City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-02087 12/13/2022 Consent Item 29.
Ordinance Relating to Vacant Lot Registration [In Lieu of Pass for Publication Ordinance to be Published in its Entirety]
File ID: 2022-02087
Location: Citywide
Recommendation: Adopt an Ordinance amending section 8.136.020 of the Sacramento City Code and adding section 8.136.080 relating to the registration of vacant lots, to be published in full pursuant to Sacramento City Charter, § 32(d).
Contact: Peter Lemos, Code and Housing Enforcement Chief, (916) 808-8183, [email protected], Community Development Department Presenter: Peter Lemos, Code and Housing Enforcement Chief, (916) 808-8183, [email protected], Community Development Department Attachments:
1-Description/Analysis
2-Ordinance (Clean)
3-Ordinance (Redline)
Description/Analysis
Issue Detail:
Vacant Lot Program
On May 22, 2018, the City Council adopted Chapter 8.136 of the Sacramento City Code relating to registration of vacant lots. The vacant lot program was established to prevent blight and ensure proper maintenance of vacant lots. Key provisions of the program include but are not limited to requiring annual registration of vacant lots; requiring local contact representatives; defining nuisance vacant lots; requiring posted signage for nuisance lots; and establishing vacant lot program and nuisance lot monitoring fees. The city code did not include a specific section for exemptions or fee waivers when it was adopted.
In December 2018, the City Council approved the annual Vacant Lot Program and the Nuisance
File ID: 2022-02087 12/13/2022 Consent Item 29.
Vacant Lot fees. These fees offset costs to administer the program and register properties. City council also added 2.0 Full Time Equivalent (FTE) employees to administer the program. No additional code enforcement field staff were added at that time to enforce nuisance lots. The intent was to implement the program registration and evaluate the need for enforcement staff.
January through June of 2019, staff worked on the development and implementation of the registration program. This included creating a system to allow property owners to register and pay program fees online. During this time, staff also conducted an extensive outreach program to educate property owners and key stakeholders of the new program and its requirements.
In July of 2019, staff mailed registration notices to over 6,000 property owners. Real estate development and exclusions of lots which did not meet the criteria as defined by the code have reduced the number of properties subject to the code. Approximately 3,600 vacant lots are currently registered each year.
On January 4, 2022, staff provided an update on the Vacant Lot Program to the Law and Legislation Committee and requested direction on recommended amendments to the ordinance. Staff was directed to return to the Committee with ordinance amendments for consideration including adding provisions for exemptions.
On May 17, 2022, staff provided an update on the Vacant Lot Program to the Law and Legislation Committee after meeting with constituents to identify specifics needed to address the requested exemptions. The committee was satisfied with the exemptions provided and requested a specific timeline to allow parcel divisions to be exempt before permitted construction begins to continue the exemption. The committee provided direction to staff to submit the modified ordinance directly to council for approval.
Proposed Ordinance Amendments
When the ordinance was adopted, it did not define or specify exemptions. This has resulted in problems with designating vacant lots that may be exempt from the code. For example, staff discovered that many property owners own vacant lots that are extensions of their primary residence.
Currently, the ordinance does not allow for an exemption or fee waiver of a vacant lot if a parcel is maintained and adjacent to a primary residence. These vacant properties are often not a problem for the City because they are maintained and fenced.
To improve program administration and clarify vacant lots subject to the code and strengthen nuisance lot enforcement, staff proposes amending the vacant lot ordinance to add a section defining exemptions and a fee waiver when registering the vacant lots. It should be noted that the number of vacant lots paying the registration a fee will decrease as property owners request exemptions under the proposed amended ordinance. This will decrease cost recovery. However, staff workload will increase as each request requires investigation and analysis to approve the fee waiver. Additionally, staff will continue to process and manage registration of the lot.
File ID: 2022-02087 12/13/2022 Consent Item 29.
Policy Considerations: After several years of implementation, staff recommends amending the code to add a section defining fee waivers The proposed changes will clarify vacant lot criteria and improve compliance with the city code.
Economic Impacts: Not applicable.
Environmental Considerations: The ordinance would amend an existing program for registration of vacant lots, and fees and waivers associated with the program. Adoption of the ordinance is an administrative activity of the City that would not result in any direct or indirect effect on the environment, and is not a “project” as defined in CEQA. No CEQA review is required. CEQA Guidelines section 15378(b)(5); 15060(c)(3).
Sustainability: There are no sustainability considerations applicable to amending Sacramento City Code 8.136 related to registration of vacant lots.
Commission/Committee Action: On May 17, 2022, the Law and Legislation Committee approved specified exemptions to the vacant lot ordinance and provided direction to staff to submit the modified ordinance to council for adoption.
Rationale for Recommendation: Upon request of this committee, staff provided information on a proposed modified ordinance to regulate privately-owned vacant lots.
Financial Considerations: The Vacant Lot Program fees offset costs for administrative positions required to properly register properties. For FY 2023, the vacant lot program operating budget is $144,989. This budget does not include Code Compliance staffing required for program enforcement.
Adoption of the fee waiver may result in decreased revenue.
Local Business Enterprise (LBE): Not applicable.
1 ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTION 8.136.020 OF, AND ADDING SECTION
8.136.080 TO, THE SACRAMENTO CITY CODE, RELATING TO REGISTRATION OF
VACANT LOTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
A. Section 8.136.020 of the Sacramento City Code is hereby amended as follows:
1. A definition of “dwelling” is added to read as follows:
“Dwelling” has the same meaning as in section 17.108.050.
2. A definition of “primary parcel” is added to read as follows:
“Primary parcel” means any parcel of real property with a completed, occupied, and permitted dwelling.
3. The definition of “vacant lot” is amended to read as follows:
“Vacant lot” means any parcel of real property that is not improved with a completed permitted structure.
B. Except as amended by subsection A above, all provisions of section 8.136.020 remain unchanged and in full effect.
SECTION 2.
Section 8.136.080 is hereby added to the Sacramento City Code to read as follows:
8.136.080 Waiver of vacant lot program fee.
A. The city manager or designee may, upon application by an owner of a vacant lot, waive the annual vacant lot program fee required in section 8.136.030 if the vacant lot is not in violation of this code and one of following applies:
1. A structure is being constructed on the vacant lot under an active building permit;
2. The vacant lot has a private community garden as defined in section
17.108.040;
2 3. The vacant lot is subject to a conservation easement, as defined in section 815.1 of the California Civil Code;
4. The vacant lot has a parking lot as defined in section 17.108.170;
5. The vacant lot is being used for general use agriculture, as defined in section 17.108.020;
6. The vacant lot is located on a parcel that was created within the past 24 months pursuant to division VIII of title 17;
7. The vacant lot is used as an extension of a primary parcel and meets all the following criteria:
a. The vacant lot abuts the primary parcel;
b. The vacant lot and the primary parcel have identical ownership; c. The primary parcel is not in violation of this code; or
8. There is an active Urban Agriculture Incentive Zone contract, pursuant to chapter 17.722, covering the vacant lot.
B. A vacant lot program fee waiver is valid for one year.
1 ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTION 8.136.020 OF, AND ADDING SECTION
8.136.080 TO, THE SACRAMENTO CITY CODE, RELATING TO REGISTRATION OF
VACANT LOTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
A. Section 8.136.020 of the Sacramento City Code is hereby amended as follows:
1. A definition of “dwelling” is added to read as follows:
“Dwelling” has the same meaning as in section 17.108.050.
2. A definition of “primary parcel” is added to read as follows:
“Primary parcel” means any parcel of real property with a completed, occupied, and permitted dwelling.
3. The definition of “vacant lot” is amended to read as follows:
“Vacant lot” means any parcel of real property that is not improved with a community garden, as defined by section 17.108.040 or a completed permitted structure.
B. Except as amended by subsection A above, all provisions of section 8.136.020 remain unchanged and in full effect.
SECTION 2.
Section 8.136.080 is hereby added to the Sacramento City Code to read as follows:
8.136.080 Waiver of vacant lot program fee.
A. The city manager or designee may, upon application by an owner of a vacant lot, waive the annual vacant lot program fee required in section 8.136.030 if the vacant lot is not in violation of this code and one of following applies:
1. A structure is being constructed on the vacant lot under an active building permit;
2. The vacant lot has a private community garden as defined in section
17.108.040;
2 3. The vacant lot is subject to a conservation easement, as defined in section 815.1 of the California Civil Code;
4. The vacant lot has a parking lot as defined in section 17.108.170;
5. The vacant lot is being used for general use agriculture, as defined in section 17.108.020;
6. The vacant lot is located on a parcel that was created within the past 24 months pursuant to division VIII of title 17;
7. The vacant lot is used as an extension of a primary parcel and meets all the following criteria:
a. The vacant lot abuts the primary parcel;
b. The vacant lot and the primary parcel have identical ownership; c. The primary parcel is not in violation of this code; or
8. There is an active Urban Agriculture Incentive Zone contract, pursuant to chapter 17.722, covering the vacant lot.
B. A vacant lot program fee waiver is valid for one year.