Successor Agency and the update approved by the Oversight Board and DOF in 2015 to facilitate the Port’s acquisition of the Stone Lock properties. With the completion of that disposition, only three properties remained on the LRPMP: one parcel located on Lighthouse Drive that has the potential to be used, in part, for future road safety improvements and two vacant parcels on West Capitol Avenue that have the potential to accommodate affordable housing or other mixed-uses (See Exhibit A of Attachment 2 for location maps). In the LRPMP, these properties were listed for the third disposition mechanism: the Successor Agency will sell the properties to the highest private bidders through a competitive solicitation process.
DOF currently does not require a timeframe for the implementation of the LRPMP and no action has been taken related to the LRPMP since 2015. However, last year, staff discovered an error in the County’s tax roll records related to the Broderick Boat Ramp parcels (See Exhibit A of Attachment 1 Boat Ramp Parcels Location Map).
The tax roll listed the City as the owner of the properties; however, the properties were actually owned by the former RDA. This error was discovered when the City went to renew a 20-year lease with the State Lands Commission for the boat launch area. The City was required to show sufficient site control to access the proposed lease area and it was then that staff uncovered the error and discovered that the title to the parcel upland of the Broderick Boat Ramp was not held by the City. As a temporary solution, to allow the City to apply for the new lease with State Lands, and to allow for continued operation of the boat ramp, the Successor Agency and the City entered into a license agreement that expires in May 2025.
ANALYSIS
The Broderick Board Ramp has been in continuous public use, and maintained by the City, since the City incorporated in 1987. It is necessary to perfect the City’s real property rights to the boat ramp to maintain the lease agreement with the State Land Commission, and an important recreation feature, beyond May 2025. To correct this error and transfer fee title of the Broderick Boat Ramp parcels to the City, staff is requesting that the City Council and Successor Agency make the recommended CEQA findings to the transfer of the Broderick Boat Ramp parcels and adopt Joint Resolution 23-90. These actions correct the omission of the Broderick Boat Ramp properties from the LRPMP and authorize their transfer under the public use transfer disposition mechanism.
Per Section 34181 of the Health and Safety Code, a public use transfer is the transfer of ownership from the Successor Agency to the City, subject to the approval of the Successor Agency and City, the Oversight Board, and DOF, for assets that were constructed or used for a governmental purpose (prior to 2012) including parks.
Under this disposition approach, no compensation is owed to the taxing entities as defined by Section 34171 of the Health and Safety Code (the City is one of the several taxing entities that had their property taxes diverted to the former Redevelopment Agency). If these actions are approved, on January 25, 2024, staff will seek the Oversight Board’s adoption of a resolution to effectuate the transfer of properties from the Successor Agency to the City. If the Oversight Board approves the resolution, then the action will be sent to DOF for their approval.
DOF has 90 days to review the actions of the Oversight Board and consent or object to those actions. The City’s acceptance of the Broderick Boat Ramp parcels will be conditioned upon DOF’s consent.
Staff is hopeful that by following these steps, the City will be the fee-title owner to the Broderick Boat Ramp parcels by the end of May 2024. To streamline this process, and complete the Successor Agency’s real estate winddown activities, staff’s plan is to consolidate several actions at the annual County-wide Oversight Board meeting next month. In addition to requesting for Successor Agency, City, Oversight Board, and DOF consideration of this public use transfer, staff is also proposing to request consideration of the disposition of the three remaining assets listed in the LRPMP, but with different disposition approaches. Currently the LRPMP directs the Successor Agency to sell these properties to a third-party entity and distribute the proceeds to the taxing entities. However, staff believes that it is in the City’s best interest to retain these three properties through a purchase from the Successor Agency because: 1) they have potential future uses for the City; 2) the City, as a taxing entity, will receive back about fifty-percent of the sale price, making the acquisitions extremely costeffective; and 3) this disposition course will expedite the process, as well as the Oversight Board’s and DOF’s review of the proposed actions related to the Broderick Boat Ramp. Staff suspects that the Oversight Board and DOF may be more willing to approve a public use transfer if it is accompanied by other actions that have positive fiscal implications for the other taxing entities.
City Council Resolution 23-85 appropriates $260,000 from the Measure E Fee fund (Attachment 4) and $1,050,000 from the Housing Trust Fund for the property acquisitions. Per the Surplus Land Act, City staff will return to the City Council for adoption of resolution declaring the parcels as either surplus land or exempt surplus land.
Environmental Considerations
The proposed transfer of the Broderick Boat Ramp is exempt from CEQA pursuant to the Categorical Exemptions under California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), Sections 1044
Joint SA/City Council Resolutions Related to the Long-Range Property Management Plan December 6, 2023
15301(existing facilities). This transfer will permit the City to invest in minor alterations and upgrades to the existing facility and to prefect the City’s State Lands Commission lease (PRC-4798).
The proposed acquisition by the City form the Successor Agency of 485 Lighthouse Dr. and 2400 and 2600 west Capitol Ave. is exempt from CEQA analysis under the Class 32 Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15332 (infill development). These actions will permit the City the potential to construct future minor roadway improvements along Lighthouse Drive and to construct affordable housing projects along West Capitol Avenue.
Commission Recommendation
Not Applicable.
Strategic Plan Integration
This item effectuates past City Council priority policy agenda items, including “Post-Redevelopment Asset Protection.
Alternatives
Alternatives to the recommended actions for the City Council and Successor Agency include:
1. Decline to approve all recommended actions;
2. Delay all recommended actions to a later date; or
3. Approve actions related only to the Broaderick Boat Ramp properties.
These alternatives are not recommended as the Oversight Board only meets once per year, in January, and actions must be taken related to the Broderick Boat Ramp properties now in order to preserve the recreation amenity for the community. Considering the other proposed property actions at the same, will not only streamline the process for the City, Successor Agency and Oversight Board, but it increases the likelihood that the Successor Agency and DOF will support and approve the actions.
Coordination and Review
This report was prepared by the Economic Development and Housing Department and in coordination with Capital Projects Department, Finance Department, and Planning Division of the Community Development Department.
Budget/Cost Impact
For the Broderick Boat Ramp parcels, staff will be seeking the Oversight Board’s and DOF’s approval of a public use transfer. Per Section 34181 of the Health and Safety Code, a public use transfer is the transfer of ownership from the Successor Agency to the City, subject to the approval of the Successor Agency and City, the Oversight Board, and DOF, for assets that were constructed or used for a governmental purpose (prior to 2012) including parks. Under this disposition approach, no compensation is owed to the taxing entities as defined by Section 34171 of the Health and Safety Code (the City is one of the several taxing entities that had their property taxes diverted to the former Redevelopment Agency).
For 485 Lighthouse Dr. and 2400 and 2600 West Capitol Ave., staff will be seeking the Oversight Board’s and DOF’s approval of the City’s acquisition of these properties with a purchase price based on appraised fair market value. The appraisals were completed in November 2023. The total cost impact for acquiring these three properties is $1,310,000. However, the net cost impact to the City is about half of that figure. Per Section 34171 of the Health and Safety Code, the City is one of the several taxing entities that had their property taxes diverted to the former Redevelopment Agency and as such, will receive back about fifty percent of the sale price.
Staff is proposing the use of $260,000 in Measure E (road) funds to purchase the parcel at 485 Lighthouse Drive, as that parcel will potentially be used for a future traffic safety improvement project. The parcels at 2400 and 2600 West Capitol Avenue are proposed for future affordable housing projects, and as such, are recommended to be funded using Housing Trust Funds which are eligible for this purpose. If the parcels are not ultimately used for affordable housing projects, the Housing Trust Fund will be required to be reimbursed by another eligible City funding source depending on the ultimate determined use of the parcels. If a reimbursement is necessary, Council will be asked to consider a resolution appropriating funds from another source at that time. There are sufficient funds in both the Measure E fund and the Housing Trust Fund for the purchase of these properties.
ATTACHMENTS
1045
Joint SA/City Council Resolutions Related to the Long-Range Property Management Plan December 6, 2023
1. Joint Resolution 23-90
2. Joint Resolution 23-79
3. Resolution 23-85
4. Measure E Analysis
1046
Attachment 1
RESOLUTION 23-90
A JOINT RESOLUTION OF THE CITY OF WEST SACRAMENTO AND THE WEST
SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY DELEGATING AUTHORITY TO
THE CITY MANAGER AND THE EXECUTIVE DIRECTOR TO TAKE ANY AND ALL
ACTIONS NECESSARY TO COMPLETE A PUBLIC USE TRANSFER OF THE BRODERICK BOAT RAMP LOCATED AT 103 4TH STREET, APNS 010-102-008, 010-103-001 TO -002, AND 010-493-001 TO -002
WHEREAS, Health and Safety Code section 34177(h) directs that the City of West Sacramento as the Successor Agency ("Successor Agency") wind down the affairs of the former Agency; and
WHEREAS, the Successor Agency is the owner of the Broderick Boat Ramp parcels located at 103 4th street, APNs 010-102-008, 010-103-001 to -002, and 010-493-001 to -002 (“Properties”) as shown on Exhibit A; and
WHEREAS, on October 10, 2013, the Oversight Board adopted OB Resolution 13-15 approving the Long-Range Property Management Plan (LRPMP) and the dispositions recommendation contained therein which included the sale of the Properties to the City; and WHEREAS, on May 16, 2014, the Department of Finance (DOF) approved the Successor Agency’s LRPMP allowing the Successor Agency, as directed by its Oversight Board, to dispose of its assets; and
WHEREAS, on May 8, 2014, the Oversight Board adopted OB Resolution 14-2 approving changes to the disposition of the LRPMP recommendations and amending the adopted LRPMP; and
WHEREAS, on March 20, 2015, DOF approved the changes to the LRPMP recommendations amending the adopted LRPMP; and
WHEREAS, the City and the Successor Agency desire to make changes to the adopted LRPMP to facilitate a public use transfer of the Properties from the Successor Agency to the City; and
WHEREAS, the City and the Successor Agency certify that the Properties are an existing public recreation facility that was in public service and being continuously publicly maintained by the City since the City incorporated in 1987; and WHEREAS, the City and the Successor Agency certify that the Properties were accidently omitted from the approved LRPMP due to an error in Yolo County’s tax records; and NOW, THEREFORE, BE IT RESOLVED that the City of West Sacramento delegates authority to the City Manager to take and all actions necessary to complete a public use transfer 1047
Attachment 1
of the Properties from the Successor Agency to the City, including but not limited to accepting fee title to the Properties; and
NOW, THEREFORE, BE IT RESOLVED, that the Successor Agency delegates authority to the Executive Director to take and all actions necessary to complete a public use transfer of the Properties from the Successor Agency to the City, including but not limited to the authority to execute a grant deed transferring fee title to the Properties to the City and to update and transmit to its Oversight Board an updated Executive Summary of the LRPMP for the Properties.
PASSED AND ADOPTED by the City of West Sacramento and the West Sacramento Redevelopment Successor Agency on this 6th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
1048
Attachment 1
1049
Attachment 2
RESOLUTION 23-79
A JOINT RESOLUTION 23-79 OF THE CITY COUNCIL AND SUCCESSOR AGENCY
DELEGATING AUTHORITY TO THE EXECUTIVE DIRECTOR AND CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO COMPLETE THE CITY’S ACQUISITION OF THREE SUCCESSOR AGENCY OWNED PROPERTIES LOCATED AT 485 LIGHTHOUSE DR, APN 010-523-037, 2400 WEST CAPITOL AVE., APN 008-441-007, AND 2600 WEST CAPITOL AVE., APN 008-450-016
WHEREAS, Health and Safety Code section 34177(h) directs that the City of West Sacramento as the Successor Agency ("Successor Agency") wind down the affairs of the former Agency; and
WHEREAS, the Successor Agency is the owner of properties located at 485 Lighthouse Dr, APN 010-523-037, 2400 West Capitol Ave., APN 008-441-007, and 2600 West Capitol Ave., APN 008-450-016 (“Properties”) as shown on Exhibit A; and WHEREAS, on October 10, 2013, the Oversight Board adopted OB Resolution 13-15 approving the Long-Range Property Management Plan (LRPMP) and the dispositions recommendation contained therein which included the sale of the Properties to the City; and WHEREAS, on May 16, 2014, the Department of Finance (DOF) approved the Successor Agency’s LRPMP allowing the Successor Agency, as directed by its Oversight Board, to dispose of its assets; and
WHEREAS, on May 8, 2014, the Oversight Board adopted OB Resolution 14-2 approving changes to the disposition of the LRPMP recommendations and amending the adopted LRPMP; and
WHEREAS, on March 20, 2015, DOF approved the changes to the LRPMP recommendations amending the adopted LRPMP; and
WHEREAS, the City and the Successor Agency desire to make changes to the adopted LRPMP to facilitate the City’s retention of the Properties from the Successor Agency through a sale of the Properties to the City at fair market value; and WHEREAS, the City has determined that 485 Lighthouse Dr should be retained for a future roadway improvement along Lighthouse Dr; and
WHEREAS, the City has determined that 2400 and 2600 West Capitol Ave should be retained for future affordable and/or market-rate housing projects; and WHEREAS, the City has prepared fair market value appraisals for the Properties based on the current zoning and highest and best use principles.
NOW, THEREFORE, BE IT RESOLVED that the City of West Sacramento delegates authority to the City Manager to take any and all actions necessary to complete the purchase of the Properties from the Successor Agency, including but not to:
1050
A. Prepare and offer to purchase the Properties at the appraised fair market value as shown in Exhibit B; and
B. Conduct due diligence on the Properties; and
C. Execute purchase and sale agreements for the Properties, subject to the Approval of the City Attorney; and
D. Accept the Properties.
NOW, THEREFORE, BE IT RESOLVED, that the Successor Agency delegates authority to the Executive Director to take and all actions necessary to complete the sale of the Properties to the City, including but not limited to the following:
A. Accept an offer from the City based on appraised fair market value for the Properties
B. Execute purchase and sale agreements for the Properties, subject to the approval of the City Attorney; and
C. Update and transmit to the Successor Agency’s Oversight Board an updated Executive Summary of the LRPMP for the Properties facilitating the City’s retention of the Properties.
PASSED AND ADOPTED by the City of West Sacramento and the West Sacramento Redevelopment Successor Agency on this 6th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
1051
Exhibit A
1052
Exhibit B
Address APNs Acres Zoning
Appraised
Fair Market
Value
2013
LRPMP
Status
Existing or
Proposed
Government
Use
2023
Recommended
Process
485
Lighthouse
Drive
010-
523-037 0.4 R-2 $ 260,000
Sell and
Distribute
proceeds
to taxing
entities
Future 6th
Street,
Cummins
Way and
Lighthouse
Dr
connection
Update LRPMP
as needed;
Retain for future
use through
sale of the
property to the
City
2400 West
Capitol
Ave.
008-
441-007 0.6 MU-C $ 550,000
Sell and
Distribute
proceeds
to taxing
entities
Future
Affordable
and/or
Market Rate
Housing
Update LRPMP
if needed;
Retain for future
use through
sale of the
property to the
City
2600 West
Capitol
Ave.
008-
450-016 0.54 MU-C $ 500,000
Sell and
Distribute
proceeds
to taxing
entities
Future
Affordable
and/or
Market Rate
Housing
Update LRPMP
if needed;
Retain for future
use through
sale of the
property to the
City
1053
Attachment 3
RESOLUTION 23-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
APPROVING AN AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE LONG-RANGE PROPERTY MANAGEMENT PLAN (CIP 52038) FOR FISCAL YEAR 2023-2024
WHEREAS, the City Council adopted a $1,700,000 budget for the implementation of the Long-Range Property Management Plan (CIP 52038) to fund the City’s acquisition of real property interest from the West Sacramento Redevelopment Success Agency in Fiscal Year 2018/2019; and
WHEREAS, the City Council reduced that budget amount by $900,000 in Fiscal Year 2019/2020; and
WHEREAS, the City Council and the Successor Agency have adopted Joint Resolution 23-79 delegating authority to the Executive Director and City Manager to take any and all actions necessary to complete the City’s acquisition of three Successor Agency owned properties located at 485 Lighthouse Dr, APN 010-523-037, 2400 West Capitol Ave., APN 008- 441-007, and 2600 West Capitol Ave., APN 008-450-016; and WHEREAS, the City with the adoption of Joint Resolution 23-79 has determined that 485 Lighthouse Dr should be purchased and retained by the City for a future roadway improvement along Lighthouse Dr; and
WHEREAS, the City, with the adoption of Joint Resolution 23-79 has determined that 2400 and 2600 West Capitol Ave should be purchased and retained by the City for future affordable and/or market-rate housing projects; and
WHEREAS, staff is proposing the use of Housing Trust Funds to purchase the properties at 2400 and 2600 West Capitol Avenue, as those properties are proposed to be used for future affordable housing projects. If the parcels are not ultimately used for this purpose, the Housing Trust Fund will be reimbursed by an appropriate City funding source; and WHEREAS, staff is proposing the use of Measure E funds for the purchase of the parcel located at 485 Lighthouse Drive; and
WHEREAS, there are sufficient available funds in both sources to fund the purchase of the properties as recommended by staff; and
WHEREAS, the City has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. The City Council hereby approves amendments to the Capital Improvement Program (CIP) for the 2023-2024 fiscal year as provided in the as listed below.
SOURCES
$260,000 110-0000-3085 Measure E Fund
$1,050,000 261-0000-3060 Housing Trust Fund
$260,000 400-9900-4990/400-52038-4990 Tsfr in from TIF
$1,050,00 400-9900-4990/400-52038-4990 Tsfr in from Housing Trust 1054
Resolution 23-85
$1,310,00 Total Sources
USES
$1,310,000 400-9900-5530/400-52038-5800 Project Budget
$260,000 110-9211-5950 Transfer to Project
$1,050,000 261-9385-5950 Transfer to Project
$1,310,000 Total Uses
*Note – Interfund transfers in grey are not included in totals to avoid duplication of costs
2. If the parcels at 2400 and 2600 West Capital Avenue are not ultimately used for affordable housing projects eligible for use of Housing Trust Funds, the Housing Trust Fund will be reimbursed the amount used to purchase the properties by funding source(s) appropriate for the ultimate use of the parcels.
3. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the West Sacramento City Council this 6th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
1055
Measure E Analysis
Project Description
This requested expenditure will fund an opportunistic real property acquisition to purchase the parcel at 485 Lighthouse Drive, as that parcel will potentially be used for a future traffic safety improvement project. On November 1, 2023, the City Council approved a professional services contract with PSOMA for engineering services Approve a professional services contract for engineering services with Psomas for a Feasibility Study and Engineering Design for traffic calming measures for the 6th Street and Cummins Way Traffic Safety Project (CIP 12023).
PSOMAS’ scope of work includes a feasibility study of implementing traffic calming and mitigation strategies for the intersection. The proposed improvements may include the installation of a traffic circle, dead-end cul-de-sac, lane channelizers, speed bumps, and extending Cummins Way to Lighthouse Drive.
Policy Context
Although the Successor Agency’s disposition of the parcel effectuates past City Council priority policy agenda items, including “Post-Redevelopment Asset Protection,” the acquisition of the property for the proposed roadway improvement is item is not on any Council Strategic. The use of Measure E for the proposed acquisition is consistent with previous City Council actions related to the proposed future traffic safety improvements. For example, the City Council approved an initial allocation of $125,000 in CIP 12023 in Fiscal Year 2022/2023 and most recently, the adoption of Resolution 23-84 on November 1, 2023, which allocated an additional $71,364 from Measure to CIP 12023.
Supplementary Funds
None identified.
Staff Costs
The proposed Measure E expenditure will not be used to cover any City staff costs. The funds will only be used to cover the acquisition costs of 485 Lighthouse Drive. Per Section 34171 of the Health and Safety Code, the City is one of the several taxing entities that had their property taxes diverted to the former Redevelopment Agency and as such, Measure E will receive back about fifty percent of the requested funds.
Desired Outcome
The proposed Measure E expenditure is expected to mitigate a roadway safety issue. The intersection of 6th Street and Cummins Way has experienced multiple instances of vehicles exceeding the posted speed limit along Cummins Way and crashing into properties located in or near that intersection. Because of the crashes and the response to the City from the affected properties, City staff has engaged with the neighborhood to assess the implementation of traffic calming measures. As a result, the City implemented preliminary measures including the installation of all-way stop signs, speed feedback signs, and advance warning signs at the intersection. Additional shoulder striping will be done on Cummins Way between 8th Street and 6th Street. One residential property has been crashed into multiple times by vehicles. That property owner had requested that the City take measures to protect their home. On May 19, 2023, the City entered into an agreement with the property owner to reimburse them for the construction of landscaping or other physical barriers to prevent and mitigate future damage. The desired outcome is a comprehensive strategy to address this ongoing issue, which potentially includes extending Cummins Way to Lighthouse Drive.
Theory of Change
The proposal acquisition is being proposed prior to the completion of the Feasibility Study and Engineering Design to facilitate a larger strategy related to the Successor Agency’s completion of their real estate winddown activities. Staff is recommending a plan to the City Council that will 1056
consolidate several actions at the annual County-wide Oversight Board in January 2024, which includes the acquisition of 485 Lighthouse Drive that may be needed for a future traffic safety improvement project.
If this future traffic improvement project is installed the unsafe conditions will be mitigated and City’s resources that would be consumed by responding to future traffic incidents at this location will be saved.
Acquisition Budget
Total cost for the acquisition of the 485 Lighthouse Drive is as follows:
Source Amount
One-Time Measure E Funds $260,000
Total $260,000
Performance Metrics
Upon the installation of the final traffic improvement capital project, staff will be able to demonstrate effectiveness by the reduction of the traffic incidents at the intersection of 6th St and Cummins Way.
1057
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 6, 2023 ITEM # 17
SUBJECT:
CONSIDERATION OF FIRST READING OF ORDINANCE 24-1 REGARDING PROPOSED AMENDMENTS TO TITLE 17 (ZONING) OF THE MUNICIPAL CODE
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Daniel Berumen, Senior Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this item is to facilitate the City Council’s consideration of Ordinance 24-1 regarding proposed amendments to Title 17 (Zoning) of the Municipal Code.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council consider a first reading and read by title and number only, Ordinance 24-1, amending Title 17 (Zoning) of the Municipal Code regarding: Chapter 17.09–Short Term Rentals in Commercial and Mixed-Use Zones; Table 17.09.020–Common Open Space Standards for Multifamily Residential Chapter 17.30.210–Solar Energy Systems; Chapter 17.22.050–Encroachments into Required Setbacks; Chapter 17.22.130–Screening; Table 17.09.020–Commercial and Mixed-Use Zones; Chapter
17.26.050–Non-conforming site improvements; Chapter 17.42.070–Reasonable Accommodations Conditions of Approval; Chapter 17.22.060–Fences, Walls, and Hedges (2) Non-Residential Zones for Electric Fences (b) All Other Required Setback Areas; Chapter 17.35.130–Zoning Administrator and Director Appeals; Chapter 17.51– Definition of Food and Beverage Sales; Chapter 17.51– Definition of Front Yard; Chapter 17.51 and 17.08.040– Emergency Backup Generators; and Chapter 17.38–Interim Uses; and
BACKGROUND
Title 17 (Zoning) of the Municipal Code requires regular updates to keep up with ongoing changes in the City.
Certain regulations in the Municipal Code are no longer applicable, require updating due to changes in state law or to implement City policies and programs, or require process improvements.
Staff presented amendments to Title 17 (Zoning) of the Municipal Code on Thursday, November 2, 2023, at a regularly scheduled public hearing with the Planning Commission. The commission provided feedback to staff to make corrections on language in the report to reflect the amended sections more accurately. The Planning Commission voted to unanimously approve resolution 23-3PC (Attachment 1) and recommended that the City Council adopt Ordinance 24-1 (Attachment 2).
A list of the proposed sections to amend in Title 17 (Zoning) of the Municipal Code are provided below.
1. Chapter 17.09 – Short Term Rentals in Commercial and Mixed-Use Zones.
2. Table 17.09.020 – Common Open Space Standards for Multifamily Residential
3. Chapter 17.30.210 – Solar Energy Systems
4. Chapter 17.22.050 – Encroachments into Required Setbacks
5. Chapter 17.22.130 – Screening
6. Table 17.09.020 – Commercial and Mixed-Use Zones
7. Chapter 17.26.050 – Non-conforming site improvements
8. Chapter 17.42.070 – Reasonable Accommodations Conditions of Approval
9. Chapter 17.22.060 – Fences, Walls, and Hedges (2) Non-Residential Zones for Electric Fences
10. Chapter 17.35.130 – Zoning Administrator and Director Appeals.
11. Chapter 17.51 – Definition of Food and Beverage Sales
12. Chapter 17.51 – Definition of Front Yard
13. Chapter 17.51 and 17.08.040 – Emergency Backup Generators
14. Chapter 17.38 – Interim Uses
1058
Zoning Code Amendments
December 6, 2023
ANALYSIS
Staff’s proposed changes to the Municipal Code are summarized below. Bold/underline text reflects proposed additions to the existing code, while language proposed for deletion is noted in strikeout text. A summary of the provided change is also noted.
1. Table 17.09.020 – Short-Term Rentals in Commercial and Mixed-Use Zones.
TABLE 17.09.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED USE ZONES “P” = Permitted use
“M” = Minor Use Permit
required
“C” = Conditional Use Permit required
“-” Use not allowed
Use Classification CBD C CH MU-NC MU-C WF
Additional
Regulations
Commercial Uses
Short-Term Rental P P - P P P
Summary: The amendment is to make it clear that short-term rentals (e.g., Airbnb) are not only permitted in residential zones by-right (currently permitted in all residential zones) but are also intended to be allowed by-right in most mixed-use zones (except for Commercial Highway) based on the commercial nature of these uses.
2. Common Open Space Standards in Commercial and Mixed-Use Zones.
TABLE 17.09.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED USE ZONES Open Space Standards
Minimum Open Space
(square feet per
residential unit)
Total/unit: 150
Private: minimum 50 sf for 50% of units
Common: minimum 100 75 sf/unit
See §17.22.090,
Open Space
Summary: The change is intended to allow more flexibility with the use of common open space since 100 square feet is has been seen as an obstacle to implement in recent mixed-use projects.
The common open space requirement has been a barrier for higher density infill projects to meet since those projects typically are built on smaller lots with reduced to zero setbacks. In Staff’s experience, projects have had to either provide lots of costly rooftop terraces or reduce the number of dwelling units and building size to meet the open space requirement. To get more affordable and efficient high-density housing in the city’s urban areas it is recommended this common open space requirement be reduced and the total open space requirement be reduced accordingly to 100sf total. Staff recommends 75sf/unit of minimum open space to allow a more reasonable regulation for compliance.
3. Chapter 17.30.210 – Solar Energy Systems.
C. Solar Energy Systems shall be an accessory use in residential zones.
Summary: The amendment is to clarify that solar energy projects should be subordinate to other allowable uses in residential zoned parcels. Solar energy systems not intended to be a primary or stand-alone use e.g., a solar farm.
4. 17.22.050 Encroachments into Required Setbacks.
TABLE 17.22.050: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS Projection
Front or
Street
Side Yard
Interior
Side Yard
Rear
Yard Limitations
All projections No projection may extend closer than 3 feet to an interior lot line or into a public utility easement. Where any allowance of this title conflicts with applicable building codes, the more restrictive shall apply.
1059
Zoning Code Amendments
December 6, 2023
TABLE 17.22.050: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS Projection
Front or
Street
Side Yard
Interior
Side Yard
Rear
Yard Limitations
Cornices, canopies,
eaves, and similar
architectural features
Chimneys
Bay windows
3 feet 3 feet 3 feet
Fire escapes required by
law or public agency
regulation
4.5 feet 3 feet 4.5 feet
Uncovered stairs, ramps, stoops, landings, decks, porches, balconies, and platforms All elements 3 feet or
less above ground
elevation
6 feet 3 feet 6 feet
All elements more than
3 feet above ground
elevation
4.5 feet 3 feet 4.5 feet
Covered porches and
patios
May not
encroach
May not
encroach
10 feet Must be unenclosed on 3
sides except for required
vertical supports, insect
screening, and kickboards
not exceeding 1 foot in
height measured from
ground level measured at
the post. Patio
projections shall be no
closer than 10 feet to the
rear property line.
Ramps and similar
structures that provide
access for persons with
disabilities
Reasonable accommodation will be made, consistent with the provisions of Chapter 17.42, Reasonable Accommodation.
Summary: The amendment language is to clarify that the measurements given in the table are the measurement of the setback. Currently, it can be interpreted that an accessory structure can encroach 10 feet into the setback with the covered patio rather than it being 10 feet at the post keeping a clearance from the rear property line.
5. Chapter 17.22.130 Screening
E. Types of screening material should be consistent with the style of the building. Plastic tarps are not permitted as screening material.
Summary: The amendment is intended to promote screening materials be of a consistent aesthetic quality to avoid unappealing materials being used. Screening materials shall not be of a material that obstructs significant visibility e.g., solid-color tarps.
6. Table 17.09.020 Commercial and Mixed-Use Zones.
(3) Permitted on upper stories and in the rear of the site where nonresidential space with a minimum depth of 45 feet is provided along the majority of street frontage. Street fronting residential (more than 50%) and residential-only development is allowed subject to Conditional Use Permit approval. Live/work units along the ground floor may be counted towards the commercial requirement.
Summary: The amendment language is to make it clear that residential is allowed to be added on the first floor of non-residentially zoned areas. It is also intended to include live/work units as being able to be counted towards fulfilling the obligations of commercial space on the ground floor. 1060 Zoning Code Amendments
December 6, 2023
7. Chapter 17.26.050 Non-conforming site improvements
(B) 20% or greater increase in floor area:
3. Provision of recycling areas in accordance with Section 17.22.120, Refuse and Recycling Areas
Summary: The amendment is intended to capture tenant improvements changes of 20% or greater in use to provide adequate waste management commensurate with the increase floor area addition. Currently, the threshold for this to be done is 30% or greater in floor; the amendment is intended to lower the threshold to require uses to provide sufficient disposal of garbage, organic waste, and recycling.
8. Chapter 17.42.070 Conditions of Approval (Reasonable Accommodations).
In granting a request for Reasonable Accommodation, the Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation that was requested no longer resides on the property which shall be recorded in the form of a deed restriction on the property.
Summary: This amendment is intended to clarify that a reasonable accommodation improvement should be removed, where reasonable, and should have a deed restriction recorded noting this requirement. For situations where future removal of the improvements will be required, the applicant will be put on notice, through conditions of approval and a recorded deed restriction, of applicant’s obligation to remove the improvements at the applicant’s cost once the accommodation is no longer necessary.
9. 17.22.060 Fences, Walls, and Hedges (2) Non-Residential Zones for Electric Fences (b) All Other Required Setback Areas.
(i) Exceptions.
Pursuant to §15.11.130 of the Municipal Code, electric fences must be at least 8-feet in height. This height exception only applies to zones where electric fences are permitted either conditionally or by-right under §15.11.130.
Summary: Title 15 (Buildings and Construction) mandates that electrified fences be a minimum of 8 feet in height while Title 17 states that the height of fences, walls, and hedges may not exceed 7 feet in non-residential zones. This is a conflict. The exception is added to ensure that both Title 15 (Buildings and Construction) and Title 17 (Zoning) of the Municipal Code are in alignment when regulating the height of electrified fences.
Note: Considering the conflicts within the Municipal Code for electric fences, properties proposing electric fences where adjacent properties are zoned appropriately for electric fences will be allowed to install an electric fence without regard to side and rear yard landscaping improvements under the premise of public safety.
10. 17.35.130 Appeals (A) (Appeal Body) (Planning Commission).
The Planning Commission is the final appeal body for decisions of the Zoning Administrator and Director unless a member of the City Council or City Manager requests the appeal be taken for review by the City Council.
Summary: The amendment is intended to clarify the final hearing body for appeals of actions determined by the Zoning Administrator and Community Development Director. The option for the City Council to be the final hearing body is left at the discretion of any current member of the City Council and/or the City Manager.
11. Food and Beverage Sales (Chapter 17.51 List of Terms and Definitions).
Definition: Retail sales of food and beverages primarily for off-site preparation and consumption.
Typical uses include food markets, groceries, liquor stores, meat markets and butcher shops, and retail bakeries.
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Zoning Code Amendments
December 6, 2023
Summary: Liquor stores should be removed from the food and beverage sales definition because liquor sales are a separate land/ retail use.
12. Front Yard (Chapter 17.51 List of Terms and Definitions).
Definition: Front Yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this Code for the zone in which it is located from the nearest line or point of the main building foundation and measured inward from the front lot line.
Summary: The cleanup is to effectuate the determination of the Community Development Director to clarify that the front yard is not solely determined by the front yard setback but rather the nearest line from the main building foundation. This is intended to specifically make clear that the calculation of front yard paving in residential zones requires no more than 50% of the front yard be paved (17.08.040.A).
13. Emergency Standby Generator (Chapter 17.51 List of Terms and Definitions).
Definition: An emergency standby generator means a stationary generator used for the generation of electricity that is used in the event of a failure of the regular power supply.
Chapter 17.08.040 Supplemental Regulations.
E. Emergency Standby Generator. An emergency standby generator shall not be located within any required setback adjacent to a public street, or within three feet of an interior side or rear property line, or within 10 feet of the living area of any dwelling unit on an adjacent parcel.
Summary: This proposed definition is intended to describe an accessory structure that is increasingly more common in residential zones. The amendment to Chapter 17.08.40 (Supplemental Regulations) is intended to regulate the placement of emergency generators in residential zones. The placement of emergency generators shall follow the similar guidelines to other accessory structures like swimming pool and spa filter, heating, and maintenance equipment, for example. Based on feedback from the commission, staff is proposing that generators be located at least 10 feet away of the living area of any adjacent dwelling unit.
Emergency standby generators are considered an accessory structure and thus subject to a zerolot line agreement if adjacent properties agree to a reduced setback.
14. Interim Uses (Chapter 17.38 Use Permits)
17.38.010 Purpose: An interim use is defined as a zoning mechanism that allows a property owner to use their land for a limited period for a land use not otherwise permitted by the underlying zoning. According to section 17.38.060, required findings must be made to allow for use to be permitted on the subject site with the exception item A. The City shall have complete discretion over the types of uses proposed to be allowed on a subject site and may impose conditions of approval to regulate dates, hours of operation, etc. on the subject site. Interim uses shall only be permitted in Commercial and Mixed-Use and Employment Zoning Districts.
17.38.050 Public Notice and Hearing (C): All applications for Interim Uses shall require public notice and hearing before the Planning Commission pursuant to Chapter 17.35, Common Procedures.
17.38.080 Appeals, Expiration, Extensions and Revisions (C):
The length of time for the interim use shall be determined by the Planning Division with approval by the Planning Commission. The length of time of interim use shall be no more than 5 years. Upon completion of the interim use period, the use shall cease operation and the site in which the interim use was operating shall be returned to its original condition.
If additional time is needed, an interim use extension shall require a new public hearing with the Planning Commission. Only one extension may be granted per use.
Summary: In addition to the proposed amendments to Title 17 of the Municipal Code, staff is proposing amendments to Chapter 17.38 (Use Permits) to include interim uses on parcels that have development challenges due to their location, size, etc. Interim uses should be limited in zones where commercial uses take place which is why they are proposed to only be allowed in 1062
Zoning Code Amendments
December 6, 2023
non-residential zones (Commercial/Mixed-Use and Employment Zones). The process to obtain an interim use shall follow the same requirements of a Conditional Use Permit. Findings must be met to ensure the use is compatible and will not hinder that long-term vision of the area. This action is consistent with General Plan Economic Development Goal ED-2.12 (Revitalization) which states that the City shall continue to encourage the revitalization and reuse of aging and underperforming commercial and industrials areas to eliminate blight and provide new economic opportunities.
Environmental Considerations
This project is exempt from CEQA review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15321 (Enforcement Actions by Regulatory Agencies) CEQA exemption of the CEQA Guidelines Commission Recommendation
This item was presented to the Planning Commission at a Public Hearing on November 2, 2023. The Planning Commission unanimously approved staff’s recommendation.
Strategic Plan Integration
This project advances the 2023 Policy Agenda Goals, West Sacramento: Equitable Investment Strategy/ Programs and Core Services/Operations Functions Growth & Funding.
Alternatives
1. Consider a first reading and read by title and number only, Ordinance 24-1, amending Title 17 (Zoning) of the Municipal Code regarding: Chapter 17.09–Short Term Rentals in Commercial and Mixed-Use Zones; Table 17.09.020–Common Open Space Standards for Multifamily Residential Chapter
17.30.210–Solar Energy Systems; Chapter 17.22.050–Encroachments into Required Setbacks; Chapter
17.22.130–Screening; Table 17.09.020–Commercial and Mixed-Use Zones; Chapter 17.26.050–Nonconforming site improvements; Chapter 17.42.070–Reasonable Accommodations Conditions of Approval; Chapter 17.22.060–Fences, Walls, and Hedges (2) Non-Residential Zones for Electric Fences; Chapter 17.35.130–Zoning Administrator and Director Appeals; Chapter 17.51–Definition of Food and Beverage Sales; Chapter 17.51– Definition of Front Yard; Chapter 17.51 and 17.08.040–Emergency Backup Generators; and Chapter 17.38–Interim Uses.
2. Find that the requested changes are not appropriate revisions of the Zoning Code and defer consideration of Ordinance 24-1 at this time.
3. Continue the item to a future date and request additional information be provided at that time.
Alternative 1 is staff’s recommendation. Staff is prepared to effectuate Alternatives 2 or 3 at the Council’s direction.
Coordination and Review
The project was coordinated with staff from the City Attorney’s Office and the Community Development Department.
Budget/Cost Impact
There is no specific budget/cost impact to the City for this proposed action.
ATTACHMENTS
1. Planning Commission Resolution 23-3PC
2. DRAFT Ordinance 24-1
1063
RESOLUTION 23-3PC
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF WEST SACRAMENTO
RECOMMENDING APPROVAL OF PROPOSED CHANGES
TO TITLE 17 (ZONING)
OF THE MUNICIPAL CODE OF THE CITY OF WEST SACRAMENTO
WHEREAS, the City of West Sacramento desires to promote and protect the public health, safety, comfort, convenience, and general welfare; to provide a plan for sound and orderly development, and to ensure social and economic stability through adoption of a Zoning Code; and
WHEREAS, the proposed revisions to amend Title 17 (Zoning) of the Municipal Code include: Chapter 17.09–Short Term Rentals in Commercial and Mixed-Use Zones; Table
17.09.020–Common Open Space Standards for Multifamily Residential Chapter 17.30.210– Solar Energy Systems; Chapter 17.22.050–Encroachments into Required Setbacks; Chapter
17.22.130–Screening; Table 17.09.020–Commercial and Mixed-Use Zones; Chapter
17.26.050–Non-conforming site improvements; Chapter 17.42.070–Reasonable Accommodations Conditions of Approval; Chapter 17.22.060–Fences, Walls, and Hedges (2) Non-Residential Zones for Electric Fences; Chapter 17.35.130–Zoning Administrator and Director Appeals; Chapter 17.51–Definition of Food and Beverage Sales; Chapter 17.51– Definition of Front Yard; Chapter 17.51 and 17.08.040–Emergency Backup Generators; and Chapter 17.38–Interim Uses.
WHEREAS, the proposed changes to Title 17 are exempt from CEQA review pursuant to §15305 (Minor Alterations in Land Use Limitations) and Class 21 (Enforcement Actions by Regulatory Agencies) CEQA exemption of the CEQA Guidelines; and WHEREAS, at a duly noticed public hearing on November 2, 2023, the Planning Commission considered public comments as part of a duly noticed public hearing; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission recommends that the City Council take the following action:
1. Find that the project is exempt from California Environmental Quality Act (CEQA) review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15321 (Enforcement Actions by Regulatory Agencies) CEQA exemption of the CEQA Guidelines; and
2. That the City Council adopt the proposed amendments to Title 17 of the Municipal Code as recommended by the Planning Commission.
PASSED AND ADOPTED by the Planning Commission of the City of West Sacramento this 2nd day of November 2023, by the following vote:
AYES: Delgado, Olivarez, Andersen, Wong, Sablan
NOES: None
ABSTAIN: None
ABSENT: Linker, Squires, Jackson
_____
Teresita Sablan,
Planning Commission Chairperson
ATTEST:
David W. Tilley, Secretary
DocuSign Envelope ID: D0C63B01-1988-4F80-B5C3-C8F0163B6D59 1064
Attachment 2
ORDINANCE 24-1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST SACRAMENTO
AMENDING TITLE 17 OF THE
WEST SACRAMENTO MUNICIPAL CODE
The City Council of the City of West Sacramento does ordain as follows:
Section 1. Purpose and Authority. The purpose of the Ordinance is to make amendments to Title 17 (Zoning) including the following: This item is a public hearing regarding proposed amendments to Title 17 (Zoning) of the Municipal Code. The proposed sections to be amended in the Zoning Code are as follows: Chapter 17.09– Short Term Rentals in Commercial and Mixed-Use Zones; Table 17.09.020–Common Open Space Standards for Multifamily Residential Chapter 17.30.210–Solar Energy Systems; Chapter 17.22.050–Encroachments into Required Setbacks; Chapter 17.22.130–Screening; Table 17.09.020–Commercial and Mixed-Use Zones; Chapter 17.26.050–Non-conforming site improvements; Chapter 17.42.070–Reasonable Accommodations Conditions of Approval; Chapter 17.22.060–Fences, Walls, and Hedges for Electric Fences (2)(b) All Other Required Setback Areas; Chapter 17.35.130–Zoning Administrator and Director Appeals; Chapter 17.51– Definition of Food and Beverage Sales; Chapter 17.51– Definition of Front Yard; Chapter 17.51 and
17.08.040–Emergency Backup Generators; and Chapter 17.38–Interim Uses.
Section 2. Amendments. The following sections of the West Sacramento Municipal Code are hereby amended to read as follows:
1. Chapter 17.09 – Short Term Rentals in Commercial and Mixed-Use Zones.
2. Table 17.09.020 – Common Open Space Standards for Multifamily Residential
3. Chapter 17.30.210 – Solar Energy Systems
4. Chapter 17.22.050 – Encroachments into Required Setbacks
5. Chapter 17.22.130 – Screening
6. Table 17.09.020 – Commercial and Mixed-Use Zones
7. Chapter 17.26.050 – Non-conforming site improvements
8. Chapter 17.42.070 – Reasonable Accommodations Conditions of Approval
9. Chapter 17.22.060 – Fences, Walls, and Hedges for Electric Fences (b) All Other Required Setback Areas
10. Chapter 17.35.130 – Zoning Administrator and Director Appeals.
11. Chapter 17.51 – Definition of Food and Beverage Sales
12. Chapter 17.51 – Definition of Front Yard
13. Chapter 17.51 and Chapter 17.08.040 – Emergency Backup Generators
14. Chapter 17.38 – Interim Uses
1. Table 17.09.020 – Short-Term Rentals in Commercial and Mixed-Use Zones.
TABLE 17.09.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED USE ZONES “P” = Permitted use
“M” = Minor Use Permit
required
“C” = Conditional Use Permit required
“-” Use not allowed
Use Classification CBD C CH MU-NC MU-C WF
Additional
Regulations
Commercial Uses
Short-Term Rental P P - P P P
2. Common Open Space Standards in Commercial and Mixed-Use Zones.
TABLE 17.09.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED USE ZONES Open Space Standards
Minimum Open Space
(square feet per
residential unit)
Total/unit: 150
Private: minimum 50 sf for 50% of units
See §17.22.090,
Open Space
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Ordinance 24-1
TABLE 17.09.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED USE ZONES Common: minimum 75 sf/unit
3. Chapter 17.30.210 – Solar Energy Systems.
C. Solar Energy Systems shall be an accessory use in residential zones.
4. 17.22.050 Encroachments into Required Setbacks.
TABLE 17.22.050: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS Projection
Front or
Street
Side Yard
Interior
Side Yard
Rear
Yard Limitations
All projections No projection may extend closer than 3 feet to an interior lot line or into a public utility easement. Where any allowance of this title conflicts with applicable building codes, the more restrictive shall apply.
Cornices, canopies,
eaves, and similar
architectural features
Chimneys
Bay windows
3 feet 3 feet 3 feet
Fire escapes required by
law or public agency
regulation
4.5 feet 3 feet 4.5 feet
Uncovered stairs, ramps, stoops, landings, decks, porches, balconies, and platforms All elements 3 feet or
less above ground
elevation
6 feet 3 feet 6 feet
All elements more than 3
feet above ground
elevation
4.5 feet 3 feet 4.5 feet
Covered porches and
patios
May not
encroach
May not
encroach
10 feet Must be unenclosed on 3
sides except for required
vertical supports, insect
screening, and kickboards
not exceeding 1 foot in
height measured from
ground level measured at
the post. Patio projections
shall be no closer than 10
feet to the rear property
line.
Ramps and similar
structures that provide
access for persons with
disabilities
Reasonable accommodation will be made, consistent with the provisions of Chapter 17.42, Reasonable Accommodation.
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Ordinance 24-1
5. Chapter 17.22.130 Screening
E. Types of screening material should be consistent with the style of the building. Plastic tarps are not permitted as screening material.
6. Table 17.09.020 Commercial and Mixed-Use Zones.
(3) Permitted on upper stories and in the rear of the site where nonresidential space with a minimum depth of 45 feet is provided along the majority of street frontage. Street fronting residential (more than 50%) and residential-only development is allowed subject to Conditional Use Permit approval. Live/work units along the ground floor may be counted towards the commercial requirement.
7. Chapter 17.26.050 Non-conforming site improvements
(B) 20% or greater increase in floor area:
3. Provision of recycling areas in accordance with Section 17.22.120, Refuse and Recycling Areas
8. Chapter 17.42.070 Conditions of Approval (Reasonable Accommodations).
In granting a request for Reasonable Accommodation, the Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation that was requested no longer resides on the property which shall be recorded in the form of a deed restriction on the property.
9. 17.22.060 Fences, Walls, and Hedges (2) Non-Residential Zones for Electric Fences (b) All Other Required Setback Areas.
(i) Exceptions.
Pursuant to §15.11.130 of the Municipal Code, electric fences must be at least 8-feet in height. This height exception only applies to zones where electric fences are permitted either conditionally or by-right under §15.11.130.
10. 17.35.130 Appeals (A)(Appeal Body)(Planning Commission).
The Planning Commission is the final appeal body for decisions of the Zoning Administrator and Director unless a member of the City Council or City Manager requests the appeal be taken for review by the City Council.
11. Food and Beverage Sales (Chapter 17.51 List of Terms and Definitions).
Definition: Retail sales of food and beverages primarily for off-site preparation and consumption.
Typical uses include food markets, groceries, liquor stores, meat markets and butcher shops, and retail bakeries.
12. Front Yard (Chapter 17.51 List of Terms and Definitions).
Definition: Front Yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this Code for the zone in which it is located from the nearest line or point of the main building foundation and measured inward from the front lot line.
13. Emergency Standby Generator (Chapter 17.51 List of Terms and Definitions).
Definition: An emergency standby generator means a stationary generator used for the generation of electricity that is used in the event of a failure of the regular power supply.
Chapter 17.08.40 Supplemental Regulations.
E. Emergency Standby Generator. An emergency standby generator shall not be located within any required setback adjacent to a public street, or within three feet of an interior side or rear property line, or within 10 feet of the living area of any dwelling unit on an adjacent parcel.
14. Interim Uses (Chapter 17.38 Use Permits)
17.38.010 Purpose: An interim use is defined as a zoning mechanism that allows a property owner to use their land for a limited period for a land use not otherwise permitted by the underlying zoning. According to section 17.38.060, required findings must be made to allow for use to be permitted on the subject site with the exception item 1067
Ordinance 24-1
A. The City shall have complete discretion over the types of uses proposed to be allowed on a subject site and may impose conditions of approval to regulate dates, hours of operation, etc. on the subject site. Interim uses shall only be permitted in Commercial and Mixed-Use and Employment Zoning Districts.
17.38.050 Public Notice and Hearing (C): All applications for Interim Uses shall require public notice and hearing before the Planning Commission pursuant to Chapter 17.35, Common Procedures.
17.38.080 Appeals, Expiration, Extensions and Revisions (C):
The length of time for the interim use shall be determined by the Planning Division with approval by the Planning Commission. The length of time of interim use shall be no more than 5 years. Upon completion of the interim use period, the use shall cease operation and the site in which the interim use was operating shall be returned to its original condition. If additional time is needed, an interim use extension shall require a new public hearing with the Planning Commission. Only one extension may be granted per use.
Section 3. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.
Section 4. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.
PASSED AND ADOPTED by the City Council of the City of West Sacramento this 17th day of January 2024, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Martha Guerrero, Mayor
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Ordinance 24-1
ATTEST: APPROVED AS TO FORM:
Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY _X UNCODIFY ___
1069