Project Review
The existing Folsom Boulevard Specific Plan identifies the City Council as the decision-making body for projects within the plan area. The proposed amendment will delete references to “City Council” and replace it with “Planning Commission,” where appropriate and applicable.
Chapter 8 Glossary
The proposed amendment will revise the definition of “personal services” in the Folsom Boulevard Specific Plan to be consistent with the definition in the Zoning Code.
ENVIRONMENTAL ANALYSIS
CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment” (CEQA Guidelines, § 15378). As reflected in State CEQA Guideline 15061(b)(3), an activity is not subject to CEQA, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” The proposed amendments are not a “project” within the meaning of CEQA because the amendments seek to further regulate or clarify uses that are already present in the City or provide consistency with State law and no significant expansion of these activities can reasonably be anticipated to occur. Because no expansion of uses or activities is reasonably anticipated, no possibility exists that the ordinance will result in a significant effect on the environment. Thus, the proposed Ordinance is not subject to the requirements of CEQA.
However, in the event that adoption of the Ordinance is considered a CEQA project, it would nonetheless qualify for categorical exemptions as set forth below.
City Council Staff Report - Page 3 of 3
CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in the proposed ordinance does not approve any physical development, and it would not result in a direct or indirect physical changes in the environment. Any specific development projects that may result from these changes will be subject to environmental review. The proposed amendments are consistent with the City’s General Plan. For these reasons, the proposed amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these Municipal Code amendments are exempt from review under CEQA and no further environmental review is necessary.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact.
ATTACHMENT(S)
1. Ordinance
2. Exhibit A to the Ordinance
3. Track Changes
ITEM 18.1. ATTACHMENT 1
Ordinance No. XX-2024 Page 1 of 4
CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AMENDING TITLE 23, CHAPTER 23.113 ZONING CERTIFICATION, CHAPTER 23.313 MIXED-USE ZONING DISTRICTS, CHAPTER 23.731 FENCES, WALLS, AND SCREENING, CHAPTER 23.1104 GENERAL DEFINITIONS, AND FOLSOM BOULEVARD SPECIFIC PLAN CHAPTER 3 PROJECT REVIEW AND CHAPTER 8 GLOSSARY
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:
Section 1. Purpose and Declarations.
WHEREAS, the City conducts periodic updates of the provisions of the Rancho Cordova Municipal Code (RCMC) to ensure compliance with current laws, changes in local policy, consistency with adopted plans and programs, clarify ambiguities, address changing market conditions, reflect best practices, and to address issues or concerns with current regulations; and
WHEREAS, Chapter 23.113 Zoning Certification of the Municipal Code, sets forth the procedures for Zoning Certification:
A. The Ordinance would revise section 23.113.010 to clarify that Zoning Certification is not an “over-the-counter” procedure.
WHEREAS, Chapter 23.313 Mixed-Use Zoning District of the Municipal Code, establishes mixed-use zoning districts in the City:
B. The Ordinance would require a Conditional Use Permit (CUP) for outdoor storage yards in the OIMU zoning district, which is a predominantly office mixed- use zone.
WHEREAS, Chapter 23.731 Fences, Walls, and Screening of the Municipal Code, regulates the height and location of fences, walls, and screening:
A. The Ordinance would delete the word “lattice” in footnote 1 of Table 23.731-1 to indicate that other types of transparent fence material is allowed.
WHEREAS, Chapter 23.1104 General Definitions of the Municipal Code provides all definitions used throughout the Zoning Code:
A. The Ordinance would revise the definition of “earth tones” to a more updated definition that is more inclusive of available color variations.
WHEREAS, the Folsom Boulevard Specific Plan provides the goals, policies, development standards, and design guidelines of future development in the Folsom Boulevard Specific Plan area:
ITEM 18.1. ATTACHMENT 1
Ordinance No. XX-2024 Page 2 of 4 A. The Ordinance would revise Chapter 3 Project Review to delete references to “City Council” as the decision-making body and replace it with “Planning Commission,” where appropriate and applicable.
B. The Ordinance would revise Chapter 8 Glossary to change the definition of “personal services” in the Folsom Boulevard Specific Plan to be consistent with the definition in the Zoning Code.
WHEREAS, on May 6, 2024, the City Council held a properly noticed public hearing for this Ordinance and considered all oral and written testimony.
Section 2: Findings. This Ordinance is adopted pursuant to the following findings:
A.CEQA Compliance. CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, § 15378.) As reflected in State CEQA Guideline 15061 (b) (3), an activity is not subject to CEQA, “[where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” The proposed amendments are not a “project” within the meaning of CEQA because the amendments seek to provide clarification of uses, standards and/or enforcement procedures, address inconsistencies between definitions, delete text that is no longer necessary. Because no expansion of uses or activities is reasonably anticipated, no possibility exists that the ordinance will result in a significant effect on the environment. Thus, the proposed ordinance is not subject to the requirements of CEQA. However, in the event that adoption of the ordinance is considered a CEQA project, it would nonetheless qualify for categorical exemptions as set forth below.
CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in the proposed ordinance does not approve any physical development and it would not result in a direct or indirect physical changes in the environment. Any specific development projects that may result from these changes will be subject to environmental review. The proposed amendments are consistent with the City’s General Plan. For these reasons, the proposed amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these Municipal Code amendments are exempt from review under CEQA and no further environmental review is necessary.
B.The proposed amendment is consistent with the General Plan. The attached Municipal Code Amendments and Folsom Boulevard Specific Plan Amendments (“Amendments”) are consistent with the General Plan. The amendments would address inconsistencies, delete text and graphics that are no longer necessary, and provide clarifying language for implementation.
C.The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The amendments would address inconsistencies, delete text and graphics that are no longer necessary, and provide clarifying language for implementation. None of these proposed amendments will be detrimental to the public interest, health, safety, convenience, or welfare of the City.
ITEM 18.1. ATTACHMENT 1
Ordinance No. XX-2024 Page 3 of 4 D.The proposed amendments are internally consistent with other applicable provisions in this Zoning Code. The Amendments have been reviewed for consistency with the entirety of the Municipal Code and are consistent with other applicable provisions of the Municipal Code.
Section 3.Amendments to Title 23 Zoning Code
The City Council hereby adopts the amendments to Title 23 Zoning Code of the Rancho Cordova Municipal Code, as shown and incorporated in Exhibit A to this Ordinance.
Section 4. Amendments to the Folsom Boulevard Specific Plan The City Council hereby adopts the amendments to the Folsom Boulevard Specific Plan, as shown and incorporated in Exhibit A to this Ordinance.
Section 5.Severability
If any provision of this Ordinance or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid or unenforceable.
Section 6. Effective Date
Within fifteen (15) days after adoption, a Summary of this Ordinance shall be published once in the Grapevine Independent, or the Sacramento Bee, a newspaper of general circulation printed and published in Sacramento County and circulated in the City of Rancho Cordova, in accordance with Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
ITEM 18.1. ATTACHMENT 1
Ordinance No. XX-2024 Page 4 of 4 PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the ___ day of _____, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
David Sander, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
Rancho Cordova
Municipal Code
Amendments
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Note to Reader: Only those sections and/or subsections listed within this document are being amended. Unless otherwise indicated, all sections and subsections prior to and after the amended section and/or subsection shall remain, unchanged.
CHAPTER 23.113 ZONING CERTIFICATION
23.113.010 Purpose.
Zoning certification is an administrative procedure to certify that a proposed structure or land use is allowed in the applicable zoning district and that the project complies with all applicable requirements of the zoning code. This includes building permit plan check, business license review, home occupations, sign permits, and similar activities that require a compliance check with regard to zoning code provisions. [Ord. 4 -2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.5.010)].
CHAPTER 23.313 MIXED-USE ZONING DISTRICTS
23.313.030 Allowed land uses and permit requirements.
Table 23.313-1 identifies allowed uses and corresponding permit requirements for the mixed -use districts subject to compliance with Chapter 23.304 RCMC (Land Use Classification) and all other provisions of this title.
Descriptions/definitions of the land uses can be found in Article 11 of this title (Definitions). The specific use regulations column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title.
Use regulations in the table are shown with a representative symbol by use classification listing: “P” symbolizes uses allowed by right, “AUP” symbolizes uses that require approval of an administrative use permit, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted.
Table 23.313-1: Allowed Use and Permit Requirements for Mixed-Use Districts
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Residential Uses
Adult Day Care Home P N N N N N N N
Caretaker Housing P P P P P P P P RCMC
23.901.020
Dwelling, Multifamily P1 P1, 2 P1, 2 N N P1 P1 P1
Dwelling, Accessory Unit P N N N N N N N RCMC
23.901.060
Dwelling, Single-Family P1 P1, 2 P1, 2 N N P1 P1 P1
Dwelling, Two-Family P1 P1, 2 P1, 2 N N P1 P1 P1
Emergency Shelter C C C C N N N N
Family Day Care Home, Small P N N N N N N N
Family Day Care Home, Large17 P N N N N N N N RCMC
23.901.080
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Group Residential AUP N N N N N N N
Home Occupations P P P N N P P P RCMC
23.901.030
Live-Work Facility P1 P1 P1 N N P1 P1 P1 RCMC
23.901.040
Residential Care Home, Small P N N N N N N N
Residential Care Home, Large18 AUP N N N N N N N RCMC
23.901.090
Transitional Housing P N N N N N N N
Low-Barrier Navigation Center P N N N N N N N
Agriculture, Resource, and Open Space Uses
Beekeeping N N N N N N N N Chapter 8.12
RCMC
Recreation, Education, and Public Assembly Uses
Clubs, Lodges, and Private
Meeting Halls
P P P P AUP P P P
Community Centers/Civic Uses P P P P AUP P P P
Indoor Amusement/
Entertainment Facility32, 33
AUP P P P AUP AUP P P
Indoor Fitness and Sports
Facility32, 33
AUP P P P AUP AUP P P
Libraries and Museums P P P P P P P P
Outdoor Commercial
Recreation32, 33
N C N N P C C C
Parks and Public Plazas P P P P C P P P
Public Safety Facility P P P P P P P P
Religious Institutions P P P P P P P P
Schools, Private and
Special/Studios31
P P P P C P P P
Schools, Public31 P P P P P P P P
Theaters and
Auditoriums32, 33
C P P P N AUP P P
Urban Agriculture
Aquaculture P24 P24 P24 P24 P24 P24 P24 P24 RCMC
23.904.030
Community Garden, Public C C C C C C C C RCMC
23.904.030
Community Garden, Private P24 P24 P24 P24 P24 P24 P24 P24 RCMC
23.904.030
Market Garden P24 P24 P24 P24 P24 P24 P24 P24 RCMC
23.904.030
Private Garden P P P P P P P P RCMC
23.904.030
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Urban Ag Stand P25 P25 P25 P25 P25 P25 P25 P25 RCMC
23.904.030
Utility, Transportation, and Communication Use Listings Broadcasting and
Recording Studios
N P P P P N N N
Bus and Transit Shelters P P P P P P P P
Freight Yard/Truck
Terminal
N N N C C N N N
Fuel Storage and
Distribution
N N N N C N N N
Heliports N AUP AUP AUP AUP N N N
Park and Ride Facility C P P P P C C P
Parking Facility AUP P P P P AUP P P
Telecommunication Facility C AUP/
C21
AUP/
C21
AUP/
C21
AUP/
C21
AUP/
C21
AUP/
C21
AUP/
C21
RCMC
23.907.020
Transit Facilities N N N C P N N N
Transit Stations and
Terminals
C P P P P P P P
Utility Facility and Infrastructure AUP AUP AUP AUP AUP AUP AUP AUP RCMC
23.907.030
Retail, Service, and Office Uses22
Adult Day Care Facility N AUP AUP AUP AUP AUP AUP AUP
Alcoholic Beverage Sales,
Off-Site16
N C C2 C2 C2 C C C
Ambulance Service N AUP AUP P P N N N
Animal Sales and Grooming AUP P N N N P P P
Art, Antique, Collectible P2 P P2 P2 N P P P
Artisan Shops AUP P P2 P2 P2 P P P
Bail Bonds N C N N N N N N
Banks and Financial Services P2 P P P P P P P
Bars and Nightclubs23 C3 C3 C2, 3 C2, 3 C2, 3 C3 C3 C3
Bed and Breakfast Inns P P N N N N N N
Brew Pub23 N P P2 P2 P2 P P P
Building Materials Stores and
Yards
N P4 N C4 N N C4 C4
Business Support Services AUP2, 4, 5 P P P AUP P5 P P
Call Centers N N P P AUP N N N
Commercial Marijuana Uses N N N N N N N N
Child Day Care Facility P AUP AUP2 AUP2 AUP2 P C C
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Consignment Store N P N N N N AUP N
Convenience Stores AUP2, 26 AUP26 AUP2, 26 AUP2, 26 AUP2, 26 AUP26 AUP26 AUP26 RCMC
23.910.020
Drive-In and Drive-Through Sales
and Service
N C20, 21 N N C6, 20, 21 C20, 21 C20, 21 C20, 21 RCMC
23.910.030
Equipment Sales and Rental N N N P P N N N
Furniture, Furnishings, and
Appliance Stores
N P N N N N C P
Garden Center/
Plant Nursery
N P N AUP N N C C
Grocery Stores/Supermarkets AUP2 P P2 AUP2 N AUP8 P P
Home Improvement Supplies N P9 N P P N P9 P9
Hotels and Motels32, 33 C2 P P C N C P P
Hotels and Motels, Extended
Stay32, 33
C2 C C C N C C C
Kennels, Commercial C2, 4 N N N AUP4 N N N
Maintenance and Repair, Small
Equipment
N P N P P AUP P P
Medical Services, General AUP2 P P P P P P P
Medical Services, Extended Care P C C C N N N N
Medical Services, Hospitals N P P P P P P P
Mortuaries and Funeral Homes15 N P N N P15 N N N
Neighborhood Market P2 P P2 AUP2 N P P P
Offices, Business and Professional P2 P2 P P N P2 P2 P2 Offices, Accessory P P P P P P P P
Personal Services P2, 5 P P2 P2 P2 P P P
Residential Care Facility AUP C C N N N N N
Restaurants P2 P P2 P2 P2 P P P
Retail, Accessory P2 P P6 P6 P6 P P P
Retail, General P2, 11 P N N N P P P
Retail, Warehouse Club N P N N N N C P
Smokers’ Lounge, Hookah Bar,
E-Cigarette Lounge, and Vapor
Lounge
N N N N N N N N RCMC
23.919.100
Tasting Room, Off-Site23 N P P2 P2 P2 P P P
Veterinary Facility AUP2 P N AUP AUP AUP P P
Automobile and Vehicle Uses
Auto and Vehicle Sales and Rental N P19 N N P19 N N N RCMC
23.913.040
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Auto and Vehicle Sales, Wholesale N N N C P N N N
Auto and Vehicle Storage N N N C12 P12 N N N
Auto Parts Sales N P11, 12 N N P11, 12 N N N
Car Washing N C C C C N C C RCMC
23.913.050
Detailing/Waterless Car Wash N AUP AUP AUP N N N N
Service Stations N AUP C C P N C C
Vehicle Services, Major N N N C12 P12 N N N
Vehicle Services, Minor N AUP12, 13 N AUP12 P12 N N N
Industrial, Manufacturing, and Processing Uses
Agricultural Products
Processing
N N N N C N N N
Artisanal and Specialty
Manufacture, Display, and Sales
N P P P P P P P
Brewery, Winery, Distillery N P29 P29 P29 P29 P29 P29 P29 Manufacturing, Major N N N N C14 N N N
Manufacturing, Minor N N N P P N N N
Manufacturing, Small Scale N P P P P P N N
Printing and Publishing N C C P P N N N
Recycling Facility, Processing N N N N C N N N
Recycling Facility, Scrap and
Dismantling Facility
N N N N C N N N
Research and Development N N P P P N N N
Storage, Personal Storage Facility N N N C27 P27 N N N Chapter 23.915 RCMC
Storage, Warehouse N N N P P N N N
Storage, Yards N N N C34 P14 N N N Chapter 23.728
RCMC
Wholesaling and Distribution N N N P14 P14 N N N
Special Regulated Uses
Bingo Parlors N P30 P30 P30 N N N N Chapter 4.26
RCMC
Card Rooms N P C C C N N N RCMC
23.919.020
Check Cashing Businesses N P N N N N N N RCMC
23.919.030
Massage Parlors, Massage
Establishments
N P28 N N N N N N Chapter 4.33
RCMC
Pawnshops N P N N N N N N RCMC
23.919.040
Recycling Facility, Collection N C C C P C C C RCMC
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Facility 23.919.050
Sexually Oriented Businesses N N N N P N N N RCMC
23.919.060
Smoke Shops N P N N C N N N RCMC
23.919.070
Tattoo Parlors N P N N N N N N RCMC
23.919.080
Thrift Stores N P N AUP AUP N N N RCMC
23.919.090
Notes:
1. See the density restrictions in the underlying zoning district.
2. This use is permitted or permitted with a use permit as specified only in conjunction with the predominant use of the mixed-use district. In other words, this use is only allowed as part of an integrated development and not as a standalone use. Other uses in the table are allowed as standalone uses.
3. All forms of speaker amplification exterior to the building shall be prohibited unless authorized in combination with project approval or amendment thereto.
4. All activities shall occur within a completely enclosed building or shall be located behind a solid/screened enclosure directly adjacent to the building.
5. Maximum gross floor area is less than 5,000 square feet.
6. Limited to a maximum of 25 percent of the gross floor area of the integrated development.
7. Maximum tenant space shall be 25,000 square feet.
8. Maximum tenant space shall be 50,000 square feet.
9. Uses 25,000 square feet and over require a conditional use permit.
10. Limited to less than 50 percent of the gross floor area of the integrated development.
11. Maximum tenant space shall be 15,000 square feet.
12. All activity and storage must be located within an enclosed structure.
13. No portion of the use shall be located within 500 feet of an intersection.
14. All activity must be entirely screened from public view and not within 500 feet of a residential use. The 500-foot separation from residential uses may be waived if the storage yard adheres to the standards in RCMC 23.728.030(C)(1).
15. A crematory is prohibited in all zones with the exception of LIBP, where it is permitted in association with a mortuary or funeral home.
16. Only establishments that sell alcoholic beverages for off-site consumption require a conditional use permit.
17. See additional provisions in RCMC 23.901.080, Family day care (large).
18. See additional provisions in RCMC 23.901.090, Residential care home (large).
19. This use is not permitted if incidental to and not a primary part of the operation of the primary use. Rentals that are an integral part of a primary use are subject to the additional provisions of RCMC 23.913.040.
20. Drive-throughs that are added to existing buildings may be processed with an AUP.
21. Conditional use permit required if any portion of proposed facility is within 500 feet of a residential zoning district or existing residential use.
22. All commercial activity, display and storage shall occur within a building or within a screen enclosure. A temporary use permit, administrative use permit, or conditional use permit may be obtained to deviate from this requirement.
23. Uses which serve alcohol for on-site consumption and which have an “on-sale” license from the California Department of Alcoholic Beverage Control must be located at least 250 feet from any adult live theater at which live nude dancing is performed and which is subject to Section 143.3 of the California Code of Regulations.
24. Private community gardens and market gardens are allowed in the city’s mixed-use districts up to a maximum three acres in size and pursuant to applicable regulations in RCMC 23.904.030. Approval of an administrative use permit is required for said uses greater than three acres in size.
25. On-site urban agriculture stands are allowed up to 120 square feet, on the site of an urban agricultural use consistent with applicable regulations in RCMC 23.904.030.
26. See RCMC 23.910.020 (Convenience stores).
27. See Chapter 23.915 RCMC (Storage, Personal Storage Facility Development Standards).
28. Massage parlors and massage establishments must be located at least 1,000 feet from other massage parlors and massage establishments, as measured from the entrance of each establishment. This shall not apply to any home occupation massage business that is in full compliance with home occupation requirements in Chapter 23.901 RCMC.
29. Over 20,000 square feet requires an administrative use permit.
30. Bingo games and parlors are regulated by Chapter 4.26 RCMC. The city has a limit of no more than two bingo parlors in the city limits at any given time.
31. Dormitories on any parcel that is part of a contiguous campus are permitted as an accessory use to a public or private school.
32. On-site consumption of food is considered a permitted use if the related primary use is a permitted use.
33. On-site consumption of alcohol, as an accessory use to a permitted use, requires approval of an administrative use permit.
34. All storage yards proposed in the OIMU zoning district require a Conditional Use Permit and not subject to RCMC 23.728.020 (Permit requirements and exemptions).
[Ord. 12-2022 § 3 (Exh. A), 2022; Ord. 1-2022 § 3 (Exh. A); Ord. 11-2021 § 3 (Exh. A); Ord. 1-2021 § 3 (Exh. A); Ord. 1-2020 § 3 (Exh. A); Ord. 5-2019 § 3 (Exh. A); Ord. 3-2019 § 5 (Exh. A); Ord. 17-2018 § 4 (Exh. A); Ord. 15-2018 § 4 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 5-2017 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 3-2017 § 3 (Exh. A); Ord. 1-2016 § 4; Ord. 15-2015 §§ 2, 3; Ord. 8-2015 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 2.5.030)].
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
CHAPTER 23.731 FENCES, WALLS, AND SCREENING
23.731.050 Fence location.
A. Fences, walls, and screening are not required between land uses unless otherwise specified in this chapter.
B. Fences, walls, and screening must be located outside of any public utility easement, except as authorized by the applicable utility agency.
Table 23.731-1: Maximum Height of Fences, Walls, and Screening in Required Yard Area
Location of Fence/Wall/Screen Maximum
Height
Required front yard area 3 feet2
Required rear and interior side yard area (along
rear and interior property lines)
7 feet1
Required street side yard area 7 feet1, 3
At intersections of streets, alleys, and driveways
within the clear visibility area (definition in
Chapter 23.1104 RCMC (General Definitions))
30 inches
Notes:
1. Maximum height for fences may be increased by designated approval authority as part of design review; provided, that the portion of the fence above seven feet is at least 50 percent transparent.
2. The height of the front yard fence may be increased to five feet when the fence is located a minimum setback of three feet from the property line and remains visually open and transparent (e.g., picket fence, open wood slats, open wrought iron). Fences that are three feet or less may be located at the property line.
3. For fences over three feet in height, the minimum setback of three feet from the property line is required. Fences that are three feet or less may be located at the property line.
[Ord. 5-2019 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].
CHAPTER 23.1104 GENERAL DEFINITIONS
23.1104.020 General definitions.
“Earthtones” means muted shades of gray and muted shades and medium to dark tones of the following colors: burnt umber, raw umber, raw sienna, burnt sienna, red, English red, yellow ochre, chrome green and terra vert.”
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
PROJECT REVIEW
FOLSOM BOULEVARD SPECIFIC PLAN 3-1
A. Plan Administration
The City’s designated planning agencies (Planning Department staff and Planning Commission will have primary responsibility for ensuring implementation of the Folsom Boulevard Specific Plan. As with all development in the city, any entitlement process requires review to ensure consistency with the land use plan and zoning for the area. All properties within the FBSP area are subject to the land use and development standards in this document. This chapter establishes the requirements for review of projects within the FBSP area and the procedures for completing project reviews. The City is committed both to the long-term enhancement of the character and quality of development on the boulevard and to the near-term attraction of private investment to the corridor. Recognizing that many near-term development opportunities will involve small-scale projects, the City has established project review procedures that address three tiers of development—Exempt, Minor, and Major Projects—as described herein.
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
Project Review
3-2 Folsom Boulevard Specific Plan
B. Development Review
New development and redevelopment (reuse and building modification) within the plan area is generally subject to City approval. Approvals may include, but are not limited to, lot mergers and maps, Temporary Use Permits, Conditional Use Permits, and Design Review (minor and major).
Individual project applications will be reviewed to determine consistency with the FBSP and other associated regulatory documents. Unless otherwise noted in this Plan, project reviews within the Plan area shall be conducted consistent with the procedures and requirements established in the City of Rancho Cordova Zoning Code. While review procedures in the plan area are typically dictated by the Zoning Code, the allowed uses and the development standards applicable in the plan area are set forth within this FBSP.
C. Project Type and Review Process
Generally, three categories of project types require subsequent review by the City for property located within the plan area, as follows:
• Lot Changes. This category of project includes lot mergers, lot splits, parcel and subdivision maps, as well as integrated developments. City rules and processes for these types of projects are the same everywhere within the city limits and are outlined in various locations of the Municipal Code. In other words, no special provisions or processes apply within the FBSP. • Land Use Changes. This category of project includes any change of use within an existing building or site, any new use in a new building or site, and temporary and transitional uses.
The FBSP does include allowed use provisions for permanent, temporary, and transitional uses as outlined in Chapter 2 (Land Use Plan and Allowed Uses). This Plan also identifies permit requirements associated with allowed uses (Conditional Use Permit, Limited Use Permit, Administrative Use Permit, and Temporary Use Permit) and refers to the citywide permit process for review of any required use permits consistent with the provisions in this Plan. • Structural/Physical Changes. This category of project includes any structural or physical change to an existing building, any new structure, and temporary structures. The FBSP includes development standards for structural or physical changes, which vary depending on the scale or magnitude of change as outlined in Chapter 4 (Development Standards). Generally, the City requires Design Review for structural/physical changes that are not otherwise exempt. The City defines two levels of Design Review: Minor Design Review is acted upon by the Planning Director and Major Design Review is acted upon by the Planning Commission. The process for Design Review entitlements is consistent with the citywide permit process outlined in the Zoning Code.
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
Project Review
Folsom Boulevard Specific Plan 3-3
To simplify project type and review requirements for subsequent development within the plan area, this chapter of the FBSP defines projects as Exempt, Minor, or Major in subsection 1 below with reference to applicable provisions in subsequent chapters of the Plan. However, the City recognizes that not all projects match the City’s regulations perfectly. In some cases, applicants will bring forward projects with demonstrated community benefits that are not consistent with some portion of the City’s regulations. In these cases, the City may consider granting an Exception subject to the provisions of subsection D of this chapter. Finally, some uses that were established legally in the past may no long be consistent with current City regulations. Such uses are referred to as legal non-conforming uses, and subsection E of this chapter explains how these uses are addressed by the City.
1. Exempt Projects, Minor Projects, and Major Projects
Prior to processing a development application, staff will consult with potential applicants to determine what level of review is required and the process for completing that review. a) Exempt Projects
The following uses, structures, and improvements are considered exempt projects and are not generally subject to review under this FBSP. However, such uses and structures may still require additional permits, such as a City business license or building permit, to ensure compliance with adopted Building Code standards and Zoning Code provisions. 1) Uses in an existing structure that are permitted by right (P) as identified in Chapter 2 (Land Use Plan and Allowed Uses) of this Plan with little or no changes to the exterior, except in conformance with all other limitations below. 2) A single-family custom home on a lot that is consistent with existing zoning. 3) An addition to a single-family residential home that is consistent with existing zoning. 4) Additions to nonresidential structures less than 1,000 square feet in size. 5) Accessory structures consistent with provisions of Zoning Code Chapter 23.734 (Residential Accessory Structures).
6) Repairs, maintenance, and restoration of buildings, site improvements, or structures that do not substantially alter the appearance of the site or structures. 7) Painting, restoration to original condition, windows and window treatments, door installations, and minor façade improvements that involve less than 100 linear feet of building face.
8) Changes to site plan elements that are not specifically required by the citywide Zoning Code (e.g., decorative elements and landscaping that are not specifically required in the citywide landscape requirements).
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
Project Review
3-4 Folsom Boulevard Specific Plan
9) Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure.
10) Second dwelling units subject to California Government Code Section 65583.1. 11) Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric, or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment). b) Minor Projects
The following uses, structures, and improvements are considered Minor Projects, are subject to review under this FBSP, and will require one or more permits or entitlements that are acted upon by the Planning Director consistent with this Plan. 1) Uses allowed subject to an Administrative Use Permit (AUP) or Limited Use Permit (LUP) as identified in FBSP Chapter 2 (Land Use Plan and Allowed Uses) which also conform to the other minor structural modifications below.
2) New construction of a nonresidential building or structure or expansion of an existing nonresidential structure that results in less than 5,000 square feet additional building area in all zoning districts unless exempt in Zoning Code Section 23.140.030 are subject to Minor Design Review.
3) Nonresidential façade renovations that involve less than 200 linear feet of façade frontage of an existing building, unless exempt in Zoning Code Section 23.140.030, are subject to Minor Design Review.
4) Significant changes to multi-family and all nonresidential site plans that impact required site plan elements (e.g., required parking, shade canopy, lighting, landscaping) are subject to Minor Design Review.
5) The exterior remodel of multi-family residential buildings or structures are subject to Minor Design Review.
c) Major Projects
The following uses, structures, and improvements are considered Major Projects, are subject to review under this FBSP, and will require one or more permits or entitlements that are acted upon by the Planning Commission consistent with this Plan. 1) Uses subject to a Conditional Use Permit (CUP) as identified in FBSP Chapter 2 (Land Use Plan and Allowed Uses).
2) Single-family residential subdivision maps are subject to the Major Design Review and Tentative Subdivision Map entitlement processes.
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
Project Review
Folsom Boulevard Specific Plan 3-5
3) Master home plans for single-family residential subdivisions are subject to Major Design Review.
4) Multi-family residential development is subject to Major Design Review. 5) Commercial development equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) is subject to Major Design Review.
6) Office development equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) is subject to Major Design Review.
7) Industrial development equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) is subject to Major Design Review.
8) Public/quasi-public developments (e.g., public safety facilities, library, city facilities) equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) are subject to Major Design Review. 9) Exceptions to Development Standards.
2. Project Review Process and Timeline
As previously identified, the project review process for projects located within FBSP shall comply with the permit processing requirements in the Citywide Zoning Code. However, in order to provide some degree of certainty or predictability, the City has identified the following range of project review timelines for projects located within the plan area. These project review timelines commence with the determination of a complete application for the various entitlements listed below. The range of time takes into consideration varying degrees of project complexity.
Permit or Entitlement Type Estimated Timeline to Decision/Action Administrative Use Permit 4 to 6 weeks
Limited Use Permit 4 to 6 weeks
Conditional Use Permit 6 to 10 weeks
Minor Design Review 6 to 10 weeks
Major Design Review 8 to 12 weeks
D. Exceptions
The City Council supports the vision and development standards established in the Folsom Boulevard Specific Plan and encourages all developers to review and adhere to the strict application of these standards when designing future projects. The City Council also recognizes ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
Project Review
3-6 Folsom Boulevard Specific Plan
the real-world challenges that the vision and development standards present in a depressed economy and as such, desires to provide additional flexibility for projects that will benefit the community in specific, identified ways. In conjunction with Major Design Review, project-level CEQA review, and any other required entitlements, an applicant may request that the Planning Commission approve an exception to allow a development project that does not strictly adhere to the Specific Plan or to other City development standards.
The Planning Commission may grant an Exception for any development standard in the FBSP if the use is permitted as outlined in this Plan and the project meets at least four of the following six conditions:
1) Will fulfill a compelling community need, as indicated by an existing City goal, General Plan policy, budget priority, or other Council-adopted policy document. 2) Will improve an existing blighted situation by removing 100 percent of the blight located on the subject property.
3) Will provide unmet services to a currently underserved community. 4) Will create at least 15 new permanent full-time jobs (or new jobs equivalent to at least 15 full- time equivalents) or a minimum of 1 job per 500 square feet. 5) Will generate annual sales tax contributions to the City in excess of $25,000. 6) Investments in the property will increase the property tax revenue for the subject parcel(s) by at least 250 percent.
To the extent practical, development projects should comply with FBSP development standards.
All projects remain subject to Design Review as established in Sections 23.140 and 23.141 of the Zoning Code. An Exception request must be included and will be reviewed in conjunction with the project’s Design Review application. It is the applicant’s responsibility to request relief from specific provisions of the FBSP development standards and provide justification for why standards cannot be met. It is also the applicant’s responsibility to provide evidence of compliance with at least four of the conditions listed above to support the Exception request. The Planning Commission is the approving authority for all Exception requests.
Under no circumstance shall an Exception result in any of the following:
• Allow a land use not otherwise permitted or conditionally permitted in the zone • Allow a detrimental environmental impact not adequately analyzed • Waive payment of applicable impact fees
• Waive a specific prohibition
• Waive or modify a procedural requirement
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
Project Review
Folsom Boulevard Specific Plan 3-7
The procedure for granting Exceptions allowed under this provision is provided in Section
23.110.150(D) of the City’s Zoning Code. In granting the Exception, the Planning Commission shall make the following findings:
1) The proposed project qualifies for an Exception by meeting at least four of the six conditions required for granting of an Exception as defined above. 2) The Planning Commission has determined that the proposed project has adhered to the vision of the Folsom Boulevard Specific Plan to the fullest extent practicable. 3) The applicant has provided substantial evidence that the conditions for the Exception will be met following construction and operation of the project. Further, the applicant has agreed to conditions of approval guaranteeing these requirements will be met or exceeded throughout the life of the project.
4) Granting the Exception will not adversely affect the interests of the public or the interests of the residents and property owners in the vicinity of the premises in question, and shall not establish a precedent for other project requests.
5) Granting the Exception will not endanger the public health and safety.
E. Nonconforming Uses and Structures
The FBSP assumes changes in land use and development patterns from existing conditions over time. This section establishes special considerations and exceptions to the FBSP regulations for nonconforming land uses and structures that were legal uses or structures when first established.
If the same uses or development patterns came forward today, they would be prohibited, regulated, or restricted differently under the terms of the FBSP. It is the intent of these regulations to allow the continuation of nonconforming uses and structures, with some limitations as described below.
1. Continuation, Re-Occupancy, and Maintenance of Nonconforming Uses and Structures
a) A nonconforming use may continue to operate in perpetuity, be transferred, or be sold, provided that the use shall not be enlarged or intensified nor be expanded to occupy a greater area than it lawfully occupied before becoming nonconforming (except as provided in the Nonconforming Use Permit Procedures subsection below). Any use approved as of the date this chapter becomes effective may be carried out as approved. Any extension of such approval, for which the applicant was entitled to apply as of the effective date, may be granted according to the regulations in effect prior to the effective date; if granted, such extension will be considered the same as an approval granted before the effective date. b) A nonconforming structure may be maintained or improved as follows:
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
Project Review
3-8 Folsom Boulevard Specific Plan
• Maintenance and repair. A nonconforming structure may be maintained and repaired. • Seismic retrofitting and Building Code compliance. Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the Building Code. • Structural alteration of a nonconforming structure to improve safety or to reduce fire hazard.
2. Modification and Expansion of Nonconforming Uses and Structures A nonconforming use or structure may be modified or expanded, subject to the provisions of the Nonconforming Use Permit Procedures subsection as follows:
a) Structural modification. Addition, enlargement, extension, or relocation of a nonconforming structure may be allowed if the changes to the structure conform to applicable provisions of this Specific Plan. Such modifications may not expand the extent of the nonconforming aspect of the structure or result in any new nonconforming conditions for the subject property.
b) Expansion of use. Expansion or modification of a nonconforming use may be allowed subject to the Nonconforming Use Permit Procedures subsection. c) Exterior improvements or expansion of structures may also require Design Review approval in keeping with the City’s Zoning Code.
3. Destruction and Replacement of Nonconforming Uses and Structures
If a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed, the structure may be repaired or rebuilt and reoccupied in the same manner in which it originally existed, if the restoration is started within one year of the date of the damage and is diligently pursued to completion.
4. Loss of Nonconforming Status
If a nonconforming use is discontinued for a continuous period of 18 months or more, rights to nonconforming status shall terminate. The Planning Director shall base determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Maintenance of a valid business license shall in and of itself not be considered a continuation of the use. Without further action by the City, any subsequent use of the site or structure shall comply with all of the ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
Project Review
Folsom Boulevard Specific Plan 3-9
regulations of the applicable district and all other applicable provisions of this Specific Plan and relevant sections of the Zoning Code.
5. Extension of Nonconforming Use Status
A property owner may request of the Planning Director an additional 6 months’ extension to the 18-month nonconforming use time period. Such a request must be supported by any of the following:
a) Evidence of active marketing of the tenant space accompanied with regular maintenance of the property in a manner that supports such marketing efforts. b) A signed lease agreement and anticipated occupancy within the extension period. c) Issuance of a valid Building Permit for interior or exterior remodel and anticipated occupancy within the extension period.
6. Nonconforming Use Permit Procedures
a) Permit requirements. A Nonconforming Use Permit is required for the expansion or modification of existing nonconforming structures or uses. The intent of this permit is to allow for individual review of requests to expand or modify a nonconforming use in a manner that ensures compatibility with surrounding areas and uses. b) Approving authority. The Planning Commission shall be the final decision-making body for all Nonconforming Use Permits.
c) Required findings. A Nonconforming Use Permit shall be granted only when the designated approving authority determines that the proposed use or activity complies with all of the following findings.
i. The establishment, maintenance, or operation of the use expansion applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
ii. The benefit to the public health, safety, or welfare exceeds the detriment inherent in the expansion of nonconformity.
iii. The modified or expanded nonconforming structure or use would not be incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.
iv. The modified or expanded nonconforming structure or use would be consistent with the General Plan.
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
Project Review
3-10 Folsom Boulevard Specific Plan
d) Conditions/guarantees. The designated approving authority may impose conditions and/or require guarantees for the Nonconforming Use Permit to ensure compliance with this section and other applicable provisions of the citywide Zoning Code and to prevent adverse or detrimental impact to surrounding neighborhoods.
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 3
Project Review
Folsom Boulevard Specific Plan 3-11
This page is intentionally left blank
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
GLOSSARY
FOLSOM BOULEVARD SPECIFIC PLAN 8-1
A. Terms
Floor area ratio (FAR) is defined as the gross floor area permitted on a site divided by the total gross area of the site. For example, on a site with 10,000 net square feet of land, a floor area ratio of 1.0 will allow a maximum of 10,000 gross square feet of building floor area (which may be distributed in one or more buildings and single or multiple stories). On the same site, a FAR of 1.5 would allow 15,000 square feet of floor area, a FAR of 2.0 would allow 20,000 square feet, and a FAR of 0.5 would allow only 5,000 square feet. The following illustration is provided to communicate this concept at a FAR of 0.5.
Figure 8-1. Example FAR at 0.5
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
8-2 Folsom Boulevard Specific Plan
B. Use Classifications
The permitted land uses districts are unique to this Specific Plan. Where there are conflicts with existing definitions in the City’s Zoning Code, the use classifications of this Specific Plan will prevail. The listing of use classifications below is organized alphabetically.
Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for consumption off-premises. On-premises consumption is not included in this definition and is considered accessory to the primary use.
Artisan Shop. A retail store selling art glass, ceramics, jewelry, and other handcrafted items and supplies needed to create finished items, where the facility includes an area for the crafting of the items being sold.
Artisanal and Specialty Manufacture, Display and Sales. The manufacture, display and sales of specialty food and goods requiring the transformation of raw materials into products that may be edible, useful or decorative. Outdoor display, sales and consumption on premises may be included subject to zoning and accessibility requirements, and any other applicable state or local regulations such as, but not limited to, the California Uniform Food Facilities Law (CURFFL).
Art, Antique, Collectable. Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectable items including sports cards and comic books. Stores selling handcrafted items that are produced on the site are defined separately as “Artisan Shops.” Auto and Vehicle Retail Sales and Rental. Retail establishments selling and/or renting automobiles, trucks, and vans. This use listing includes the sales and rental of mobile homes, recreation vehicles, and boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see “Auto Parts Sales”), bicycle and moped sales (see “Retail – General”), tire recapping establishments (see “Vehicle Services – Major”), businesses dealing exclusively in used parts, (see “Recycling Facility– Scrap and Dismantling”), or “Service Stations,” which are separately defined.
Auto and Vehicle Sales, Wholesale. Wholesale establishments selling new and used vehicles and used vehicle parts.
Auto and Vehicle Storage. Facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes but is not limited to storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, and recreation vehicles. Does not include vehicle dismantling or retail sales.
Auto Parts Sales. Stores selling new and used automobile parts, tires, and accessories. May also include minor parts installation (see “Vehicle Services”). Does not include tire recapping establishments, which are found under “Vehicle Services – Major” or businesses dealing exclusively in used parts, which are included under “Recycling Facility – Scrap and Dismantling.” ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
Folsom Boulevard Specific Plan 8-3
Banks and Financial Services. Financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATM) that are attached or stand- alone.
Bars and Nightclubs. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g., music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Bars and nightclubs may include outdoor food and beverage areas.
Bed and Breakfast. A residential structure with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel and is included under the definition of “Hotels/Motels.” Brewery, Winery, Distillery. A facility where specific alcoholic beverages are manufactured. A tasting room is permissible as part of the onsite manufacturing of alcoholic beverages for the brewery, winery or distillery that has been licensed by Alcoholic Beverage Control. Tasting rooms must comply with retail hours of operation from 10:00 AM to 10:00 PM. Tasting shall follow all guidelines established and enforced by Alcoholic Beverage Control (ABC). All manufacturing activities occur within a completely enclosed building or in an outdoor work area screened from view. Off-site sales of alcoholic beverages are allowed at this facility consistent with ABC licensure.
Prior to occupancy, all craft breweries, wineries, or distilleries shall provide evidence of acquisition of all required state and federal permits.
Brew Pub. An establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on-site. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the Alcoholic Beverage Control. Service of brewed beverages must be in conjunction with the service of food. Manufacturing activities shall occur entirely within an enclosed building or outdoor work area screened from public view and be separated from the restaurant portion of the facility by applicable Building Codes. All beverage tasting shall occur within the restaurant portion of the facility. Brew pubs may not produce more than 5,000 barrels of beverage (all types of beverage combined) annually. May also include the wholesale distribution of beverages for off-site consumption.
Building Materials Stores and Yards. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Warehousing and Distribution.” Hardware stores are listed in the definition of “Retail – General,” even if they sell some building materials. Also see “Home Improvement Supplies” for smaller specialty stores.
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
8-4 Folsom Boulevard Specific Plan
Business Support Services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Other support services include but are not limited to equipment repair services (except vehicle repair, see “Vehicle Services – Major”), commercial art and design (production), computer-related services (rental, repair), copying, quick printing, and blueprinting services (other than those defined as “Printing and Publishing”), equipment rental businesses within buildings (a rental yard is a “Storage Yard”), film processing laboratories, heavy equipment repair services where repair occurs on the client site, janitorial services, mail advertising services (reproduction and shipping), mailbox services, other “heavy service” business services, outdoor advertising services, and photocopying and photofinishing.
Card Room. Gambling establishments that offer card games for play by the public.
Caretaker Housing. A residence that is accessory to a nonresidential primary use of the site, where needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.
Car Wash and Detailing. Permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are typically fundraising activities generally conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day, and are not part of this use classification.
Check Cashing Business. An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving a similar purpose. Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution (see “Banks and financial services”).
Child Day Care Facility. A State-licensed facility which provides nonmedical, care, protection, and supervision to more than 14 children under 18 years of age on a less than 24-hour basis.
Commercial or nonprofit child day care facilities include infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility or as an independent land use. Also see “Day Care Home (Adult Day Care, Family Day Care – Small, and Residential Care).”
Clubs, Lodges, and Private Meeting Halls. Permanent meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members (e.g., business associations, civic, social and fraternal organizations, labor unions and similar organizations, political organizations, professional membership organizations).
Community Center. Multipurpose meeting and recreational facility typically consisting of one or more meeting or multipurpose rooms, kitchen, and/or outdoor barbecue facilities that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
Folsom Boulevard Specific Plan 8-5
Community Garden. A privately or publicly owned vacant parcel of land used by the community or a neighborhood for the growing of fruits, vegetables, and culinary herbs for personal consumption and/or to be offered for sale on site or at a local Certified Farmers Market.
Day Care Home (Adult Day Care, Family Day Care – Small, and Residential Care). This classification includes Adult Day Care, Family Day Care – Small, and Residential Care Home as defined by the State. Generally, these homes provides supervision and nonmedical care to six or fewer persons, in the provider’s own home, on a less than 24-hour basis.
Drive-In and Drive-Through Sales and Services. Facilities where food or other products and services may be obtained by motorists without leaving their vehicles. These facilities include but are not limited to fast-food restaurants, drive-through coffee, dairy product, photo stores, drive- up bank teller windows, and dry cleaners. Does not include automatic teller machines (ATMs), automobile service stations, or car washes, which are separately defined.
Dwelling, Multifamily. A building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).
Dwelling, Second Unit. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit.
This definition includes granny flats.
Dwelling, Single-Family. A building designed exclusively for occupancy by one family on one or more lots. This classification includes manufactured homes (defined in California Health and Safety Code Section 18007) and model homes for the first sale of homes within the subdivision.
Dwelling, Two-Family. An attached building (e.g., duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. This definition also includes halfplexes (two attached units, each with a separate lot). More than one two-family dwelling may be located on a single lot consistent with the density provisions of the General Plan. Does not include second dwelling units.
Emergency Shelter. Any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless.
Event and Office Equipment Sales and Rental. Service establishments which may offer a wide variety of materials and equipment for rental (e.g., event table and chairs, portable dance floors, office equipment).
Family Day Care Home – Large. A State-licensed facility that provides nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family residence.
The occupant of the residence provides care and supervision generally for 7 to 14 children. As described in the California Health and Safety Code, large day care homes may provide services for up to 16 children when specific conditions are met.
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
8-6 Folsom Boulevard Specific Plan
Fuel Storage and Distribution. A large-scale facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.
Grocery Store/supermarket. A retail business of more than 15,000 square feet in size where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full-service businesses do not typically have limited hours of operation. See separate listing for “Neighborhood Market”.
Heliport. A designated, marked area on the ground or on the top of a structure where helicopters may land at any time.
Home Improvement Supplies. Establishments (retail or wholesale) that sell kitchen, bath, furnishings, carpeting, and other home-oriented supplies. Other retail uses are permitted if accessory to the primary use. These uses may include an expansive showroom. This category does not include the sale of lumber and does not permit the outdoor display of merchandise. This use classification is a subcategory of the larger Building Materials Stores and Yards use classification and may be combined with or separate from such uses.
Home Occupation. The conduct of business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.
Hotels/Motels. Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging (e.g., restaurants, meeting facilities, personal services). Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
Indoor Amusement/Entertainment Facilities. Establishments providing indoor amusement and entertainment services for a fee or admission charge (e.g., dance halls and ballrooms, electronic game arcades). Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade; three or less machines are considered accessory to the primary use of the site.
Indoor Fitness and Sports Facilities. Predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs, and health clubs. This use does not include special studios not a part of an athletic or health club (e.g., karate studio, dance studio, etc.). Also see “Schools – Private and Special/Studio.” Kennels. These facilities provide boarding of animals. May also include day-time boarding and activity for animals (e.g., “doggie day care”).
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
Folsom Boulevard Specific Plan 8-7
Libraries, Museums, and Similar Facilities. Public or quasi-public facilities such as aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.
Live-Work Facility. Rowhouse or conventional house with the first story or the front of the home available as a commercial space. The commercial space may be independently leased or used by an occupant of the residential unit. The building construction must meet the building and fire code based on the use type. The work space shall contain an active use and not be used exclusively for storage or warehousing. For example, the unit may include:
• First-floor storefront for retail or service business activity; • Restaurant, café, or catering establishment with a complete kitchen and sanitary facilities; • Minor fabrication activities (e.g., carpentry, light welding, print shop, artist studio); and • Office space.
Manufacturing – Major. Manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, plastics and rubber products manufacturing. Also see “Manufacturing – Minor” and “Manufacturing – Small-Scale.” Manufacturing – Minor. Manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, food and beverage manufacturing, etc. Also see “Manufacturing – Major” and “Manufacturing – Small-Scale.” Manufacturing – Small-Scale. Establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products. Also see “Manufacturing – Major” and “Manufacturing – Minor.”
Massage Parlor. An establishment where the primary service is to provide massages to customers. This does not include businesses where massage is a secondary use such as a beauty salon or chiropractor’s office.
Medical Services – Extended Care. Residential facilities providing nursing and health-related care as a primary use with inpatient beds, including but not limited to board and care homes, convalescent and rest homes, extended care facilities, skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Day Care Home (Adult Day Care, Family Day Care – Small, and Residential Care).” ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
8-8 Folsom Boulevard Specific Plan
Medical Services – General. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals (e.g., medical and dental laboratories, medical, dental and psychiatric offices, outpatient care facilities, allied health service). Counseling services by other than medical doctors or psychiatrists are included under “Offices – Business and Professional.”
Medical Services – Hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of “Retail – Accessory”), and emergency heliports.
Neighborhood Market. A pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are more than 5,000 square feet and less than 15,000 square feet in size and operate less than 18 hours per day. Neighborhood markets may include deli services that are ancillary to the market/grocery portion of the use. See also “Grocery store/supermarket”.
Offices – Accessory. Offices that are accessory to another business or sales activity that is the primary use. This does not apply to incidental office space that is part of the primary tenant space.
The qualification criteria for this definition are that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the primary tenant space.
Offices – Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see “Medical Services – General”), temporary offices (see “Offices – Temporary”), or offices that are incidental and accessory to another business or sales activity that is the primary use (see “Offices – Accessory”). Outdoor storage of materials is prohibited.
Outdoor Commercial Recreation. Facility for various outdoor participant sports and types of recreation where a fee is charged for use (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic club with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).
Park and Ride Facility. A designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.
Parks and Public Plazas. Public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately owned and restricted to the ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
Folsom Boulevard Specific Plan 8-9
public (e.g., require payment of fee), the same facilities are included under the definition of “Outdoor Commercial Recreation.”
Pawn Shop. Any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted.
Personal Services. Establishments providing nonmedical services as a primary use, including but not limited to barber and beauty shops, permanent makeup application, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, massage parlors, spas and hot tubs for rent, and tanning salons.
Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include “quick printing” services or desktop publishing, which are included in “Business Support Services.” Public Safety Facility. A facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities.
Recycling Facility – Collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials.
This also includes so-called “reverse vending machines,” an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container’s redemption value as determined by the state.
Recycling Facility – Processing. A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user’s specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
Recycling Facility – Scrap and Dismantling. Uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials, including the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. The ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
8-10 Folsom Boulevard Specific Plan
presence on any lot or parcel of land of five or more inoperable vehicles from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. This use does not include landfills or other terminal waste disposal sites.
Religious Institutions. Facilities operated by religious organizations for worship or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which where authorized in conjunction with the primary use). Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals, and other potentially related operations (e.g., recreational camp), are classified according to their respective activities.
Research and Development. Indoor facilities for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site.
Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see “Offices – Business and Professional”), soils and other materials testing laboratories (see “Business Support Services”), or medical laboratories (see “Medical Services – General”).
Restaurant. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption, and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.
Retail – Accessory. The retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on-site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single-use development or the combined floor area of an integrated development in a mixed-use project.
Retail – General. Stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of on- site sales), clothing and accessories, collectibles, consignment stores, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores, furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies specialty shops, sporting goods and equipment, stationery, and variety stores.
Schools – Private and Special/Studio. Includes private educational institutions (e.g., boarding schools, business, secretarial, and vocational schools, colleges and universities, establishments ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
Folsom Boulevard Specific Plan 8-11
providing courses by mail or online) and special schools/studios (e.g., art, ballet and other dance, computers and electronics, drama, driver education, language, music, photography). Also includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development (e.g., fitness training studios, gymnastics instruction and aerobics and gymnastics studios, environmental awareness, arts, communications, management). Also see “Indoor Fitness and Sports Facilities.”
Schools – Public. Public educational institutions such as community colleges, universities, elementary schools, middle/junior high schools, high schools, and military academies.
Service Station. A retail business selling gasoline or other motor vehicle fuels, which may include a convenience store and/or self-service car wash. Vehicle services which are incidental to fuel and car wash services are included under “Vehicle Services – Minor.” Sexually Oriented Business. Adult bookstores, adult motion picture theaters, adult live theaters, adult video stores, or any establishment that consists of a combination of such uses. An adult bookstore is a building or a portion thereof used by an establishment either (A) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of books, magazines, or other publications, is devoted to the sale of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (B) where 25 percent or more of the total number of books, magazines, or other publications offered for sale to the public consist of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18. An adult motion picture theater is a building or portion thereof or an area, open or enclosed, which regularly features motion pictures distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 or specified anatomical areas as defined in RCMC 23.919.060. An adult live theater is a building or portion thereof or an area, open or enclosed, which regularly features live performances distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 or specified anatomical areas as defined in RCMC 23.919.060 for observation by patrons or customers. An adult video store is a building or portion thereof used by an establishment either (A) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of videos, is devoted to the sale or rental of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (B) where 25 percent or more of the total number of videos offered for sale or rental to the public consist of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
8-12 Folsom Boulevard Specific Plan
describing, or relating to specified sexual activities as defined in RCMC 23.919.060, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18.
Smoke Shop. An establishment selling smoking, drug, and/or traditional or electronic tobacco paraphernalia or devotes 15 percent or more of the total floor area to selling tobacco products.
Limited sales of tobacco products that commonly occur within convenience stores or service stations are not included in this definition.
Storage, Personal. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.
Storage Yard. The storage of various materials outside of a structure other than fencing, either as an accessory use or a principal use.
Storage, Warehouse. A facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see “Storage, personal storage facility”) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and distribution”).
Tasting Room, Off-site. A facility allowing beer, wine, or spirits tasting with on-site and off- site retail sales directly to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery, winery, or distillery, meeting all applicable requirements of state and federal licensure. The tasting room may be operated as a stand-alone retail use. Food preparation is not permitted. Pre-packaged foods may be sold on premises. Patrons may carry food onsite for personal consumption.
Tasting rooms must comply with the retail hours of operation of 10:00 AM to 10:00 PM.
On-site tasting rooms are included as an accessory use in “Artisanal and Specialty Manufacture, Display and Sales” or “Brewery, Winery, Distillery”. Any facility not operating with these standards is considered “Bars and Nightclubs”.
Tattoo Parlor. Any establishment that engages in the business of tattooing and/or branding human beings.
Telecommunications Facility. Facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including a transmission tower, antenna, and or other facility designed or used for that purpose.
Amateur radio transmission facilities, facilities operated exclusively as part of a public safety network, and facilities used exclusively for the transmission of television and/or radio broadcasts are not telecommunication facilities.
Theatres and Auditoriums. Indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for “live” theater and concerts, exhibition and ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Chapter 8
Glossary
Folsom Boulevard Specific Plan 8-13
convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see “Outdoor Commercial Recreation.”
Thrift Store. A retail establishment selling secondhand goods donated by members of the public.
Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.
Utility Facility and Infrastructure. This includes fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in “Offices”), or equipment and material storage yards.
Vehicle Services – Major. The repair, alteration, restoration, towing, painting, cleaning (e.g., attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work-repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments.
Vehicle Services – Minor. Minor facilities specializing in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check, self-service car wash).
Does not include repair shops that are part of a vehicle dealership on the same site (see “Auto and Vehicle Sales”) or automobile dismantling yards, which are included under “Recycling Facility – Scrap and Dismantling.”
Veterinary Facility. A building that is primarily enclosed, containing only enough cage arrangements as necessary to provide veterinary services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long-term medical care. Grooming and boarding of animals is allowed only if accessory to the facility use.
Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, and heating and air conditioning supplies and equipment.
ITEM 18.1.
ATTACHMENT 2
Exhibit A to the Ordinance
Rancho Cordova
Municipal Code
Amendments
Track Changes
ITEM 18.1.
ATTACHMENT 3
Note to Reader: Only those sections and/or subsections listed within this document are being amended. Unless otherwise indicated, all sections and subsections prior to and after the amended section and/or subsection shall remain, unchanged.
CHAPTER 23.113 ZONING CERTIFICATION
23.113.010 Purpose.
Zoning certification is an “over-the-counter” administrative procedure to certify that a proposed structure or land use is allowed in the applicable zoning district and that the project complies with all applicable requirements of the zoning code. This includes building permit plan check, business license review, home occupations, sign permits, and similar activities that require a compliance check with regard to zoning code provisions. [Ord. 4 -2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.5.010)].
CHAPTER 23.313 MIXED-USE ZONING DISTRICTS
23.313.030 Allowed land uses and permit requirements.
Table 23.313-1 identifies allowed uses and corresponding permit requirements for the mixed -use districts subject to compliance with Chapter 23.304 RCMC (Land Use Classification) and all other provisions of this title.
Descriptions/definitions of the land uses can be found in Article 11 of this title (Definitions). The specific use regulations column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title.
Use regulations in the table are shown with a representative symbol by use classification listing: “P” symbolizes uses allowed by right, “AUP” symbolizes uses that require approval of an administrative use permit, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted.
Table 23.313-1: Allowed Use and Permit Requirements for Mixed-Use Districts
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Residential Uses
Adult Day Care Home P N N N N N N N
Caretaker Housing P P P P P P P P RCMC
23.901.020
Dwelling, Multifamily P1 P1, 2 P1, 2 N N P1 P1 P1
Dwelling, Accessory Unit P N N N N N N N RCMC
23.901.060
Dwelling, Single-Family P1 P1, 2 P1, 2 N N P1 P1 P1
Dwelling, Two-Family P1 P1, 2 P1, 2 N N P1 P1 P1
Emergency Shelter C C C C N N N N
Family Day Care Home, Small P N N N N N N N
Family Day Care Home, Large17 P N N N N N N N RCMC
23.901.080
ITEM 18.1.
ATTACHMENT 3
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Group Residential AUP N N N N N N N
Home Occupations P P P N N P P P RCMC
23.901.030
Live-Work Facility P1 P1 P1 N N P1 P1 P1 RCMC
23.901.040
Residential Care Home, Small P N N N N N N N
Residential Care Home, Large18 AUP N N N N N N N RCMC
23.901.090
Transitional Housing P N N N N N N N
Low-Barrier Navigation Center P N N N N N N N
Agriculture, Resource, and Open Space Uses
Beekeeping N N N N N N N N Chapter 8.12
RCMC
Recreation, Education, and Public Assembly Uses
Clubs, Lodges, and Private
Meeting Halls
P P P P AUP P P P
Community Centers/Civic Uses P P P P AUP P P P
Indoor Amusement/
Entertainment Facility32, 33
AUP P P P AUP AUP P P
Indoor Fitness and Sports
Facility32, 33
AUP P P P AUP AUP P P
Libraries and Museums P P P P P P P P
Outdoor Commercial
Recreation32, 33
N C N N P C C C
Parks and Public Plazas P P P P C P P P
Public Safety Facility P P P P P P P P
Religious Institutions P P P P P P P P
Schools, Private and
Special/Studios31
P P P P C P P P
Schools, Public31 P P P P P P P P
Theaters and
Auditoriums32, 33
C P P P N AUP P P
Urban Agriculture
Aquaculture P24 P24 P24 P24 P24 P24 P24 P24 RCMC
23.904.030
Community Garden, Public C C C C C C C C RCMC
23.904.030
Community Garden, Private P24 P24 P24 P24 P24 P24 P24 P24 RCMC
23.904.030
Market Garden P24 P24 P24 P24 P24 P24 P24 P24 RCMC
23.904.030
Private Garden P P P P P P P P RCMC
23.904.030
ITEM 18.1.
ATTACHMENT 3
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Urban Ag Stand P25 P25 P25 P25 P25 P25 P25 P25 RCMC
23.904.030
Utility, Transportation, and Communication Use Listings Broadcasting and
Recording Studios
N P P P P N N N
Bus and Transit Shelters P P P P P P P P
Freight Yard/Truck
Terminal
N N N C C N N N
Fuel Storage and
Distribution
N N N N C N N N
Heliports N AUP AUP AUP AUP N N N
Park and Ride Facility C P P P P C C P
Parking Facility AUP P P P P AUP P P
Telecommunication Facility C AUP/
C21
AUP/
C21
AUP/
C21
AUP/
C21
AUP/
C21
AUP/
C21
AUP/
C21
RCMC
23.907.020
Transit Facilities N N N C P N N N
Transit Stations and
Terminals
C P P P P P P P
Utility Facility and Infrastructure AUP AUP AUP AUP AUP AUP AUP AUP RCMC
23.907.030
Retail, Service, and Office Uses22
Adult Day Care Facility N AUP AUP AUP AUP AUP AUP AUP
Alcoholic Beverage Sales,
Off-Site16
N C C2 C2 C2 C C C
Ambulance Service N AUP AUP P P N N N
Animal Sales and Grooming AUP P N N N P P P
Art, Antique, Collectible P2 P P2 P2 N P P P
Artisan Shops AUP P P2 P2 P2 P P P
Bail Bonds N C N N N N N N
Banks and Financial Services P2 P P P P P P P
Bars and Nightclubs23 C3 C3 C2, 3 C2, 3 C2, 3 C3 C3 C3
Bed and Breakfast Inns P P N N N N N N
Brew Pub23 N P P2 P2 P2 P P P
Building Materials Stores and
Yards
N P4 N C4 N N C4 C4
Business Support Services AUP2, 4, 5 P P P AUP P5 P P
Call Centers N N P P AUP N N N
Commercial Marijuana Uses N N N N N N N N
Child Day Care Facility P AUP AUP2 AUP2 AUP2 P C C
ITEM 18.1.
ATTACHMENT 3
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Consignment Store N P N N N N AUP N
Convenience Stores AUP2, 26 AUP26 AUP2, 26 AUP2, 26 AUP2, 26 AUP26 AUP26 AUP26 RCMC
23.910.020
Drive-In and Drive-Through Sales
and Service
N C20, 21 N N C6, 20, 21 C20, 21 C20, 21 C20, 21 RCMC
23.910.030
Equipment Sales and Rental N N N P P N N N
Furniture, Furnishings, and
Appliance Stores
N P N N N N C P
Garden Center/
Plant Nursery
N P N AUP N N C C
Grocery Stores/Supermarkets AUP2 P P2 AUP2 N AUP8 P P
Home Improvement Supplies N P9 N P P N P9 P9
Hotels and Motels32, 33 C2 P P C N C P P
Hotels and Motels, Extended
Stay32, 33
C2 C C C N C C C
Kennels, Commercial C2, 4 N N N AUP4 N N N
Maintenance and Repair, Small
Equipment
N P N P P AUP P P
Medical Services, General AUP2 P P P P P P P
Medical Services, Extended Care P C C C N N N N
Medical Services, Hospitals N P P P P P P P
Mortuaries and Funeral Homes15 N P N N P15 N N N
Neighborhood Market P2 P P2 AUP2 N P P P
Offices, Business and Professional P2 P2 P P N P2 P2 P2 Offices, Accessory P P P P P P P P
Personal Services P2, 5 P P2 P2 P2 P P P
Residential Care Facility AUP C C N N N N N
Restaurants P2 P P2 P2 P2 P P P
Retail, Accessory P2 P P6 P6 P6 P P P
Retail, General P2, 11 P N N N P P P
Retail, Warehouse Club N P N N N N C P
Smokers’ Lounge, Hookah Bar,
E-Cigarette Lounge, and Vapor
Lounge
N N N N N N N N RCMC
23.919.100
Tasting Room, Off-Site23 N P P2 P2 P2 P P P
Veterinary Facility AUP2 P N AUP AUP AUP P P
Automobile and Vehicle Uses
Auto and Vehicle Sales and Rental N P19 N N P19 N N N RCMC
23.913.040
ITEM 18.1.
ATTACHMENT 3
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Auto and Vehicle Sales, Wholesale N N N C P N N N
Auto and Vehicle Storage N N N C12 P12 N N N
Auto Parts Sales N P11, 12 N N P11, 12 N N N
Car Washing N C C C C N C C RCMC
23.913.050
Detailing/Waterless Car Wash N AUP AUP AUP N N N N
Service Stations N AUP C C P N C C
Vehicle Services, Major N N N C12 P12 N N N
Vehicle Services, Minor N AUP12, 13 N AUP12 P12 N N N
Industrial, Manufacturing, and Processing Uses
Agricultural Products
Processing
N N N N C N N N
Artisanal and Specialty
Manufacture, Display, and Sales
N P P P P P P P
Brewery, Winery, Distillery N P29 P29 P29 P29 P29 P29 P29 Manufacturing, Major N N N N C14 N N N
Manufacturing, Minor N N N P P N N N
Manufacturing, Small Scale N P P P P P N N
Printing and Publishing N C C P P N N N
Recycling Facility, Processing N N N N C N N N
Recycling Facility, Scrap and
Dismantling Facility
N N N N C N N N
Research and Development N N P P P N N N
Storage, Personal Storage Facility N N N C27 P27 N N N Chapter 23.915 RCMC
Storage, Warehouse N N N P P N N N
Storage, Yards N N N C34P14 P14 N N N Chapter 23.728
RCMC
Wholesaling and Distribution N N N P14 P14 N N N
Special Regulated Uses
Bingo Parlors N P30 P30 P30 N N N N Chapter 4.26
RCMC
Card Rooms N P C C C N N N RCMC
23.919.020
Check Cashing Businesses N P N N N N N N RCMC
23.919.030
Massage Parlors, Massage
Establishments
N P28 N N N N N N Chapter 4.33
RCMC
Pawnshops N P N N N N N N RCMC
23.919.040
Recycling Facility, Collection N C C C P C C C RCMC
ITEM 18.1.
ATTACHMENT 3
Land Use Category RMU CMU OPMU OIMU LIBP VC LTC RTC Specific Use Regulations
Facility 23.919.050
Sexually Oriented Businesses N N N N P N N N RCMC
23.919.060
Smoke Shops N P N N C N N N RCMC
23.919.070
Tattoo Parlors N P N N N N N N RCMC
23.919.080
Thrift Stores N P N AUP AUP N N N RCMC
23.919.090
Notes:
1. See the density restrictions in the underlying zoning district.
2. This use is permitted or permitted with a use permit as specified only in conjunction with the predominant use of the mixed-use district. In other words, this use is only allowed as part of an integrated development and not as a standalone use. Other uses in the table are allowed as standalone uses.
3. All forms of speaker amplification exterior to the building shall be prohibited unless authorized in combination with project approval or amendment thereto.
4. All activities shall occur within a completely enclosed building or shall be located behind a solid/screened enclosure directly adjacent to the building.
5. Maximum gross floor area is less than 5,000 square feet.
6. Limited to a maximum of 25 percent of the gross floor area of the integrated development.
7. Maximum tenant space shall be 25,000 square feet.
8. Maximum tenant space shall be 50,000 square feet.
9. Uses 25,000 square feet and over require a conditional use permit.
10. Limited to less than 50 percent of the gross floor area of the integrated development.
11. Maximum tenant space shall be 15,000 square feet.
12. All activity and storage must be located within an enclosed structure.
13. No portion of the use shall be located within 500 feet of an intersection.
14. All activity must be entirely screened from public view and not within 500 feet of a residential use. The 500-foot separation from residential uses may be waived if the storage yard adheres to the standards in RCMC 23.728.030(C)(1).
15. A crematory is prohibited in all zones with the exception of LIBP, where it is permitted in association with a mortuary or funeral home.
16. Only establishments that sell alcoholic beverages for off-site consumption require a conditional use permit.
17. See additional provisions in RCMC 23.901.080, Family day care (large).
18. See additional provisions in RCMC 23.901.090, Residential care home (large).
19. This use is not permitted if incidental to and not a primary part of the operation of the primary use. Rentals that are an integral part of a primary use are subject to the additional provisions of RCMC 23.913.040.
20. Drive-throughs that are added to existing buildings may be processed with an AUP.
21. Conditional use permit required if any portion of proposed facility is within 500 feet of a residential zoning district or existing residential use.
22. All commercial activity, display and storage shall occur within a building or within a screen enclosure. A temporary use permit, administrative use permit, or conditional use permit may be obtained to deviate from this requirement.
23. Uses which serve alcohol for on-site consumption and which have an “on-sale” license from the California Department of Alcoholic Beverage Control must be located at least 250 feet from any adult live theater at which live nude dancing is performed and which is subject to Section 143.3 of the California Code of Regulations.
24. Private community gardens and market gardens are allowed in the city’s mixed-use districts up to a maximum three acres in size and pursuant to applicable regulations in RCMC 23.904.030. Approval of an administrative use permit is required for said uses greater than three acres in size.
25. On-site urban agriculture stands are allowed up to 120 square feet, on the site of an urban agricultural use consistent with applicable regulations in RCMC 23.904.030.
26. See RCMC 23.910.020 (Convenience stores).
27. See Chapter 23.915 RCMC (Storage, Personal Storage Facility Development Standards).
28. Massage parlors and massage establishments must be located at least 1,000 feet from other massage parlors and massage establishments, as measured from the entrance of each establishment. This shall not apply to any home occupation massage business that is in full compliance with home occupation requirements in Chapter 23.901 RCMC.
29. Over 20,000 square feet requires an administrative use permit.
30. Bingo games and parlors are regulated by Chapter 4.26 RCMC. The city has a limit of no more than two bingo parlors in the city limits at any given time.
31. Dormitories on any parcel that is part of a contiguous campus are permitted as an accessory use to a public or private school.
32. On-site consumption of food is considered a permitted use if the related primary use is a permitted use.
33. On-site consumption of alcohol, as an accessory use to a permitted use, requires approval of an administrative use permit.
34. All storage yards proposed in the OIMU zoning district require a Conditional Use Permit and not subject to RCMC 23.728.020 (Permit requirements and exemptions).
[Ord. 12-2022 § 3 (Exh. A), 2022; Ord. 1-2022 § 3 (Exh. A); Ord. 11-2021 § 3 (Exh. A); Ord. 1-2021 § 3 (Exh. A); Ord. 1-2020 § 3 (Exh. A); Ord. 5-2019 § 3 (Exh. A); Ord. 3-2019 § 5 (Exh. A); Ord. 17-2018 § 4 (Exh. A); Ord. 15-2018 § 4 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 5-2017 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 3-2017 § 3 (Exh. A); Ord. 1-2016 § 4; Ord. 15-2015 §§ 2, 3; Ord. 8-2015 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 2.5.030)].
ITEM 18.1.
ATTACHMENT 3
CHAPTER 23.731 FENCES, WALLS, AND SCREENING
23.731.050 Fence location.
A. Fences, walls, and screening are not required between land uses unless otherwise specified in this chapter.
B. Fences, walls, and screening must be located outside of any public utility easement, except as authorized by the applicable utility agency.
Table 23.731-1: Maximum Height of Fences, Walls, and Screening in Required Yard Area
Location of Fence/Wall/Screen Maximum
Height
Required front yard area 3 feet2
Required rear and interior side yard area (along
rear and interior property lines)
7 feet1
Required street side yard area 7 feet1, 3
At intersections of streets, alleys, and driveways
within the clear visibility area (definition in
Chapter 23.1104 RCMC (General Definitions))
30 inches
Notes:
1. Maximum height for fences may be increased by designated approval authority as part of design review; provided, that the portion of the fence above seven feet is at least 50 percent transparent (e.g., lattice).
2. The height of the front yard fence may be increased to five feet when the fence is located a minimum setback of three feet from the property line and remains visually open and transparent (e.g., picket fence, open wood slats, open wrought iron). Fences that are three feet or less may be located at the property line.
3. For fences over three feet in height, the minimum setback of three feet from the property line is required. Fences that are three feet or less may be located at the property line.
[Ord. 5-2019 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B)].
CHAPTER 23.1104 GENERAL DEFINITIONS
23.1104.020 General definitions.
“Earthtones” means muted shades of gray and muted shades and medium to dark tones of the following colors: burnt umber, raw umber, raw sienna, burnt sienna, red, English red, yellow ochre, chrome green and terra vert.” colors similar to those found in earth and soils, such as shades of brown or reddish -browns.
ITEM 18.1.
ATTACHMENT 3
Chapter 3
PROJECT REVIEW
FOLSOM BOULEVARD SPECIFIC PLAN 3-1
A. Plan Administration
The City’s designated planning agencies (Planning Department staff and Planning CommissionCity Council) will have primary responsibility for ensuring implementation of the Folsom Boulevard Specific Plan. As with all development in the city, any entitlement process requires review to ensure consistency with the land use plan and zoning for the area. All properties within the FBSP area are subject to the land use and development standards in this document. This chapter establishes the requirements for review of projects within the FBSP area and the procedures for completing project reviews. The City is committed both to the long-term enhancement of the character and quality of development on the boulevard and to the near-term attraction of private investment to the corridor. Recognizing that many near-term development opportunities will involve small-scale projects, the City has established project review procedures that address three tiers of development—Exempt, Minor, and Major Projects—as described herein.
ITEM 18.1.
ATTACHMENT 3
Chapter 3
Project Review
3-2 Folsom Boulevard Specific Plan
B. Development Review
New development and redevelopment (reuse and building modification) within the plan area is generally subject to City approval. Approvals may include, but are not limited to, lot mergers and maps, Temporary Use Permits, Conditional Use Permits, and Design Review (minor and major).
Individual project applications will be reviewed to determine consistency with the FBSP and other associated regulatory documents. Unless otherwise noted in this Plan, project reviews within the Plan area shall be conducted consistent with the procedures and requirements established in the City of Rancho Cordova Zoning Code. While review procedures in the plan area are typically dictated by the Zoning Code, the allowed uses and the development standards applicable in the plan area are set forth within this FBSP.
C. Project Type and Review Process
Generally, three categories of project types require subsequent review by the City for property located within the plan area, as follows:
• Lot Changes. This category of project includes lot mergers, lot splits, parcel and subdivision maps, as well as integrated developments. City rules and processes for these types of projects are the same everywhere within the city limits and are outlined in various locations of the Municipal Code. In other words, no special provisions or processes apply within the FBSP. • Land Use Changes. This category of project includes any change of use within an existing building or site, any new use in a new building or site, and temporary and transitional uses.
The FBSP does include allowed use provisions for permanent, temporary, and transitional uses as outlined in Chapter 2 (Land Use Plan and Allowed Uses). This Plan also identifies permit requirements associated with allowed uses (Conditional Use Permit, Limited Use Permit, Administrative Use Permit, and Temporary Use Permit) and refers to the citywide permit process for review of any required use permits consistent with the provisions in this Plan. • Structural/Physical Changes. This category of project includes any structural or physical change to an existing building, any new structure, and temporary structures. The FBSP includes development standards for structural or physical changes, which vary depending on the scale or magnitude of change as outlined in Chapter 4 (Development Standards). Generally, the City requires Design Review for structural/physical changes that are not otherwise exempt. The City defines two levels of Design Review: Minor Design Review is acted upon by the Planning Director and Major Design Review is acted upon by the Planning CommissionCity Council. The process for Design Review entitlements is consistent with the citywide permit process outlined in the Zoning Code.
ITEM 18.1.
ATTACHMENT 3
Chapter 3
Project Review
Folsom Boulevard Specific Plan 3-3
To simplify project type and review requirements for subsequent development within the plan area, this chapter of the FBSP defines projects as Exempt, Minor, or Major in subsection 1 below with reference to applicable provisions in subsequent chapters of the Plan. However, the City recognizes that not all projects match the City’s regulations perfectly. In some cases, applicants will bring forward projects with demonstrated community benefits that are not consistent with some portion of the City’s regulations. In these cases, the City may consider granting an Exception subject to the provisions of subsection D of this chapter. Finally, some uses that were established legally in the past may no long be consistent with current City regulations. Such uses are referred to as legal non-conforming uses, and subsection E of this chapter explains how these uses are addressed by the City.
1. Exempt Projects, Minor Projects, and Major Projects
Prior to processing a development application, staff will consult with potential applicants to determine what level of review is required and the process for completing that review. a) Exempt Projects
The following uses, structures, and improvements are considered exempt projects and are not generally subject to review under this FBSP. However, such uses and structures may still require additional permits, such as a City business license or building permit, to ensure compliance with adopted Building Code standards and Zoning Code provisions. 1) Uses in an existing structure that are permitted by right (P) as identified in Chapter 2 (Land Use Plan and Allowed Uses) of this Plan with little or no changes to the exterior, except in conformance with all other limitations below. 2) A single-family custom home on a lot that is consistent with existing zoning. 3) An addition to a single-family residential home that is consistent with existing zoning. 4) Additions to nonresidential structures less than 1,000 square feet in size. 5) Accessory structures consistent with provisions of Zoning Code Chapter 23.734 (Residential Accessory Structures).
6) Repairs, maintenance, and restoration of buildings, site improvements, or structures that do not substantially alter the appearance of the site or structures. 7) Painting, restoration to original condition, windows and window treatments, door installations, and minor façade improvements that involve less than 100 linear feet of building face.
8) Changes to site plan elements that are not specifically required by the citywide Zoning Code (e.g., decorative elements and landscaping that are not specifically required in the citywide landscape requirements).
ITEM 18.1.
ATTACHMENT 3
Chapter 3
Project Review
3-4 Folsom Boulevard Specific Plan
9) Interior alterations that do not increase the gross floor area within the structure or change/expand the permitted use of the structure.
10) Second dwelling units subject to California Government Code Section 65583.1. 11) Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric, or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment). b) Minor Projects
The following uses, structures, and improvements are considered Minor Projects, are subject to review under this FBSP, and will require one or more permits or entitlements that are acted upon by the Planning Director consistent with this Plan. 1) Uses allowed subject to an Administrative Use Permit (AUP) or Limited Use Permit (LUP) as identified in FBSP Chapter 2 (Land Use Plan and Allowed Uses) which also conform to the other minor structural modifications below.
2) New construction of a nonresidential building or structure or expansion of an existing nonresidential structure that results in less than 5,000 square feet additional building area in all zoning districts unless exempt in Zoning Code Section 23.140.030 are subject to Minor Design Review.
3) Nonresidential façade renovations that involve less than 200 linear feet of façade frontage of an existing building, unless exempt in Zoning Code Section 23.140.030, are subject to Minor Design Review.
4) Significant changes to multi-family and all nonresidential site plans that impact required site plan elements (e.g., required parking, shade canopy, lighting, landscaping) are subject to Minor Design Review.
5) The exterior remodel of multi-family residential buildings or structures are subject to Minor Design Review.
c) Major Projects
The following uses, structures, and improvements are considered Major Projects, are subject to review under this FBSP, and will require one or more permits or entitlements that are acted upon by the Planning CommissionCity Council consistent with this Plan. 1) Uses subject to a Conditional Use Permit (CUP) as identified in FBSP Chapter 2 (Land Use Plan and Allowed Uses).
2) Single-family residential subdivision maps are subject to the Major Design Review and Tentative Subdivision Map entitlement processes.
ITEM 18.1.
ATTACHMENT 3
Chapter 3
Project Review
Folsom Boulevard Specific Plan 3-5
3) Master home plans for single-family residential subdivisions are subject to Major Design Review.
4) Multi-family residential development is subject to Major Design Review. 5) Commercial development equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) is subject to Major Design Review.
6) Office development equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) is subject to Major Design Review.
7) Industrial development equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) is subject to Major Design Review.
8) Public/quasi-public developments (e.g., public safety facilities, library, city facilities) equal to or greater than 5,000 square feet in building area (including new construction and expansion to existing structures) are subject to Major Design Review. 9) Exceptions to Development Standards.
2. Project Review Process and Timeline
As previously identified, the project review process for projects located within FBSP shall comply with the permit processing requirements in the Citywide Zoning Code. However, in order to provide some degree of certainty or predictability, the City has identified the following range of project review timelines for projects located within the plan area. These project review timelines commence with the determination of a complete application for the various entitlements listed below. The range of time takes into consideration varying degrees of project complexity.
Permit or Entitlement Type Estimated Timeline to Decision/Action Administrative Use Permit 4 to 6 weeks
Limited Use Permit 4 to 6 weeks
Conditional Use Permit 6 to 10 weeks
Minor Design Review 6 to 10 weeks
Major Design Review 8 to 12 weeks
D. Exceptions
The City Council supports the vision and development standards established in the Folsom Boulevard Specific Plan and encourages all developers to review and adhere to the strict application of these standards when designing future projects. The City Council also recognizes ITEM 18.1.
ATTACHMENT 3
Chapter 3
Project Review
3-6 Folsom Boulevard Specific Plan
the real-world challenges that the vision and development standards present in a depressed economy and as such, desires to provide additional flexibility for projects that will benefit the community in specific, identified ways. In conjunction with Major Design Review, project-level CEQA review, and any other required entitlements, an applicant may request that the City CouncilPlanning Commission approve an exception to allow a development project that does not strictly adhere to the Specific Plan or to other City development standards.
The City CouncilPlanning Commission may grant an Exception for any development standard in the FBSP if the use is permitted as outlined in this Plan and the project meets at least four of the following six conditions:
1) Will fulfill a compelling community need, as indicated by an existing City goal, General Plan policy, budget priority, or other Council-adopted policy document. 2) Will improve an existing blighted situation by removing 100 percent of the blight located on the subject property.
3) Will provide unmet services to a currently underserved community. 4) Will create at least 15 new permanent full-time jobs (or new jobs equivalent to at least 15 full- time equivalents) or a minimum of 1 job per 500 square feet. 5) Will generate annual sales tax contributions to the City in excess of $25,000. 6) Investments in the property will increase the property tax revenue for the subject parcel(s) by at least 250 percent.
To the extent practical, development projects should comply with FBSP development standards.
All projects remain subject to Design Review as established in Sections 23.140 and 23.141 of the Zoning Code. An Exception request must be included and will be reviewed in conjunction with the project’s Design Review application. It is the applicant’s responsibility to request relief from specific provisions of the FBSP development standards and provide justification for why standards cannot be met. It is also the applicant’s responsibility to provide evidence of compliance with at least four of the conditions listed above to support the Exception request. The City CouncilPlanning Commission is the approving authority for all Exception requests.
Under no circumstance shall an Exception result in any of the following:
• Allow a land use not otherwise permitted or conditionally permitted in the zone • Allow a detrimental environmental impact not adequately analyzed • Waive payment of applicable impact fees
• Waive a specific prohibition
• Waive or modify a procedural requirement
ITEM 18.1.
ATTACHMENT 3
Chapter 3
Project Review
Folsom Boulevard Specific Plan 3-7
The procedure for granting Exceptions allowed under this provision is provided in Section
23.110.150(D) of the City’s Zoning Code. In granting the Exception, the City CouncilPlanning Commission shall make the following findings:
1) The proposed project qualifies for an Exception by meeting at least four of the six conditions required for granting of an Exception as defined above. 2) The City CouncilPlanning Commission has determined that the proposed project has adhered to the vision of the Folsom Boulevard Specific Plan to the fullest extent practicable. 3) The applicant has provided substantial evidence that the conditions for the Exception will be met following construction and operation of the project. Further, the applicant has agreed to conditions of approval guaranteeing these requirements will be met or exceeded throughout the life of the project.
4) Granting the Exception will not adversely affect the interests of the public or the interests of the residents and property owners in the vicinity of the premises in question, and shall not establish a precedent for other project requests.
5) Granting the Exception will not endanger the public health and safety.
E. Nonconforming Uses and Structures
The FBSP assumes changes in land use and development patterns from existing conditions over time. This section establishes special considerations and exceptions to the FBSP regulations for nonconforming land uses and structures that were legal uses or structures when first established.
If the same uses or development patterns came forward today, they would be prohibited, regulated, or restricted differently under the terms of the FBSP. It is the intent of these regulations to allow the continuation of nonconforming uses and structures, with some limitations as described below.
1. Continuation, Re-Occupancy, and Maintenance of Nonconforming Uses and Structures
a) A nonconforming use may continue to operate in perpetuity, be transferred, or be sold, provided that the use shall not be enlarged or intensified nor be expanded to occupy a greater area than it lawfully occupied before becoming nonconforming (except as provided in the Nonconforming Use Permit Procedures subsection below). Any use approved as of the date this chapter becomes effective may be carried out as approved. Any extension of such approval, for which the applicant was entitled to apply as of the effective date, may be granted according to the regulations in effect prior to the effective date; if granted, such extension will be considered the same as an approval granted before the effective date. b) A nonconforming structure may be maintained or improved as follows:
ITEM 18.1.
ATTACHMENT 3
Chapter 3
Project Review
3-8 Folsom Boulevard Specific Plan
• Maintenance and repair. A nonconforming structure may be maintained and repaired. • Seismic retrofitting and Building Code compliance. Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the Building Code. • Structural alteration of a nonconforming structure to improve safety or to reduce fire hazard.
2. Modification and Expansion of Nonconforming Uses and Structures A nonconforming use or structure may be modified or expanded, subject to the provisions of the Nonconforming Use Permit Procedures subsection as follows:
a) Structural modification. Addition, enlargement, extension, or relocation of a nonconforming structure may be allowed if the changes to the structure conform to applicable provisions of this Specific Plan. Such modifications may not expand the extent of the nonconforming aspect of the structure or result in any new nonconforming conditions for the subject property.
b) Expansion of use. Expansion or modification of a nonconforming use may be allowed subject to the Nonconforming Use Permit Procedures subsection. c) Exterior improvements or expansion of structures may also require Design Review approval in keeping with the City’s Zoning Code.
3. Destruction and Replacement of Nonconforming Uses and Structures
If a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed, the structure may be repaired or rebuilt and reoccupied in the same manner in which it originally existed, if the restoration is started within one year of the date of the damage and is diligently pursued to completion.
4. Loss of Nonconforming Status
If a nonconforming use is discontinued for a continuous period of 18 months or more, rights to nonconforming status shall terminate. The Planning Director shall base determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Maintenance of a valid business license shall in and of itself not be considered a continuation of the use. Without further action by the City, any subsequent use of the site or structure shall comply with all of the ITEM 18.1.
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regulations of the applicable district and all other applicable provisions of this Specific Plan and relevant sections of the Zoning Code.
5. Extension of Nonconforming Use Status
A property owner may request of the Planning Director an additional 6 months’ extension to the 18-month nonconforming use time period. Such a request must be supported by any of the following:
a) Evidence of active marketing of the tenant space accompanied with regular maintenance of the property in a manner that supports such marketing efforts. b) A signed lease agreement and anticipated occupancy within the extension period. c) Issuance of a valid Building Permit for interior or exterior remodel and anticipated occupancy within the extension period.
6. Nonconforming Use Permit Procedures
a) Permit requirements. A Nonconforming Use Permit is required for the expansion or modification of existing nonconforming structures or uses. The intent of this permit is to allow for individual review of requests to expand or modify a nonconforming use in a manner that ensures compatibility with surrounding areas and uses. b) Approving authority. The City CouncilPlanning Commission shall be the final decision- making body for all Nonconforming Use Permits.
c) Required findings. A Nonconforming Use Permit shall be granted only when the designated approving authority determines that the proposed use or activity complies with all of the following findings.
i. The establishment, maintenance, or operation of the use expansion applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
ii. The benefit to the public health, safety, or welfare exceeds the detriment inherent in the expansion of nonconformity.
iii. The modified or expanded nonconforming structure or use would not be incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.
iv. The modified or expanded nonconforming structure or use would be consistent with the General Plan.
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d) Conditions/guarantees. The designated approving authority may impose conditions and/or require guarantees for the Nonconforming Use Permit to ensure compliance with this section and other applicable provisions of the citywide Zoning Code and to prevent adverse or detrimental impact to surrounding neighborhoods.
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ITEM 18.1.
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FOLSOM BOULEVARD SPECIFIC PLAN 8-1
A. Terms
Floor area ratio (FAR) is defined as the gross floor area permitted on a site divided by the total gross area of the site. For example, on a site with 10,000 net square feet of land, a floor area ratio of 1.0 will allow a maximum of 10,000 gross square feet of building floor area (which may be distributed in one or more buildings and single or multiple stories). On the same site, a FAR of 1.5 would allow 15,000 square feet of floor area, a FAR of 2.0 would allow 20,000 square feet, and a FAR of 0.5 would allow only 5,000 square feet. The following illustration is provided to communicate this concept at a FAR of 0.5.
Figure 8-1. Example FAR at 0.5
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B. Use Classifications
The permitted land uses districts are unique to this Specific Plan. Where there are conflicts with existing definitions in the City’s Zoning Code, the use classifications of this Specific Plan will prevail. The listing of use classifications below is organized alphabetically.
Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for consumption off-premises. On-premises consumption is not included in this definition and is considered accessory to the primary use.
Artisan Shop. A retail store selling art glass, ceramics, jewelry, and other handcrafted items and supplies needed to create finished items, where the facility includes an area for the crafting of the items being sold.
Artisanal and Specialty Manufacture, Display and Sales. The manufacture, display and sales of specialty food and goods requiring the transformation of raw materials into products that may be edible, useful or decorative. Outdoor display, sales and consumption on premises may be included subject to zoning and accessibility requirements, and any other applicable state or local regulations such as, but not limited to, the California Uniform Food Facilities Law (CURFFL).
Art, Antique, Collectable. Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectable items including sports cards and comic books. Stores selling handcrafted items that are produced on the site are defined separately as “Artisan Shops.” Auto and Vehicle Retail Sales and Rental. Retail establishments selling and/or renting automobiles, trucks, and vans. This use listing includes the sales and rental of mobile homes, recreation vehicles, and boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see “Auto Parts Sales”), bicycle and moped sales (see “Retail – General”), tire recapping establishments (see “Vehicle Services – Major”), businesses dealing exclusively in used parts, (see “Recycling Facility– Scrap and Dismantling”), or “Service Stations,” which are separately defined.
Auto and Vehicle Sales, Wholesale. Wholesale establishments selling new and used vehicles and used vehicle parts.
Auto and Vehicle Storage. Facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes but is not limited to storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, and recreation vehicles. Does not include vehicle dismantling or retail sales.
Auto Parts Sales. Stores selling new and used automobile parts, tires, and accessories. May also include minor parts installation (see “Vehicle Services”). Does not include tire recapping establishments, which are found under “Vehicle Services – Major” or businesses dealing exclusively in used parts, which are included under “Recycling Facility – Scrap and Dismantling.” ITEM 18.1.
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Banks and Financial Services. Financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATM) that are attached or stand- alone.
Bars and Nightclubs. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g., music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Bars and nightclubs may include outdoor food and beverage areas.
Bed and Breakfast. A residential structure with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel and is included under the definition of “Hotels/Motels.” Brewery, Winery, Distillery. A facility where specific alcoholic beverages are manufactured. A tasting room is permissible as part of the onsite manufacturing of alcoholic beverages for the brewery, winery or distillery that has been licensed by Alcoholic Beverage Control. Tasting rooms must comply with retail hours of operation from 10:00 AM to 10:00 PM. Tasting shall follow all guidelines established and enforced by Alcoholic Beverage Control (ABC). All manufacturing activities occur within a completely enclosed building or in an outdoor work area screened from view. Off-site sales of alcoholic beverages are allowed at this facility consistent with ABC licensure.
Prior to occupancy, all craft breweries, wineries, or distilleries shall provide evidence of acquisition of all required state and federal permits.
Brew Pub. An establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on-site. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the Alcoholic Beverage Control. Service of brewed beverages must be in conjunction with the service of food. Manufacturing activities shall occur entirely within an enclosed building or outdoor work area screened from public view and be separated from the restaurant portion of the facility by applicable Building Codes. All beverage tasting shall occur within the restaurant portion of the facility. Brew pubs may not produce more than 5,000 barrels of beverage (all types of beverage combined) annually. May also include the wholesale distribution of beverages for off-site consumption.
Building Materials Stores and Yards. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Warehousing and Distribution.” Hardware stores are listed in the definition of “Retail – General,” even if they sell some building materials. Also see “Home Improvement Supplies” for smaller specialty stores.
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Business Support Services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Other support services include but are not limited to equipment repair services (except vehicle repair, see “Vehicle Services – Major”), commercial art and design (production), computer-related services (rental, repair), copying, quick printing, and blueprinting services (other than those defined as “Printing and Publishing”), equipment rental businesses within buildings (a rental yard is a “Storage Yard”), film processing laboratories, heavy equipment repair services where repair occurs on the client site, janitorial services, mail advertising services (reproduction and shipping), mailbox services, other “heavy service” business services, outdoor advertising services, and photocopying and photofinishing.
Card Room. Gambling establishments that offer card games for play by the public.
Caretaker Housing. A residence that is accessory to a nonresidential primary use of the site, where needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.
Car Wash and Detailing. Permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are typically fundraising activities generally conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day, and are not part of this use classification.
Check Cashing Business. An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving a similar purpose. Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution (see “Banks and financial services”).
Child Day Care Facility. A State-licensed facility which provides nonmedical, care, protection, and supervision to more than 14 children under 18 years of age on a less than 24-hour basis.
Commercial or nonprofit child day care facilities include infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility or as an independent land use. Also see “Day Care Home (Adult Day Care, Family Day Care – Small, and Residential Care).”
Clubs, Lodges, and Private Meeting Halls. Permanent meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members (e.g., business associations, civic, social and fraternal organizations, labor unions and similar organizations, political organizations, professional membership organizations).
Community Center. Multipurpose meeting and recreational facility typically consisting of one or more meeting or multipurpose rooms, kitchen, and/or outdoor barbecue facilities that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.
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Community Garden. A privately or publicly owned vacant parcel of land used by the community or a neighborhood for the growing of fruits, vegetables, and culinary herbs for personal consumption and/or to be offered for sale on site or at a local Certified Farmers Market.
Day Care Home (Adult Day Care, Family Day Care – Small, and Residential Care). This classification includes Adult Day Care, Family Day Care – Small, and Residential Care Home as defined by the State. Generally, these homes provides supervision and nonmedical care to six or fewer persons, in the provider’s own home, on a less than 24-hour basis.
Drive-In and Drive-Through Sales and Services. Facilities where food or other products and services may be obtained by motorists without leaving their vehicles. These facilities include but are not limited to fast-food restaurants, drive-through coffee, dairy product, photo stores, drive- up bank teller windows, and dry cleaners. Does not include automatic teller machines (ATMs), automobile service stations, or car washes, which are separately defined.
Dwelling, Multifamily. A building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).
Dwelling, Second Unit. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit.
This definition includes granny flats.
Dwelling, Single-Family. A building designed exclusively for occupancy by one family on one or more lots. This classification includes manufactured homes (defined in California Health and Safety Code Section 18007) and model homes for the first sale of homes within the subdivision.
Dwelling, Two-Family. An attached building (e.g., duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. This definition also includes halfplexes (two attached units, each with a separate lot). More than one two-family dwelling may be located on a single lot consistent with the density provisions of the General Plan. Does not include second dwelling units.
Emergency Shelter. Any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless.
Event and Office Equipment Sales and Rental. Service establishments which may offer a wide variety of materials and equipment for rental (e.g., event table and chairs, portable dance floors, office equipment).
Family Day Care Home – Large. A State-licensed facility that provides nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family residence.
The occupant of the residence provides care and supervision generally for 7 to 14 children. As described in the California Health and Safety Code, large day care homes may provide services for up to 16 children when specific conditions are met.
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Fuel Storage and Distribution. A large-scale facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.
Grocery Store/supermarket. A retail business of more than 15,000 square feet in size where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full-service businesses do not typically have limited hours of operation. See separate listing for “Neighborhood Market”.
Heliport. A designated, marked area on the ground or on the top of a structure where helicopters may land at any time.
Home Improvement Supplies. Establishments (retail or wholesale) that sell kitchen, bath, furnishings, carpeting, and other home-oriented supplies. Other retail uses are permitted if accessory to the primary use. These uses may include an expansive showroom. This category does not include the sale of lumber and does not permit the outdoor display of merchandise. This use classification is a subcategory of the larger Building Materials Stores and Yards use classification and may be combined with or separate from such uses.
Home Occupation. The conduct of business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.
Hotels/Motels. Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging (e.g., restaurants, meeting facilities, personal services). Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
Indoor Amusement/Entertainment Facilities. Establishments providing indoor amusement and entertainment services for a fee or admission charge (e.g., dance halls and ballrooms, electronic game arcades). Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade; three or less machines are considered accessory to the primary use of the site.
Indoor Fitness and Sports Facilities. Predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs, and health clubs. This use does not include special studios not a part of an athletic or health club (e.g., karate studio, dance studio, etc.). Also see “Schools – Private and Special/Studio.” Kennels. These facilities provide boarding of animals. May also include day-time boarding and activity for animals (e.g., “doggie day care”).
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Libraries, Museums, and Similar Facilities. Public or quasi-public facilities such as aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.
Live-Work Facility. Rowhouse or conventional house with the first story or the front of the home available as a commercial space. The commercial space may be independently leased or used by an occupant of the residential unit. The building construction must meet the building and fire code based on the use type. The work space shall contain an active use and not be used exclusively for storage or warehousing. For example, the unit may include:
• First-floor storefront for retail or service business activity; • Restaurant, café, or catering establishment with a complete kitchen and sanitary facilities; • Minor fabrication activities (e.g., carpentry, light welding, print shop, artist studio); and • Office space.
Manufacturing – Major. Manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, plastics and rubber products manufacturing. Also see “Manufacturing – Minor” and “Manufacturing – Small-Scale.” Manufacturing – Minor. Manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, food and beverage manufacturing, etc. Also see “Manufacturing – Major” and “Manufacturing – Small-Scale.” Manufacturing – Small-Scale. Establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products. Also see “Manufacturing – Major” and “Manufacturing – Minor.”
Massage Parlor. An establishment where the primary service is to provide massages to customers. This does not include businesses where massage is a secondary use such as a beauty salon or chiropractor’s office.
Medical Services – Extended Care. Residential facilities providing nursing and health-related care as a primary use with inpatient beds, including but not limited to board and care homes, convalescent and rest homes, extended care facilities, skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Day Care Home (Adult Day Care, Family Day Care – Small, and Residential Care).” ITEM 18.1.
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Medical Services – General. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals (e.g., medical and dental laboratories, medical, dental and psychiatric offices, outpatient care facilities, allied health service). Counseling services by other than medical doctors or psychiatrists are included under “Offices – Business and Professional.”
Medical Services – Hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of “Retail – Accessory”), and emergency heliports.
Neighborhood Market. A pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are more than 5,000 square feet and less than 15,000 square feet in size and operate less than 18 hours per day. Neighborhood markets may include deli services that are ancillary to the market/grocery portion of the use. See also “Grocery store/supermarket”.
Offices – Accessory. Offices that are accessory to another business or sales activity that is the primary use. This does not apply to incidental office space that is part of the primary tenant space.
The qualification criteria for this definition are that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the primary tenant space.
Offices – Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see “Medical Services – General”), temporary offices (see “Offices – Temporary”), or offices that are incidental and accessory to another business or sales activity that is the primary use (see “Offices – Accessory”). Outdoor storage of materials is prohibited.
Outdoor Commercial Recreation. Facility for various outdoor participant sports and types of recreation where a fee is charged for use (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic club with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).
Park and Ride Facility. A designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.
Parks and Public Plazas. Public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately owned and restricted to the ITEM 18.1.
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public (e.g., require payment of fee), the same facilities are included under the definition of “Outdoor Commercial Recreation.”
Pawn Shop. Any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted.
Personal Services. Establishments providing nonmedical services as a primary use, including but not limited to barber and beauty shops, permanent makeup application, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, massage parlors, spas and hot tubs for rent, and tanning salons.
Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include “quick printing” services or desktop publishing, which are included in “Business Support Services.” Public Safety Facility. A facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities.
Recycling Facility – Collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials.
This also includes so-called “reverse vending machines,” an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container’s redemption value as determined by the state.
Recycling Facility – Processing. A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user’s specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
Recycling Facility – Scrap and Dismantling. Uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials, including the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. The ITEM 18.1.
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presence on any lot or parcel of land of five or more inoperable vehicles from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. This use does not include landfills or other terminal waste disposal sites.
Religious Institutions. Facilities operated by religious organizations for worship or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which where authorized in conjunction with the primary use). Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals, and other potentially related operations (e.g., recreational camp), are classified according to their respective activities.
Research and Development. Indoor facilities for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site.
Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see “Offices – Business and Professional”), soils and other materials testing laboratories (see “Business Support Services”), or medical laboratories (see “Medical Services – General”).
Restaurant. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption, and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.
Retail – Accessory. The retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on-site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single-use development or the combined floor area of an integrated development in a mixed-use project.
Retail – General. Stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of on- site sales), clothing and accessories, collectibles, consignment stores, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores, furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies specialty shops, sporting goods and equipment, stationery, and variety stores.
Schools – Private and Special/Studio. Includes private educational institutions (e.g., boarding schools, business, secretarial, and vocational schools, colleges and universities, establishments ITEM 18.1.
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providing courses by mail or online) and special schools/studios (e.g., art, ballet and other dance, computers and electronics, drama, driver education, language, music, photography). Also includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development (e.g., fitness training studios, gymnastics instruction and aerobics and gymnastics studios, environmental awareness, arts, communications, management). Also see “Indoor Fitness and Sports Facilities.”
Schools – Public. Public educational institutions such as community colleges, universities, elementary schools, middle/junior high schools, high schools, and military academies.
Service Station. A retail business selling gasoline or other motor vehicle fuels, which may include a convenience store and/or self-service car wash. Vehicle services which are incidental to fuel and car wash services are included under “Vehicle Services – Minor.” Sexually Oriented Business. Adult bookstores, adult motion picture theaters, adult live theaters, adult video stores, or any establishment that consists of a combination of such uses. An adult bookstore is a building or a portion thereof used by an establishment either (A) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of books, magazines, or other publications, is devoted to the sale of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (B) where 25 percent or more of the total number of books, magazines, or other publications offered for sale to the public consist of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18. An adult motion picture theater is a building or portion thereof or an area, open or enclosed, which regularly features motion pictures distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 or specified anatomical areas as defined in RCMC 23.919.060. An adult live theater is a building or portion thereof or an area, open or enclosed, which regularly features live performances distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060 or specified anatomical areas as defined in RCMC 23.919.060 for observation by patrons or customers. An adult video store is a building or portion thereof used by an establishment either (A) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of videos, is devoted to the sale or rental of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.919.060, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (B) where 25 percent or more of the total number of videos offered for sale or rental to the public consist of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, ITEM 18.1.
ATTACHMENT 3
Chapter 8
Glossary
8-12 Folsom Boulevard Specific Plan
describing, or relating to specified sexual activities as defined in RCMC 23.919.060, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18.
Smoke Shop. An establishment selling smoking, drug, and/or traditional or electronic tobacco paraphernalia or devotes 15 percent or more of the total floor area to selling tobacco products.
Limited sales of tobacco products that commonly occur within convenience stores or service stations are not included in this definition.
Storage, Personal. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.
Storage Yard. The storage of various materials outside of a structure other than fencing, either as an accessory use or a principal use.
Storage, Warehouse. A facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see “Storage, personal storage facility”) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and distribution”).
Tasting Room, Off-site. A facility allowing beer, wine, or spirits tasting with on-site and off- site retail sales directly to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery, winery, or distillery, meeting all applicable requirements of state and federal licensure. The tasting room may be operated as a stand-alone retail use. Food preparation is not permitted. Pre-packaged foods may be sold on premises. Patrons may carry food onsite for personal consumption.
Tasting rooms must comply with the retail hours of operation of 10:00 AM to 10:00 PM.
On-site tasting rooms are included as an accessory use in “Artisanal and Specialty Manufacture, Display and Sales” or “Brewery, Winery, Distillery”. Any facility not operating with these standards is considered “Bars and Nightclubs”.
Tattoo Parlor. Any establishment that engages in the business of tattooing and/or branding human beings.
Telecommunications Facility. Facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including a transmission tower, antenna, and or other facility designed or used for that purpose.
Amateur radio transmission facilities, facilities operated exclusively as part of a public safety network, and facilities used exclusively for the transmission of television and/or radio broadcasts are not telecommunication facilities.
Theatres and Auditoriums. Indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for “live” theater and concerts, exhibition and ITEM 18.1.
ATTACHMENT 3
Chapter 8
Glossary
Folsom Boulevard Specific Plan 8-13
convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see “Outdoor Commercial Recreation.”
Thrift Store. A retail establishment selling secondhand goods donated by members of the public.
Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.
Utility Facility and Infrastructure. This includes fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in “Offices”), or equipment and material storage yards.
Vehicle Services – Major. The repair, alteration, restoration, towing, painting, cleaning (e.g., attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work-repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments.
Vehicle Services – Minor. Minor facilities specializing in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check, self-service car wash).
Does not include repair shops that are part of a vehicle dealership on the same site (see “Auto and Vehicle Sales”) or automobile dismantling yards, which are included under “Recycling Facility – Scrap and Dismantling.”
Veterinary Facility. A building that is primarily enclosed, containing only enough cage arrangements as necessary to provide veterinary services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long-term medical care. Grooming and boarding of animals is allowed only if accessory to the facility use.
Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, and heating and air conditioning supplies and equipment.
ITEM 18.1.
ATTACHMENT 3
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 18.2.
DATE: May 6, 2024
TO: Honorable Mayor and Council Members
FROM: Russell Ducharme, Neighborhood Services Manager
SUBJECT: AN ORDINANCE AMENDING TITLE 4, CHAPTER 4.54
REGULATIONS AND PROHIBITIONS, AND TITLE 9, CHAPTER 9.36
PARK REGULATIONS OF THE RANCHO CORDOVA MUNICIPAL
CODE REGARDING THE REGULATION OF SOCIAL HOST
FIREWORKS AND THE REGULATION OF ILLEGAL FIREWORKS IN
PARKS
RECOMMENDATION
Waive the first reading and introduce the Ordinance.
RESULT OF RECOMMENDED ACTION
The Ordinance would come back for a second reading and adoption at the next regular City Council meeting. Approval of the Ordinance would amend Title 4, Chapter 4.54 Regulations and Prohibitions, and Title 9, Chapter 9.36 Park Regulations of the Rancho Cordova Municipal Code regarding the regulation of social host fireworks and the regulation of illegal fireworks in parks.
BACKGROUND
California-approved “Safe and Sane” fireworks are currently allowed in nearly 300 communities across the State, including all communities in Sacramento County. Safe and Sane fireworks emit noise, smoke, sparks, and flames, but they are not explosive, not aerially launched and are tested and approved by the Office of the State Fire Marshall. Fireworks sales and usage is currently limited to June 28 through July 4.
State law generally requires that a law enforcement officer personally observe the actual person discharging illegal fireworks prior to issuing a citation. Host liability shifts and broadens the focus of enforcement from the person actually engaging in a prohibited activity to include the person providing them with a place to commit the crime. Under the City’s host liability ordinance, “host” or “social host” means a person who permits or allows a gathering or person at their place of residence or other private property or any place under their control, specifically:
1. Is in charge of private property, including but not limited to, an owner, tenant, landlord, or property manager of the property; or
2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity
City Council Staff Report - Page 2 of 3
on the property.
The rationale behind the City’s social host ordinance is as follows. Typically, it is not difficult for enforcement officers to identify the specific location an aerial firework originates. The challenge lies in identifying the specific individual user or possessor of the firework. The “Social Host Liability” ordinance concept greatly simplifies this difficulty and allows an officer to focus on a particular person (or multiple persons) responsible for the property or event. In the City’s first two years after adoption, we had a significant increase in enforcing the use of illegal fireworks.
In addition, the City will continue to use non-enforcement methods to reduce illegal fireworks, including social media outreach to inform the public of its existence and potential penalties.
Host Liability:
The City of Rancho Cordova (the “City”) adopted Section 4.54.305 of the Rancho Cordova Municipal Code in 2021. Section 4.54.305 made it a misdemeanor for a person to host unlawful ignitions, explosions, discharges, uses, or displays, such as fireworks, on their property or at their social gathering. The County of Sacramento adopted Ordinance No. 1692 § 2 in 2022, which amended the Sacramento County Code to create social host liability for persons whose property or gathering involves the unlawful use of fireworks.
Staff periodically recommends to the City Council updates to the City’s fireworks regulations to ensure greater consistency between penalties within the City of Rancho Cordova and those adopted by other jurisdictions in the greater Sacramento area, to enhance fire safety, and to ensure the use of fireworks in the City is regulated appropriately.
Parks:
Section 9.36.059 of the Rancho Cordova Municipal Code prohibits the possession or ignition of any firecracker or fireworks in a park managed, controlled, or operated by the City. Section
9.36.059 was last amended by Ordinance No. 38-2007 in 2007.
Staff recommends that the City update this section to provide for an administrative penalty for violation of this section.
The proposed amendments to the City’s Municipal Code would achieve the following:
• Limits the time that “safe and sane” "fireworks” can be possessed, sold, used, or displayed within the hours of 12:00 noon on June 28, and ending at 9:00 p.m. on July 4. • Limits the time that “safe and sane” "fireworks" can be sold to 12:00 noon on June 28 and ending at 9:00 p.m. on July 4 of the same year.
• Allows a licensee’s spouse, parents, or adult children to operate a “safe and sane” fireworks stand to ensure consistency with the County’s Ordinance. • The City will be responsible for approving an information sheet on the safe use and disposal of fireworks that licensees are required to hand out after purchases. • Establish penalties for a second or third violation of the City's host liability fireworks Ordinance of $2,500 for the second violation within one year of the first violation; and $5,000 for each additional violation within one year of the first violation. • Create an administrative penalty for violations of Section 9.36.059 of $10,000.
FISCAL IMPACT AND FUNDING SOURCE
The fiscal impact of this Ordinance would be revenue for the City due to increased fines. The City would receive $10,000 for each violation occurring in a City park; fines for second and third
City Council Staff Report - Page 3 of 3
violations will increase by $1,500 and $4,000, respectively. This money will go into the City’s General Fund and can be used for any lawful purpose.
ATTACHMENT(S)
1. Ordinance
2. Track Changes
ITEM 18.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 1 of 9
CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AMENDING TITLE 4 (BUSINESS REGULATION), CHAPTER 4.54 REGULATIONS AND PROHIBITIONS AND TITLE 9 (PUBLIC PEACE, MORALS AND SAFETY), CHAPTER 9.36 PARK REGULATIONS
THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:
Section 1.Purpose and Declarations.
WHEREAS, the City Council finds that California Health and Safety Code Section 12500 et seq. accords local governments an important role in regulating the sale and use of fireworks in the state; and
WHEREAS, “Safe and Sane” fireworks, as defined by Health and Safety Code Section 12529, are currently allowed in nearly 300 communities across the state, including all communities in Sacramento County; and
WHEREAS, fireworks sales and usage in the City of Rancho Cordova is currently limited to June 28 through July 4; and
WHEREAS, State law generally requires that a law enforcement officer personally observe the actual person discharging illegal fireworks prior to issuing a citation; and WHEREAS, the City of Rancho Cordova has adopted a “Host Liability” Ordinance which shifts and broadens the focus of fireworks enforcement from the person actually engaging in a prohibited activity to include the person providing them a place to commit the crime; and WHEREAS, the Rancho Cordova Municipal Code defines a “host” or “social host” as a person who is in charge of private property, including but not limited to, an owner, tenant, landlord, or property manager of the property, or a person who organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property; and WHEREAS, under the Rancho Cordova Municipal Code’s “Host Liability” Ordinance such a host can be held strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks in violation of this section on their property or at their gathering; and WHEREAS, a violation of the “Host Liability” Ordinance is punishable by a fine not exceeding $1,000 or imprisonment in the county jail for not more than six months, or both; and WHEREAS, the County of Sacramento has enhanced scope of host liability to discharges of fireworks in a public right of way adjacent to a property the host owns or controls, is enhancing penalties for second and third violations of its Host Liability Ordinance and has set additional administrative fines for discharges of fireworks in parks located in unincorporated areas of the County.
Section 2.Findings. This Ordinance is adopted pursuant to the following findings:
ITEM 18.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 2 of 9 A.CEQA Compliance. CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, § 15378.) As reflected in State CEQA Guideline 15061 (b) (3), an activity is not subject to CEQA, “[where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” The proposed amendments are not a “project” within the meaning of CEQA because the amendments seek to provide clarification of uses, standards and/or enforcement procedures, address inconsistencies or delete text that is no longer necessary. Because no expansion of uses or activities is reasonably anticipated, no possibility exists that the Ordinance will result in a significant effect on the environment. Thus, the proposed Ordinance is not subject to the requirements of CEQA. However, in the event that adoption of the Ordinance is considered a CEQA project, it would nonetheless qualify for categorical exemptions as set forth below.
CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in the proposed Ordinance does not approve any physical development and it would not result in a direct or indirect physical changes in the environment. For these reasons, the proposed amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these Municipal Code amendments are exempt from review under CEQA and no further environmental review is necessary.
Section 3.Amendments to Title 4 Business Regulations
Section 4.54.300 (“GENERAL PROHIBITION AGAINST POSSESSION, SALE OR USE OF FIREWORKS”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
Except as otherwise provided in this article, no person shall possess, sell, use, display or explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, within the city. These items, as well as any “safe and sane fireworks” possessed, sold, used, or displayed outside of the purposes of this Article, “Fireworks” has the same meaning as in California Health and Safety Code section 12511.
Section 4.54.305 (“HOST LIABILITY”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
A. The term “host” in this section shall mean the person who:
1. Is in charge of private property, including but not limited to, an owner, tenant, landlord, or property manager of the property; or
ITEM 18.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 3 of 9
2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.
B. The term “strictly liable” in this section shall mean liability for a wrongful act regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.
C. Any host shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks in violation of this section on their property or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this section occurring in the common area of the property or in an adjacent public right-of-way in an unauthorized or dangerous manner, unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs.
D. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of fireworks by the minor in violation of this section.
E. Except as provided in subsection (F) of this section, no host shall permit or allow another person on private property or at a gathering on public property, where the host knows or reasonably should know that the person is engaged in a violation of this section.
F. The provisions of this section shall not apply to:
1. Conduct involving display, use, or discharge of fireworks as permitted under federal or state law;
2. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this section, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this section;
3. No host shall aid or abet another person’s violation of a provision of this section in a public right-of-way adjacent to the host’s private property. A host aids and abets another person’s violation of a provision of this section if he or she knows of the other person’s unlawful purpose and the host specifically intends to, and does, in fact, aid, facilitate, promote, encourage, or instigate the other person’s commission of that violation.
G. A violation of this section shall be charged as a misdemeanor punishable by a fine or imprisonment in the county jail for not more than six months, or both. In addition to any other remedy allowed by law, any host who violates this section is subject to all remedies available pursuant to RCMC 1.01.190. Violations of this section are declared to be a public nuisance. Any host who violates this section is liable for all the response costs relating to the violation. Any fines pursuant to this section, if delinquent, may be recoverable by property lien or special assessment pursuant to RCMC 1.01.200.
A violation of this section is subject to an administrative fine as follows
1. $1,000 for first violation;
2. $2,500 for second violation within one year of the first violation;
3. $5,000 for each additional violation within one year of the first violation
4. $10,000 for each violation which occurs on school properties
ITEM 18.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 4 of 9 H. Unless otherwise noted, the provisions of Chapter 16.18, Article XIV RCMC shall also apply to this section.
Section 4.54.320 (“EXCEPTION- ‘SAFE AND SANE FIREWORKS’”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
a. “Safe and sane fireworks” has the same meaning as in California Health and Safety Code section 12529.
b. It shall not be unlawful to possess, sell, use, display or discharge within the city those fireworks as are defined and classified as “safe and sane fireworks” in Part 2 (commencing with Section 12500) of Division 11 of the California Health and Safety Code during that time period beginning at 12:00 noon on June 28 and ending at 10.00 p.m. on July 4 of the same year.
However, during this time period, use, display or discharge of “safe and sane fireworks” is prohibited from the hours of 10:00 p.m. through 9:00 a.m. c. It shall not be unlawful to sell “safe and sane fireworks” within the city during the time period beginning at 12:00 noon on June 28 and ending at 9:00 p.m. on July 4 of the same year.
Section 4.54.340 (“WHOLESALE STORAGE OF FIREWORKS”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
The wholesale storage of fireworks shall be unlawful in the city without valid permits for such storage from the fire district and the city’s building department. Any such storage is limited to the period from June 1st through July 14th of each year.
Section 4.54.350 (“LICENSE RESTRICTED”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
A. No city business license authorizing the sale of “safe and sane fireworks” shall be issued to any person, firm, corporation, organization or group other than:
1. A nonprofit organization or group organized primarily for civic betterment and/or charitable purposes having status as a Section 501(c) organization under the Internal Revenue Code and as a Section 23701(d) organization under the Revenue and Taxation Code of the state of California; provided, that the organization or group satisfies the following criteria:
a. It has its principal and permanent meeting place in the city of Rancho Cordova or its adopted planning area;
b. It has been organized and established in the city of Rancho Cordova or its adopted planning area for a continuous period of at least one year immediately preceding the application for a permit; and
c. It has a bona fide membership of at least 20 members.
The city reserves the right to require the applicant to submit a roster based on complaints or allegations of noncompliance with city policy; or
ITEM 18.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 5 of 9
2. An organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district and/or school district that services in whole or in part the residents of Rancho Cordova or a religious nonprofit elementary, junior high and/or high school located within the planning area of Rancho Cordova.
B. No organization shall submit more than two applications for licenses to sell fireworks within the city. Submittal of more than two such applications shall be grounds for denial of all applications.
C. City business licenses authorizing the sale of “safe and sane fireworks” shall not be transferable to another organization.
D. Transfer of temporary stands from the location for which the license was initially issued may be made; provided, that the application is made to the city’s director of finance (“finance director”) on or before June 1st; provided further, that any such location change has been approved in writing by the fire chief, the chief of police, and the city’s chief building official, and otherwise complies with all provisions of this article regulating the location of temporary fireworks stands.
4.54.380 (“OPERATION OF STAND”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read:
A. All organizations must obtain a fireworks retail license issued by the State Fire Marshal under Section 12574 of the Health and Safety Code of the state of California.
B. No person shall sell fireworks to any person under the age of 18. Proof that the fireworks stand operator/organization demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this article shall be a defense for any proceedings for suspension or revocation of its permit or any criminal proceedings for violations of this article. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government that contains a photograph of the purchaser including, but not limited to, a valid California driver’s license or identification card issued to a member of the Armed Forces.
C. Sale of fireworks shall begin no earlier than 12:00 noon on June 28 and shall not continue after 9:00 p.m. on July 4 of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.
D. No person other than the licensee organization or the spouses, parents or adult children of such members shall operate the stand for which the license is issued.
E. No person under the age of 18 shall sell or participate in the sale of fireworks.
F. Merchandise shall be displayed in such a manner that it cannot be handled by patrons reaching over the selling counter or through other openings in the stand. A suitable shelf or counter may be required in order to comply with this requirement so that patrons will not be able to reach merchandise over the top of the counter.
G. The business license to sell fireworks issued by the city and the retail license issued by the State Fire Marshal must be prominently displayed inside the booth at all times.
ITEM 18.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 6 of 9 H. No person shall be paid any consideration by the licensee or any wholesale distributor of “safe and sane fireworks” for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during non sale hours and to the party authorizing location of the stand on its property.
I. At the time of purchase, each customer shall be given a city-approved information sheet on the safe use and disposal of fireworks.
J. Fireworks stands shall be removed from the temporary locations by noon on July 14, and all accompanying litter shall be cleared from such locations by that date and time.
Section 4.54.390 (“TEMPORARY FIREWORKS STAND”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal code is hereby amended to read as follows:
All retail sales of “safe and sane fireworks” shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.
Temporary stands shall be subject to the following provisions:
A. No fireworks stand shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point.
B. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that stands that need any electrical installations shall apply for all necessary permits and comply with all applicable codes and shall be subject to inspection and approval by the chief building official, or his or her designee.
C. No stand shall have a floor area in excess of 750 square feet.
D. Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 20 feet. Exit doors shall be not less than 24 inches wide and six feet and two inches in height and shall swing in the direction of exit travel. No supplies or other materials shall be stored in front of exit doors. All exit doors shall remain unlocked whenever the stand is occupied.
E. The aisle or passageway in the fireworks stand must be kept clear and unobstructed so as not to impede anyone leaving the stand in an emergency.
F. Each stand shall equipped with a minimum of two two-and-one-half-gallon water-type (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.
G. Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2 or in any other zoning classification if the fire chief certifies in writing to the finance director or his or her designee that the operation of a fireworks location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties.
Section 4.54.400 (“GENERAL REQUIREMENTS FOR LICENSEES) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code shall be amended to read as follows:
ITEM 18.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 7 of 9 A. Stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.
B. All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand.
C. “No Smoking” signs shall be prominently displayed on and in the fireworks stand.
D. Each stand must have at least one adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing or storage of fireworks. At the close of sale each night, fireworks may be either:
1. Returned to the wholesaler’s warehouse, or approved wholesaler’s storage sites;
2. Stored on site with an adult watchperson on site; or
3. Stored in a locked, heavy metal, fully enclosed container, similar to a walk-in drop container approved by the fire department.
E. All unsold stock of fireworks in the hands of the retailer after 9:00 p.m. on July 4 shall be returned to the distributor or wholesaler and removed from the city within 10 days. On closing of stands, all litter shall be removed from the premises.
F. No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.
G. No vehicles shall be parked within 25 feet of the fireworks stand unless loading or unloading fireworks.
H. No flammable liquids are permitted within 50 feet of the fireworks stand.
I. Signs shall be posted that:
1. Illustrate that dangerous fireworks as defined in Health and Safety Code section 12505are prohibited in Rancho Cordova, that violators will be cited, what the citation fines are and that this will be strictly enforced; and
2. List (to the public) places within Rancho Cordova where fireworks are allowed to be used, as well as places where fireworks are not allowed to be used, if any.
J. Handout material shall be issued with each sale that describes proper use and disposal of “safe and sane fireworks” and general safety practices to be followed when handling fireworks.
Failure to issue the educational material may result in the revocation of the permit and immediate closure of the stand.
Section 4.54.420 (“REVOCATION OF LICENSE- APPEAL) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code shall be amended to read:
A. The finance director may revoke, immediately and without notice or hearing, the license of any licensee who violates the provisions of RCMC 4.54.360(E), 4.54.380(A), (B), (C) or (F), or
ITEM 18.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 8 of 9
4.54.400(D). If the revocation occurs between June 22 and July 4 the finance director shall inform the licensee that the licensee may seek review of the finance director’s decision by the city manager, or the city manager’s designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the finance director shall provide the city manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the city manager, or the city manager’s designee, shall meet with the licensee and the finance director on that day to review the finance director’s decision. The decision of the city manager or his designee shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (B) of this section shall apply.
B. The finance director, or the finance director’s designee, may revoke the license of any licensee who violates any provision of this article not specified in subsection (A) of this section.
Such revocation shall not take effect for five days, during which time the licensee may seek review of the finance director’s decision by submitting a written request for review to the city manager. The finance director shall provide the city manager with written notice that a fireworks license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. The city manager, or the city manager’s designee, shall meet with the licensee and the finance director to review the finance director’s decision. The decision of the city manager or his designee shall be final.
C. Any licensee whose permit has been revoked pursuant to subsection (A) or (B) of this section shall be barred from receiving a license under this article for five years from the date of revocation.
Section 4.Amendments to Title 9 Public Peace, Morals and Safety Section 9.36.059 (“FIREWORKS”) of Title 9, Chapter 9.36 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks defined and classified as safe and sane fireworks in Section 12529 of the California Health and Safety Code at any public gathering or patriotic celebration provided a permit for such discharge or display has been obtained from the director. A violation of this chapter is subject to an administrative penalty of $10,000.” Section 5.Severability
If any provision of this Ordinance or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.
To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid or unenforceable.
Section 6. Effective Date
Within fifteen (15) days after adoption, a Summary of this Ordinance shall be published once in the Grapevine Independent, or the Sacramento Bee, a newspaper of general circulation printed
ITEM 18.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 9 of 9 and published in Sacramento County and circulated in the City of Rancho Cordova, in accordance with Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its inception.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the ____ day of ___________, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
David M. Sander, Mayor
ATTEST:
_________________________
Stacy Leitner, CMC
City Clerk
ITEM 18.2. ATTACHMENT 2
Section 1.
Section 4.54.300 (“GENERAL PROHIBITION AGAINST POSSESSION, SALE OR USE OF FIREWORKS”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
Except as otherwise provided in this article, no person shall possess, sell, use, display or explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, within the city. These items, as well as any “safe and sane fireworks” possessed, sold, used, or displayed outside of the authorized time period identified in Chapter 4.54.320 of this Article, are prohibited. For the purposes of this Article, “Fireworks” has the same meaning as in California Health and Safety Code section 12511.
Section 4.54.305 (“HOST LIABILITY”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
A. The term “host” in this section shall mean the person who:
1. Is in charge of private property, including but not limited to, an owner, tenant, landlord, or property manager of the property; or
2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.
B. The term “strictly liable” in this section shall mean liability for a wrongful act regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.
C. Any host shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks in violation of this section on their property or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this section occurring in the common area of the property or in an adjacent public right-of-way, unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs.
D. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of fireworks by the minor in violation of this section.
ITEM 18.2. ATTACHMENT 2
E. Except as provided in subsection (F) of this section, no host shall permit or allow another person on private property or at a gathering on public property, where the host knows or reasonably should know that the person is engaged in a violation of this section.
F. The provisions of this section shall not apply to:
1. Conduct involving display, use, or discharge of fireworks as permitted under federal or state law;
2. A host who initiates contact with law enforcement or fire officials to assist in removing any person for from the property or terminating the activity in order to comply with this section, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this section;
3. No host shall aid or abet another person’s violation of a provision of this section in a public right-of-way adjacent to the host’s private property. A host aids and abets another person’s violation of a provision of this section if he or she knows of the other person’s unlawful purpose and the host specifically intends to, and does, in fact, aid, facilitate, promote, encourage, or instigate the other person’s commission of that violation.
G. A violation of this section shall be charged as a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment in the county jail for not more than six months, or both. In addition to any other remedy allowed by law, any host who violates this section is subject to all remedies available pursuant to RCMC 1.01.190. Violations of this section are declared to be a public nuisance. Any host who violates this section is liable for all the response costs relating to the violation. Any fines pursuant to this section, if delinquent, may be recoverable by property lien or special assessment pursuant to RCMC 1.01.200.
A violation of this section is subject to an administrative fine as follows
1. $1,000 for first violation;
2. $2,500 for second violation within one year of the first violation;
3. $5,000 for each additional violation within one year of the first violation
4. $10,000 for each violation which occurs on school properties H. Unless otherwise noted, the provisions of Chapter 16.18, Article XIV RCMC shall also apply to this section.
Section 4.54.320 (“EXCEPTION- ‘SAFE AND SANE FIREWORKS’”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
ITEM 18.2. ATTACHMENT 2
a. “Safe and sane fireworks” has the same meaning as in California Health and Safety Code section 12529.
b. It shall not be unlawful to possess, sell, use, display or discharge within the city those fireworks as are defined and classified as “safe and sane fireworks” in Part 2 (commencing with Section 12500) of Division 11 of the California Health and Safety Code during that time period beginning at 12:00 noon on June 28th and ending at 10.00 p.m. on July 4th of the same year.
However, during this time period, use, display or discharge of “safe and sane fireworks” is prohibited from the hours of 10:00 p.m. through 9:00 a.m. c. It shall not be unlawful to sell “safe and sane fireworks” within the city during the time period beginning at 12:00 noon on June 28 and ending at 9:00 p.m. on July 4 of the same year.
Section 4.54.340 (“WHOLESALE STORAGE OF FIREWORKS”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
The wholesale storage of fireworks shall be unlawful in the city without valid permits for such storage from the fire district and the city’s building department. Any such storage is limited to the period from June 1st through July 15th 14th of each year.
Section 4.54.350 (“LICENSE RESTRICTED”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
A. No city business license authorizing the sale of “safe and sane fireworks” shall be issued to any person, firm, corporation, organization or group other than:
1. A nonprofit organization or group organized primarily for civic betterment and/or charitable purposes having status as a Section 501(c) organization under the Internal Revenue Code and as a Section 23701(d) organization under the Revenue and Taxation Code of the state of California; provided, that the organization or group satisfies the following criteria:
a. It has its principal and permanent meeting place in the city of Rancho Cordova or its adopted planning area;
b. It has been organized and established in the city of Rancho Cordova or its adopted planning area for a continuous period of at least one year immediately proceeding preceding the application for a permit; and
c. It has a bona fide membership of at least 20 members.
ITEM 18.2. ATTACHMENT 2
The city reserves the right to require the applicant to submit a roster based on complaints or allegations of noncompliance with city policy; or
2. An organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district and/or school district that services in whole or in part the residents of Rancho Cordova or a religious nonprofit elementary, junior high and/or high school located within the planning area of Rancho Cordova.
B. No organization shall submit more than two applications for licenses to sell fireworks within the city. Submittal of more than two such applications shall be grounds for denial of all applications.
C. City business licenses authorizing the sale of “safe and sane fireworks” shall not be transferable to another organization.
D. Transfer of temporary stands from the location for which the license was initially issued may be made; provided, that the application is made to the city’s director of finance (“finance director”) on or before June 1st; provided further, that any such location change has been approved in writing by the fire chief, the chief of police, and the city’s chief building official, and otherwise complies with all provisions of this article regulating the location of temporary fireworks stands.
4.54.380 (“OPERATION OF STAND”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code is hereby amended to read:
A. All organizations must obtain a fireworks retail license issued by the State Fire Marshal under Section 12574 of the Health and Safety Code of the state of California.
B. No person shall sell fireworks to any person under the age of 18. Proof that the fireworks stand operator/organization demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this article shall be a defense for any proceedings for suspension or revocation of its permit or any criminal proceedings for violations of this article. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government that contains a photograph of the purchaser including, but not limited to, a valid California driver’s license or identification card issued to a member of the Armed Forces.
C. Sale of fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after 10:00 9:00 p.m. on July 4th of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.
D. No person other than the licensee organization or the spouses, parents or adult children of such members shall operate the stand for which the license is issued.
ITEM 18.2. ATTACHMENT 2
E. No person under the age of 18 shall sell or participate in the sale of fireworks.
F. Merchandise shall be displayed in such a manner that it cannot be handled by patrons reaching over the selling counter or through other openings in the stand. A suitable shelf or counter may be required in order to comply with this requirement so that patrons will not be able to reach merchandise over the top of the counter.
G. The business license to sell fireworks issued by the city and the retail license issued by the State Fire Marshal must be prominently displayed inside the booth at all times.
H. No person shall be paid any consideration by the licensee or any wholesale distributor of “safe and sane fireworks” for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during nonsale hours and to the party authorizing location of the stand on its property.
I. At the time of purchase, each customer shall be given a city-approved information sheet on the safe use and disposal of fireworks.
I. J. Fireworks stands shall be removed from the temporary locations by noon on July 18th 14th, and all accompanying litter shall be cleared from such locations by that date and time.
Section 4.54.390 (“TEMPORARY FIREWORKS STAND”) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal code is hereby amended to read as follows:
All retail sales of “safe and sane fireworks” shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.
Temporary stands shall be subject to the following provisions:
A. No fireworks stand shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point.
B. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that stands that need any electrical installations shall apply for all necessary permits and comply with all applicable codes and shall be subject to inspection and approval by the chief building official, or his or her designee.
C. No stand shall have a floor area in excess of 750 square feet.
D. Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 20 feet. Exit doors shall be not less than 24 inches wide and six feet and two inches in height and shall swing in the direction of exit travel. No supplies or other materials shall be stored in front of exit doors. All exit doors shall remain unlocked whenever the stand is occupied.
ITEM 18.2. ATTACHMENT 2
E. The aisle or passageway in the fireworks stand must be kept clear and unobstructed so as not to impede anyone leaving the stand in an emergency.
F. Each stand shall be provided equipped with a minimum of two two-and-one-half-gallon water- type (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.
G. Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2 or in any other zoning classification if the fire chief certifies in writing to the finance director or his or her designee that the operation of a fireworks location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties.
Section 4.54.400 (“GENERAL REQUIREMENTS FOR LICENSEES) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code shall be amended to read as follows:
A. Stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.
B. All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand.
C. “No Smoking” signs shall be prominently displayed on and in the fireworks stand.
D. Each stand must have an at least one adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing or storage of fireworks. At the close of sale each night, fireworks may be either:
1. Returned to the wholesaler’s warehouse, or approved wholesaler’s storage sites;
2. Stored on site with an adult watchperson on site; or
3. Stored in a locked, heavy metal, fully enclosed container, similar to a walk-in drop container approved by the fire department.
E. All unsold stock of fireworks in the hands of the retailer after 10:00 9:00 p.m. on July 4th shall be returned to the distributor or wholesaler and removed from the city within 10 days. On closing of stands, all litter shall be removed from the premises.
F. No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.
ITEM 18.2. ATTACHMENT 2
G. No vehicles shall be parked within 25 feet of the fireworks stand unless loading or unloading fireworks.
H. No flammable liquids are permitted within 50 feet of the fireworks stand.
I. Signs shall be posted that:
1. Illustrate that illegal dangerous fireworks as defined in Health and Safety Code section 12505 are prohibited in Rancho Cordova, that violators will be cited, what the citation fines are and that this will be strictly enforced; and
2. List (to the public) places within Rancho Cordova where fireworks are allowed to be used, as well as places where fireworks are not allowed to be used, if any.
J. Handout material shall be issued with each sale that describes proper use and disposal of “safe and sane fireworks” and general safety practices to be followed when handling fireworks. Failure to issue the educational material may result in the revocation of the permit and immediate closure of the stand.
Section 4.54.420 (“REVOCATION OF LICENSE- APPEAL) of Title 4, Chapter 4.54 of the Rancho Cordova Municipal Code shall be amended to read:
A. The finance director may revoke, immediately and without notice or hearing, the license of any licensee who violates the provisions of RCMC 4.54.360(E), 4.54.380(A), (B), (C) or (F), or
4.54.400(D). If the revocation occurs between June 22nd and July 5th 4th the finance director shall inform the licensee that the licensee may seek review of the finance director’s decision by the city manager, or the city manager’s designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the finance director shall provide the city manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the city manager, or the city manager’s designee, shall meet with the licensee and the finance director on that day to review the finance director’s decision. The decision of the city manager or his designee shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (B) of this section shall apply.
B. The finance director, or the finance director’s designee, may revoke the license of any licensee who violates any provision of this article not specified in subsection (A) of this section.
Such revocation shall not take effect for five days, during which time the licensee may seek review of the finance director’s decision by submitting a written request for review to the city manager. The finance director shall provide the city manager with written notice that a fireworks license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. The city manager, or the city manager’s designee, shall meet with the licensee and the finance director to review the finance director’s decision. The decision of the city manager or his designee shall be final.
ITEM 18.2. ATTACHMENT 2
C. Any licensee whose permit has been revoked pursuant to subsection (A) or (B) of this section shall be barred from receiving a license under this article for five years from the date of revocation.
Section 2
Section 9.36.059 (“FIREWORKS”) of Title 9, Chapter 9.36 of the Rancho Cordova Municipal Code is hereby amended to read as follows:
No person shall possess or ignite in any manner any firecracker or fireworks, including any article for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks defined and classified as safe and sane fireworks in Section 12529 of the California Health and Safety Code at any public gathering or patriotic celebration provided a permit for such discharge or display has been obtained from the director. A violation of this chapter is subject to an administrative penalty of $10,000.”
City Council Staff Report – Page 1 of 1
MEMORANDUM
ITEM 19.1.
DATE:May 6, 2024
TO:Honorable Mayor and Council Members
FROM:Nick Sosa, Associate Planner
SUBJECT: VALERO GAS STATION BEER AND WINE SALES – CONDITIONAL USE
PERMIT AND LETTER OF PUBLIC CONVENIENCE AND NECESSITY
(PROJECT NOT SUBJECT TO CEQA PER SECTION 21080(b)(5))– PROJECT NO. PLND-1023-0086
____________________________________________________________________________ PROPERTY OWNERS:
Rakesh Sehgal/United Petroleum
10299 Folsom Boulevard
Rancho Cordova, CA 95670
APPLICANT/DEVELOPER:
Daniel Savala
645 P Street
Sacramento, CA 95814
PROJECT: The Applicant is requesting a Conditional Use Permit (CUP) and Letter of Public Convenience and Necessity (PCN) for the off-site sale alcohol at an existing gas station. The Applicant is requesting a Type 20 Beer and Wine license from the Department of Alcoholic Beverage Control (ABC). Staff is recommending denial due to high calls for service and high concentration in the area, as well as failure to demonstrate a public convenience and necessity.
FILE: PLND-1023-0086
LOCATION: 10299 Folsom Boulevard
APN:
ZONING:
076-0221-001-0000
Commercial Mixed-Use (CMU) within the Folsom Boulevard Specific Plan (FBSP)
PLANNER: Nick Sosa, Associate Planner
RECOMMENDATION:
The Applicant has withdrawn their request and no longer wishes to move forward with their application.
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 19.2.
DATE: May 6, 2024
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
SUBJECT: DECLARING THE RESULTS OF A MAIL BALLOT ELECTION RELATING TO THE PROPOSED STORMWATER UTILITY 1 FEE
INCREASE
RECOMMENDATION
If a majority affirmative vote of the ballots returned is received, staff would return with a Resolution and Ordinance to implement the fee increase at the May 20, 2024, City Council Meeting. If a majority affirmative vote of the ballots returned is not received, then no action is needed.
RESULT OF RECOMMENDED ACTION
If a majority affirmative vote of the ballots returned is received, staff would return with a Resolution and Ordinance to implement the fee increase at the May 20, 2024, City Council Meeting.
BACKGROUND
The Stormwater Utility 1 Fee (SWU1) was created by Sacramento County in 1995 in order to provide safety for the residents of the City, protect property in the City from damage associated with flooding, and meet the requirements of the National Pollution Discharge Elimination System (NPDES) permit. It is necessary to design, construct, operate, maintain, improve and replace storm drainage facilities that collect storm and surface water runoff and convey and treat such runoff safely. It is also necessary to inspect, monitor, and take enforcement action related to illegal dumping, trash, and illicit discharges into the City's storm drain system.
The City of Rancho Cordova has over $120 million in deferred maintenance and replacement costs, including outdated pump stations, local flooding, and damaged and aging infrastructure.
Delay in addressing deferred maintenance will result in a growing maintenance backlog and an increased need to reactively address emergency conditions. Furthermore, the effort needed to comply with state and federal regulations continues to grow.
DISCUSSION
The SWU1 revenue is not adequate to support the City’s stormwater enterprise and, as a result, the stormwater utility fund has a growing deficit. In addition, inadequate revenues generated by
City Council Staff Report - Page 2 of 2
the current SWU1 fee have necessitated the deferral of capital improvements to the storm drain system. Staff recommends an increase to the SWU1 fee to provide adequate funding for maintenance and capital improvements of stormwater infrastructure, addressing deferred maintenance, staying in compliance with state and federal regulations, and reducing the potential for future flooding.
A “Rate Analysis Report” was prepared by Harris & Associates and found that revenue generated by the current rate is not adequate to support the City’s stormwater enterprise. The analysis completed by the City found that the annual costs to maintain, replace, and improve the stormwater infrastructure in the SWU1 area is $8.9 million per year. This cost does not include unforeseen/emergency replacement cost: $70 million based on facilities built starting in the 1960s. The current SWU1 fee collects about $3.5-$4 million per year, a shortfall of approximately $5 million per year. Increasing the rate would reduce this gap and allow the City to provide a higher level of service to address deferred maintenance, decrease the potential for flooding, and comply with growing federal and state regulations.
At the December 4, 2023, City Council meeting, staff presented multiple fee options to the Council and received direction to move forward with a proposed annual rate of $156.79/Single Family Residential (SFR) with inflation starting in year 6. The fee increase will be implemented over a 5-year period, after which the fee will be increased annually based on the Consumer Price Index. The proposed fee schedule is summarized in Attachment 2.
On February 1, 2024, City staff conducted a public meeting to provide property owners with another opportunity to gain information, ask questions and voice concerns. On February 5, 2024, City Council opened the protest hearing and continued the item to the regularly scheduled City Council Meeting on February 20, 2024. On February 20, 2024, City Council again continued the protest hearing to the March 4, 2024, regularly scheduled City Council Meeting. Protests were accepted until March 4, 2024.
On March 4, 2024, the City held a duly noticed public hearing to consider protests regarding the proposed Stormwater Utility 1 increase. 700 protests were received, allowing the City Council to adopt a Resolution submitting the question of the proposed Stormwater Utility 1 Fee increase to a vote of the owners of the property subject to the proposed fee increase. Ballots were mailed to all property owners in the Stormwater Utility 1 district, with a ballot return deadline of May 3, 2024.
The results of the special election will be presented at tonight's City Council Meeting. If a majority affirmative vote of the ballots returned is received, staff will bring back a Resolution and Ordinance to implement the fee increase at the May 20, 2024, City Council Meeting.
FISCAL IMPACT AND FUNDING SOURCE
This action will have no impact on the City's General Fund.
ATTACHMENT(S)
1. Presentation
2. SWU1 Rate Increase Table
1 Stormwater Utility 1
Rate- Public Parcels
May 6, 2024
ITEM 19.2.
ATTACHMENT 1
2 Prop 218
Election
Summary
2 On March 4, 2024, City Council determined that written protests have not been received from property owners representing a majority of the parcels subject to the proposed SWU1 increase.
As a result, City Council authorized a special election for the purpose of submitting the proposed SWU1 increase to a vote of the owners of parcels in the SWU1 district.
The City held a special election solely by mail ballot, for the purpose of submitting the proposed SWU1 increase to a vote of the owners of parcels in the SWU1 district.
Ballots were required to be received by the City Clerk by 5:00 p.m. on Friday, May 3, 2024.
Ballots were opened and tabulated for public viewing in the Community Board Room located at 2729 Prospect Park Drive in the City of Rancho Cordova, on Monday, May 6, 2024, from 9:00 AM until completed.
The City Clerk will announce the ballot results.
ITEM 19.2.
ATTACHMENT 1
3 Proposed
Next Steps
If a majority affirmative vote of the ballots
returned is received, staff will return with a
Resolution and Ordinance to implement the
fee increase at the May 20, 2024, City
Council Meeting.
If a majority affirmative vote of the ballots
returned is not received, then no action is
needed.
3 ITEM 19.2.
ATTACHMENT 1
1 Proposed Rate & Options
Stormwater
Utility Rate FY23-24 Year 1
FY24-25
Year 2
FY25-26
Year 3
FY26-27
Year 4
FY27-28
Year 5
FY28-29
Annual Fee $70.08 $82.39 $96.79 $113.69 $133.59 $156.79 Monthly
Fee $5.84 $6.87 $8.07 $9.47 $11.13 $13.06
Annual
Increase ($) $12.30 $14.40 $16.90 $19.90 $23.20
% increase 17.5% 17.5% 17.5% 17.5% 17.4%
Attachment 2
DMU- Single Family Residential
ITEM 19.2.
ATTACHMENT 2
City Council Staff Report 1 of 7
May 6, 2024
MEMORANDUM
DATE:May 6, 2024
TO:Honorable Mayor and Council Members
FROM:Stefan Heisler, Housing Manager
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A
PROPOSED ACTION TO APPROVE A CONDITIONAL USE PERMIT FOR THE MATHER VETERANS VILLAGE PHASE 4 MULTIFAMILY HOUSING
PROJECT FOR HOMELESS VETERANS, PROJECT NO. PLND-0324-0095,
TO THE AIRPORT LAND USE COMMISSION, PURSUANT TO THE
OVERRULE PROCESS OF PUBLIC UTILITIES CODE SECTION 21676(b),
WITH FINDINGS THAT THE PROPOSED ACTION IS CONSISTENT WITH THE PURPOSES OF PUBLIC UTILITIES CODE SECTION 21670
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to submit the proposed action to approve a Conditional Use Permit for the Mather Veterans Village Phase 4 multifamily housing development project and findings, in a form approved by the City Attorney, to the Airport Land Use Commission (the “ALUC”) and the California Department of Transportation Division of Aeronautics (the “Division”) pursuant to the overrule process of Public Utilities Code Section 21676(b).
BACKGROUND
Following direction from the City Council in April 2021 to look at options for pursuing additional veterans affordable housing projects around the now completed Mather Veterans Village, staff issued a Request for Proposals (“RFP”) for veterans affordable housing projects at the former Mather Air Force Base on July 22, 2022. The City selected the development team of Mercy Housing California and Veterans Housing Development Corporation (the “Development Team”) on October 17, 2022, by Resolution No. 192-2022. The Development Team’s proposal included two projects, Mather Veterans Village Phase 4 (“MVV Phase 4”) – a 70-unit multifamily rental apartment project for homeless and disabled veterans earning up to 50% of the area median income to be located on the northwest portion of parcel APN 067-0010-093, and Mather Veterans Village Phase 5 – a 60-unit affordable multifamily project for large family veterans households earning up to 80% of the area median income and including a flexible commercial space to add additional uses within the Mather Veterans Village campus complex located on a portion of parcel APN 067-1040-006. This City Council agenda item is focused solely on the MVV Phase 4 project.
City Council Staff Report 2 of 7
May 6, 2024
Shortly after the selection of the Development Team, the city and Sacramento County committed a combined $5,000,000 of American Rescue Plan Act (“ARPA”) funding to provide needed local funding required to make the project competitive for state and federal low-income housing tax credits. Throughout 2023, City staff continued to work with the landowner, Sacramento County, on the transfer of the MVV Phase 4 site to the City, conducting due diligence, environmental review, and performing necessary site surveying work.
The project components are now coming together with a target of submitting a funding application for tax credits in July 2024. To reach this goal, multiple components of the projects are occurring simultaneously. City staff are completing environmental due diligence on the site and are finalizing the land conveyance documents with the County. The Development Team has submitted a discretionary entitlement application to the city for a conditional use permit. During agency review of the application, the ALUC confirmed with the city that the project is located within Safety Zone 3 and the 60-65 Community Noise Equivalent Level (CNEL) of the Mather Airport Land Use Compatibility Plan (ALUCP). Due to these constraints, the city is required to submit the project to the ALUC and the Division for further review and comment. This process will also require the City Council to overrule the ALUC’s determination of project incompatibility with the ALUCP pursuant to California Public Utilities Code Section 21676(b) further discussed in a separate section below.
The project site is currently vacant. A structure was located on the site as early as 1957 and was known to have been a dormitory serving the Mather Air Force Base. The building was demolished at some point between 1993 and 1998, and the site has been vacant since that time. A former well facility was located on the western edge of the property which was used to monitor groundwater after the Air Force Base closed in 1997. There are no known hazardous materials releases on the site, and although there are remediation activities occurring on sites in the vicinity of this project on the former air force base, no remediation of the MVV Phase 4 project site has been required.
PROJECT DESCRIPTION
The Mather Veterans Village Phase 4 development project consists of a 70-unit multifamily residential apartment project for homeless and/or disabled veterans or homeless households.
One hundred percent of the units will be rented at an affordable monthly rent to households earning up to 50 percent of area median income for a period of 55 years. The project will have a priority for serving seniors aged 62+. The project will be new construction, three stories, single- loaded, and elevator served. The unit mix includes 58 one-bedroom units and 12 two-bedroom units. The residential units will be arranged around a centrally landscaped courtyard. An approximately 4,000 square foot community clubhouse, offices, and a shared patio will be located within the courtyard. The project is located on the southwest corner of Schirra Avenue and Bleckely Street, a portion of APN 067-0010-093 (see Figure 1). The project is only requesting a conditional use permit at this time and is currently anticipated to be submitted for Major Design Review in the next couple months.
The project is surrounded by Mather Veterans Village phases 1-3 to the north, offices to the east which provide social services to the Mather Community Campus transitional housing programs to the northwest, and commercial office uses adjacent to the south and west.
The project is requesting three Density Bonus incentives, to increase the maximum height to 45’ and to reduce the required number of parking spaces to 35 (0.5 space per unit) and reduce the
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minimum front and side setbacks from 13’ to 10’. The building heights will be consistent with the adjacent Mather Veterans Village. Several additional public on-street parking spaces will be provided on Schirra Ave. The setback reduction will improve the pedestrian oriented nature of the project by improving the visual walk appeal with buildings lining the streets.
FIGURE 1: PROJECT LOCATION
GENERAL PLAN/ZONING CODE
The project site is located within the OMU (Office Mixed Use) land use designation of the City’s General Plan and the Office Subarea of the Mather Field Special Planning Area. The Mather Field Special Planning Area was adopted into the City of Rancho Cordova under the 2003 Zoning Code of Sacramento County (“County Code”) and therefore the project must be evaluated under this County Code. The Office Subarea zoning translates to the Business Professional (BP) zoning designation within the County Code. The OMU land use designation encourages the integration of commercial and/or residential use in conjunction with office use of a site. Office uses are the predominant use, but others may be included in a vertical or horizontal configuration. The proposed multifamily residential use is consistent with the overall intent of the OMU land use designation as the project is adjacent to surrounding office and multifamily residential uses and is an essential continuation of the adjacent campus dedicated to residential uses serving veterans and homeless households. The BP zoning designation permits multifamily residential with a conditional use permit.
Project
Site
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CONDITIONAL USE PERMIT
Multifamily residential use is consistent with the Office Mixed Use (OMU) General Plan land use designation and requires the approval of a conditional use permit in the BP zoning district per the 2003 Zoning Code of Sacramento County. The project is requesting three Density Bonus Incentives available through the State’s Density Bonus Law for residential developments that provide affordable housing to lower income households. These incentives allow qualifying projects to deviate from certain development standards in exchange for the provision of affordable housing units. The proposed project is requesting an increase in the maximum height from 40 feet to 45 feet and a reduction in the required off-street parking spaces to 35 (0.5 spaces per unit) parking stalls, and a reduction in the minimum front and side setbacks from 13 feet to 10 feet. The requested 45-foot height is consistent with the height of the adjacent multifamily residential use to the north and would be adequately setback from the streets. The parking space reduction takes into consideration the specific parking needs of the intended population that will be served by the proposed project, which will prioritize seniors ages 62 years and above. The number of average daily trips for this population is substantially reduced. A trip generation calculation performed by the city estimates the project will generate 400 daily trips, 39 weekday AM peak hour trips, and 40 weekday PM peak hour trips, which are all well below the city’s threshold for requiring a more detailed traffic impact analysis. The project is also served by regular public transit and paratransit, is located within walking distance to the Veteran’s Administration Northern California Medical Center, and will provide additional on- street parking spaces that will be publicly available. The buildings as designed are setback a minimum of 25 feet from the edge of the adjacent streets, similar to residential uses adjacent to the north. The reduction would reduce the minimum setback from the property line, in this case from the back of the existing sidewalks, in order to not create an excessive setback from the street, which would reduce the pedestrian orientation of the project. A project site plan (see Figure 2) has been submitted for review of the conditional use permit.
The proposed use and buildings will add diverse housing stock, serving a special needs population within close proximity to the Veteran’s Administration Medical Center and public transit. The development would redevelop a vacant and underutilized parcel which will improve the walk appeal and walkability of the neighborhood by providing enhanced pedestrian circulation around the site and with neighboring parcels. The special needs population served will be homeless and disabled veteran households and will help reduce veteran homelessness across Sacramento County. The proposed use will include dedicated on-site property management to maintain and operate the property in a decent, peaceful, and safe manner. The proposed number of housing units is below the maximum allowed in the zoning regulations and would result in a development that is less intensive than could otherwise be allowed.
Title I, Chapter 10, Article 3 Section 110-30 of the 2003 Zoning Code of Sacramento County requires specific findings to approve a Conditional Use Permit. As shown in Attachment 2, all applicable findings have been met supporting the Conditional Use Permit. Should the applicant propose to amend the current scope or design, subsequent review and approval by city staff would be required prior to implementation of the changes. The project will be conditioned to meet the City’s applicable design guidelines and will be required to meet all applicable landscaping, lighting, and other city design requirements. The approval of the requested CUP would not be detrimental to the surrounding neighborhood and has been conditioned to minimize any potential impacts the residential use may have on the surrounding area.
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FIGURE 2: PROJECT SITE PLAN
MATHER AIRPORT LAND USE COMMISSION CONSISTENCY
The Project is located within the boundaries of the ALUCP that was adopted in August 2022.
Therefore, the project must be reviewed by the ALUC for consistency with the ALUCP. The project conditional use permit application was sent to the ALUC and the Division on March 22, 2024, for their agencies’ review.
The city received notification from the ALUC by email on April 12, 2024. The ALUC determined that the Proposed Action was incompatible with the Mather Airport Land Use Compatibility Plan because (1) the project site lies within Safety Zone 3 of the Airport Land Use Compatibility Plan (Inner Turning Zone) where the maximum number of dwelling units permitted per gross acre is
0.5; and (2) the project site is located in the 60-65 CNEL noise contour, where all residential uses are prohibited.
The City Council may overrule the ALUC's determination of incompatibility by following the overrule process pursuant to the California Public Utilities Code Section 21676(b). The City would need to provide its proposed action and findings to the ALUC and the California Department of Transportation Division of Aeronautics (the “Division”) at least 45 days out from the formal overrule decision.
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The findings must show consistency with the purposes of Public Utilities Code Section 21670 regarding the protection of public health, safety and welfare in areas surrounding airports.
These are summarized below.
The proposed action:
1. provides for the orderly development of the airport
2. promotes the overall goals and objectives of the California airport noise standards
3. prevents the creation of new noise and safety problems
4. ensures the orderly expansion of airports
5. minimizes the public's exposure to excessive noise and safety hazards The ALUC and the Division then have 30 days to provide advisory comments which must be included in the public record of the local agency decision. The City Council must formally adopt the overrule decision with a two-thirds vote (4 out of 5 with a five-member council).
Overruling the ALUC’s determination may shift additional legal liability to the city pursuant to Public Utilities Code Section 21675.1(f). The operator of the airport would not be liable for damage to property or personal injury resulting from the city's decision to proceed with the conditional use permit. Essentially, the overrule would shield the Mather Airport operator, Sacramento County, from any liability associated with property damage or personal injury that occurs to Mather Veterans Village Phase 4 caused by the airport operations.
ENVIRONMENTAL
The project has been analyzed and is exempt per The California Environmental Quality Act (CEQA) Guidelines Section 15332, In-Fill Development Projects, Section 15183 “Consistent with the Community Plan, General Plan or Zoning”, and Section 15194, Affordable Housing Exemption.
CEQA Guidelines Article 12, Special Situations, identifies circumstances for which certain CEQA-compliance procedures may apply. CEQA Guidelines Section 15183, Projects Consistent with a Community Plan or Zoning, provides a special streamlining process that exempts qualifying projects from additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. Furthermore, if an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior Environmental Impact Report (EIR), or can be substantially mitigated by the imposition of uniformly applied policies or standards, then an additional EIR does not need to be prepared for the project solely based on that impact.
The project has been analyzed and is exempt per CEQA Guidelines Section 15183 “Projects Consistent with a Community Plan, General Plan or Zoning.” The proposed multifamily residential project is a conditionally permitted use consistent with the development densities established by the City’s General Plan and zoning for which an EIR was certified.
The project has been analyzed and is exempt per CEQA Guidelines Section 15194 “Affordable Housing Exemption” and CEQA Guidelines Section 15332 “In-Fill Development Projects.” The proposed project consists of seventy (70) residential units that will be affordable at monthly housing costs deemed to be “affordable rent” for very low-income households for a minimum of 55 years. It will be located within city limits in an area with a population density of at least 1,000 persons per square mile, on a project site of no more than five acres and is substantially surrounded by urban uses on parcels immediately adjacent to the project site. The project site
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has been analyzed for environmental hazards and toxic substances and has not identified any risks to human health or risks that cannot be mitigated to a level of insignificance. All public utilities and services can adequately serve the site and it provides no value as habitat for rare or endangered species.
The proposed use is consistent with the City of Rancho Cordova General Plan designation (Office Mixed Use) integrating residential uses into a predominantly office and business park, and all applicable General Plan policies, generally in the promotion of additional housing for special needs populations. As further described in the attached Proposed Action and Findings the project is consistent with the Mather Airport Land Use Compatibility Plan, as well as with the applicable zoning designation, development density, and regulations in the Mather Field Specific Plan, meeting the conditional use criteria and all applicable development standards.
There are no effects peculiar to the project or project site or substantial new information that would result in new or more severe adverse impacts.
NEXT STEPS
If directed by the City Council, staff will submit the proposed action and findings to the ALUC and the Division for a 45-day review period. At the end of that period, staff will incorporate comments received from the ALUC and the Division and return to the City Council for the overrule decision, anticipated to be in late June.
Following the decision to overrule the ALUC determination, staff will work with Sacramento County to complete the land conveyance process that will transfer ownership of the property to the city and assist Mercy Housing in applying for state tax credit funding in early July. The project will be under a very tight timeline in order to meet the July tax credit application deadline.
If the tax credit application is submitted in July and awarded funding, the project could begin construction as soon as Spring 2025. The next best alternative would see construction begin in late Summer 2025.
The project is currently expected to submit detailed project plans for Major Design Review in June or July, following the land transfer from the County to the City.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
1. Resolution
2. Proposed Action and Findings
3. Presentation
ITEM 20.1. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA,
STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSED
ACTION TO APPROVE A CONDITIONAL USE PERMIT FOR THE MATHER VETERANS VILLAGE PHASE 4 MULTIFAMILY HOUSING PROJECT FOR HOMELESS VETERANS, PROJECT NO. PLND-0324-0095, TO THE AIRPORT LAND USE COMMISSION, PURSUANT TO THE OVERRULE PROCESS OF PUBLIC UTILITIES CODE SECTION 21676(B), WITH
FINDINGS THAT THE PROPOSED ACTION IS CONSISTENT WITH THE PURPOSES OF PUBLIC UTILITIES CODE SECTION 21670
WHEREAS, the City of Rancho Cordova (“City”) issued a Request for Proposals (“RFP”) for veterans affordable housing projects at the former Mather Air Force Base on July 22, 2022 and selected the development team of Mercy Housing California and Veterans Housing Development Corporation (the “Development Team”) on October 17, 2022 by Resolution 192- 2022; and
WHEREAS, the City received a Conditional Use Permit application (the “Application”) from the Development Team for the Mather Veterans Village Phase 4 development project, a 70 unit multifamily residential apartment project for homeless and/or disabled veterans or homeless households earning up to 50 percent of area median income located on the southwest corner of Schirra Avenue and Bleckely Street, a portion of APN 067-0010-093 (the “Project”), on March 19, 2024 and circulated the Application for agencies’ review on March 22, 2024, including to the Sacramento Area Council of Governments Mather Airport Land Use Commission (the “ALUC”) and the California Department of Transportation Division of Aeronautics (the “Division”); and
WHEREAS, the City received a consistency determination letter from the ALUC on April 12, 2024 that the Project is not compatible with the Mather Airport Land Use Compatibility Plan (the “ALUCP”) that was adopted in August 2022 because (1) the Project site lies within Safety Zone 3 (Inner Turning Zone) of the ALUCP where the maximum number of dwelling units permitted per gross acre is 0.5; and (2) the Project site is located in the 60-65 Community Noise Equivalent Level (“CNEL”) noise contour, where all residential uses are prohibited; and
WHEREAS, the City may overrule a determination of the ALUC if it makes findings that the proposed action is consistent with the purposes of Section 21670 regarding the protection of public health, safety and welfare in areas surrounding airports and by providing the ALUC and the Division with a copy of the proposed action and findings at least 45 days prior to the City's action to overrule the ALUC with a two-thirds majority vote by the City Council, pursuant to Public Utilities Code Section 21676(b); and
WHEREAS, staff have prepared the proposed action to approve a conditional use permit for the Project (the “Proposed Action”) and findings that the Proposed Action is consistent with the purposes of Public Utilities Code Section 21670; and WHEREAS, the City Council desires to submit the Proposed Action and findings to the ALUC and the Division pursuant to the overrule process of Public Utilities Code Section 21676(b).
ITEM 20.1. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA that the City Manager of the City of Rancho Cordova is authorized to submit the Proposed Action and findings for the Project, in a form approved by the City Attorney, to the ALUC and the Division pursuant to the overrule process of Public Utilities Code Section 21676(b).
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
David Sander, Mayor
Stacy Leitner, CMC
City Clerk
ATTACHMENT 2
Mather Veterans Village Phase 4
Conditional Use Permit – Airport Land Use Commission Overrule Proposed Action and Findings
CITY OF RANCHO CORDOVA
RESOLUTION NO. XXX-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, ADOPTING OVERRULING FINDINGS REGARDING SACRAMENTO COUNTY AIRPORT LAND USE COMMISSION’S CONSISTENCY DETERMINATION, AND
APPROVING A CONDITIONAL USE PERMIT, FOR THE MATHER VETERANS VILLAGE PHASE 4 MULTIFAMILY RESIDENTIAL PROJECT NO. PLND-0324-0095 WHEREAS, the City of Rancho Cordova (“City”) issued a Request for Proposals (“RFP”) for veterans affordable housing projects at the former Mather Air Force Base on July 22, 2022 and selected the development team of Mercy Housing California and Veterans Housing Development Corporation (the “Development Team”) on October 17, 2022 by Resolution 192- 2022; and
WHEREAS, the City received a Conditional Use Permit application (the “Application”) from the Development Team for the Mather Veterans Village Phase 4 development project, a 70 unit multifamily residential apartment project for homeless and/or disabled veterans or homeless households earning up to 50 percent of area median income located on the southwest corner of Schirra Avenue and Bleckely Street, a portion of APN 067-0010-093 (the “Project”), on March 19, 2024 and circulated the Application for agencies’ review on March 22, 2024, including to the Sacramento Area Council of Governments Mather Airport Land Use Commission (the “ALUC”) and the California Department of Transportation Division of Aeronautics (the “Division”); and WHEREAS, the City received a consistency determination letter from the ALUC on April 12, 2024 that the Project is not compatible with the Mather Airport Land Use Compatibility Plan (the “ALUCP”) that was adopted in August 2022 because (1) the Project site lies within Safety Zone 3 (Inner Turning Zone) of the ALUCP where the maximum number of dwelling units permitted per gross acre is 0.5; and (2) the Project site is located in the 60-65 Community Noise Equivalent Level (“CNEL”) noise contour, where all residential uses are prohibited; and WHEREAS, the City may overrule a determination of the ALUC if it makes findings that the proposed action is consistent with the purposes of Section 21670 regarding the protection of public health, safety and welfare in areas surrounding airports and by providing the ALUC and the Division with a copy of the proposed action and findings at least 45 days prior to the City's action to overrule the ALUC with a two-thirds majority vote by the City Council, pursuant to Public Utilities Code Section 21676(b); and
WHEREAS, the City Council directed staff to submit the Proposed Action and findings to the ALUC and the Division pursuant to the overrule process of Public Utilities Code Section 21676(b) on May 6, 2024 by Resolution XXX-2024; and
ATTACHMENT 2
WHEREAS, on May 7, 2024, the City of Rancho Cordova provided the ALUC and the Division with the Proposed Action and findings in accordance with the 45-day period required under Public Utilities Code Section 21676(b); and
WHEREAS, the Public Utilities Code Section 21676(b) provides that the ALUC and the Division shall respond to the referral of the findings of overrule within 30 days of receiving the proposed action and findings. However, in the event that the ALUC or Division’s comments are not available within this time limit, the City may act without them; and WHEREAS, the comments by the ALUC or Division are advisory to the City under State law; and
WHEREAS, the City Council shall include comments from the ALUC and the Division in the final record of any final decision to overrule the ALUC, which may only be adopted by a two- thirds vote of the City Council; and
WHEREAS, the City Council is the appropriate authority to hear and take action on this Project to approve the Conditional Use Permit and make overruling findings regarding the ALUC’s land use consistency determination; and
WHEREAS, the Project was found to be exempt from the California Environmental Quality Act (CEQA) (Public Resources Code Section 2100 et. Seq.) pursuant to Section 15332, In-Fill Development Projects, Section 15183 “Consistent with the Community Plan, General Plan or Zoning”, and Section 15194, Affordable Housing Exemption; and WHEREAS, the City Council of the City of Rancho Cordova has conducted a properly noticed public hearing pursuant to Government Code Section 65090 and has duly considered all written and verbal testimony presented during the hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA HEREBY RESOLVES AS FOLLOWS:
Based upon the entire record for this Conditional Use Permit No. PLND-0324-0095, including without limitation, written evidence, agenda reports, and testimony presented before the City Council on May 6, 2024 and ________, the City Council makes the following findings:
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Public Utilities Code Section 21676 and 21676.5 provides that a local governing body may overrule the Airport Land Use Commission (ALUC) if it makes specific findings that the proposed action is consistent with the purposes of Public Utilities Code Section 21670. The Sacramento Area Council of Governments (SACOG) serves as the ALUC for Sacramento County. The first purpose of airport land use commissions, under Section 21670, is to provide for the orderly development of public use airports, and the area surrounding these airports so as to promote the overall goals and objectives of
ATTACHMENT 2
California airport noise standards and to prevent the creation of new noise and safety problems. The second purpose of airport land use commissions, under Section 21670, is to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.
3.CEQA Determination: The project is categorically exempt from further California Environmental Quality Act (“CEQA”) analysis pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects, Section 15183 “Projects Consistent with the Community Plan, General Plan or Zoning”, Section 15194 Affordable Housing Exemption.
a.Finding: The project has been analyzed and is exempt per CEQA Guidelines Section 15332, In-Fill Development Projects, Section 15183 “Projects Consistent with the Community Plan, General Plan or Zoning”, and Section 15194, Affordable Housing Exemption.
Evidence: The proposed use is consistent with the City of Rancho Cordova General Plan designation (Office Mixed Use) integrating residential uses into a predominantly office and business park, and all applicable General Plan policies, generally in the promotion of additional housing for special needs populations, and as described in the findings 3.a-3.e below more specifically in regards to consistency with the Mather Airport Land Use Compatibility Plan, as well as with applicable zoning designation, development density, and regulations adopted as part of the Mather Field Specific Plan, meeting the conditional use criteria and all applicable development standards as described in Finding 2.a below. There are no effects peculiar to the project or project site or substantial new information that would result in new or more severe adverse impacts.
The proposed development occurs within city limits with a population density of at least 1,000 persons per square mile, on a project site of no more than five acres and is substantially surrounded by urban uses on parcels immediately adjacent to the project site. The proposed project would not have a reasonable possibility of having a significant effect on the environment or residents due to unusual circumstances.
The project site was formerly developed as a dormitory use for the former Mather Air Force Base and has no value as habitat for endangered, rare or threatened species.
Approval of the proposed use would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed use is consistent in scale with the applicable zoning designation, will provide a reduced number of parking spaces, is in close proximity to local and regional transit lines, and will meet required local agency standards for maintaining or improving air quality and water quality through required conditions of approval including providing readiness for electric vehicles, no natural gas appliances, and providing on-site open space that will mitigate on-site stormwater runoff.
ATTACHMENT 2
The site and proposed use have been reviewed by all applicable utility and public service agencies and can be served adequately.
The proposed project meets the threshold criteria set forth in CEQA Guideline Section 15192 consistency with a specific plan and applicable zoning ordinances, community-level environmental review has been adopted through the General Plan inclusion of the Mather Field Specific Plan, the project can be served by existing utilities, does not have any ecological significance, former release of hazardous substances, significant historical resources, high wildfire risk, risk of public health exposure, earthquake faults, landslide or flood risk, is not located on developed open space or a state conservancy, and has not been divided in order to qualify for an exemption. An environmental assessment and additional soil and soil vapor testing have been conducted on the property. These investigations have found no potential for exposure to future occupants to significant health hazards or risks that cannot be mitigated to a level of insignificance.
The proposed project consists of seventy (70) residential units that will be affordable at monthly housing costs deemed to be “affordable rent” for very low- income households for a minimum of 55 years.
In adopting the General Plan Environmental Impact Report, establishing the General Plan land use designation for the proposed project, the City Council adopted a Statement of Overriding Considerations that in part recognized that “The proposed General Plan will provide much needed residential dwelling units to ease local and regional housing demands by increasing housing opportunities in the City and in a region where housing is costly and in short supply. It will increase the amount of affordable housing in the community. It will enable the City to contribute its fair share of regional housing opportunities, and will provide diverse housing opportunities for all economic levels.” And that the benefits of the General Plan, including the development of affordable housing, outweighs the unavoidable adverse environmental impacts that have not been eliminated or substantially lessened where feasible.
4. The City Council made the following findings required by Title I, Chapter 10, Article 3 Section 110-30 of the 2003 Zoning Code of Sacramento County, as the applicable planning document for the proposed project located within the Mather Field Specific Plan Area, for Conditional Use Permits prior to approving this request:
a.Finding: The establishment, maintenance or operation of the use, building, or structure applied for will not under the circumstances of the particular case be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood.
Evidence: The project is located within the Office Subarea of the Mather Field Special Planning Area (MFSPA), which translates to the Business Professional (BP) zoning designation within the 2003 Zoning Code of Sacramento County. The project is surrounded by other commercial office and residential properties
ATTACHMENT 2
including BP properties to the east and south, multifamily residential to the north, and social services offices to the east which serve additional transitional housing uses to the north.
The project is requesting three Density Bonus Incentives available through the State’s Density Bonus Law for residential developments that provide affordable housing to lower income households. These incentives allow qualifying projects to deviate from certain development standards in exchange for the provision of affordable housing units. The proposed project is requesting an increase in the maximum height from 40 feet to 45 feet, a reduction in the required off-street parking spaces to 35 (0.5 spaces per unit) parking stalls, and a reduction in the minimum front and side setbacks from 13 feet to 10 feet. The requested 45-foot height is consistent with the height of the adjacent multifamily residential use to the north and would be adequately setback from the streets. The parking space reduction takes into consideration the specific parking needs of the intended population that will be served by the proposed project, which will prioritize seniors ages 62 years and above. The number of average daily trips for this population is substantially reduced. The project is also served by regular public transit and paratransit, is located within walking distance to the Veteran’s Administration Northern California Medical Center, and will provide additional on-street parking spaces that will be publicly available. The buildings as designed are setback a minimum of 25 feet from the edge of the adjacent streets, similar to residential uses adjacent to the north. The reduction would reduce the minimum setback from the property line, in this case from the back of the existing sidewalks, in order to not create an excessive setback from the street, which would reduce the pedestrian orientation of the project.
The project will be conditioned to meet the City’s applicable design guidelines and will be required to meet all applicable landscaping, lighting, and other city design requirements. The approval of the requested CUP would not be detrimental to the surrounding neighborhood and has been conditioned to minimize any potential impacts the residential use may have on the surrounding area.
The proposed use and buildings will add diverse housing stock, serving a special needs population within close proximity to the Veteran’s Administration Medical Center and public transit. The development would redevelop a vacant and underutilized parcel which will improve the walk appeal and walkability of the neighborhood by providing enhanced pedestrian circulation around the site and with neighboring parcels. The special needs population served will be homeless and disabled veteran households and will help reduce veteran homelessness across Sacramento County. The proposed use will include dedicated on-site property management to maintain and operate the property in a decent, peaceful, and safe manner. The proposed number of housing units is below the maximum allowed in the zoning regulations and would result in a development that is less intensive than could otherwise be allowed.
ATTACHMENT 2
The proposed use will not be detrimental to the health or safety of residents at the site itself or to persons residing or working in the neighborhood in regards to airport noise and safety as described in findings 3.a-3.e below. b.Finding: The establishment or proposed use will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Evidence: Granting the CUP would not be detrimental to property or to future improvements within the neighborhood. Multifamily residential is consistent with the OMU General Plan land use designation, and requires approval of a CUP in the BP zoning district. The project is surrounded by other BP and residential zoned properties and will be consistent with other uses allowed within these zoning designations.
The site has been designed to take into consideration how to safely accommodate vehicular traffic and pedestrians walking throughout the site. Ingress and egress to the site has been designed to meet the minimum requirements, including emergency vehicle access. Sufficient parking, through a Density Bonus Incentive request for the provision of affordable housing to low-income households, has been provided on the site to accommodate residents and guests visiting the site.
5. Pursuant to Public Utilities Code Section 21676, the proposed adoption of the conditional use permit (the “Proposed Action”) was referred by the City to the ALUC on March 22, 2024. The ALUC responded by email on April 12, 2024. The ALUC determined that the Proposed Action was incompatible with the Mather Airport Land Use Compatibility Plan because (1) the project site lies within Safety Zone 3 of the Airport Land Use Compatibility Plan (Inner Turning Zone) where the maximum number of dwelling units permitted per gross acre is 0.5; and (2) the project site is located in the 60- 65 CNEL noise contour, where all residential uses are prohibited. The City has carefully considered the ALUC’s incompatibility determination and hereby proposes to overrule the commission based on the following findings that the Proposed Action is consistent with the purposes of Public Utilities Code Section 21670 regarding the protection of public health, safety and welfare in areas surrounding airports:
a. Finding: The Proposed Action is consistent with the purpose “…to provide for the orderly development of public use airports in this state...” Evidence: The proposed use is located approximately ½ mile away from the nearest airport runway. To prevent future residents of the proposed residential use from objecting to development of, or around, the airport, prospective tenants will receive notification in the Public Report prepared by the California Department of Real Estate disclosing the fact to prospective tenants that the parcel is located within an Airport Policy Area. Tenant rental/lease agreements will include a copy of the disclosure notice.
The proposed use meets applicable zoning regulations and non-architectural related design guidelines as described in the Mather Field Specific Plan for the
ATTACHMENT 2
Campus Subarea and Campus Area Design District, including orienting the buildings around a central courtyard open space linked by pathways to adjoining parcels, placing parking at the rear of the site to create a more park-like and pedestrian character along the project frontage, meeting front, side, and rear building setbacks, and providing ornamental perimeter fencing. The project meets applicable development standards notwithstanding two Density Bonus Incentives, available through the State’s Density Bonus Law for residential developments that provide affordable housing to lower income households, being requested by the project to increase the maximum height to 45 feet, consistent with adjacent residential uses, and decrease the minimum required off-street parking to 35 spaces. The project will be conditioned to meet applicable architectural related design guidelines for when the project submits for Major Design Review.
Therefore, the use will comply with, and provide for, the orderly development of the Mather Field Airport.
b. Finding: The Proposed Action is consistent with the purpose “…to provide for the orderly development of…the area surrounding airports to promote the overall goals and objectives of the California airport noise standards...” Evidence: The 65-69 CNEL noise contour zone cuts midway across the proposed site. The California Building Standards Code requires minimum noise insulation performance standards that buffer exterior noise. The structures in the 65-69 CNEL noise contour zone would be constructed to achieve the required noise performance standards. This would minimize human exposure to excessive noise.
Likewise, the Sacramento County Department of Airports has provided to the City on December 12, 2023 mitigation conditions for residential development inside 60 CNEL noise contour at Mather Airport: 1) provide minimum noise insulation to 45dB CNEL within new residential dwellings with windows closed in any habitable room; and 2) verification of interior sound levels post construction accomplished through the execution of noise testing in accordance with provisions provided by the Sacramento County Department of Airports. The project will adhere to these conditions, further minimizing human exposure to excessive noise. c. Finding: The Proposed Action is consistent with the purpose “…to provide for the orderly development of…the area surrounding these airports so as…to prevent the creation of new noise and safety problems…”
Evidence: Noise problems are addressed in the finding above and are determined not to create a new noise problem. Prevention of new safety problems is addressed in the paragraphs below.
The site is located in Safety Zone 3, Inner Turning Zone. Normal maneuvers performed in this safety zone are especially by small, piston-powered aircraft, turning base to final on landing approach or initiating turn to en route direction on departure. Airplane altitudes are less than 500 feet above runway, particularly on