City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01180 10/3/2023 Discussion Item 4.
An Interim Ordinance Relating to Commercial Truck Usage in North Sacramento and Permit Requirements Under Title 17 of the Sacramento City Code (M23-001) 2023-01180
Location: District 1, Represented by Councilmember Kaplan and District 2, Represented by Councilmember Loloee
Recommendation: 1) Review an Interim Ordinance amending various portions of Title 17 of the Sacramento City Code, related to permit requirements for certain land uses with commercial truck usage; and 2) Pass a Motion forwarding the Interim Ordinance to City Council for consideration.
Contact: Kevin Colin, Zoning Administrator, 916-808-5260, [email protected], Community Development Department
Presenter: Kevin Colin, Zoning Administrator, 916-808-5260, [email protected], Community Development Department
Attachments:
1-Description Analysis
2-Background
3-Interim Ordinance
Description/Analysis
Issue Detail: In response to a City Council log item initiated by Councilmember Loloee (District 2), staff researched the development permit trends in North Sacramento for the prior five years and discovered a concerning trend potentially at odds with draft 2040 General Plan policies relating to environmental justice. The trend concerns an increase in businesses reliant on commercial trailer and truck usage and which are located adjacent to existing residences and requiring circulation along substandard roadways (e.g., lacking sidewalks) and/or through residential neighborhoods.
City Code Section 17.916.030(A) provides that the City Council may adopt an interim ordinance imposing additional or alternative processes, rules, regulations, requirements, or prohibitions on any permits or uses that are the subject of a contemplated general plan, specific plan, transit village plan, or zoning amendment or regulation that the city council or the planning agency is considering or studying or intends to consider or study within a reasonable time.
File ID: 2023-01180 10/3/2023 Discussion Item 4.
Draft 2040 General Plan Policy EJ-A-5 seeks the establishment of new zoning regulations to address the land use issue described above and states, “The City shall develop zoning standards applicable to new and existing industrial and manufacturing developments to minimize or avoid adverse effects related to air quality, noise, or safety on sensitive populations in disadvantaged communities and other areas of the city where industrial and manufacturing uses are near residential uses, such as the Robla neighborhood.”
Consistent with this policy, city staff plans to study potential zoning measures related to new and existing industrial and manufacturing development, including those relating to commercial truck usage, to minimize or avoid potential adverse effects associated with these uses on disadvantaged communities and other areas of the city.
In the interim, however, the proposed interim ordinance will provide, on a temporary basis, regulatory changes that: (1) expand the scope of discretionary review from Site Plan & Design Review to also include a Conditional Use Permit; and (2) raise the level of review to from staff to the Planning & Design Commission. These interim changes will apply to:
· Land uses of contractor storage yard, trucking terminal yard, tractor or heavy truck sales, storage, rental, tractor or heavy truck service, repair, and distribution warehouse center; · The M-1, M-1(S), M-2, and M-T zones;
· Area bounded by city limits on the north and east, Arden Way on the south, and Steelhead Creek on the west; and
· Projects located within 1,000 of any residentially-zoned property or existing residential use, K- 12 school, childcare center, medical clinic or office, or senior housing.
The ordinance will empower the Commission to consider these uses on a case-by-case basis to ensure each project is compatible with its proposed location. Alternatively, the Commission may, unlike under today’s regulations, determine the use is not compatible and therefore not approve a Conditional Use Permit.
Policy Considerations: The following existing and proposed policies support the adoption of the interim ordinance.
2030 General Plan: Land Use Element
Goal LU 1.1 (Growth and Change): Support sustainable growth and change through orderly and well- planned development that provides for the needs of existing and future residents and businesses, ensures the effective and equitable provision of public services, and makes efficient use of land and infrastructure.
File ID: 2023-01180 10/3/2023 Discussion Item 4.
Policy LU 1.1.5 (Infill Development): The City shall promote and provide incentives (e.g., focused infill planning, zoning/rezoning, revised regulations, provision of infrastructure) for infill development, reuse, and growth in existing urbanized areas to enhance community character, optimize City investments in infrastructure and community facilities, support increased transit use, promote pedestrian- and bicycle-friendly neighborhoods, increase housing diversity, ensure integrity of historic districts, and enhance retail viability.
North Sacramento Community Plan
Policy NS.LU 1.1 (Development North of Business 80): The City shall encourage development north of Business 80 in a manner which emphasizes neighborhood cohesiveness and variety of housing types.
Policy NS.LU 1.3 (Infill Development South of Business 80): The City shall place a high priority in the city’s Capital Improvement Program towards improving street conditions and services to vacant areas south of Business 80. Upgrading neighborhood conditions is one of several actions that will be taken to encourage infill developments.
Policy NS.LU 1.4 (Industrial Infill Development): The City shall encourage infill of existing industrial sites in the Woodlake-Arden area, improve vehicular traffic access within and to the area, and continue to protect significant environmental resources.
Policy NS.LU 1.7 (Improvements North of Business 80): The City shall work with property owners to develop and implement a comprehensive strategy to install water, sewer, and drainage facilities, improve the visual appearance, and improve traffic access to the industrial area north of Business 80.
Policy NS.M 1.1 (Street Improvements): The City shall carry out improvements for streets that lack sidewalks and street lighting, are under heavy use by pedestrians, or will not be improved through new development and assessment districts.
Draft 2040 General Plan
Draft 2040 General Plan Policy EJ-A-5 states, “The City shall develop zoning standards applicable to new and existing industrial and manufacturing developments to minimize or avoid adverse effects related to air quality, noise, or safety on sensitive populations in disadvantaged communities and other areas of the city where industrial and manufacturing uses are near residential uses, such as the Robla neighborhood.”
Economic Impacts: The proposed interim ordinance is in response to an increase in truck-related
File ID: 2023-01180 10/3/2023 Discussion Item 4.
land use proposals that is consistent with statewide trends. This ordinance will not prohibit these uses from being established but will instead allow the City more discretion to consider the appropriate location for such uses.
Environmental Considerations: The proposed interim ordinance is not a project for purposes of the California Environmental Quality Act (CEQA), consistent with CEQA Guidelines 15061(b)(3) and 15378. The proposed ordinance merely imposes an additional permit requirement for specified land uses. The ordinance does not trigger additional development, but rather modifies the development review process for considering specified projects. It can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment (CEQA Guidelines 15061(b)(3). Further, the proposed ordinance has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment (CEQA Guidelines 15378). Specified projects reviewed under the ordinance will continue to be subject to CEQA review.
Sustainability: The interim ordinance concerns a land use permit requirement only (i.e., no new or different standards) and, therefore, excludes features directly related to sustainability. Existing standards related to sustainability (e.g., energy efficiency, greenhouse gas emission levels) will continue to apply to development that is approved and constructed under the interim ordinance.
Commission/Committee Action: There has been no prior action by a committee or commission. If recommended for adoption by the Law & Legislation Committee, the interim ordinance will proceed direct to City Council for consideration. Pursuant to City Code Section 17.916.030(A), review by the Planning & Design Commission is not required for an interim ordinance. Prior to the interim ordinance’s repeal, however, permanent changes to the zoning code will be presented to the Planning & Design Commission for Review.
Rationale for Recommendation: Staff recommends the Law and Legislation Committee pass a motion forwarding a recommendation of approval to the City Council. The interim ordinance imposes an appropriate temporary regulatory requirement responding to current development trends and, in doing so, ensures potentially incompatible land uses are holistically reviewed in a manner that does not exacerbate environmental justice issues.
Financial Considerations: Not Applicable.
Local Business Enterprise (LBE): Not Applicable.
Background
Origin of Legislation
On August 24, 2021, Councilmember Loloee (District 2) requested the following be added to the City Council log of requests pursuant to (prior) Council Rules of Procedure, Rule 7.A.2,
“Present to council research on historical land use/zoning decisions that negatively impact the North Sacramento community. Present the history of the annexation of north Sacramento.”
In June 2022, staff briefed the councilmember on its research findings. In August 2022, the request was removed from the City Council log, and, with the councilmember’s concurrence, the request was narrowed to focus on potential land use incompatibilities.
Staff then conducted new research concerning the prior five years of land use entitlement requests for the following uses:
Alcohol, Assembly
Auto Sales
Auto Service (Gas Station)
Cannabis – Delivery
Cannabis – Dispensary
Cannabis – Modification
Cannabis – Production
Cannabis - Production & Delivery
Drive-Through
Heavy Trucking
New Commercial
New Industrial Warehouse
Recycling
Storage Yard
Temporary Shelter Facility
Tobacco
In March 2023, staff briefed the councilmember on its new research findings and presented procedural options for potential legislation. In this briefing, the councilmember and staff agreed to prepare the interim ordinance which is the subject of this report.
Recent Development Trends
Staff’s research shows that, between 2016 and 2022, there has been an increase in development activity within North Sacramento related to businesses that rely on commercial truck and trailer usage. In zoning terms, these businesses are classified as the following land uses:
Background
Contractor storage yard
Terminal yard, trucking
Tractor or heavy truck sales, storage, rental
Tractor or heavy truck service, repair
Warehouse distribution center.
Figure 1 below identifies the locations of the referenced development activity related to these uses between the years 2016 and 2022. A noticeable cluster of activity exists in the Robla Community.
Figure 2 below identifies the referenced development in relation to properties with industrial zoning, but which are presently developed or occupied with residential uses.
Figure 3 below identifies the locations of the referenced development in relation to City Council districts.
Current Regulations
When located in industrial zones such as the M-1, M-1(S), M-2 and M-T districts, the subject land uses are presently permitted by right1 and require site plan and building architecture controls when associated with new site or building development or alterations to existing sites or buildings.2 In other words, current regulations assume the subject uses are appropriate to locate at every property with those industrial zoning designations. Current land use regulations expressly do not apply to how each land use activity is carried out (e.g., size of operation, traffic volume, hours), including how business operations interact with the physical environment and other land uses located off-site (e.g., proximity to noise/air quality sensitive uses, circulation patterns along roadways without sidewalks).
1 See permitted use tables at City Code Sections 17.220.110, 210, 310 and 710 (click here to access). 2 See City Code Section 17.808.110(B) (click here to access).
Background
Figure 1: North Sacramento Development Activity – Commercial Truck & Trailer Uses – Years 2016 to 2022 – Residential and Industrial Zones
Background
Figure 2: North Sacramento Development Activity – Commercial Truck & Trailer Uses – Years 2016 to 2022 – Non-Conforming Residential Uses in Industrial Zones (See Dark Purple Parcels)
Background
Figure 2: North Sacramento Development Activity – Commercial Truck & Trailer Uses – Years 2016 to 2022 – Council District Boundaries
Background
Potential Land Use Incompatibilities
Land uses reliant on commercial truck and trailer usage have the potential to generate noise and air pollution both on and off-site. In North Sacramento, there is also the potential for these uses to increase the circulation of commercial trucks in areas with inadequate infrastructure (e.g., the Robla neighborhood3), including roads that lack curbs, gutters, and sidewalks (See Figure 4 below) as well as a roadway network that is not complete.4 The potential for noise, air pollution and roadway safety issues to be present is elevated when uses reliant on commercial truck and trailer usage occur in proximity to sensitive land uses5 or within a neighborhood including them.
Staff’s review of development activity for the subject land uses revealed they are occurring at locations raising all the above land use incompatibilities. In fact, the potential is more acute where, as shown in Figure 2, existing residential uses are present at industrially zoned properties (see parcels shaded dark purple). Figure 5 illustrates an overhead view of a land use reliant on commercial truck and trailer usage abutting residential uses.
Figure 4: Raley Boulevard looking south; industrial zoning both sides of the street; industrial uses on left, non-conforming residential uses on right.
3 See Pages 3-NS-18 to 24 of North Sacramento Community Plan, adopted March 3, 2015 (click here for copy).
4 See Page 3-NS-22 of North Sacramento Community Plan which states, “North/south roadway connections do not exist within Robla, and east/west roadway connections are broken and/or lim ited” (click here for copy).
5 For purposes of this report, sensitive land uses include: residential uses, schools, parks, childcare centers, medical clinics or offices, and senior housing.
Background
Figure 5: Industrial and residential uses within an industrial zone southeast of the intersection of Dry Creek Road and Main Avenue.
Land Use Planning & Environmental Justice
Most of North Sacramento has been identified by the California Environmental Protection Agency as a disadvantaged community, which is defined as a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, and environmental degradation (See Figure 6 below; see also California Health and Safety Code, § 39711). The City is currently in the process of updating its General Plan and which includes an Environmental Justice Element fulfilling the statutory requirements of SB 1000, a state law requiring policies for issues that affect disadvantaged communities.
The draft 2040 General Plan Environmental Justice Element includes policies aimed at addressing pollution and adverse effects related to air, noise, and safety on sensitive uses, including those within the North Sacramento Community Plan area. Through draft Policy EJ-A-5, the City will study potential zoning measures related to new and existing industrial and manufacturing development, including those relating to commercial truck usage, to minimize or avoid potential adverse effects associated with these uses on disadvantaged communities and other areas of the City.
Background
Figure 6: State Designated Disadvantaged Communities (DACs) in Sacramento (Map EJ-1, Draft 2040 General Plan).
Background
Figure 7: Census Tracts with Highest Cumulative Air Pollution Burden (Map EJ-2, Draft 2040 General Plan).
Background
Explanation of Interim Ordinance
Until the study related to Policy EJ-A-5 is complete, the interim ordinance will impose a Conditional Use Permit requirement for specified uses in a portion of North Sacramento.
The Conditional Use Permit requirement will allow the City to consider these uses on a case-by-case basis and to ensure each project is compatible with its proposed location.
Area Subject to Interim Ordinance
The ordinance defines a specific area where it will apply, “The area bounded by the city limits on the north and east, Arden Way on the south, and Steelhead Creek on the west.”
This is illustrated in Figures 2 through 5. This area incorporates disadvantaged communities, primarily within council District 2. It also applies to industrially zoned properties (i.e., M-1, M-1(S), M-2, M-T zones) where the development activity is occurring. Properties located south of Arden Way are intentionally excluded since they have complete roadways and are removed from residential zones.
Buffer Distance Where Conditional Use Permit Required
The ordinance establishes a buffer distance that will be used to determine when a Conditional Use Permit is required. It reads,
“1,000 feet of any residentially-zoned property or existing residential use; school, K- 12; park; childcare center; medical clinic or office; or senior housing.” This distance and specified ‘sensitive’ land uses are informed by guidance provided by the California Environmental Protection Agency, Air Resources Board titled, “Air Quality and Land Use Handbook: A Community Health Perspective.”6 Review Authority
The ordinance makes the Planning & Design Commission the review authority for Conditional Use Permit applications under the ordinance. Compared to a Director-level decision whereby the Zoning Administrator would consider the application, the proposed review authority provides for increased participation and greater discourse. Additionally, it furthers draft 2040 General Plan Policy EJ-4.5 which states, in part, “Increasing Participation of Underserved Communities. The City shall increase the participation of socioeconomically disadvantaged residents and other traditionally underrepresented groups in city planning and decision-making processes.”
6 See https://ww2.arb.ca.gov/sites/default/files/2023-05/Land%20Use%20Handbook_0.pdf
ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN INTERIM ORDINANCE RELATING TO
COMMERCIAL TRUCK USAGE IN NORTH SACRAMENTO
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1. Background.
1. In North Sacramento, there has been an increase in commercial truck uses such as contractor storage yard; trucking terminal yard; tractor and heavy truck sales, storage, rental, service, and repair; and warehouse distribution center.
2. These commercial truck uses have the potential to generate noise and air pollution, as well as increase the circulation of commercial trucks in areas with inadequate infrastructure (e.g., the Robla neighborhood in North Sacramento), including roads that lack curbs, gutters, and sidewalks.
3. These commercial truck uses are also frequently located or proposed to be located near sensitive uses such as residential neighborhoods, schools, daycare centers, parks, and medical facilities, which are more susceptible to potential adverse health effects associated with commercial truck uses.
4. Most of North Sacramento has been identified by the California Environmental Protection Agency as a disadvantaged community, which is defined as a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, and environmental degradation. (See California Health and Safety Code, § 39711.)
5. The city is currently in the process of updating its general plan. The draft 2040 General Plan includes an element on Environmental Justice that has policies aimed at addressing pollution and adverse effects related to air, noise, and safety on sensitive uses, including those within the North Sacramento Community Plan area.
6. In addition, the city intends to study potential zoning measures related to new and existing industrial and manufacturing development, including those relating to commercial truck usage, to minimize or avoid potential adverse effects associated with these uses on disadvantaged communities and other areas of the city.
7. Until that study is complete, the city is imposing a conditional use permit requirement for commercial truck uses in certain parts of North Sacramento to allow the city to
consider these uses on a case-by-case basis to ensure each project is compatible with its proposed location.
SECTION 2.
The city council finds the following:
1. The background statements in section 1 are true and correct.
2. This interim ordinance complements, supports, and facilitates the implementation of the goals, policies, and other provisions of the general plan and the city’s specific plans and transit village plans.
3. This interim ordinance promotes the public health, safety, convenience, and welfare of the city by ensuring that commercial truck uses are properly sited to minimize potential negative effects associated with those uses.
4. Following the adoption of this interim ordinance, the city intends to study and develop zoning standards applicable to new and existing industrial and manufacturing developments to minimize or avoid adverse effects related to air quality, noise, and safety on sensitive populations in disadvantaged communities and other areas of the city where industrial and manufacturing uses are near residential uses, such as the Robla neighborhood.
SECTION 3.
Notwithstanding anything to the contrary in chapter 17.220 of the Sacramento City Code, the uses in subsection A require approval of a conditional use permit by the Planning and Design Commission if located within an area that meets all the criteria in subsection B.
A. Conditional uses.
1. Contractor storage yard
2. Terminal yard, trucking
3. Tractor or heavy truck sales, storage, rental
4. Tractor or heavy truck service, repair
5. Warehouse; distribution center
B. Location.
1. The M-1, M-1(S), M-2, or M-T zones;
2. The area bounded by the city limits on the north and east, Arden Way on the south, and Steelhead Creek on the west; and
3. 1,000 feet of any residentially-zoned property or existing residential use; school, K-12; park; childcare center; medical clinic or office; or senior housing.
SECTION 4.
This ordinance remains in effect until repealed.