The purpose of this chapter is to establish procedures for the planning and design commission and city council to regulate properties under multiple ownership that are in need of general physical and economic improvement, or have special environmental features that standard land use, zoning, and other regulations cannot adequately address. For such areas to achieve their fullest potential, it may be desirable to provide for a range or mixture of uses that would not otherwise be permitted with standard zoning designations. This chapter is intended to promote the utilization of selected areas of a community by:

   A.   Providing flexibility to stimulate new development in existing neighborhoods that are experiencing obsolescence or decline;

   B.   Providing incentives for private development that would not otherwise be possible through a strict interpretation of development standards, subject to minimum health and safety regulations;

   C.   Providing mechanisms for preserving and enhancing unique environmental features, wildlife habitat, or other considerations located on the property; and

   D.   Encouraging coordinated development of properties through a unified development theme consistent with the goals and criteria established for the area. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The designation "SPD" appearing on official zoning maps means that the property is included in a special planning district, and is subject to the requirements set forth in this chapter and the chapter in this Division IV adopted for the specific SPD. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   An SPD designation is adopted, amended, or removed in the same manner as city-initiated rezonings set forth in chapter 17.916. Only the planning and design commission or city council may initiate the proceedings.

   B.   An SPD chapter is adopted, amended, or removed in the same manner as text amendments to this title set forth in chapter 17.916. Only the planning and design commission or city council may initiate the proceedings. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

To justify an SPD designation and adoption of an SDP chapter, the planning and design commission and city council must determine that routinely-used zoning and other standard regulatory provisions should be replaced by, or supplemented with, specifically tailored provisions intended to positively benefit the district and its immediate surrounding area, based on one or more of the following criteria:

   A.   The SPD designation and chapter will offer a greater mix of land uses or intensities, thereby increasing the likelihood of attracting new private investment;

   B.   The SDP designation and chapter will promote retention of unique geographic or historic features consistent with quality land-use design practices;

   C.   The SPD designation and chapter will promote a significant reversal in a long-term trend of area economic stagnation or physical blight;

   D.   The SPD designation and chapter will stimulate major multiple-use development around a central or unique theme that has been supported by a market analysis;

   E.   The SPD designation and chapter will encourage significant elimination of incompatible land uses and the aggregation or massing of problem parcels for better development potential; or

   F.   The SPD designation and chapter will retain or enhance highly significant environmental areas or features worth retaining for the general public's benefit. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

An SPD chapter shall include provisions that address the following:

   A.   Reasons for adopting the SPD designation and chapter;

   B.   Description of properties included within the SPD;

   C.   A list of general or specific uses permitted within the SPD;

   D.   Performance and development standards, including setbacks, landscaping, building height, building intensity, security, parking, and pedestrian and auto traffic flow; and

   E.   Design standards, including an overall design theme, façade treatments, lighting, and signage requirements. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The following provisions may be included in an SPD chapter:

   A.   Regulations governing nonconforming lots, structures, and uses;

   B.   Project phasing and sequence of development;

   C.   Financing mechanisms; and

   D.   Any other provisions that may be required to address specific conditions or circumstances within the SPD. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   General. The rules and regulations established by this chapter to govern development within the Broadway-Stockton Special Planning District (SPD) are designed to improve the image and competitiveness of this commercial corridor by drawing upon the area's existing assets, including historic buildings, landmarks, multi-cultural commerce, medical facilities, and surrounding neighborhoods.

The city council finds and declares that, given the history, nature, and scope of development patterns in the Broadway-Stockton area, special rules are necessary to revitalize the area.

   B.   Goals. The Broadway-Stockton SPD regulations are intended to implement applicable recommendations of the Broadway-Stockton urban design plan (Resolution RA98-043, adopted by the redevelopment agency of the city on September 15, 1998), and to encourage development that is consistent with the following goals:

      1.   Encourage revitalization efforts within three "catalyst" areas identified in the Broadway-Stockton urban design plan. (See Figures 16-18, urban design plan.) These areas include properties in the vicinity of Broadway at 35th Street, Broadway at Stockton Boulevard (medical center), and Stockton Boulevard at Fruitridge Road (international marketplace). Goals specific to these areas are as follows:

         a.   Preserve and reuse the unique and historic storefront buildings along Broadway near 35th Street and the northern portion of Stockton Boulevard. Neighborhood-serving uses are encouraged in this area.

         b.   Retain and improve the character, quality, and vitality of the unique multi-cultural commercial district along the southern portion of the SPD along Stockton Boulevard. Stores supporting the international marketplace theme and supporting multi-cultural shops and services are encouraged.

         c.   Encourage the further expansion of the medical center campus and supporting uses, and encourage uses that serve the medical facilities and their employees.

      2.   Discourage or prohibit uses that are incompatible with residential neighborhoods or that contribute to visual or economic blight.

      3.   Encourage a mixture of residential and commercial mixed-use projects, as well as cultural and entertainment uses. Where possible, these uses shall be designed to accommodate pedestrian, bicycling, and transit opportunities.

      4.   Enhance the bike and pedestrian connections and accessibility between the commercial uses on Broadway and Stockton Boulevard and the surrounding residential neighborhoods.

      5.   Encourage reduction of motor vehicle parking requirements for new commercial development as allowed by this title as a means of attracting desirable businesses.

      6.   Encourage the use of bicycle parking in accordance with designs preferred by the city-county bicycle advisory committee.

      7.   Promote aesthetic improvements to the area by implementing the development standards and design guidelines, as provided in sections 17.404.040 and 17.404.050. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The Broadway-Stockton SPD includes properties located along the east and west sides of Broadway, from Highway 99 on the west to Martin Luther King Boulevard on the east; along the north and south sides of Broadway, from Martin Luther King Boulevard on the west to Stockton Boulevard on the east; and along the east and west sides of Stockton Boulevard, between 2nd Avenue on the north and 65th Street on the south. The SPD boundaries are identified in Exhibit A.

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Development within the Broadway-Stockton SPD is subject to the following special regulations in addition to the other regulations of this title. In the event of conflict between the provisions of this chapter and other provisions of this title, the provisions in this chapter prevail.

   B.   Except as otherwise provided in this chapter, uses permitted in a specified zone outside the Broadway-Stockton SPD are permitted in the same zone within the Broadway-Stockton SPD.

   C.   If this title requires the approval of a conditional use permit or other discretionary entitlement to establish a particular use in a specified zone outside of the Broadway-Stockton SPD, approval of the same discretionary entitlement is required to establish the use within the same zone in the Broadway-Stockton SPD.

   D.   Prohibited uses. In addition to other uses prohibited in the underlying zones, the following uses are prohibited in all zones within the Broadway-Stockton SPD.

      1.   Auto-sales, storage, rental.

      2.   Bar; nightclub.

      3.   Transit vehicle-service, repair, storage.

      4.   Check-cashing center.

      5.   Alcoholic beverage sales, off-premises consumption (15,000 square feet or less of gross floor area).

      6.   Towing service; vehicle storage yard.

      7.   Mini storage; locker building.

      8.   Auto-service, repair. (Ord. 2019-0032 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Development in the Broadway-Stockton SPD is subject to the regulations and development standards in this chapter and to those of the underlying zone. The provisions of this chapter prevail over any conflicting provisions of this title.

   B.   The maximum height for properties located on Stockton Blvd. between 2nd Avenue and Broadway is 75 feet. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

General architectural design guidelines include basic criteria for building massing and form, facade design, storefront design, and signage design. Detailed specific information for designated districts within the SPD are provided within the Broadway-Stockton urban design plan (Resolution RA98-043, adopted by the redevelopment agency of the city on September 15, 1998), and should be used in evaluating development projects within the Broadway-Stockton SPD. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The Folsom Boulevard West Special Planning District (SPD) establishes regulations governing development within the area. The goals of the Folsom Boulevard West SPD are to

   1.   Attract a greater mix of land uses to the area;

   2.   Maintain and improve the character, quality, and vitality of the area within the Folsom Boulevard West SPD; and

   3.   Ensure compatibility between new nonresidential uses within the area and the surrounding residential uses and schools. (Ord. 2020-0043 § 2)

The Folsom Boulevard West SPD generally includes properties fronting Folsom Boulevard between 62nd Street to the west, the Union Pacific railroad tracks to the east, 69th Street/Elvas Avenue to the north, and Q Street to the south. The boundaries of the Folsom Boulevard West SPD are shown on Exhibit A.

(Ord. 2020-0043 § 2)

   A.   Development within the Folsom Boulevard West SPD is subject to the regulations set forth in this chapter in addition to the other regulations of this title and the applicable design guidelines. To the extent there are conflicts between the provisions of this chapter and other regulations or guidelines, the provisions of this chapter control.

   B.   Except as otherwise provided in this chapter, uses permitted in a specified zone outside of the Folsom Boulevard West SPD are permitted in the same zone within the Folsom Boulevard West SPD.

   C.   If this title requires the approval of a conditional use permit or other discretionary entitlement to establish a particular use in a specified zone outside of the Folsom West SPD, approval of the same discretionary entitlement is required to establish the use within the same zone in the Folsom Boulevard West SPD.

   D.   Prohibited uses. In addition to the other uses prohibited in the underlying zones, the following uses are prohibited in all zones within the Folsom Boulevard West SPD.

      1.   Tobacco retailing unless done in a store that has greater than 15,000 square feet of gross floor area and the total shelving allocated to tobacco products and tobacco paraphernalia does not exceed 250 square feet.

      2.   Check-cashing center.

      3.   Massage therapy establishment, as defined in section 5.124.020.

      4.   Cannabis dispensary. (Ord. 2021-0016 § 28; Ord. 2020-0043 § 2)

The Folsom Boulevard East Special Planning District (SPD) establishes regulations governing development within the area. The goals of the Folsom Boulevard East SPD are to

   1.   Attract a greater mix of land uses to the area;

   2.   Maintain and improve the character, quality, and vitality of the area within the Folsom Boulevard East SPD; and

   3.   Ensure compatibility between new nonresidential uses within the area and the surrounding residential uses and schools. (Ord. 2020-0043 § 3)

The Folsom Boulevard East Special Planning District generally includes properties on the north and south sides of Folsom Boulevard between Howe Avenue on the west and Watt Avenue on the east. The boundaries of the Folsom Boulevard East SPD are shown on Exhibit B.

(Ord. 2020-0043 § 3)

   A.   Development within the Folsom Boulevard East SPD is subject to the regulations set forth in this chapter in addition to the other regulations of this title and the applicable design guidelines. To the extent there are conflicts between the provisions of this chapter and other regulations or guidelines, the provisions of this chapter control.

   B.   Except as otherwise provided in this chapter, uses permitted in a specified zone outside of the Folsom Boulevard East SPD are permitted in the same zone within the Folsom Boulevard East SPD.

   C.   If this title requires the approval of a conditional use permit or other discretionary entitlement to establish a particular use in a specified zone outside of the Folsom East SPD, approval of the same discretionary entitlement is required to establish the use within the same zone in the Folsom Boulevard East SPD.

   D.   Prohibited uses. In addition to the other uses prohibited in the underlying zones, the following uses are prohibited in all zones within the Folsom Boulevard East SPD.

      1.   Tobacco retailing unless done in a store that has greater than 15,000 square feet of gross floor area and the total shelving allocated to tobacco products and tobacco paraphernalia does not exceed 250 square feet.

      2.   Check-cashing center.

      3.   Massage therapy establishment, as defined in section 5.124.020.

      4.   Cannabis dispensary. (Ord. 2021-0016 § 29; Ord. 2020-0043 § 3)

   A.   The McClellan Heights and Parker Homes special planning district (SPD) is intended to establish development standards to implement the goals and policies of the McClellan Heights and Parker Homes land use and infrastructure plan (plan), which encompasses a portion of the North Sacramento Community Plan. These regulations further the following plan goals:

      1.   Strengthen the residential character and identity of the McClellan Heights and Parker Homes neighborhoods;

      2.   Provide high-quality, safe housing in a variety of housing types and levels of affordability;

      3.   Ensure that McClellan Heights and Parker Homes neighborhoods have access to neighborhood-serving retail and other amenities to meet community needs;

      4.   Ensure safety and compatibility between residential land uses and the adjacent McClellan Airport;

      5.   Ensure safety and compatibility between residential land uses and nonresidential uses within the plan area, particularly as existing non-conforming uses transition to land uses allowed in the plan; and

      6.   Promote opportunities for new open space and community facilities to meet the needs of residents.

   B.   The SPD is also intended to help protect the health, safety, and general welfare of the residents in the vicinity of the McClellan Airport, a general aviation airport that lies northeast of the plan area, by ensuring that new development is compatible with the McClellan Airport comprehensive land use plan to effectuate the policies stated in the Airport Land Use Commission Law.

   C.   The restrictions in this SPD are also intended to prevent new problems of land use incompatibility between industrial and residential developments, and to prevent existing incompatible land uses from expanding or changing to other incompatible uses. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The McClellan Heights and Parker Homes SPD zone is that area designated "McClellan Heights/Parker Homes Special Planning District" in Exhibit A at the end of this chapter, and is generally that area of North Sacramento bounded by North Avenue and the I-80 freeway on the south, Raley Boulevard on the west, Bell Avenue on the north, and Winters Street on the east. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Land uses. Development within the McClellan Heights and Parker Homes SPD is subject to the requirements and restrictions of this chapter in addition to those of the underlying zone. The provisions of this chapter prevail over any conflicting provisions of this title.

   B.   McClellan Airport comprehensive land use plan. The McClellan Airport planning boundaries and the McClellan Airport overflight zone encompass a portion of the SPD as set out in the McClellan Airport comprehensive land use plan (CLUP). Three categories of land use restrictions are included in the CLUP for the area within the overflight zone: (1) land use restrictions to minimize the number of people exposed to hazards related to aircraft operations and accidents; (2) residential land use restrictions or conditions to minimize the number of persons exposed to noise from aircraft operations; and (3) height restrictions to protect the navigable airspace around the airport for aircraft safety. The county of Sacramento has adopted noise contours for the McClellan Airport based on projected air-craft operations in the year 2022. A depiction of the location of the 2022 McClellan Airport 60 CNEL noise contour within the SPD boundary is provided in Exhibit B at the end of this chapter. The following restrictions apply to developments within the SPD that are located within the McClellan Airport overflight zone:

      1.   Any new construction or expansion of existing buildings or structures on property within the CLUP overflight zone must be consistent with the CLUP land use compatibility guidelines for safety.

      2.   No new residential development requiring a discretionary permit or entitlement is allowed within the McClellan Airport noise contour that exceeds 65 CNEL. The owners of residential development requiring a discretionary permit or entitlement that is located within the McClellan Airport noise contour that exceeds 60 CNEL shall record an official statement that discloses to current and future property owners that the property is subject to overflights and associated noise and other impacts of aircraft operating at McClellan Airport.

      3.   No building, structure, or other object may be located within the overflight zone if it (a) exceeds 100 feet measured from the ground; (b) reflects the light of the sun or directs a steady light or a flashing light towards the area where aircraft approach or depart from McClellan Airport; or (c) would generate a substantial volume of smoke, attract a large concentration of birds, generate electrical interference, or otherwise affect safe navigation in the vicinity of McClellan Airport.

   C.   RMX zone in the McClellan Heights and Parker Homes SPD.

      1.   Uses permitted in the RMX zone within the McClellan Heights and Parker Homes SPD are the same as the uses permitted for the RMX zone. If this title requires the approval of a special permit or other discretionary entitlement or imposes other restrictions or requirements on the establishment of a particular use in the RMX zone outside of the McClellan Heights and Parker Homes SPD, approval of the same discretionary entitlement and compliance with the same restrictions or requirements is required to establish the use in the RMX zone within the McClellan Heights and Parker Homes SPD.

      2.   Manufacturing, service, and repair (not exceeding 6,400 gross square feet of floor area) is allowed if the use includes incidental, non-nuisance producing processing, packaging, and fabricating entirely within a building.

   D.   C-2 zone in the McClellan Heights and Parker Homes SPD.

      1.   Except as provided in paragraph 2 of this subsection, uses permitted in the C-2 zone within the McClellan Heights and Parker Homes SPD are the same as the uses permitted in the C-2 zone. If this title requires the approval of a special permit or other discretionary entitlement or imposes other restrictions or requirements on the establishment of a particular use in the C-2 zone outside of the McClellan Heights and Parker Homes SPD, approval of the same discretionary entitlement and compliance with the same restrictions or requirements is required to establish the use in the C-2 zone within the McClellan Heights and Parker Homes SPD.

      2.   Notwithstanding any provision in this chapter, and in addition to all other uses prohibited in the C-2 zone, the following uses are prohibited in a C-2 zone within the McClellan Heights and Parker Homes SPD:

               a.   Adult entertainment business.

               b.   Adult-related establishment.

               c.   Check-cashing center.

               d.   Mini storage; locker building.

   E.   M-1 zone in the McClellan Heights and Parker Homes SPD.

      1.   Except as provided in paragraphs 2 and 3 of this subsection, uses permitted in the M-1 zone within the McClellan Heights and Parker Homes SPD are the same as the uses permitted in the M-1 zone. If this title requires the approval of a special permit or other discretionary entitlement or imposes other restrictions or requirements on the establishment of a particular use in the M-1 zone outside of the McClellan Heights and Parker Homes SPD, approval of the same discretionary entitlement and compliance with the same restrictions or requirements is required to establish the use in the M-1 zone within the McClellan Heights and Parker Homes SPD.

      2.   Notwithstanding any provision in this chapter, and in addition to all other uses prohibited in the M-1 zone under this title, the following uses are prohibited in a M-1 zone within the McClellan Heights and Parker Homes SPD:

         a.   Adult entertainment business.

         b.   Adult-related establishment.

         c.   Animal slaughter.

         d.   Auto dismantler.

         e.   Hazardous waste facility.

         f.   Junk yard.

         g.   Solid waste landfill.

         h.   Solid waste transfer station.

      3.   Notwithstanding any provision in this chapter, and in addition to all other uses conditionally permitted in the M-1 zone under this title, the following uses are conditionally permitted in a M-1 zone within in the McClellan Heights and Parker Homes SPD and require a conditional use permit:

         a.   Towing service; vehicle storage yard. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   The designation of the Northgate special planning district (SPD) recognizes the area as one requiring unique guidance to revitalize commercial areas and protect viable residential sites located to the east. The zone encourages upgrading and reuse of commercial development along the east side of Northgate Boulevard, while providing for local-serving commercial and business opportunities that are compatible with adjacent residential uses. The intent is to retain and encourage commercial and neighborhood office uses that serve the surrounding area and through traffic, thus maintaining the district's importance to the community. The goals of the Northgate SPD are to:

      1.   Upgrade and revitalize existing commercial developments on the east and west sides of Northgate Boulevard;

      2.   Ensure that new commercial and office developments are compatible with adjacent residential uses;

      3.   Ensure well-balanced local-serving office and commercial uses in the special planning district zone;

      4.   Encourage new commercial and office uses at focused commercial centers located at the intersection of West El Camino Avenue and Northgate Boulevard and the intersection of San Juan Road and Northgate Boulevard, to attract a number of patrons at one time and encourage interaction between the public and the service or product provider; and

      5.   Encourage both vertical and horizontal mixed-use development along Northgate Boulevard.

   B.   Development within the Northgate SPD is subject to the special rules and regulations in this chapter in addition to the other regulations of this title. The provisions of this chapter prevail over any conflicting provisions of this title. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The Northgate SPD zone applies to that area of South Natomas located on the east side and portions of the west side of Northgate Boulevard south of Patio Avenue and north of Garden Highway. The zone is depicted on the map in Exhibit A.

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

In addition to all other uses prohibited in the RMX and C-2 zones, the following uses are prohibited in RMX zones and C-2 zones within the Northgate SPD.

   A.   Drive-through restaurant.

   B.   Mini storage; locker building.

   C.   Auto-sales, storage, rental.

   D.   Auto-service, repair.

   E.   Towing service; vehicle storage yard.

   F.   Check-cashing center. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The Alhambra Corridor special planning district (SPD) generally consists of properties located between 29th and 34th streets from the Southern Pacific railroad mainline levee to the W/X Freeway. The specific district boundaries are identified on the map in Exhibit A. This district includes a number of different neighborhoods and is intended to assist in the preservation of the neighborhood scale and character, along with providing additional housing opportunities in the area. The goals of the Alhambra Corridor SPD are to:

   A.   Maintain and improve the character, quality, and vitality of individual neighborhoods;

   B.   Maintain the diverse character and housing opportunities provided in these urban neighborhoods; and

   C.   Provide the opportunity for a balanced mixture of uses in neighborhoods adjacent to transit facilities and transportation corridors.

(Ord. 2018-0014 § 2; Ord. 2018-0004 § 1; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Development within the Alhambra Corridor SPD is subject to the regulations and development standards of this chapter, in addition to the other regulations of this title. The provisions of this chapter prevail over any conflicting provisions of this title.

   B.   Residential preservation transition buffer zone.

      1.   General rule. Except as provided below, development located within 300 feet of a residential zone (measured from the street centerline) shall not exceed 35 feet in height. This restriction is intended to establish a buffer zone to protect residential neighborhoods from visual intrusion by new development that is out of scale with the adjacent residential neighborhood.

      2.   Exception. The planning and design commission may approve a conditional use permit allowing additional height, provided that the height may not exceed the limits established by the applicable base zoning chapter. To approve the conditional use permit, the planning and design commission must find that the development will not be out of scale with the adjacent residential neighborhood. An example where the intent of the buffer zone is maintained while allowing additional height is a development incorporating design features or step-backs that reduce the walled effect on adjacent smaller-scaled residential development.

   C.   Restricted limited commercial. Property zoned C-1 and located between Granada Way and Folsom Boulevard on the east side of 32nd Street is subject to the following additional provisions:

      1.   The total building square footage of any structure in the C-1 zone shall not exceed 6,400 square feet, except that the planning and design commission may issue a conditional use permit to exceed 6,400 square feet, subject to a finding that the proposed building scale is compatible with adjacent residential development.

      2.   Height. The maximum height for this zone is 35 feet.

   D.   Drive-through services. Drive-through services are prohibited for parcels that abut Alhambra Boulevard and are located in the Alhambra Corridor SPD. This prohibition includes both drive-through services for restaurants and as an accessory use. (Ord. 2018-0004 § 1; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   General.

      1.   When established in 1994, the Del Paso Boulevard SPD area consisted of C-2 zoned properties located along Del Paso Boulevard, between approximately Globe Avenue and El Camino Avenue. In 1997, the SPD boundary was expanded and M-1 zoning standards were adopted. In 2010, the SPD boundary was expanded to include the portion of Arden Way between Del Paso Boulevard and Beaumont Street and the SPD was renamed the Del Paso Boulevard/Arden Way Special Planning District ("Del Paso Boulevard/Arden Way SPD").

      2.   The Del Paso Boulevard/Arden Way SPD consists of a number of different neighborhoods that include residential uses, light industrial uses, and commercial uses. The SPD zoning regulations are intended to assist in the preservation of the economic climate in these neighborhoods through the retention of existing businesses while accommodating new development.

   B.   Goals. The general goals for properties within the Del Paso Boulevard/Arden Way SPD are as follows:

      1.   Maintain and improve the character, quality, and vitality of this unique commercial neighborhood, drawing on the opportunities for an arts and entertainment orientation;

      2.   Provide the opportunity for a balanced mixture of uses in neighborhoods adjacent to transit facilities and transportation corridors;

      3.   Maintain the neighborhood stability of existing commercial neighborhoods while allowing existing nonconforming uses to continue to serve the community needs in this area;

      4.   Retain and improve economic vitality of this commercial neighborhood;

      5.   Provide the opportunity for reuse and rehabilitation of heavy commercial and industrial uses to take advantage of the light rail facilities in the area, thereby reducing the number of obsolete and underutilized buildings and sites;

      6.   Promote land use characteristics for M-1 and C-2 properties that consider the neighborhood changes that resulted from the westerly extension of Arden Way across the Natomas East Main Drainage Canal;

      7.   Promote orderly transition of land uses from underutilized buildings and sites to new commercial and industrial uses; and

      8.   Discourage outdoor storage in the SPD by limiting stored materials to those that are incidental to primary business uses in the M-1 and C-2 zones and enforcing minimum standards for outdoor storage of materials and products. By discouraging outdoor storage, the city can reverse the adverse aesthetic conditions. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The boundaries of the Del Paso Boulevard/Arden Way SPD are shown on the map set out at the end of this section as Exhibit A.

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Development in the Del Paso Boulevard/Arden Way SPD is subject to the regulations and development standards in this chapter and to those of the underlying zone. The provisions of this chapter govern over any conflicting provisions of this title. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Allowed uses.

      1.   Except as provided in subsection B, the uses permitted in the RMX zone under this title outside of the Del Paso Boulevard/Arden Way SPD are allowed in the RMX zone within the Del Paso Boulevard/Arden Way SPD.

      2.   If this title requires the approval of a conditional use permit or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the RMX zone outside of the Del Paso Boulevard/Arden Way SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the RMX zone within the Del Paso Boulevard/Arden Way SPD.

   B.   Prohibited uses. The following use is prohibited in the Del Paso/Arden Way SPD:

      1.   Check-cashing center. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Allowed uses.

      1.   Except as provided in subsection B of this section, the uses permitted in the OB zone under this title outside of the Del Paso Boulevard/Arden Way SPD are allowed in the OB zone within the Del Paso Boulevard/Arden Way SPD.

      2.   If this title requires the approval of a conditional use permit or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the OB zone outside of the Del Paso Boulevard/Arden Way SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the OB zone within the Del Paso Boulevard/Arden Way SPD.

   B.   Prohibited uses. The following uses are prohibited in the OB zone in the Del Paso Boulevard/Arden Way SPD:

      1.   Check-cashing center; and

      2.   Tobacco retailing. (Ord. 2019-0027 § 22; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Allowed uses.

      1.   Except as provided in subsections B, C, D, and E of this section, the uses permitted in the C-2 zone under this title outside of the Del Paso Boulevard/Arden Way SPD are allowed in the C-2 zone within the Del Paso Boulevard/Arden Way SPD.

      2.   If this title requires the approval of a conditional use permit or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the C-2 zone outside of the Del Paso Boulevard/Arden Way SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the C-2 zone within the Del Paso Boulevard/Arden Way SPD.

   B.   Allowed uses-Manufacturing, service, and repair. Manufacturing, service, and repair uses are allowed in the C-2 zone within the Del Paso Boulevard/Arden Way SPD as follows:

      1.   Manufacturing, service, and repair uses not exceeding 6,400 gross square feet of floor area are allowed.

      2.   Manufacturing, service, and repair uses greater than 6,400 but less than 20,000 gross square feet of floor area are allowed, subject to the following requirements:

         a.   The use requires a zoning administrator conditional use permit;

         b.   Newly constructed buildings for this use shall be designed to be convertible to commercial use; and

         c.   If located on Del Paso Boulevard, the use shall have an office or another active commercial use facing the street.

   C.   Allowed uses-Tobacco retailing. Tobacco retailing is allowed in the C-2 zone within the Del Paso Boulevard/Arden Way SPD with a zoning administrator conditional use permit.

   D.   Allowed uses - Cannabis manufacturing, cannabis distribution, and delivery-only cannabis dispensary uses are allowed on parcels that front Del Paso Boulevard or Arden Way in the C-2 zone as follows:

      1.   The uses do not exceed one-third of the gross square feet of the floor area of the parcel.

      2.   The uses can only be accessed from the rear of the parcel.

      3.   The uses are not visible from the public right-of-way.

   E.   Prohibited uses. The following uses are prohibited in the C-2 zone in the Del Paso Boulevard/Arden Way SPD:

      1.   Adult entertainment business;

      2.   Adult-related establishment;

      3.   Check-cashing center;

      4.   Mortuary; crematory; and

      5.   Cannabis cultivation on parcels fronting Del Paso Boulevard or Arden Way. (Ord. 2020-0024 § 2; Ord. 2019-0027 § 23; Ord. 2018-0018 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Allowed uses.

      1.   Except as provided in subsections B, C, D, and E of this section, the uses permitted in the M-1 zone under this title outside of the Del Paso Boulevard/Arden Way SPD are allowed in the M-1 zone within the Del Paso Boulevard/Arden Way SPD.

      2.   If this title requires the approval of a conditional use permit, or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the M-1 zone outside of the Del Paso Boulevard/Arden Way SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the M-1 zone within the Del Paso Boulevard/Arden Way SPD.

   B.   Allowed uses—Office. An office use in the M-1 zone in the Del Paso Boulevard/Arden Way SPD requires a planning and design commission conditional use permit unless—

      1.   The use does not exceed 10,000 gross square feet of floor area or 35% of gross floor area of building per parcel, whichever is greater; or

      2.   The use—

         a.   Is located less than ¼ mile from a light rail station;

         b.   Does not exceed 40,000 gross square feet of floor area; and

         c.   Is located in a building with a floor area ratio of 0.4 or greater.

   C.   Allowed uses-Tobacco retailing. Tobacco retailing is allowed in the M-1 zone within the Del Paso Boulevard/Arden Way SPD with a zoning administrator conditional use permit.

   D.   Allowed uses - Cannabis manufacturing, cannabis distribution, and delivery-only cannabis dispensary uses are allowed on parcels that front Del Paso Boulevard or Arden Way in the M-1 zone as follows:

      1.   The uses do not exceed one-third of the gross square feet of the floor area of the parcel.

      2.   The uses can only be accessed from the rear of the parcel.

      3.   The uses are not visible from the public right-of-way.

   E.   Prohibited uses. The following uses are prohibited in the M-1 zone in the Del Paso Boulevard/Arden Way SPD:

      1.   Adult entertainment business;

      2.   Adult-related establishment;

      3.   Auto dismantler;

      4.   Mobilehome sales, storage;

      5.   Recycling facility; and

      6.   Cannabis cultivation on parcels fronting Del Paso Boulevard or Arden Way.

   F.   Development standards. In the M-1 zone in the Del Paso Boulevard/Arden Way SPD, outdoor storage incidental to a manufacturing use is allowed within 100 feet of the manufacturing use it serves. Outdoor storage shall be screened within an area enclosed on all sides by a solid fence (such as woven wire with slats) or a solid wall, at least six feet in height. (Ord. 2024-0051 § 23; Ord. 2020-0024 § 3; Ord. 2019-0027 § 24; Ord. 2018-0018 § 3; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   General. The Del Paso Nuevo special planning district (SPD) consists of approximately 154 acres, bounded by Norwood Avenue, South Avenue, Altos Avenue, and Arcade Creek, as depicted on Exhibit A set out at the end of this chapter. This SPD is intended to create homeownership opportunities within this Del Paso Heights neighborhood.

The city council further finds and declares that, given the history, nature, and scope of development patterns in the Del Paso Heights area, special regulations are necessary to control deep lot and infill development. The SPD guides development towards a cohesive neighborhood that would not otherwise evolve through more typical incremental, piecemeal development.

   B.   Goals. The general goals for properties within the Del Paso Nuevo SPD are as follows:

      1.   New development shall incorporate planning principles of "new urbanism," with public and commercial facilities clustered in the neighborhood core, and with residential densities radiating outward from the core.

      2.   Development shall view the neighborhood as a cohesive unit.

      3.   The neighborhood should be compact and pedestrian-oriented, forming identifiable areas that encourage citizens to take responsibility for their maintenance and evolution.

      4.   Building densities and land uses should be designed to encourage transit usage.

   C.   Site plan and design review. The site plan and design review process applies to new construction projects. The regulations in this chapter apply in addition to other regulations in this title. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   The following standards apply to new construction.

 

 

   B.   Notwithstanding subsection A, the planning and design commission and the planning director each have the authority to vary the minimum yard setbacks and the minimum lot area per dwelling unit requirements in the R-1A-SPD zone through site plan and design review. The density of a project may not exceed the maximum density under section 17.428.030 and Exhibit A. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

As shown on Exhibit A set out at the end of this section, density is limited to 8 to 12 dwelling units per net acre, with the exception of two areas designated for 10 to 15 dwelling units per net acre. Housing types within the area designated for 8 to 12 dwelling units per acre are limited to detached single-unit dwellings.

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   This section applies only to the area designated on Exhibit A as "public/quasi-public," which is generally located both north and south of Silver Eagle Road, and approximately 300 feet east of Norwood Avenue.

   B.   Notwithstanding the provisions of this title that otherwise require a conditional use permit for institutional uses, the following uses are allowed subject to site plan and design plan review, provided that the use meets all development standards:

      1.   Assembly-cultural, religious, social;

      2.   School, K-12;

      3.   Childcare center; and

      4.   Nonresidential care facility.

   C.   Height limit for civic uses. Allowed civic buildings and institutional uses may be erected to a height not exceeding 40 feet; height step-backs may be imposed through the site plan and design review process. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The purpose of the Sacramento Army Depot special planning district (SPD) is to guide the establishment of land uses during the development of the Sacramento Army Depot reuse plan. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The Sacramento Army Depot SPD is that area shown on Exhibit A set out at the end of this section.

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Use permitted if standards met.

      1.   Notwithstanding any other provision of this title, a use that meets the standards of this subsection A.1 may be established in the SPD as if permitted by right.

         a.   The use is either permitted by right in the M-2 zone or is an office use. For an office use to qualify under this provision, it must not raise the total amount of office space in the SPD above 349,748 square feet.

         b.   The new use will be served by existing infrastructure (water, sewer, storm drainage, and streets).

         c.   The total number of employees for the use does not raise the total number of employees in the SPD above 3,000.

         d.   Construction is one of two types:

            i.   New construction that does not increase either ground coverage or height more than 10%; or

            ii.   Construction necessary for compliance with applicable structural, safety, energy, or access standards.

      2.   Prior to establishing the use, the lessee shall demonstrate compliance with the above standards to the satisfac-tion of the planning director.

   B.   Conditional use permits. For a use allowed in the M-2 zone that does not meet the standards in subsection A.1, one of the following permits is required:

      1.   Conditional use permit-Zoning administrator. The zoning administrator may approve a conditional use permit for a use in the M-2 zone if the use will be conducted within an existing structure in the SPD. The existing structure may be modified with tenant improvements, fencing, landscaping, and parking only.

      2.   Conditional use permit-Planning and design commission. The planning and design commission may approve a conditional use permit for a use conditionally allowed in the M-2 zone or for a permitted use that requires the construction or expansion of buildings or structures above that allowed by subsection A.1.d. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   The River District special planning district (SPD) establishes procedures to implement the policies and development standards of the River District Specific Plan. The River District Specific Plan designates the land uses within the boundaries of the River District Specific Plan area and is the primary policy and regulatory document used to guide development of the properties within the River District Specific Plan area.

   B.   The goals of the River District SPD are to:

      1.   Establish a greater mix of land uses and intensities to attract private investment;

      2.   Provide the opportunity for reuse and rehabilitation of heavy commercial and industrial uses; to take advantage of the light rail facilities in the area; and to reduce the number of obsolete and underutilized buildings and sites;

      3.   Allow for the retention and continued operation of industrial and service-oriented uses;

      4.   Provide for improved circulation, infrastructure, and community facilities that will serve existing and future needs within the area;

      5.   Provide for the future creation of a significant residential population within the River District area as industrial uses relocate or are replaced; achieve the housing objectives of the general plan and Central City Community Plan; and provide a jobs-housing balance for future office growth;

      6.   Provide for the intensification of commercial and office uses within close proximity to the planned and existing light rail stations and Interstate 5;

      7.   Discourage uses that contribute to visual or economic blight;

      8.   Encourage the preservation of historic structures; and

      9.   Promote aesthetic improvements to the area by implementing development standards and design guidelines. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The River District SPD consists of approximately 748 acres of land within the River District Specific Plan area and is generally bounded by the Sacramento River on the west, the American River on the north, the Sacramento Railyards on the south, and 18th Street on the east. The map in Exhibit A at the end of this chapter shows the boundaries of the River District SPD. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Development in the River District SPD is subject to the regulations and development standards set forth in this chapter in addition to the regulations of this title and code. The provisions of this chapter prevail over any conflicting provisions of this title or code. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Allowed uses. Except as provided below, the uses allowed within the River District SPD are the same as the allowed uses outside of the River District SPD.

      1.   Dwelling, multi-unit. Multi-unit dwellings located in the Heavy Commercial (C-4 SPD) zone are permitted subject to site plan and design review approval.

      2.   Cannabis dispensary. Cannabis dispensaries are subject to special use regulations in chapter 17.228, except that a planning and design commission conditional use permit is required in the General Commercial (C-2 SPD) and Heavy Commercial (C-4 SPD) zones.

      3.   Support commercial in the Office zone. Retail, commercial services, and restaurants are allowed to occupy greater than 50% of the gross floor area in the Office (OB SPD) zone, subject to the approval of a zoning administrator conditional use permit.

      4.   Manufacturing, service, and repair. Manufacturing, service, and repair in the C-4 zone in an existing building within ½ mile from the center of an existing or proposed light rail station platform is not subject to section 17.228.127.

      5.   A residential care facility or nonresidential care facility requires a zoning administrator conditional use permit.

      6.   A dormitory requires a zoning administrator conditional use permit and is subject to section 17.228.111.

   B.   Development standards.

      1.   Height. The height standards for all parcels in the River District SPD are set out in Exhibit B at the end of this chapter.

         a.   Design review or preservation review conducted at the director or commission level under chapter 17.808 may address and modify the required height to achieve the intent and purposes of the River District Urban Design Guidelines.

         b.   The director or commission may approve up to an additional 50 feet of height for development on the west side of Interstate 5 if a public observation deck is incorporated into the building consistent with the River District Urban Design Guidelines.

      2.   Density. A higher density may be approved in the Multi-unit dwelling (R-3A SPD) and Residential Mixed Use (RMX-SPD) zones upon the issuance of a planning and design commission conditional use permit pursuant to and subject to the findings required by section 17.808.200 and consistent with the applicable density range established by the city's general plan.

      3.   Setbacks on Richards Boulevard. Notwithstanding other provisions of this chapter, the minimum setback on the north side of Richards Boulevard from North 7th Street to North 16th Street is 35 feet; provided, upon establishment of a 30-foot wide right-of-way at this location for light rail transit purposes, the minimum setback is five feet.

      4.   Parking. If the use of an existing building is changed to another use that is consistent with this chapter, the following parking requirements apply.

         a.   If the change of use is not accompanied by a building expansion or reconstruction, no additional parking is required.

         b.   If the change in use is accompanied by a building expansion, the new use must meet the parking requirements only as applied to the square footage added by the expansion.

         c.   If the change in use is accompanied by the building demolition and rebuilding, in whole or in part, the new use must conform to all applicable parking requirements.

      5.   Building design to accommodate ground floor retail. New buildings shall be designed to accommodate future ground floor retail uses consistent with Exhibit C at the end of this chapter and the River District Urban Design Guidelines. The design review or preservation review conducted under chapter 17.808 may address and modify or waive the ground floor retail accommodation requirement, provided that the design or preservation review is performed at the director or commission level.

      6.   Open space. Open space requirements shall be satisfied on-site; provided the planning and design commission may approve a conditional use permit pursuant to and subject to the findings required by section 17.808.200 to allow not more than 20% of the required open space off-site. Required off-site open space shall be located within the River District SPD.

      7.   Outdoor storage. Storage for appliance repair shops; cabinet shops; contractor storage yards; building/landscape contractor shops; equipment rental and sales yards; furniture refinishing; retail lumber yards; truck and tractor sales, service, and repair; and warehouse and distribution centers shall be inside an enclosed building or, if located outdoors, shall be completely screened from street views with landscaping or solid fencing.

   C.   Notice of industrial uses. To avoid conflicts and incompatibility between existing industrial uses and new development in the River District SPD, the city, as a condition of approval of any application for new development, may require the owners and developers of the new development to provide written notice of the existing industrial uses and potential impacts associated with the continued use and operation of such industrial uses, to tenants and occupants of the new development. (Ord. 2020-0021 § 45; Ord. 2018-0055 § 15; Ord. 2017-0059 § 17; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   General. Except as provided below, the nonconforming use regulations set forth in chapter 17.232 apply to nonconforming uses, deemed conditional use permits and variances, and deemed site plan and design review approval apply to uses, buildings, structures, and lots within the River District SPD.

   B.   Discontinuance of nonconforming uses. Notwithstanding the provisions of section 17.232.100:

      1.   Except as provided in subsection C of section 17.232.100, if a nonconforming use of a lot, building, or structure is discontinued for a continuous period exceeding four years, the right to continue the nonconforming use expires for discontinuance of use.

      2.   The zoning administrator may approve a single extension of time of not more than two years to resume the operation of a nonconforming use upon a showing of good cause and a determination that the applicant has made reasonable and diligent efforts to resume the nonconforming use. The application for an extension of time to resume the operation of a nonconforming use shall be filed not less than 30 days prior to the expiration of the four year period within which the nonconforming use may be resumed by right. The application for extension of time shall be noticed and heard, and shall be subject to appeal, in the same manner as an application for a zoning administrator conditional use permit.

   C.   Allowed expansion of nonresidential nonconforming uses. Notwithstanding the provisions of chapter 17.232, a nonconforming nonresidential use may be enlarged within the building it occupies; enlarged; increased to occupy a greater area of land than that occupied by the use at the time the use became nonconforming; or moved in whole or in part to any other portion of the lot or parcel of land occupied by the nonconforming use upon the approval of a zoning administrator conditional use permit pursuant to, and subject to the findings required by, section 17.808.200.

   D.   Change from a nonconforming use to another nonconforming use. Notwithstanding the provisions of section 17.232.090.A, an existing nonconforming use is permitted by right to change to another nonconforming use if the new nonconforming use is listed in Table 1 below. The zoning administrator may approve a conditional use permit pursuant to, and subject to the findings required by, section 17.808.200 to allow a nonconforming use to be changed to another nonconforming use listed in Table 2 below.

 

 

 

 

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   If a building or structure has a deemed approved site plan and design review permit with a deviation from applicable design guidelines and development standards under section 17.232.070, and is damaged or destroyed by disaster, the building or structure may be repaired or reconstructed as provided in sections 17.232.070 and 17.808.410.B, except the repaired or reconstructed building or structure may differ in height, lot coverage, design, or other features if it complies with the development standards for new development in the River District SPD.

   B.   Notwithstanding the provisions of section 17.808.410, the zoning administrator may approve a single extension of time of not more than two years to commence the repair or reconstruction of a damaged or destroyed building or structure within the River District SPD upon a showing of good cause and a determination that the applicant has made reasonable and diligent efforts to commence the repair or reconstruction of the building or structure. The application for extension of time to commence the repair or reconstruction of the building or structure shall be filed not less than 30 days prior to expiration of the two year period for commencement of work under section 17.808.410.B. The application for extension of time shall be noticed and heard, and shall be subject to appeal, in the same manner as an application for a zoning administrator conditional use permit.

   C.   If a nonconforming use of the building or structure existed at the time the building or structure was damaged or destroyed by disaster, the use may be resumed within the time stated in section 17.232.100.A, or not later than six months following issuance of a certificate of occupancy or approval of final inspection of the repair or reconstruction work, whichever is later. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   The Railyards Special Planning District (SPD) establishes procedures to implement the policies, development standards, and design guidelines of the Railyards Specific Plan, which governs reuse of the Railyards site as a transit-oriented mixed-use district. The Railyards Specific Plan designates the land uses within the boundaries of the Rail-yards Specific Plan area and is the primary policy and regulatory document used to guide redevelopment of proper-ties within the Railyards site.

   B.   The goals of the Railyards SPD are to:

      1.   Create, facilitate, and encourage the development of a dynamic 24-hour mixed-use urban environment that provides a range of complementary uses that will make the site a regional destination;

      2.   Create cohesive mixed-use neighborhoods that contain a variety of integrated housing types;

      3.   Protect the historic integrity of the site and ensure that new construction complements existing historic resources and creates a culturally-vibrant, urban community;

      4.   Provide connectivity between the districts within the Railyards SPD, utilizing pedestrian-friendly streetscapes;

      5.   Provide a mixture of transit-oriented uses that complement and support the Sacramento Valley Station and 7th Street transit station;

      6.   Create a sustainable community that utilizes green building technology and renewable energy sources;

      7.   Connect and integrate development with vibrant open space along the Sacramento River; and

      8.   Facilitate infill redevelopment of the Railyards by allowing a broad mixture of uses and flexible development standards, including a range of residential and hotel densities and nonresidential building intensities within each district and land use designation. (Ord. 2021-0011 § 2; Ord. 2016-0045 § 2)

The Railyards SPD consists of approximately 244 acres of land within the Railyards Specific Plan area and is generally bounded by the Sacramento River to the west, North B Street to the north, the Alkali Flat neighborhood to the east, and the existing downtown area to the south. The map in Exhibit A of this chapter sets forth the boundaries of the Railyards SPD. (Ord. 2021-0011 § 3; Ord. 2016-0045 § 2)

Development within the Railyards SPD is subject to the special rules and regulations set forth in this chapter in addition to the other regulations of this title and code. The provisions of this chapter prevail over any conflicting provisions of this title and code. (Ord. 2016-0045 § 2)

   A.   The purpose and scope of site plan and design review is to ensure that development is consistent with the goals, policies, objectives, and other provisions of the Railyards Specific Plan; the Railyards design guidelines; the subsequent environmental impact report and mitigation monitoring program; any applicable development agreement; this title; and all other applicable plans, ordinances, and development regulations.

   B.   In addition to any other requirements for site plan and design review under chapter 17.808, each applicant for a site plan and design review permit under chapter 17.808 shall include with the application a remedial action certification form or other writing from the California Department of Toxic Substances Control (DTSC) demonstrating that:

      1.   Remediation of the soil in the lot to be developed has been completed as required by DTSC;

      2.   A DTSC-approved land use covenant has been recorded against the lot to be developed;

      3.   All soil placed on the lot to be developed meets the remedial goals established by DTSC for that lot and complies with the DTSC-approved land use covenant applicable to that lot; and

      4.   The lot may be developed as proposed in the application. (Ord. 2016-0045 § 2)

   A.   Allowed uses. Except as provided below, the uses allowed in the R-5 zone outside the Railyards SPD are allowed in the R-5 zone inside the Railyards SPD.

   B.   Conditional uses. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the R-5 zone outside the Railyards SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the R-5 zone inside the Railyards SPD.

   C.   Prohibited uses. In addition to the uses prohibited in the R-5 zone outside the Railyards SPD, the following uses are prohibited in the R-5 zone inside the Railyards SPD:

      1.   Cemetery;

      2.   Check-cashing center;

      3.   Correctional facility;

      4.   Golf course; driving range;

      5.   Mobilehome park; and

      6.   Mortuary; crematory.

   D.   Development standards. The development standards applicable to development in the R-5 zone outside the Rail-yards SPD are applicable to development in the R-5 zone inside the Railyards SPD, except as follows:

      1.   Residential density. The minimum density is 61 dwelling units per net acre. The maximum density is 450 dwelling units per net acre.

      2.   Nonresidential uses. Nonresidential uses shall be located on the ground floor only.

      3.   Height. The maximum height is 250 feet, as shown in Exhibit B of this chapter.

      4.   Street wall height. The maximum street wall height is 65 feet, except that all lots that front Railyards Boulevard west of 7th Street have a maximum street wall height of 85 feet.

      5.   Setbacks. A minimum of 75% of the building frontage shall be established along the build-to line. Public open space that is part of or adjacent to building frontage is not calculated in the minimum build-to-line percentage.

      6.   Lot coverage. There is no lot coverage requirement.

      7.   Lot size, width, and depth. There are no lot size, width, or depth requirements. (Ord. 2021-0011 § 4; Ord. 2016-0045 § 2)

   A.   Allowed uses. Except as provided below, the uses allowed in the C-1 zone outside the Railyards SPD are allowed in the C-1 zone inside the Railyards SPD.

   B.   Conditional uses. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the C-1 zone outside the Railyards SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the C-1 zone inside the Railyards SPD.

   C.   Prohibited uses. In addition to the uses prohibited in the C-1 zone outside the Railyards SPD, the following uses are prohibited in the C-1 zone inside the Railyards SPD:

      1.   Bed and breakfast inn;

      2.   Cemetery;

      3.   Check-cashing center;

      4.   Correctional facility;

      5.   Dormitory;

      6.   Drive-in theater;

      7.   Laundromat, self-service;

      8.   Mobilehome park;

      9.   Office; and

      10.   Superstore.

   D.   Development standards. The development standards applicable to development in the C-1 zone outside the Rail-yards SPD are applicable to development in the C-1 zone inside the Railyards SPD, except as follows:

      1.   Floor area ratio. The maximum FAR for a nonresidential or mixed-use building is 1.0 per parcel.

      2.   Height. The maximum height in the C-1 zone is 35 feet, as shown in Exhibit B of this chapter. (Ord. 2021-0011 § 5; Ord. 2016-0045 § 2)

   A.   Allowed uses. Except as provided below, the uses permitted in the C-2 zone outside the Railyards SPD are allowed in the C-2 zone inside the Railyards SPD.

   B.   Conditional use. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the C-2 zone outside the Railyards SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the C-2 zone inside the Railyards SPD.

   C.   Prohibited uses. In addition to the uses prohibited in the C-2 zone outside the Railyards SPD, the following uses are prohibited in the C-2 zone inside the Railyards SPD:

      1.   Auto-service, repair;

      2.   Drive-in theater;

      3.   Drive-through restaurant;

      4.   Equipment rental, sales yard;

      5.   Gas station;

      6.   Mini storage;

      7.   Mobilehome - sales, storage;

      8.   Towing service; vehicle storage yard; and

      9.   Wholesale store and distributor.

   D.   Development standards. The development standards applicable to development in the C-2 zone outside the Rail-yards SPD are applicable to development in the C-2 zone inside the Railyards SPD, except as follows:

      1.   Residential density. The maximum density is 60 dwelling units per net acre.

      2.   Floor area ratio. The maximum FAR for nonresidential and mixed use development is 1.0 per parcel.

      3.   Height. The maximum height is 120 feet, as shown in Exhibit B of this chapter.

      4.   Street wall height. The maximum street wall height is 65 feet. (Ord. 2021-0011 § 6; Ord. 2016-0045 § 2)

   A.   Allowed uses. Except as provided below, the uses permitted in the C-3 zone outside the Railyards SPD are allowed in the C-3 zone inside the Railyards SPD.

   B.   Conditional uses. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the C-3 zone outside the Railyards SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the C-3 zone inside the Railyards SPD.

   C.   Prohibited uses. In addition to the uses prohibited in the C-3 zone outside the Railyards SPD, the following uses are prohibited in the C-3 zone inside the Railyards SPD:

      1.   Auto - service, repair;

      2.   Check-cashing center;

      3.   Correctional facility; and

      4.   Gas station.

   D.   Development standards. The development standards applicable to development in the C-3 zone outside the Rail-yards SPD are applicable to development in the C-3 zone inside the Railyards SPD, except as follows:

      1.   Residential density. The minimum and maximum density requirements for residential development are established in the general plan.

      2.   Floor area ratio. The minimum and maximum FAR requirements for nonresidential and mixed use development are established in the general plan.

      3.   Height. There are no maximum height limits, except as described below and as shown in Exhibit B of this chapter.

         a.   Depot District. The maximum height for buildings located on lot 46 that front 7th Street is 120 feet.

         b.   Central Shops District and Transition Zone.

            i.   The maximum height for buildings on lot 9a is 100 feet.

            ii.   The maximum height for buildings on lot 9b is 85 feet.

            ii.   Except for lot 18, the maximum height for new buildings on lots within the Central Shops Historic District is 24 feet.

            iv.   The maximum height for new buildings on lot 18 is 40 feet.

         c.   West End District. The maximum height for buildings on lots 15a, 15b, 15c, and 15d is 85 feet.

         d.   East End District. The maximum height for buildings on the south side of Railyards Boulevard east of 7th Street is 120 feet.

         e.   Riverfront District. The maximum height for buildings in the Riverfront District is 450 feet subject to a building design with stepped-down heights toward the Sacramento River approved as part of the site plan and design review under chapter 17.808.

      4.   Street wall height. The maximum street wall height is 65 feet, except that the maximum street wall height on lots that front Railyards Boulevard west of 7th Street is 85 feet.

      5.   Setbacks. Except as specified below, a minimum of 75% of the building frontage shall be established along the build-to line and up to 100% of the building frontage may be established along the build-to line. Public open space that is part of or adjacent to building frontage is not calculated in the minimum build-to-line percentage.

         a.   Central Shops Historic District. Street walls and building frontages on lot 9b shall be set back a minimum of 30 feet from any historic structure located on lot 26, as shown in exhibit C of section 17.440.130.

         b.   Riverfront District. Buildings and structures shall be set back a minimum of 80 feet from the property line adjacent to the waterfront. (Ord. 2021-0011 § 7; Ord. 2016-0045 § 2)

   A.   Allowed uses. Except as provided below, the uses allowed in the H zone outside the Railyards SPD are allowed in the H zone inside the Railyards SPD. The following additional uses are allowed in the H zone inside the Railyards SPD:

      1.   Major medical facility. A major medical facility and the ancillary uses identified in subsection A.1.a., below, are allowed in the H zone, subject to the following development and operational standards:

         a.   The major medical facility and ancillary uses may not exceed:

            i.   658,000 square feet of hospital (420 in-patient bed maximum);

            ii.   510,000 square feet of medical clinic or office building;

            iii.   60,000 square feet of central utilities building;

            iv.   3,000 total parking stalls in no more than two parking structures, provided that neither parking structure may contain more than 1,500 stalls; and

            v.   200 permanent surface parking stalls.

         b.   The owner or operator of the major medical facility shall:

            i.   Post in a conspicuous location a sign that includes the name and 24-hour phone number of the person to contact in the event of an emergency involving the facility;

            ii.   Provide and operate a video surveillance system;

            iii.   Maintain onsite security during business hours and cooperate with the police department on security enforcement matters;

            iv.   Take reasonable measures to control the conduct of patients and other invitees;

            v.   Provide evidence satisfactory to the city manager's designee that the owner or operator has adopted and implemented a patient discharge and aftercare policy for the major medical facility that complies with applicable federal and state laws and regulations; and

            vi.   Leave unlocked during business hours any perimeter fence that fully-encloses the major medical facility, except that a fence that fully-encloses the central utilities building may be locked at any time.

         c.   Any material modification of the conditions described in subsection A.1.b. requires a conditional use permit.

         d.   All improvements related to the major medical facility and the ancillary uses are subject to commission-level site plan and design review under chapter 17.808.

      2.   Nonresidential care facility. A nonresidential care facility is allowed if the owner or operator:

         a.   Posts in a conspicuous location a sign that includes the name and 24-hour phone number of the person to contact in the event of an emergency involving the facility; and

         b.   Provides and operates a video surveillance system.

      3.   Produce stand;

      4.   Outdoor market;

      5.   Athletic club; fitness studio;

      6.   Commercial service;

      7.   Restaurant;

      8.   Retail store not exceeding 6,400 square feet; and

      9.   Residential care facility located on lots that front 5th Street. A residential care facility is allowed on a lot that fronts 5th Street if the owner or operator of the residential care facility:

         a.   Provides in a conspicuous location a sign that includes the name and 24-hour phone number of the person to contact in the event of an emergency involving the facility; and

         b.   Provides and operates a video surveillance system.

   B.   Conditional uses.

      1.   Except as provided in subsection B.2., if this title requires the approval of a conditional use permit or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the H zone outside of the Railyards SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the H zone inside the Railyards SPD.

      2.   The following additional uses require approval of a conditional use permit in the H zone inside the Railyards SPD:

         a.   Major medical facility and ancillary uses that exceed the development standards in subsection A.1.a.;

         b.   Hotel; motel;

         c.   Dwelling, multi-unit;

         d.   School, vocational;

         e.   Retail store exceeding 6,400 square feet; and

         f.   Residential care facilities on lots that do not front 5th Street.

   C.   Development standards. The development standards applicable to development in the H zone outside the Rail-yards SPD are applicable to development in the H zone inside the Railyards SPD, except as follows:

      1.   Residential density. The maximum density is 450 dwelling units per net acre.

      2.   Floor area ratio. The minimum and maximum FAR requirements for nonresidential and mixed use development are established in the general plan.

      3.   Height. There is no maximum height limit.

      4.   Street wall height. The maximum street wall height in the H zone is:

         a.   85 feet along Railyards Boulevard.

         b.   125 feet along Bercut Drive.

         c.   125 feet along South Park Street from Bercut Drive to Hopkins Walk.

         d.   65 feet along 5th Street.

         e.   65 feet along South Park Street from Hopkins Walk to 5th Street.

      5.   Setbacks. One hundred percent of the building frontage is allowed along the build-to line.

      6.   Entrances. All vehicular ingress from, and egress to, Railyards Boulevard must be at signalized intersections.

      7.   Parking. A maximum of three parking stalls per in-patient hospital bed and three and one-half parking stalls per 1,000 square feet of medical clinic or office building is allowed. (Ord. 2016-0045 § 2)

The M-2-SPD zone corresponds to the transportation use designation in the Railyards Specific Plan. This zone is intended to regulate land uses around, within, above, and below public transportation corridors to ensure the development is consistent with the Railyards Specific Plan. This zone allows for dense transitoriented development, including retail, office, hotel, and residential uses typical of the Central Business District.

   A.   Allowed uses. Except as provided below, the uses allowed in the M-2 zone outside the Railyards SPD are allowed in the Railyards M-2-SPD zone. The following additional uses are allowed in the Railyards M-2-SPD zone:

      1.   Cinema;

      2.   Commercial service;

      3.   Community garden, public;

      4.   Dwelling, multi-unit;

      5.   Hotel, motel;

      6.   Manufacturing, service, and repair (this use is limited to 6,400 gross square feet and may include incidental, non-nuisance producing processing, packaging, and fabricating entirely within a building)

      7.   Office;

      8.   Passenger terminal;

      9.   Plant nursery (permitted if use is conducted in conjunction with a community garden, public);

      10.   Restaurant; and

      11.   Retail.

   B.   Conditional uses.

      1.   Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the M-2 zone outside the Railyards SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the Railyards M-2-SPD zone.

      2.   Auto rental in the M-2 zone require a conditional use permit approved by the Zoning Administrator in accordance with section 17.808.200.

   C.   Prohibited uses. In addition to the uses prohibited in the M-2 zone outside the Railyards SPD, the following uses are prohibited in the Railyards M-2-SPD zone:

      1.   Adult entertainment business;

      2.   Adult-related establishment;

      3.   Airport;

      4.   Animal slaughter;

      5.   Auto - sales, repair, dismantler;

      6.   Boat dock; marina;

      7.   Cannabis cultivation;

      8.   Cannabis dispensary;

      9.   Cannabis distribution;

      10.   Cannabis manufacturing;

      11.   Cannabis testing;

      12.   Contractor storage yard;

      13.   Cardroom;

      14.   Cemetery;

      15.   Correctional facility;

      16.   Drive-in theater;

      18.   Equipment - rental, sales yard;

      19.   Firearms business;

      20.   Fuel storage yard;

      21.   Gas station;

      22.   Golf course; driving range;

      23.   Gun range; rifle range;

      24.   Hazardous waste facility;

      25.   Heliport; helistop;

      26.   High voltage transmission facility;

      27.   Junk yard;

      28.   Kennel;

      29.   Livestock yard;

      30.   Lumber yard, retail;

      31.   Mini storage; locker building;

      32.   Mobilehome-sales, storage;

      33.   Mobile home park;

      34.   Mortuary, crematory;

      35.   Non-profit organization, meal service facility;

      36.   Non-residential care facility;

      37.   Recycling facility, convenience (includes accessory recycling facility, convenience);

      38.   Solid waste landfill;

      39.   Solid waste transfer station;

      40.   Stand-alone surface parking lot (as defined in section 17.444.020);

      41.   Superstore;

      42.   Surface mining operation;

      43.   Tobacco retailing;

      44.   Towing service; vehicle storage yard;

      45.   Terminal yard, trucking;

      46.   Tractor or heavy truck sales, storage, rental;

      47.   Tractor or heavy truck service, repair;

      48.   Warehouse; distribution center; and

      49.   Well - gas, oil.

   D.   Development standards. The development standards applicable to development in the M-2 zone outside the Rail-yards SPD are applicable to development in the Railyards M-2- SPD zone, except as follows:

      1.   Residential uses. The provisions of this title relating to height, yard, lot coverage/building size, and lot area per dwelling unit requirements for the C-3 zone apply in the Railyards M-2-SPD zone.

      2.   Open space requirements for multi-unit dwellings. Sections 17.600.135.A and 17.600.135.C.2, related to open space for multi-unit dwellings, do not apply within the Railyards M-2-SPD zone. All other provisions of section 17.600.135 apply.

         a.   A combination of private and common open space shall be provided for new multi-unit dwellings at a ratio of 25 square feet of open space per dwelling unit beyond the minimum required front-yard, side-yard, and rear-yard setbacks. Private open space must have a minimum width of 5 feet. Common open space must have a minimum width of 20 feet.

         b.   Notwithstanding subsection 2.a of this section, open space is not required for projects consisting of the conversion of a nonresidential building to a multi-unit dwelling. (Ord. 2021-0011 § 9)

The TC-SPD zone corresponds to the transportation use designation in the Railyards Specific Plan. This zone is intended to regulate land uses around, within, above, and below public transportation corridors to ensure the development is consistent with the Railyards Specific Plan. This zone allows for limited and dense transit-oriented development, including restaurant and retail uses typical of a passenger terminal.

   A.   Allowed uses. Except as provided below, the uses allowed in the TC zone outside the Railyards SPD are allowed in the Railyards TC-SPD zone. The following additional uses are allowed in the Railyards TC-SPD zone:

      1.   Passenger terminal;

      2.   Restaurant; and

      3.   Retail (limited to 40,000 gross square feet; if use exceeds this limitation, a conditional use permit is required).

   B.   Conditional uses.

      1.   Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit, or imposes other restrictions or requirements on the establishment of a particular use in the TC zone outside the Railyards SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the Railyards TC-SPD zone.

      2.   Auto rental in the TC zone require a conditional use permit approved by the Zoning Administrator in accordance with section 17.808.200

      3.   Retail uses exceeding 40,000 gross square feet in the TC zone require a conditional use permit approved by the Planning and Design Commission in accordance with section 17.808.200.

   C.   Prohibited uses. Section 17.224.310.D, related to other uses not specifically listed in section 17.224.310, do not apply within the Railyards SPD. All uses not listed as permitted, accessory, or conditional uses are prohibited in the Railyards TC-SPD zone. The following uses are prohibited in the Railyards TC-SPD zone:

      1.   Contractor storage yard;

      2.   Correctional facility;

      3.   Drive-in theater;

      4.   Drive-through restaurant (includes accessory drive-through facility);

      5.   Golf course; driving range;

      6.   Heliport; helistop;

      7.   High voltage transmission facility;

      8.   Home occupation;

      9.   Kennel;

      10.   Recycling facility, convenience (includes accessory recycling facility, convenience);

      11.   Solid waste landfill;

      12.   Solid waste transfer station;

      13.   Surface mining operation;

      14.   Temporary residential shelter;

      15.   Tobacco retailing;

      16.   Veterinary clinic; veterinary hospital; and

      17.   Well - gas, oil.

   D.   Change of use to existing buildings in the TC zone. Section 17.224.310.E, related to change of use to existing build-ings in the TC zone, do not apply within the Railyards SPD. A conditional use permit by the Zoning Administrator is required for the construction of new buildings and land use changes in the TC zone. Land use changes for existing buildings in the TC zone are subject to site plan and design review only if the land use is permitted by right in the General Commercial (C-2) zone.

   E.   Development standards. Section 17.224.320, related to development standards specific to the TC zone, do not apply within the Railyards SPD. Notwithstanding section 17.224.320 of this title, height, setbacks, parking, landscaping, signage, exterior building materials, lighting, and mechanical/utility/communications equipment shall be reviewed and approved as a part of the site plan and design review process in the Railyards TC- SPD zone. (Ord. 2021-0011 § 10)

   A.   The city, in its sole discretion, may deem land under the Interstate 5 freeway within the Railyards SPD as satisfying the requirements of a buildable acre as defined in section 17.512.020.B.2.

   B.   If the property to be subdivided within the Railyards SPD is subject to a valid and enforceable development agreement, the city, in its sole discretion, may reduce the obligation to dedicate land pursuant to the factor established under section 17.512.020.B.3 and calculated by the formula in section 17.512.040. (Ord. 2021-0011 § 11; Ord. 2016-0045 § 2)

   A.   Design review. The Railyards SPD is included in the Railyards design review district. Design review is required for all development in the Railyards SPD that is not subject to review under subsection B. Design review is conducted under the site plan and design review process in chapter 17.808.

   B.   Preservation review. All development within the Central Shops Historic District and Water Tower lot 4e is subject to preservation review conducted as site plan and design review under chapter 17.808. In addition, the preservation director shall review the following and forward recommendations for conditions and design modifications to the urban design manager:

      1.   Projects within the Central Shops transition zone (generally bounded by Camille Lane, 5th Street, the relocated rail easement, and Interstate 5 and as shown in Exhibit C of this chapter); and

      2.   Buildings on Lot 4d that front Water Tower Lot 4e.

   C.   Application -Submittal. The applicant shall submit an application and plans in conformance with chapter 17.800. Each application must include a report demonstrating that the proposed development is fully compliant with the Railyards Specific Plan subsequent environmental impact report and mitigation monitoring program. (Ord. 2021-0011 § 12; Ord. 2016-0045 § 2)

Notwithstanding the provisions of chapter 10.44, it is not unlawful to park a vehicle on an unimproved or vacant parcel within the Railyards SPD if the parcel is subject to a valid and enforceable development agreement that addresses parking on the unimproved or vacant parcel. (Ord. 2016-0045 § 2)

(Ord. 2021-0011 § 14)

   A.   The Entertainment and Sports Center special planning district (ESC SPD) provides specific development procedures in recognition of the unique position of the surrounding property to the city's Entertainment and Sports Center. This SPD intends to further the city's goals of urban infill through facilitating and encouraging the development of the district and surrounding properties, by limiting certain uses, providing site specific development standards, and providing a streamlined approval process.

The ESC SPD will regulate uses, permit approval processes, and will regulate development standards for the physical development of the property, along with the Central City Urban Design Guidelines.

   B.   The goals of the ESC SPD are to:

      1.   Develop up to 1.5 million square feet of mixed-use development (office, hotel, retail, and residential);

      2.   Develop property in a manner to respond to, support, and further the unique site conditions and adjacency to the Entertainment and Sports Center;

      3.   Ensure on-site architectural design themes are able to be creative and forward-thinking while being compatible with surrounding developed properties;

      4.   Provide north-south and east-west connections from public streets into the plaza surrounding the entertainment and sports center to connect the downtown core and create view corridors and pedestrian access;

      5.   Provide safe, dynamic, and attractive mixed-use development to encourage 24-hour activities that support an active streetscape and strengthen connections between the waterfront, the Convention Center, the Capitol, and the Railyards and intermodal facilities;

      6.   Provide facilities that complement a variety of transportation modes including public transit, bicycling, walk-ing, and driving;

      7.   Discourage uses that contribute to visual or economic blight;

      8.   Promote aesthetic improvements to the area by implementing development standards and the Central City Urban Design Guidelines. (Ord. 2014-0014 § 1)

The ESC SPD is within the Central City, and generally bounded by 3rd Street to the west, J Street to the north, 7th Street to the east, and L Street to the south. Exhibit A provides a specific diagram of the ESC SPD boundaries. (Ord. 2014-0014 § 1)

Development within the ESC SPD area shall be subject to the special rules and regulations set forth in this chapter, in addition to the other regulations of this title and code. The provisions of this chapter prevail over any conflicting provisions of this title or code. (Ord. 2014-0014 § 1)

   A.   Permitted uses. Except as provided below, the uses permitted within the ESC SPD are the same as the allowed uses within the C-3 zone.

      1.   Retail store. There is no conditional use permit requirement related to the size of a retail store.

   B.   Conditional uses. The following uses require approval of a conditional use permit by the planning director, subject to chapter 17.808 and the limitations specified:

 

 

   C.   Prohibited uses. In addition to the uses prohibited within the C-3 zone, the following uses are prohibited in the ESC SPD:

      1.   Adult entertainment business.

      2.   Auto service and repair.

      3.   Boat dock; marina.

      4.   Check-cashing center.

      5.   Correctional facility.

      6.   Gas station.

      7.   High voltage transmission facility.

      8.   Mortuary; crematory.

      9.   Transit vehicle: service, repair, storage.

      10.   Well: gas, oil.

   D.   Ground-floor retail requirement. The following uses are added to Table 1: Retail, Pedestrian, and Personal Service Classifications (section 17.216.820), within the ESC SPD.

      1.   Sports complex.

      2.   Hotel, office, or residential entrance and/or lobby area.

      3.   Open space/public plaza. (Ord. 2025-0007 § 29; Ord. 2019-0027 § 25; Ord. 2014-0014 § 1)

   A.   Development within the ESC SPD area is subject to the development standards and design requirements established in the ESC SPD and the Central City Urban Design Guidelines. To the extent there are conflicts between the Central City Urban Design Guidelines, and the development standards within the ESC SPD, the development standards in the ESC SPD shall control. The below development standards specifically apply to development within the ESC SPD:

      1.   Bicycle parking requirements. A project applicant within the ESC SPD shall be subject to the city's bicycle parking requirements. Subject to approval from the planning director, the applicant may request a deviation to the number of required spaces if the applicant can demonstrate that there is existing excess bicycle parking capacity within the SPD area or within the surrounding block. (Ord. 2014-0014 § 1)

   A.   The purpose of the approval process set forth herein is to further streamline the development process for projects that are consistent with the applicable planning and development requirements. The appropriate hearing body shall exercise its discretion to find whether development is consistent with the goals, policies, objectives and other provisions of the ESC environmental impact report and mitigation monitoring plan or any required subsequent environmental review, any applicable development agreement, this title, and all other applicable plans, ordinances, and development regulations, and is compatible with surrounding development.

   B.   Site plan and design review. Site plan and design review within the ESC SPD shall be consistent with the process established in chapter 17.808. (Ord. 2014-0014 § 1)

Notwithstanding the provisions of Title 16 or any other provisions of this code to the contrary, the planning director shall hear and take action on all tentative subdivision maps, tentative parcel maps and tentative master parcel maps, including requests for subdivision modifications relating to the tentative map, for property within the ESC SPD. The planning director shall comply with the provisions of Title 16 relating to notice, hearing, findings, and all other relevant procedural matters. Appeal from a decision of the planning director on a tentative map or subdivision modification shall be processed and heard in the same manner as an appeal from a zoning administrator action on a tentative parcel map. (Ord. 2014-0014 § 1)

The Central City Special Planning District (SPD) establishes regulations governing development within area. The goals of the Central City SPD are to:

   1.   Maintain and improve the character, quality, and vitality of the neighborhoods within the Central City SPD;

   2.   Create cohesive mixed-use neighborhoods that contain a variety of housing types;

   3.   Provide an opportunity for a balanced mix of uses in neighborhoods adjacent to transit facilities and transportation corridors; and

   4.   Facilitate infill redevelopment by allowing a broad mix of uses and flexible development standards. (Ord. 2018-0013 § 8)

The following definitions apply in this chapter:

   "R Street Corridor" means the 54 blocks bounded by Q Street on the north, S Street on the south, 2nd Street on the west, and 29th Street on the east, as shown on Exhibit B in section 17.444.150.

   "Stand-alone surface parking lot" means a stand-alone parking lot with parking spaces on only one level at grade with the immediately adjacent properties or right-of-way. (Ord. 2018-0013 § 8)

The boundaries of the Central City SPD are shown on Exhibit A in section 17.444.150. It is generally bounded by the American River on the north, Broadway on the south, the Sacramento River on the west, and Business 80 on the east, and excludes the area within the Entertainment and Sports Center Special Planning District as defined in chapter 17.442. (Ord. 2018-0013 § 8)

Development within the Central City SPD is subject to the regulations set forth in this chapter in addition to the other regulations of this title and the applicable design guidelines. To the extent there are conflicts between the provisions of this chapter and other regulations or guidelines, the provisions of this chapter control. (Ord. 2018-0013 § 8)

   A.   Sections 17.600.135.A and 17.600.135.C.2, related to open space for multi-unit dwellings, do not apply within the Central City SPD. All other provisions of section 17.600.135 apply.

   B.   The following open space districts are established within the Central City SPD and shown on Exhibit C in section 17.444.150: Central Business Open Space District, Urban Open Space District, Traditional Open Space District, and Suburban Open Space District. Within these open space districts, open space shall be provided as follows:

      1.   Central Business Open Space District. No private or common open space is required.

      2.   Urban Open Space District. A combination of private and common open space shall be provided for new multi-unit dwellings at a ratio of 25 square feet of open space per dwelling unit beyond the minimum required front-yard, side-yard, and rear-yard setbacks. Private open space must have a minimum depth of 3 feet. Common open space must have a minimum width or depth of 20 feet.

      3.   Traditional Open Space District. A combination of private and common open space shall be provided for new multi-unit dwellings at a ratio of 50 square feet of open space per dwelling unit beyond the minimum required front-yard, side-yard, and rear-yard setbacks. Private open space must have a minimum depth of 3 feet. Common open space must have a minimum width or depth of 20 feet.

      4.   Suburban Open Space District. A combination of private and common open space shall be provided for new multi-unit dwellings at a ratio of 100 square feet of open space per dwelling unit beyond the minimum required front-yard, side-yard, and rear-yard setbacks. Private open space must have a minimum depth of 3 feet. Common open space must have a minimum width or depth of 20 feet.

   C.   Notwithstanding subsection B of this section, open space is not required for projects consisting of the conversion of either—

      1.   A nonresidential building to a multi-unit dwelling; or

      2.   A multi-unit dwelling to a duplex with one or more accessory dwelling units or junior accessory dwelling units. (Ord. 2024-0017 § 53; Ord. 2021-0024 § 30; Ord. 2018-0013 § 8)

   A.   Section 17.604.740, related to preservation incentives-adaptive reuse density, does not apply within the Central City SPD.

   B.   An applicant may elect to comply with either the density provisions of the applicable zone or the following:

      1.   The development project consists of the residential reuse of a nonresidential listed historic resource;

      2.   The adaptive reuse density applies only to that portion of the development project located within the original building envelope of the listed historic resource; and

      3.   The adaptive reuse density does not exceed one dwelling unit per 350 square feet of gross floor area within the original building envelope of the listed historic resource. (Ord. 2018-0013 § 8)

   A.   Allowed uses. Except as provided below, the uses allowed in the OB zone outside the Central City SPD are allowed in the OB zone inside the Central City SPD.

   B.   Conditional uses.

      1.   Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit or imposes other restrictions or requirements on the establishment of a particular use in the OB zone outside the Central City SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the OB zone inside the Central City SPD.

      2.   Office uses exceeding 6,400 square feet within the R Street Corridor require a conditional use permit approved by the Planning and Design Commission in accordance with section 17.808.200.

   C.   Prohibited uses. The following uses are prohibited within one-half mile from the center of a light rail station platform or one-half mile from the streetcar line as shown on Exhibit A in section 17.444.150:

      1.   Stand-alone surface parking lot;

      2.   Auto-sales, storage, rental that includes inventory that is displayed outdoors;

      3.   Drive-through restaurant;

      4.   Equipment rental, sales yard;

      5.   Gas station;

      6.   Mini-storage;

      7.   Towing service, vehicle storage yard; and

      8.   Accessory drive-through facility.

   D.   Height.

      1.   Generally. Except as provided in subsections D.2 and D.3, the maximum height of any building or structure is 65 feet.

      2.   R Street Corridor. Except as provided in subsection D.3, the maximum height of any building or structure within the R Street Corridor is shown on Exhibit D in section 17.444.150.

      3.   Transitional height.

         a.   The maximum height of any building or structure or portion of a building or structure within 39 feet of an R-1, R-1B, or R-2 zone is 45 feet.

         b.   The maximum height of any building or structure or portion of a building or structure within 40-79 feet of an R-1, R-1B, or R-2 zone is 55 feet.

   E.   Floor area ratio (FAR). The minimum FAR for nonresidential and mixed use development is 0.4 unless:

      1.   The use does not include a building or the use, by its nature, normally conducts a substantial amount of its operations outdoors; or

      2.   The use is temporary and would not interfere with the long-term development of the site consistent with the FAR standard.

   F.   Density. The maximum density is 65 dwelling units per net acre.

   G.   Parking. The maximum allowable parking spaces for industrial and commercial uses within the parking districts established in section 17.608.030 are as follows:

      1.   Central Business and Arts & Entertainment - one parking space per 400 gross square feet of building devoted to industrial and commercial uses;

      2.   Urban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses;

      3.   Traditional - one parking space per 250 gross square feet of building devoted to industrial and commercial uses; and

      4.   Suburban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses. (Ord. 2018-0013 § 8)

   A.   Allowed uses. Except as provided below, the uses allowed in the C-1 zone outside the Central City SPD are allowed in the C-1 zone inside the Central City SPD.

   B.   Conditional uses. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit or imposes other restrictions or requirements on the establishment of a particular use in the C-1 zone outside the Central City SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the C-1 zone inside the Central City SPD.

   C.   Prohibited uses. The following uses are prohibited in the C-1 zone inside the Central City SPD within one-half mile from the center of a light rail station platform or one-half mile from the streetcar line as shown on Exhibit A in section 17.444.150:

      1.   Stand-alone surface parking lot;

      2.   Auto-sales, storage, rental that includes inventory that is displayed outdoors;

      3.   Drive-through restaurant;

      4.   Equipment rental, sales yard;

      5.   Gas station;

      6.   Mini-storage;

      7.   Towing service, vehicle storage yard; and

      8.   Accessory drive-through facility.

   D.   Parking. The maximum allowable parking spaces for industrial and commercial uses within the parking districts established in section 17.608.030 are as follows:

      1.   Central Business and Arts & Entertainment - one parking space per 400 gross square feet of building devoted to industrial and commercial uses;

      2.   Urban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses;

      3.   Traditional - one parking space per 250 gross square feet of building devoted to industrial and commercial uses; and

      4.   Suburban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses. (Ord. 2018-0013 § 8)

   A.   Allowed uses. Except as provided below, the uses allowed in the C-2 zone outside the Central City SPD are allowed in the C-2 zone inside the Central City SPD.

   B.   Conditional uses. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit or imposes other restrictions or requirements on the establishment of a particular use in the C-2 zone outside the Central City SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the C-2 zone inside the Central City SPD.

   C.   Prohibited uses. The following uses are prohibited in the C-2 zone inside the Central City SPD within one-half mile from the center of a light rail station platform or one-half mile from the streetcar line as shown on Exhibit A in section 17.444.150:

      1.   Stand-alone surface parking lot;

      2.   Auto-sales, storage, rental that includes inventory that is displayed outdoors;

      3.   Drive-through restaurant;

      4.   Equipment rental, sales yard;

      5.   Gas station;

      6.   Mini-storage;

      7.   Towing service, vehicle storage yard; and

      8.   Accessory drive-through facility.

   D.   Height.

      1.   Generally. Except as provided in subsections D.2 and D.3, the maximum height of any building or structure is 85 feet.

      2.   R Street Corridor. Except as provided in subsection D.3, the maximum height of any building or structure within the R Street Corridor is shown on Exhibit D in section 17.444.150.

      3.   Transitional height.

         a.   The maximum height of any building or structure, or portion of a building or structure, within 39 feet of an R-1, R-1B, R-2, or R-3A zone is 45 feet.

         b.   The maximum height of any building or structure, or portion of a building or structure, within 40-79 feet of an R-1, R-1B, or R-2 zone is 55 feet.

         c.   The maximum height of any building or structure, or portion of a building or structure, within 40-79 feet of an R-3A zone is 65 feet.

   E.   Floor area ratio (FAR). The minimum FAR for nonresidential and mixed use development is 0.4 unless:

      1.   The use does not include a building or the use, by its nature, normally conducts a substantial amount of its operations outdoors; or

      2.   The use is temporary and would not interfere with the long-term development of the site consistent with the FAR standard.

   F.   Parking. The maximum allowable parking spaces for industrial and commercial uses within the parking districts established in section 17.608.030 are as follows:

      1.   Central Business and Arts & Entertainment - one parking space per 400 gross square feet of building devoted to industrial and commercial uses;

      2.   Urban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses;

      3.   Traditional - one parking space per 250 gross square feet of building devoted to industrial and commercial uses; and

      4.   Suburban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses. (Ord. 2018-0013 § 8)

   A.   Allowed uses. Except as provided below, the uses allowed in the C-3 zone outside the Central City SPD are allowed in the C-3 zone inside the Central City SPD.

   B.   Conditional uses. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit or imposes other restrictions or requirements on the establishment of a particular use in the C-3 zone outside the Central City SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the C-3 zone inside the Central City SPD.

   C.   Prohibited uses. The following uses are prohibited in the C-3 zone inside the Central City SPD within one-half mile from the center of a light rail station platform or one-half mile from the streetcar line as shown on Exhibit A in section 17.444.150:

      1.   Stand-alone surface parking lot;

      2.   Auto-sales, storage, rental that includes inventory that is displayed outdoors;

      3.   Drive-through restaurant;

      4.   Equipment rental, sales yard;

      5.   Gas station;

      6.   Mini-storage;

      7.   Towing service, vehicle storage yard; and

      8.   Accessory drive-through facility.

   D.   Floor area ratio (FAR). The minimum FAR for nonresidential and mixed use development is 0.4 unless:

      1.   The use does not include a building or the use, by its nature, normally conducts a substantial amount of its operations outdoors; or

      2.   The use is temporary and would not interfere with the long-term development of the site consistent with the FAR standard.

   E.   Parking. The maximum allowable parking spaces for industrial and commercial uses within the parking districts established in section 17.608.030 are as follows:

      1.   Central Business and Arts & Entertainment - one parking space per 400 gross square feet of building devoted to industrial and commercial uses;

      2.   Urban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses;

      3.   Traditional - one parking space per 250 gross square feet of building devoted to industrial and commercial uses; and

      4.   Suburban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses. (Ord. 2024-0051 § 24; Ord. 2018-0013 § 8)

   A.   Allowed uses. Except as provided below, the uses allowed in the C-4 zone outside the Central City SPD are allowed in the C-4 zone inside the Central City SPD.

   B.   Conditional use. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit or imposes other restrictions or requirements on the establishment of a particular use in the C-4 zone outside the Central City SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the C-4 zone inside the Central City SPD.

   C.   Prohibited uses. The following uses are prohibited in the C-4 zone inside the Central City SPD within one-half mile from the center of a light rail station platform or one-half mile from the streetcar line as shown on Exhibit A in section 17.444.150:

      1.   Stand-alone surface parking lot;

      2.   Auto-sales, storage, rental that includes inventory that is displayed outdoors;

      3.   Drive-through restaurant;

      4.   Equipment rental, sales yard;

      5.   Gas station;

      6.   Mini-storage;

      7.   Towing service, vehicle storage yard; and

      8.   Accessory drive-through facility.

   D.   Floor area ratio (FAR). The minimum FAR for nonresidential and mixed use development is 0.4 unless:

      1.   The use does not include a building or the use, by its nature, normally conducts a substantial amount of its operations outdoors; or

      2.   The use is temporary and would not interfere with the long-term development of the site consistent with the FAR standard.

   E.   Parking. The maximum allowable parking spaces for industrial and commercial uses within the parking districts established in section 17.608.030 are as follows:

      1.   Central Business and Arts & Entertainment - one parking space per 400 gross square feet of building devoted to industrial and commercial uses;

      2.   Urban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses;

      3.   Traditional - one parking space per 250 gross square feet of building devoted to industrial and commercial uses; and

      4.   Suburban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses. (Ord. 2018-0013 § 8)

   A.   Allowed uses. Except as provided below, the uses allowed in the RMX zone outside the Central City SPD are allowed in the RMX zone inside the Central City SPD.

   B.   Conditional uses. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit or imposes other restrictions or requirements on the establishment of a particular use in the RMX zone outside the Central City SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the RMX zone inside the Central City SPD.

   C.   Prohibited uses. The following uses are prohibited in the RMX zone inside the Central City SPD within one-half mile from the center of a light rail station platform or one-half mile from the streetcar line as shown on Exhibit A in section 17.444.150:

      1.   Stand-alone surface parking lot;

      2.   Auto-sales, storage, rental that includes inventory that is displayed outdoors;

      3.   Drive-through restaurant;

      4.   Equipment rental, sales yard;

      5.   Gas station;

      6.   Mini-storage;

      7.   Towing service, vehicle storage yard;

      8.   Accessory drive-through facility.

   D.   Height.

      1.   Generally. Except as provided in subsections D.2 and D.3, the maximum height of any building or structure is 65 feet.

      2.   R Street Corridor. Except as provided in subsection D.3, the maximum height of any building or structure within the R Street Corridor is shown on Exhibit D in section 17.444.150.

      3.   Transitional height.

         a.   The maximum height of any building or structure, or portion of a building or structure within 39 feet of an R-1, R-1B, or R-2 zones is 45 feet.

         b.   The maximum height of any building or structure, or portion of a building or structure, within 40-79 feet of an R-1, R-1B, or R-2 zone is 55 feet.

   E.   Floor area ratio (FAR). The minimum FAR for nonresidential and mixed use development is 0.4 unless:

      1.   The use does not include a building or the use, by its nature, normally conducts a substantial amount of its operations outdoors; or

      2.   The use is temporary and would not interfere with the long-term development of the site consistent with the FAR standard.

   F.   Density in the R Street Corridor. On sites less than one-quarter mile of the center from a light rail station platform, the minimum density is 30 dwelling units per net acre and the maximum density is 100 dwelling units per net acre. Residential density may exceed 100 dwelling units per net acre if authorized by a conditional use permit approved by the planning and design commission.

   G.   Parking. The maximum allowable parking spaces for industrial and commercial uses within the parking districts established in section 17.608.030 are as follows:

      1.   Central Business and Arts & Entertainment - one parking space per 400 gross square feet of building devoted to industrial and commercial uses;

      2.   Urban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses;

      3.   Traditional - one parking space per 250 gross square feet of building devoted to industrial and commercial uses; and

      4.   Suburban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses. (Ord. 2018-0013 § 8)

   A.   Allowed uses. Except as provided below, the uses allowed in the M-1 zone outside the Central City SPD are allowed in the M-1 zone inside the Central City SPD.

   B.   Conditional uses. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit or imposes other restrictions or requirements on the establishment of a particular use in the M-1 zone outside the Central City SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the M-1 zone inside the Central City SPD.

   C.   Prohibited uses. The following use is prohibited in the M-1 zone inside the Central City SPD within one-half mile from the center of a light rail station platform or one-half mile from the streetcar line as shown on Exhibit A in section 17.444.150:

      1.   Stand-alone surface parking lot;

      2.   Auto-sales, storage, rental that includes inventory that is displayed outdoors;

      3.   Drive through restaurant;

      4.   Equipment rental, sales yard;

      5.   Gas station;

      6.   Mini-storage;

      7.   Towing service, vehicle storage yard;

      8.   Accessory drive-through facility.

   D.   Temporarily Prohibited Uses. A residential use adjacent to a major industrial employer is prohibited. For purposes of this subsection D, "major industrial employer" means a private industrial or manufacturing employer with over 1,000,000 square feet of space. This subsection D shall remain in effect until October 30, 2018 or until design guidelines for housing adjacent to a major industrial employer are adopted by the City, whichever occurs first.

   E.   Parking. The maximum allowable parking spaces for industrial and commercial uses within the parking districts established in section 17.608.030 are as follows:

      1.   Central Business and Arts & Entertainment - one parking space per 400 gross square feet of building devoted to industrial and commercial uses;

      2.   Urban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses;

      3.   Traditional - one parking space per 250 gross square feet of building devoted to industrial and commercial uses; and

      4.   Suburban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses. (Ord. 2018-0013 § 8)

   A.   Allowed uses. Except as provided below, the uses allowed in the M-2 zone outside the Central City SPD are allowed in the M-2 zone inside the Central City SPD.

   B.   Conditional uses. Except as provided in this section, if this title requires the approval of a conditional use permit or other discretionary permit or imposes other restrictions or requirements on the establishment of a particular use in the M-2 zone outside the Central City SPD, approval of the same discretionary permit and compliance with the same restrictions or requirements are required for the use in the M-2 zone inside the Central City SPD.

   C.   Prohibited uses. The following uses are prohibited in the M-2 zone inside the Central City SPD:

      1.   Fuel storage yard; and

      2.   The following uses if located within one-half mile from the center of a light rail station platform or one-half mile from the streetcar line as shown on Exhibit A in section 17.444.150:

         i.   Stand-alone surface parking lot;

         ii.   Auto-sales, storage, rental that includes inventory that is displayed outdoors;

         iii.   Drive-through restaurant;

         iv.   Equipment rental, sales yard;

         v.   Gas station;

         vi.   Mini-storage;

         vii.   Towing service, vehicle storage yard;

         viii.   Accessory drive-through facility.

   D.   Parking. The maximum allowable parking spaces for industrial and commercial uses within the parking districts established in section 17.608.030 are as follows:

      1.   Central Business and Arts & Entertainment - one parking space per 400 gross square feet of building devoted to industrial and commercial uses;

      2.   Urban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses;

      3.   Traditional - one parking space per 250 gross square feet of building devoted to industrial and commercial uses; and

      4.   Suburban - one parking space per 250 gross square feet of building devoted to industrial and commercial uses. (Ord. 2018-0013 § 8)

(Ord. 2021-0011 § 15; Ord. 2020-0034 § 2; Ord. 2018-0013 § 8)

The Freeport special planning district (SPD) encompasses the area that was formerly the town of Freeport, located on the southwestern edge of the city, on the eastern bank of the Sacramento River. The area consists primarily of residential homes and neighborhood-scale retail businesses, including restaurants, a grocery, offices, bait shops, and a marina. These uses, as a whole, give Freeport a unique and historic Sacramento River delta river town character. The purpose of the Freeport SPD is to protect this character, minimize the intrusion of incompatible design and inappropriate uses, and ensure that future development is consistent with the existing character.

The Freeport SPD is intended to establish development standards to implement the goals and policies of the South Area Community Plan and the general plan.

These standards further the following goals:

   A.   Retain the "delta river town" identity and unique historical characteristics of Freeport;

   B.   Improve the level of municipal services to the area;

   C.   Guide future development in the SPD to ensure that it will integrate and reinforce the existing character; and

   D.   Promote the preservation of historic structures and features. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The Freeport SPD applies to that area of the southwestern portion of the city of Sacramento formerly known as the town of Freeport, and generally located south of Pocket/Meadowview Road, north of the southernmost boundary of the city-owned Bartley Cavanaugh Golf Course, and between the Sacramento River on the west, and, on the east, the eastern boundary of the town of Freeport as it existed at the time of annexation into the city, as depicted in the map in Exhibit A at the end of this section.

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Development within the Freeport SPD is subject to the requirements and restrictions of this chapter in addition to those of the underlying zoning district. The provisions of this chapter prevail over any conflicting provisions of this title.

   B.   Notwithstanding any other provision of this chapter, uses existing on the effective date of the ordinance first establishing the Freeport SPD are considered conforming uses. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Except as otherwise provided in subsections B and C, uses permitted in the underlying zone outside of the Freeport SPD are permitted in the Freeport SPD. If this title requires the approval of a conditional use permit or other discretionary entitlement to establish a use in the underlying zone outside of the Freeport SPD, approval of the same discretionary entitlement is required to establish the use in the underlying zone within the Freeport SPD.

   B.   Conditional uses. The following uses are permitted in the Freeport SPD upon approval of a conditional use permit by the planning and design commission in accordance with the requirements of chapter 17.808:

      1.   Boat sales, service and repair, storage and rental; and

      2.   Retail stores greater than 15,000 square feet.

   C.   Additional prohibited uses in the Freeport SPD. In addition to the uses prohibited in the underlying zone outside of the Freeport SPD, the following uses are prohibited in all zones within the Freeport SPD:

      1.   Auto-sales, storage, rental;

      2.   Auto-service and repair;

      3.   Check-cashing center;

      4.   Drive-through service facility;

      5.   Mini storage; locker building; and

      6.   Towing service; vehicle storage yard. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

All development in the Freeport SPD, including the expansion of existing buildings, is subject to site plan and design review in accordance with chapter 17.808. No application for development in the Freeport SPD is complete until a pre-application meeting with planning staff has been conducted on the proposed development. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The following development standards apply to all development, including the expansion of existing buildings, within the Freeport SPD:

   A.   Setbacks. Setbacks for new structures are determined during the site plan and design review process. Setbacks must be consistent with existing development adjacent to, and in the vicinity of, the new structure. Projects with frontage on Freeport Boulevard must have setbacks sufficient to incorporate shade trees or planters into the project design.

   B.   Fences. Fences shall be designed to encourage free and safe pedestrian and bicycle movement between uses. New fences shall be constructed of masonry, wrought iron, or other materials consistent and compatible with the materials and architecture of adjacent buildings. No cyclone, concertina, or wire fences are permitted where visible from the public right-of-way, except that wire fencing may be installed on properties used for agricultural purposes.

   C.   Trees. Development projects shall be designed to preserve the existing healthy trees in the landscaping of the development, to the extent feasible.

   D.   Building and site design. Development shall be designed to integrate and relate to the existing construction and development in the town, including attention to the height, location, shape, and proportion of structures; parking; and the scale of the projects.

      1.   Entrances to buildings should address the street;

      2.   Rear and side elevations visible from roads or public areas shall be designed with such visibility in mind;

      3.   Blank walls are discouraged on elevations which face streets or public areas;

      4.   Elevations shall be broken with reveals, recesses, trim elements, and other architectural features to provide visual interest; and

      5.   Roofs shall be articulated to provide varied rooflines.

   E.   Loading docks and service areas.

      1.   Loading docks and service areas shall be screened from view by site planning, landscaping, or walls.

      2.   Loading docks proposed as part of future commercial development within the Freeport SPD shall be located as far as practicable from existing residences.

      3.   Diesel trucks shall be immediately shut off when docking is completed to avoid establishing a toxic hot spot.

   F.   Solid waste, recycling, and energy conservation. Solid waste and recycling enclosures shall be screened from view. Floor plans and internal features shall be designed to facilitate recycling, including recycling enclosures.

   G.   Mechanical equipment. Heating, cooling, antennas, and air conditioning equipment, including fans or similar devices, may be placed on the building roof, provided they are sufficiently screened from view. Mechanical equipment shall be installed consistent with the Comprehensive Flood Management Plan.

   H.   Building materials and colors.

      1.   Materials. Building façades shall be finished with materials in a variation of textures and colors to avoid blank façades and to diminish the massing effect of the structure.

      2.   Architectural features such as awnings, overhangs, arcades, and other similar enhancements are encouraged and are allowed within setbacks and within the sidewalk portion of the public street or other right-of-way, subject to all applicable requirements, including an encroachment permit.

      3.   Acceptable roofing materials include wood shake, clay and concrete tile, composition shingles, and standing seam non-reflective metal.

      4.   Variety in building façades shall be achieved, in part, by using a variety of colors. Building colors and materials shall add to the visual interest of the buildings. Innovative colors and textures may be used, with brighter and more radiant color choices used primarily for accent or trim purposes, or detailing relating to pedestrian areas.

   I.   The visual impact of parking areas should be reduced by integrating landscaping, hedges, berming or swales, planted islands, and fingers into the parking area as well as the perimeter.

   J.   Signage. Notwithstanding chapter 15.148, the design, location, size, and type of signage proposed for each development project is subject to review and approval during the plan review process and may be subject to conditions necessary to ensure the purpose and intent of this chapter.

   K.   Lighting.

      1.   Lighting shall not produce hazardous or annoying glare to motorists, building occupants, adjacent residents, or the public.

      2.   Lighting shall be designed to provide safety, comfort, and security for occupants of the development and the public.

      3.   Lighting shall be oriented away from adjacent properties within the SPD, and shall not produce a glare or re-flection or any nuisance, inconvenience, or hazardous interference on adjoining streets or property. The source of the light shall not be visible from adjacent property or a public street. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The purpose of this chapter is to provide for greater flexibility in the design of integrated developments than otherwise possible through strict application of zoning regulations. It is the intent of this chapter to encourage the design of well-planned facilities that offer a variety of housing or other land uses through creative and imaginative planning, among them the following types of developments:

   A.   Residential. Residential subdivision developments that may include a variety of housing types and site plans, accessible open "green spaces," or common recreational areas, an attractive and well-oriented community meeting place or recreational facility, and other features of substantial benefit to a viable and balanced community;

   B.   Residential-business development. Mixed residential-business developments combining apartments, convenience shopping facilities, motel-hotel combinations, offices, commercial recreation facilities, or other compatible uses grouped in a well-designed and coordinated site development; and

   C.   Industrial development. Well-designed and controlled groupings of research, service, or light industrial uses within an area containing visual and operational amenities and features, such as selective occupancies, setbacks, land-scaping, and bulk and building material controls. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   General criteria.

      1.   This chapter is intended to be used for large acreage developments capable of achieving the distinct environmental characteristics intended by the planned unit development criteria set forth in section 17.452.030.

      2.   This chapter is not intended to increase the development potential of property merely by increasing project density contrary to the regulations imposed by the zoning applicable to the property.

      3.   This chapter is not intended to be used solely to create a development potential for small or difficult parcels of property created or remaining as a result of subdividing, freeway construction, or other contributing factors.

      4.   This chapter is not intended to be used to create incompatible uses within a general neighborhood, notwithstanding the quality of the particular planned unit development proposed.

   B.   Issuance of building permits. A building permit shall not be issued for any building or structure within the boundaries of a planned unit development until the plans submitted for the building permit have been reviewed by the planning director to determine if the plans conform to the schematic plan and development guidelines adopted for the planned unit development and the site plan and design review approved for the project. No building or structure within a planned unit development may be occupied until an inspection of the project has been made by the planning director to see that all conditions of the site plan and design review have been satisfied.

   C.   Authority to adopt rules. Without limiting in any way the general and implied authority of the planning and design commission to adopt rules and statements of policy and guidance for the administration of other provisions of this title, the planning and design commission may by resolution adopt such rules and regulations not inconsistent with the provisions of this chapter as it deems necessary or desirable to carry out the purpose and intent of this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The planned unit development ("PUD") designation appearing on the official zoning map means the property is subject to the requirements of this chapter and the schematic plan and development guidelines adopted for the planned unit development, in addition to the indicated land use zone (underlying zone).

   A.   Criteria. The planned unit development designation may be applied to all areas of the city for which the council determines that the purpose and general criteria of this chapter are met or that, due to the mixture of conditions or the relation of the property to adjacent land uses and its community, development in accordance with the requirements and restrictions of this chapter is necessary in order to properly evaluate the interrelationships of land uses, buildings, structures, and other features of the area and to provide design and other controls as may be necessary to insure that the development of the area will be consistent with the general plan and all applicable specific plans, will not be injurious to the public welfare, nor to other property in the vicinity of the development and will be in harmony with the general purposes and intent of this title.

   B.   Designation of property as a planned unit development. Designation of property as a planned unit development is legislative in nature and is subject to the procedural requirements in sections 17.808.230 and 17.916.020.

      1.   Property in single or common ownership. The planning and design commission, the city council, or the property owner may initiate proceedings to designate as a planned unit development any single parcel or any contiguous parcels owned by the same person or persons.

      2.   Property in multiple ownership. Proceedings to designate as a planned unit development multiple parcels of property that are not all in the same ownership may be initiated only by a petition submitted on behalf of all of the owners of all of the property.

   C.   Effect of planned unit development designation. A planned unit development designation constitutes an overlay zone. A planned unit development designation does not establish an underlying zone or enlarge the uses provided by a zoning classification. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Adoption of planned unit development schematic plan and development guidelines. Adoption of a planned unit development schematic plan and development guidelines is legislative in nature and is subject to the procedural requirements in sections 17.808.230 and 17.916.020. Proceedings to adopt a planned unit development schematic plan or development guidelines may be initiated in the same manner as a planned unit development designation. Development within a planned unit development shall not be approved until the city council has adopted a schematic plan and development guidelines for the entire area subject to the planned unit development designation.

   B.   Contents of the schematic plan and development guidelines.

      1.   The schematic plan and development guidelines shall contain the development standards applicable to development within the planned unit development and shall include specific details, elements, conditions and restrictions as the council may deem warranted to carry out the purpose of this chapter, including conditions and restrictions related to size, timing, and sequence of development.

      2.   In approving a schematic plan and development guidelines for a planned unit development, the city council may modify zoning regulations relating to height, setback and area requirements, and other provisions of this title otherwise applicable to the property; provided that the following standards shall be applied:

         a.   Design standards. The schematic plan and development guidelines provide overall standards of open space, circulation, off-street parking and other conditions in such a way as to form a harmonious, integrated project of such quality to justify exceptions to the normal regulations of this title.

         b.   Sign program. In order to preserve the design and character of the planned unit development, the schematic plan and development guidelines adopted for the planned unit development may specify a sign program that allows for signage that otherwise would be prohibited under chapter 15.148 (Signs) or that prohibits signage that otherwise would be allowed under this title.

         c.   Density standards. The density standards of the zone in which the property is located shall apply to residential uses, except that the schematic plan and development guidelines may authorize a greater density if the proposed design will result in a development project that provides greater open spaces and other desirable features not a regular requirement of the zone.

         d.   Uses. Property within a planned unit development may be used only for the uses that are permitted in the underlying zone in which it is located and that are authorized by the schematic plan and development guidelines adopted for the property.

   C.   Amendment of a planned unit development schematic plan or development guidelines. An amendment to a planned unit development schematic plan or development guideline is legislative in nature and subject to the procedural requirements in section 17.808.230. Amendments may be initiated by the city council, the planning and design commission, or by request by the owner of any parcel of property within the planned unit development. (Ord. 2019-0006 § 9; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)