Title
(Pass for Publication) Various Ordinances Related to Planning and Development: 1) An Ordinance Amending Section 15.148.600 and Various Provisions of Title 17 of the Sacramento City Code, Relating to Planning and Development; 2) an Ordinance Amending Title 17 of the Sacramento City Code to Rezone Various Parcels by Deleting the Ascot Overlay Zone and Labor Intensive (LI) Overlay from the Official Zoning Map; and 3) an Ordinance Deleting and Adding Chapter 17.704, Amending Section 17.860.040, and Deleting Section 17.860.050 of the Sacramento City Code, Relating to Density Bonuses (M24-010)
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FileID
File ID: 2024-01742
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Location
Location: Citywide
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Recommendation
Recommendation: 1) Review an ordinance amending various portions of Titles 15 and 17 of the Sacramento City Code, related to planning and development; 2) review an ordinance deleting the Ascot Avenue (AOL) Overlay Zone and Labor Intensive (LI) Overlay Zone from all affected parcels on the official zoning map; 3) review an ordinance amending Chapter 17.704 and Sections 17.860.040 and 17.860.050 of Sacramento City Code, relating to density bonuses; and 4) pass for publication the ordinances per Sacramento City Charter section 32 for City Council consideration on December 10, 2024.
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Contact
Contact: Jamie Mosler, Associate Planner, (916) 808-7875, jmosler@cityofsacramento.org; Kevin Colin, Zoning Administrator, (916) 808-5260, kcolin@cityofsacramento.org; Department of Community Development
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Presenter
Presenter: Jamie Mosler, Associate Planner, (916) 808-7875, jmosler@cityofsacramento.org, Department of Community Development
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Attachments
Attachments:
1-Description/Analysis
2-Background
3-Omnibus Ordinance (Redline)
4-Omnibus Ordinance (Clean)
5-Zoning Map Amendment Ordinance
6-Map of Properties within the Ascot Avenue (AOL) Overlay Zone
7-Maps of Properties within the Labor Intensive (LI) Overlay Zone
8-List of Properties within the Ascot Avenue (AOL) Overlay Zone and Labor Intensive (LI) Overlay Zone
9-Density Bonus Ordinance (Redline)
10-Density Bonus Ordinance (Clean)
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Description/Analysis
IssueDetail
Issue Detail: Staff has prepared three ordinances that amend the Planning and Development Code (Title 17 of the City Code). Title 17 is the primary means by which the City’s land use policy is implemented. When considering and acting upon proposed amendments to Title 17 of the City Code, City Council is to consider two findings:
1. As amended, this title 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; and
2. The amendment promotes the public health, safety, convenience, and welfare of the City.
The proposed amendments set forth in the ordinances fall into three categories:
1. State Law Consistency: These amendments respond to planning and zoning laws passed during the 2023 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 correcting a typographical error in sign standards.
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PolicyConsiderations
Policy Considerations: The proposed ordinances do not replace continued work in 2024 and 2025 to fully align Title 17 of the City Code with the 2040 General Plan, nor are they intended to implement specific General Plan policies. Rather, the ordinances seek to make pragmatic changes that results in a Planning and Development Code that is accurate (e.g., no typographical errors), consistent with State law (e.g., passed in 2023), and one that refines the implementation of certain policies in a manner consistent with the General Plan. Additionally, the density bonus ordinance fulfills Housing Element Program H16 by updating the ordinance for consistency with State Law.
The ordinances include 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.
Staff Analysis: Orderly and well-planned development cannot be easily achieved without accurate and clear regulations. The ordinances provide for clearer regulations, consistency with new state laws, correct typographical errors, and streamline existing rules to better implement existing policies. In doing so, the ordinances help 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, state density bonus law) and streamlining changes in furtherance of Policy H-2.3.5.
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EconomicImpacts
Economic Impacts: None.
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EnvironmentalConsiderations
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 omnibus, rezone, and density bonus ordinances are exempt from CEQA. These ordinances consist 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.
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Sustainability
Sustainability: The proposed ordinances include 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.
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Commission/Committee Action
Commission/Committee Action: The following actions were taken to initiate the proposed amendments to Titles 15 and 17 of the City Code:
• On August 22, 2024, the Planning and Design Commission initiated, pursuant to City Code Sections 17.916.010.A and 17.400.030.B, rezoning amendments to remove the Ascot Avenue (AOL) Overlay Zone and Labor Intensive (LI) Overlay zone, along with text amendments to the Del Paso Boulevard/Arden Way Special Planning District.
• On September 10, 2024, the Planning Director initiated, pursuant to City Code Section 17.916.010.A, the density bonus ordinance and remaining omnibus ordinance text amendments.
• On October 24, 2024, the Planning & Design Commission conducted a public hearing on four ordinances. The Commission forwarded three ordinances, as presented, to the City Council for consideration and continued consideration of the ordinance for Senate Bill 684 (2023, Caballero) to a date uncertain.
• On November 12, 2024, the Law & Legislation Committee reviewed and forwarded the ordinances, as presented, to City Council for consideration.
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RationaleforRecommendation
Rationale for Recommendation: Staff recommends the City Council review the ordinances and pass for publication the ordinances per Sacramento City Charter Sec. 32 for City Council consideration on December 10, 2024. The amendments contained in the proposed ordinances 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 2040 General Plan.
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FinancialConsiderations
Financial Considerations: Not applicable.
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LocalBusinessEnterprise
Local Business Enterprise (LBE): Not applicable.
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