North Sacramento Interim Ordinance

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.

An interim ordinance has been drafted in response and is presently under consideration.

What is an interim ordinance?

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.

Draft 2040 General Plan Policy EJ-A-5 seeks the establishment of new zoning regulations to address the development trend described above. After adoption of the 2040 General Plan, staff 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.

In the interim, the proposed ordinance will provide, on a temporary basis, the regulatory changes described below.

What is the proposed ordinance?

In coordination with Councilmember Loloee of District 2, a draft ordinance has been developed that: (1) expands the scope of discretionary review from Site Plan & Design Review to also include a Commission-level Conditional Use Permit; and (2) raises the level of review to from staff to the Planning & Design Commission.

These interim changes will apply to:

The following land uses (see hyperlinks for definitions of each use)

The ordinance will empower the Planning & Design 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.

Frequently asked questions (FAQ)

How are existing businesses affected by the ordinance?

All lawfully established businesses affected by the ordinance will be granted a “deemed conditional use permit” pursuant to City Code Sec. 17.232.060. No application is required to obtain this approval.

What happens when an existing business with a deemed conditional use permit proposes to change? For example, expand the land area and/or building size for the business.

City Code Sec. 17.808.440 establishes a process for determining whether the proposed change is either “minor” or “major.” Planning Division staff will assist with determinations on a property and/or project-specific basis.

  • “Minor” modifications are subject to staff level review and do not require public notice or a hearing.
  • “Major” modifications are subject to Zoning Administrator review and require both public notice and hearing.

 

Prior public hearings

The interim ordinance has been considered at the following public hearings to date.

October 3, 2023 - Law & Legislation Committee: At this meeting, the Committee forwarded the ordinance to City Council for consideration but requested additional community outreach prior to a hearing.

Community outreach

Two virtual community meetings were held on December 4 and 5, 2023. Materials for each meeting are available at the links below.

December 4, 2023 - Virtual Community Meeting

December 5, 2023 – Virtual Community Meeting

Next steps and hearing dates

The interim ordinance will next be considered by City Council at a public hearing. The hearing is anticipated to occur during the first quarter of 2024. All industrially-zoned properties affected by the ordinance will receive mailed notice prior to the hearing. All other parties wishing to receive notice may submit a request to the staff listed below.

Staff contact

Questions or comments regarding the proposed ordinance should be directed to:

Kevin Colin, Zoning Administrator

Email: kcolin@cityofsacramento.org

Phone: (916) 808-5260

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