City of Sacramento Page 1
LAW AND LEGISLATION COMMITTEE
Katie Valenzuela, Chair, District 4
Caity Maple, District 5
Eric Guerra, District 6
Rick Jennings, II, District 7
COMMITTEE STAFF
Wendy Klock-Johnson,
Assistant City Clerk
Steve Itagaki,
Supervising Deputy City Attorney
Consuelo Hernandez,
Director of Governmental Affairs
Law and Legislation
Committee
City Hall Complex
915 I Street Sacramento, CA 95814
Published by the Office of the City Clerk
(916) 808-7200
SUPPL
EMENTAL MATERIAL
Description of Attached: Attached is supplemental material received after publishing the agenda, the addition of Attachment 5.
For t
he Meeting of: Tuesday, May 21, 2024 at 11:00 a.m.
Age
nda Item: Discussion Item 5
5. 20
24 Title 17 Omnibus Ordinance (Bundle): An Ordinance Amending Various Provisions of Title 15, 17 and 18 of the Sacramento City Code Relating to Planning and Development (M23- 002)
File I
D: 2024-00544
Loca
tion: Citywide
Re
commendation: 1) Review an ordinance amending various provisions of Title 15, 17, and 18 of the Sacramento City Code, relating to planning and development; and 2) pass a Motion determining the ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Sections 15060(c)(3), 15061(b)(3), and 15378(b)(5); and 3) pass a Motion forwarding the ordinance to City Council for consideration.
Contact: Kevin Colin, Zoning Administrator, 916-808-5260, [email protected]; Jamie Mosler, Associate Planner, 916-808-7875, [email protected]; Community Development Department Presenter: Kevin Colin, Zoning Administrator, 916- 808-5260, [email protected]
City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00544 5/21/2024 Discussion Item 5.
2024 Title 17 Omnibus Ordinance (Bundle): An Ordinance Amending Various Provisions of Title 15, 17 and 18 of the Sacramento City Code Relating to Planning and Development (M23- 002)
File ID: 2024-00544
Location: Citywide
Recommendation: 1) Review an ordinance amending various provisions of Title 15, 17, and 18 of the Sacramento City Code, relating to planning and development; and 2) pass a Motion determining the ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Sections 15060(c)(3), 15061(b)(3), and 15378(b)(5); and 3) pass a Motion forwarding the ordinance to City Council for consideration.
Contact: Kevin Colin, Zoning Administrator, 916-808-5260, [email protected]; Jamie Mosler, Associate Planner, 916-808-7875, [email protected]; Community Development Department
Presenter: Kevin Colin, Zoning Administrator, 916-808-5260, [email protected], Community Development Department
Attachments:
1-Background
2-Ordinance (Redline)
3-Ordinance (Clean)
4-Ordinance (Figures)
5-Memo from Kevin Colin, Zoning Administrator
Description/Analysis
Issue Detail: Staff has prepared an omnibus ordinance that proposes many different amendments related to development. The Planning and Development Code (Title 17 of the City Code) is the primary means by which the City’s land use policy is implemented. Pursuant to the City Council’s Rules of Procedure, the Law & Legislation Committee is to “consider, evaluate, conduct fact-finding, and recommend to council positions on proposed city ordinances.” When considering and acting upon proposed amendments to Title 17 of the City Code, the Committee is to consider two findings:
1. As amended, this title complements, supports, and facilitates the implementation of the goals,
File ID: 2024-00544 5/21/2024 Discussion Item 5.
policies, and other provisions of the general plan and the City’s specific plans and transit village plans; and
2. The amendment promotes the public health, safety, convenience, and welfare of the City.
The proposed amendments set forth in the ordinance fall into three categories:
1. State Law Consistency: These amendments respond to planning and zoning laws passed during the 2022 state legislative session.
2. Streamlining: These amendments refine existing regulations without establishing a fundamental new policy.
3. Administrative Cleanup: These amendments correct typographical errors.
A detailed explanation of proposed amendments is provided in the Background section of this report.
Amendments to portions of the City Code outside Title 17 also concern planning and development topics. Amendments to Title 15 concern sign standards, and amendments to Title 18 concern clarifying development impact mitigation fees that may be deferred.
Policy Considerations: The proposed ordinance was drafted prior to adoption of the 2040 General Plan and is mindful of its policy changes. The ordinance is not a replacement for future work (in 2024 and 2025) to fully align Title 17 of the City Code with the 2040 General Plan. Also, the ordinance is not intended to specifically implement any particular 2040 General Plan policy. Rather, this ordinance seeks to make pragmatic change that results in a Planning and Development Code that is accurate (e.g., no typographical errors), consistent with State law (e.g., passed in 2022), and one that refines the implementation of certain policies in a manner that is both consistent with the 2035 General Plan and not in conflict with the 2040 General Plan.
The ordinance includes amendments that advance the following goals and policies of the 2040 General Plan:
Land Use Element
Goal LUP-1: A compact urban footprint and sustainable development pattern with infrastructure that supports efficient delivery of public services while protecting surrounding open space lands.
Goal LUP-2: Balanced and connected community with thriving neighborhoods and centers and development intensities linked to transit.
Goal LUP-3: Flexible development standards to promote revitalization in corridors and centers.
File ID: 2024-00544 5/21/2024 Discussion Item 5.
Staff Analysis: Orderly and well-planned development cannot be easily achieved without accurate and clear regulations. The ordinance provides for clearer regulations, consistency with new state laws, corrects typographical errors, and streamlines existing rules to better implement existing policies. In doing so, the ordinance helps staff and code users maintain focus on achieving the policy goal rather than be distracted by questions about inaccuracies, inconsistencies (e.g., with state law), or burdened with cumbersome processes that achieve the same goal with more effort and cost.
Housing Element
Policy H-2.3.2: Streamlined Application and Building Process. The City shall continue to facilitate interdepartmental review of development applications, encourage pre-application meetings with planning and building staff, and streamline the overall planning application and building process for all development types.
Policy H-2.3.5: Clear Development Standards and Approval Procedures. The City shall maintain and administer clear development standards, and approval procedures for a variety of housing types, including, but not limited to, multifamily housing and emergency shelters.
Staff Analysis: For the reasons stated in the staff analysis above, the ordinance advances Policy H-2.3.2. On the topic of housing, the ordinance includes important clarifications (e.g., accessory dwelling units) and streamlining changes (e.g., open space for housing in Central City Special Planning District, tandem parking for multi-unit dwellings) in furtherance of Policy H-2.3.5.
Economic Impacts: None.
Environmental Considerations: The Community Development Department, Environmental Planning Services Section has determined, pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(3), 15061(b)(3), and 15378(b)(5), that the proposed ordinance is exempt from CEQA. The ordinance consists of amendments to Title 17 to conform to existing state law, streamline the development process, and fix typographical errors. None of these amendments will result in direct or indirect physical changes in the environment and as such the ordinance is exempt from CEQA review.
Sustainability: The proposed ordinance includes amendments that help to make zoning standards easier to understand and implement. This will help facilitate development in the City in a manner consistent with existing policy, including that relating to sustainability.
Commission/Committee Action: On May 8, 2023, the Planning Director initiated, pursuant to City Code Section 17.916-010(A), the proposed ordinance. On April 11, 2024, the Planning & Design Commission conducted a public hearing on the ordinance and, with a unanimous vote, forwarded the
File ID: 2024-00544 5/21/2024 Discussion Item 5.
ordinance, as presented, to the City Council for consideration.
Rationale for Recommendation: Staff recommends the Law & Legislation Committee pass a motion forwarding a recommendation of approval to the City Council. The amendments contained in the proposed ordinance help to refine the City’s Planning and Development Code to make implementation easier and more streamlined, which supports several goals and policies of the General Plan.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
MEMORANDUM
Date: May 17, 2024
To: Law & Legislation Committee
From: Kevin Colin, Zoning Administrator
SUBJECT: Agenda Item #5: 2024 Title 17 Omnibus Ordinance (Bundle): An Ordinance Amending Various Provisions of Title 15, 17 and 18 of the Sacramento City Code Relating to Planning and Development (M23-002) File ID: 2024-00544 Proposed Addition to Ordinance
At the City Council meeting of May 14, 2024, the topic of Home Occupations was discussed and included questions on the need to limit home-based businesses considering the shift in workplace settings (e.g., since COVID). The following ordinance amendments maintain the maximum number of non-resident workers (i.e., one) but remove the maximum number of permits (i.e., presently two). This would enable all people residing in the home to obtain a Home Occupation Permit. Also, a now irrelevant provision relating to off-street parking has also been deleted given the recent policy change in the 2040 General Plan.
SECTION 78.
SecƟon 17.228.230 of the Sacramento City Code is hereby amended to read as follows:
17.228.230 Requirements applicable to all home occupaƟons.
A. Requirements. In addiƟon to the special condiƟons and other provisions in secƟons 17.228.210 and 17.228.220, all home occupaƟons shall saƟsfy all of the following requirements:
1. All of the requirements stated in this secƟon 17.228.230 shall apply to each permiƩed residence without regard to the number of home occupaƟon permits issued for the residence.
2. The use of the dwelling for the home occupaƟon shall be clearly incidental and subordinate to its use for residenƟal purposes. The home occupaƟon may
be conducted in the principal dwelling or accessory structures on the subject property provided that the area does not exceed 10% of the habitable floor area of the residence, including storage of items used or produced by the home occupaƟon.
3. If the home occupaƟon is conducted in a garage, parking for the permiƩed residence must sƟll be maintained as required by this Ɵtle.
43. A total of no more than three No more than one person who is not a resident of the permiƩed residence persons maymay be engaged in home occupaƟons at a permiƩed that residence, of which no more than one person may be a nonresident of the permiƩed residence. The home occupaƟon may have more than one off-site employee or partner if that person does not work at the permiƩed residence.
54. Unless prohibited by a special condiƟon under secƟon 17.228.210, or by a condiƟon of approval of a home occupaƟon condiƟonal use permit under secƟon
17.228.220, clients or customers are permiƩed to visit the permiƩed residence; provided, that on any single day there shall be no more than one client or customer per hour and no more than eight customers or clients visiƟng the residence in a day. A family unit, such as a parent and one or more children, is considered one client or customer for purposes of this restricƟon.
6. No more than two home occupaƟon permits shall be granted per dwelling unit.
75. The permiƩed residence shall comply with all building code standards made applicable to the residence because of the operaƟon of the home occupaƟon.
86. Only one vehicle of a size no larger than one ton shall be permiƩed in conjuncƟon with a home occupaƟon.
97. There shall be no sign, nameplate, or any other form of adverƟsing displayed at the permiƩed residence.
B. Waiver of requirements. The zoning administrator shall have the authority to issue a home occupaƟon condiƟonal use permit under secƟon 17.228.220 to waive the requirements set forth in subsecƟon A of this secƟon.