Chapter 17.312 — EXECUTIVE AIRPORT OVERLAY ZONE (EA-1 THROUGH EA-4)

The purpose of this chapter is to help protect the health, safety, and general welfare of people in the vicinity of the Sacramento Executive Airport and to improve air navigation safety. More specifically, this chapter is intended to provide for the sensible growth and maintenance of the airport environs, and to effectuate the policies reflected in the Airport Land Use Commission Law in California Public Utilities Code section 21670 et seq., and the Executive Airport Comprehensive Land Use Plan ("CLUP") as revised by the Airport Land Use Commission in May 1998 and May 1999. Some existing development in the area surrounding the Sacramento Executive Airport is inconsistent with the compatibility guidelines set forth in the CLUP and in this chapter. The CLUP and this chapter are primarily directed at preventing new problems of land use incompatibility, rather than removing existing incompatible uses. Existing incompatible land uses may continue notwithstanding other requirements of this chapter. However, with the exception of those uses identified in section 17.312.100, no incompatible land use may be expanded or changed to another incompatible land use. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Any proposal to construct, enlarge, or alter any building, structure, or related facility that is occupied or proposed to be constructed for occupancy on land leased by the county of Sacramento at the Sacramento Executive Airport shall be referred to the county director of airports. The county director of airports shall confer, coordinate, review, and act on such proposals with the planning director. All proposals shall be reviewed for conformity with adopted plans for the Sacramento Executive Airport and all agreements relating thereto between the city and county of Sacramento. Upon an affirmative recommendation from the planning director, the county director of airports has authority under this chapter to approve the proposal. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Unless otherwise stated, as used in this chapter the words and terms below have the following meanings: "Height of a structure" means the vertical distance from the average elevation of the finished lot grade to the high point of the structure. Roof-top mechanical equipment, whether or not housed in a penthouse, is not included in this measurement.

"Shopping center" means a group of five or more architecturally unified commercial establishments, managed as a unit, and with common off-street parking and vehicular access points.

"Structural lot coverage" means that portion of a lot covered by all structures on the same lot. For the purposes of this definition, a shopping center shall be considered a single lot. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. General.

1. Three categories of land use restrictions are included in the Executive Airport Comprehensive Land Use Plan: a. Height restrictions (protecting the navigable airspace around airports for aircraft safety);

• b. Noise compatibility (minimizing the number of people exposed to noise from aircraft operations); and

c. Safety of persons on the ground (minimizing the number of people exposed to hazards related to aircraft operations and accidents).

2. Airport planning boundaries define areas where height, noise, or safety restrictions are imposed.

a. Height standards for defining obstructions to air navigation are established by the Federal Aviation Administration (FAA) and are defined in Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace.

b. Noise restrictions are governed by California Administrative Code, title 21, subchapter 6.

c. Airport safety areas are determined by the airport land use commission. The total area encompassed by these three sets of boundaries is referred to as the "airport area of influence."

• B. Height standards.

1. Height restrictions are necessary to ensure that objects will not impair flight safety or decrease the operational capability of the airport. Any object or structure that would penetrate any of the imaginary surfaces (defined below) is considered by the Federal Aviation Authority (FAA) to be an obstruction to air navigation. Height guidelines for determining if an object is an obstruction to air navigation are set forth in Federal Aviation Regulation (FAR) Part 77.

2. Any proposed new construction or expansion of existing structures that would penetrate any of the imaginary surfaces, as adopted by the airport land use commission, is deemed to be an incompatible land use unless either the FAA has determined that the proposed structure does not constitute a hazard to air navigation or the CalTrans Aeronautics Program has issued a permit allowing construction of the proposed structure. Process and requirements of these agencies are identified in the Executive Airport Comprehensive Land Use Plan (as amended 1998).

C. Noise restrictions. The state of California has established noise standards in the California Code of Regulations, title 21, subchapter 6, which designate the community noise equivalency level (CNEL) as the noise rating method to be used at airports in California.

1. The state has deemed the following land uses incompatible within the noise contours adopted for the Sacramento Executive Airport of 65 dB CNEL: residential dwellings; public and private schools; hospitals and convalescent homes; churches, synagogues, temples, and other places of worship.

2. State Building Code, Part 2, Title 24, Section 3501, establishes a standard that limits noise to 45 dB CNEL, in any habitable room in affected dwellings. For residential dwellings, other than detached single-unit dwelling, in areas having an airport-caused CNEL greater than 60 dB, the code requires an acoustical study showing that the structure has been designed to meet the interior standard of 45 dB CNEL.

ding Code, Part 2, Title 24, Section 3501, establishes a standard that limits noise to 45 dB CNEL, in any habitable room in affected dwellings. For residential dwellings, other than detached single-unit dwelling, in areas having an airport-caused CNEL greater than 60 dB, the code requires an acoustical study showing that the structure has been designed to meet the interior standard of 45 dB CNEL.

D. Safety areas. Airport safety areas are established to minimize the number of people exposed to aircraft crash hazards. This is accomplished by placing restrictions on land uses in various safety areas. Land use compatibility is determined by comparing proposed land uses against height, noise, and safety guidelines. Proposed land uses must be compatible with each. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. The EA designation appearing after a land use classification on the official zoning map means the property is subject to the requirements and restrictions set forth in this chapter in addition to those of the underlying zone. If a provision in this chapter conflicts with another provision in this title, the most restrictive provision applies. Airport safety areas are established to minimize the number of people exposed to aircraft crash hazards. This is accomplished by placing restrictions on land uses in various safety areas.

B. The EA designation is applied to the area included within the four airport zones, as generally delineated on Figure 11 of the 1999 CLUP (Exhibit A at the end of this chapter). The four safety areas are: the clear zone; the approach-departure zone 1; the approach-departure zone 2; and the overflight zone. The clear zone (EA-1) is near the end of the runway and is the most restrictive. The approach-departure zones (EA-2, EA-3) are located under the

takeoff and landing slopes and are less restrictive. The overflight zone (EA-4) is the area under the traffic pattern and is the least restrictive. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The "Land Use Compatibility Guidelines for Safety" table below is adopted for the determination of compatible land uses in the airport area of influence. A "yes" on the table indicates that the use is permitted in the particular zone; a "no" indicates that the use is prohibited in the particular zone; a footnote after a "yes" indicates the use is permitted subject to the limitations stated in that footnote.

Sacramento Executive Airport

Land Use Compatibility Guidelines for Safety

Footnotes:

1 No residential uses in excess of four dwelling units per gross acre.

2 Uses compatible only if they do not result in concentrations of people greater than 50 persons per acre at any time (See Exhibit B).

• 3 No building, structures, aboveground transmission lines, or storage of flammable or explosive material above ground, and no uses resulting in a gathering of more than 10 persons per acre at any time.

• 4 No storage of flammable or explosive material above ground.

• 5 Tour operator passenger facilities not allowed.

• 6 Uses compatible only if they do not result in a possibility that a water area may cause ground fog or result in a bird hazard.

• 7 Household hazardous waste facilities operated as part of an integrated waste management program and resulting in only temporary storage of materials are allowed.

• 8 Uses in buildings must be compatible.

• 9 Use compatible only if requirements of California Education Code sections 17215, 81036, and 81038 are fulfilled. 10 No chapels or funeral homes.

• 11 No club houses, bars, restaurants, or banquet facilities. Ancillary uses such as pro shops, snack bars, and specialty food and beverage services are allowed. New course layouts and revisions to existing courses must be reviewed by the ALUC for safety impacts.

• 12 No high-intensity uses or facilities, such as structured playgrounds, ballfields, or picnic pavilions.

• 13 No uses that would cause electrical interference that would be detrimental to the operation of aircraft or aircraft instrumentation.

14 Exhibit B establishes a list of uses that are not subject to the concentrations of persons-per-acre standard requirement of Footnote 2. Uses on this list are considered compatible uses within existing multi-tenant complexes, provided that the multi-tenant complexes were in existence as of May 20, 1999.

15 Use permitted subject to issuance of a conditional use permit pursuant to section 17.808.020 and this chapter. The planning and design commission may approve or conditionally approve the conditional use permit if it finds that the use, when evaluated in context with existing uses or structures located on the same parcel, will not cause a safety or noise problem either for aircraft using the executive airport or persons using the facility where the proposed use is located and will not result in any of the following: (1) above-ground storage of flammable or explosive material; or (2) structural lot coverage greater than 20% if a new building or expansion of an existing structure is proposed as part of the use application.

• (Ord. 2024-0051 § 20; Ord. 2021-0023 § 39; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. The owner of an existing multi-tenant complex on property located within overlay zones EA-2 or EA-3 may submit a written application to the zoning administrator, requesting permission to establish or modify a land use that is identified in Exhibit B as a "Conditional Use," and is not prohibited by any other provision in this title or code.

• B. The application shall include:

1. A processing fee in the amount established by city council resolution;

2. Evidence that the proposed or modified use satisfies the finding mandated in subsection C.2 of this section;

and

3. Other information as may be requested by the zoning administrator.

• C. Not more than 30 days after receipt of a complete application, the zoning administrator shall either:

1. Notify the applicant in writing that the zoning administrator has determined that the use should not be permitted, and a brief statement of the reasons for the determination;

2. Without holding a hearing, approve or conditionally approve the use if the director finds that the use will not result in any of the following:

• a. Above-ground storage of flammable or explosive material; or

• b. Any structure that exceeds FAA height restrictions; or

3. Schedule the matter for a planning and design commission public hearing. The hearing shall be noticed and fees shall be charged in the same manner as for the site plan and design review. The commission shall approve or conditionally approve the use if it finds that the use will not result in any of the conditions specified in subsection C.2 of this section.

D. In accordance with the procedures in section 17.812.060, any person may appeal to the planning and design commission a decision of the zoning administrator made pursuant to subsection C.2 of this section, and any person may appeal to the city council a decision of the planning and design commission made pursuant to subsection C.3 of this section. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Home occupation permits may be issued pursuant to section 17.228.200 if the activity requiring the permit is permitted in the applicable EA overlay zone. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

• A. No land within overlay zones EA-1, EA-2, or EA-3 shall be used:

1. For the erection or operation of any object that could reflect the sunlight toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at executive airport;

2. For the erection or operation of an object that directs a steady light or a flashing light of white, red, green, or amber color toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at executive airport, other than an FAA-approved navigational signal light or a visual approach slope indicator (VASI); or

3. In a way that would generate a substantial volume of smoke, attract large concentrations of birds, generate electrical interference, or that would otherwise affect safe air navigation in the vicinity of executive airport.

B. No land within overlay zones EA-1, EA-2, or EA-3 shall be used for the erection or operation of hazardous installations such as above-ground oil, gas, or chemical storage facilities, but excluding facilities for noncommercial, private domestic, or private agricultural use. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The standards of concentration of persons per acre are intended to protect public health, safety, and welfare by ensuring that large concentrations of people are not allowed in areas exposed to safety hazards within areas around airports.

A. Calculation of the anticipated maximum number of persons per acre associated with a particular use shall be based on the processes described in Appendix A of the 1999 Executive Airport Comprehensive Land Use Plan, as follows:

1. Ten persons per acre at any time. Number of persons per acre is calculated as follows:

a. Determine size, in gross acres, of the development proposal or project area using a parcel-specific development plan map. If acres are not known, divide project size in square feet by 43,560 to obtain size in acres;

b. Determine highest number of persons expected in the proposal or project area at any time during a typical 24 hour period ending at midnight; and

c. Divide highest number of persons expected at any time during typical 24 hour period by size of proposal or project in acres to determine highest number of persons per acre at any time.

2. Fifty persons per acre at any time. Number of persons per acre is calculated as follows:

• a. Determine size, in gross acres, of the development proposal or project, using a parcel specific development plan map. If acres are not known, divide project size in square feet by 43,560 to obtain size in acres;

• b. Determine highest number of persons expected in the proposal or project area at any time during a typical 24 hour period ending at midnight; and

• c. Divide highest number of persons expected at any time during typical 24 hour period by size of proposal or project in acres to determine highest number of persons per acre at any time.

B. At the request of the city, the airport land use commission may perform a review for conformity with the concentrations of persons per acre standards and issue a determination. The commission must be able to review parcel specific development proposals; general plan or zoning amendment proposals for large areas usually do not provide sufficient parcel-specific or site-specific information on which to base a conformity determination on the concentration of persons standard.

C. Development proposals found not to contain sufficient site-specific information may be deemed "Incompatible, due to lack of specific information," or may be deemed "Compatible, subject to conditions placed on the project." (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

• A. As used in this chapter, "nonconformity" means a land use or structure that:

1. Existed or was lawfully under construction on the effective date of the ordinance that first adopted this title as the Planning and Development Code of the City of Sacramento, or existed prior to that date and became vacant or unoccupied less than one year prior to the effective date of the ordinance codified in this chapter; and

2. Was legal immediately prior to the effective date of the ordinance that first adopted this title as the Planning and Development Code of the City of Sacramento; and

3. Does not conform to a provision contained in this chapter.

B. A nonconformity may be continued subject to the provisions of this subsection. Existing incompatible land uses may continue; however, no incompatible land use may be changed to another incompatible land use. No incompatible land use, building, or structures may be expanded, except single-unit dwelling detached residences and schools that would increase in capacity by less than one-third.

C. A nonconformity shall not be expanded, enlarged, or changed to another use prohibited by this chapter except as provided in subsection E; only repairs that are part of normal, necessary maintenance and construction activity not likely to facilitate expansion, enlargement, or change in use of the nonconformity are permitted.

D. The cessation of the use of a nonconforming structure or nonconforming land use for a period of one year, commencing on or after the effective date of the ordinance codified in this chapter, terminates all rights in the nonconformity. This subsection does not apply to single-unit dwellings.

• E. Permitted changes in nonconformities.

1. No incompatible land use, building, or structure may be expanded, except:

• a. Single-unit dwelling detached residences; and

• b. Schools that would increase in capacity by less than one-third.

2. If any incompatible land use, building, or structure is damaged and the damage exceeds 50 percent of the value of the use, building, or structure, any subsequent land use must be in conformity with this chapter, except the following:

• a. Single-unit dwelling detached residences;

• b. Schools; and

c. A nonconforming structure or a structure devoted to a nonconforming use, may be rebuilt even though the cost of reconstruction is greater than 50 percent of the replacement value of the structure immediately prior to the damage if the nonconforming structure, or any expansion or modification of that structure, was authorized by a city approval of discretionary entitlements given within two years of the date of damage. Pursuant to this provision, a nonconforming structure or structure devoted to a nonconforming use may be rebuilt to its previously approved size without any further discretionary entitlements.

• F. Discretionary changes in nonconformities.

1. Notwithstanding subsection E, a property owner may submit a written application requesting authorization to expand or enlarge a nonconformity, or to reconstruct a structure for a similar or less intensive nonconforming use.

2. The procedure applicable to a conditional use permit in chapters 17.800 and 17.808 govern the application except as provided in subsection F of this section.

3. The planning and design commission, and the city council on appeal, may grant or conditionally grant a request submitted pursuant to this subsection F only after finding that either:

a. Under the circumstances of the particular case the benefit to the public health, safety, and welfare outweighs any detriment inherent in such change; or

b. That the literal application of the provisions of this chapter will result in practical difficulties or unusual hardships for the property owner that outweigh the public purposes articulated in section 17.312.010.

4. Approval or conditional approval of a request submitted pursuant to subsection F, may occur notwithstanding noncompliance with any finding mandated in section 17.808.020. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Prior to action by the planning director, planning and design commission, or city council, the following proposed actions shall be referred to the airport land use commission for review and determination of compatibility: adoption or amendment of a general plan, specific plan, zoning ordinance, or building regulation, that could affect the area within the executive airport planning area in a manner inconsistent with the purposes articulated in section 17.312.010.

B. Upon timely receipt by the planning director of a determination by the airport land use commission that a proposed action is inconsistent with the executive airport comprehensive land use plan, the planning and design commission shall, in a public hearing, review and consider that determination. The planning and design commission shall recommend to the city council approval, conditional approval, or denial of the proposed action. The proposed action shall then be heard in a public hearing before the city council. The city council may approve or conditionally approve the proposal only with a two-thirds or greater vote and adoption of specific findings that the proposed action is consistent with the purposes of the state Airport Land Use Law in California Public Utilities Code section 21670 et seq.

C. In the event that the airport land use commission fails to notify the planning director of its determination on a proposed action within 60 days from the receipt of the proposed action, the proposed action shall be deemed consistent with the executive airport comprehensive land use plan, and may thereafter be approved, conditionally approved, or denied in the manner provided in this chapter, or other provisions of this title or code. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Exhibit A

Exhibit B

Allowable Uses

The following uses are considered compatible uses within existing multi-tenant complexes, and are not subject to the concentration of persons-per-acre requirement for uses located within approach-departure zones 1 and 2 (EA-2 and EA-3). Multi-tenant uses consist of business parks, industrial clusters, office buildings for rent or lease, and neighborhood and community shopping centers. Only those multi-tenant uses in existence as of May 20, 1999 are considered to be existing uses. All multi-tenant uses approved after that date are subject to the persons-per-acre requirement established by the Sacramento Executive Land Use Compatibility Guidelines for Safety in section 17.312.060.

Aircraft sales Ambulance service Antique store Appliance store Art gallery Art supplies-store Auto body and fender shop Auto car wash Auto dealer Auto parts house Auto rental company Auto repair shop Auto upholstery Bait shop Bakery (no table service or serving of meals) Bank Barber shop Beauty shop Bicycle shop Blueprinter Boat sales Bookstore Broadcasting studio (without live audience) Building contractor Building supplies Cabinet shop Camera store Camper sales Candy store Canteen or vending service center Cigar store Cleaning-laundry agency Clothing store Collection agency

Contractor's shop Cookware shop Costume shop Credit union association Curio or novelty shop Delicatessen (no table service) Dental office Department store (under 3000 sq. ft.) Dress shop Drug store (under 3000 sq. ft.) Electrical contractor Electrical goods store (retail) Employment agency Employment rental and sales yard Fabric store Feed store-retail only Finance, insurance, and real estate Floor covering Florist Food store (specialized, under 6400 sq. ft.) Furniture refinishing Furrier shop General contractor Gift card shop Gift shop Glazier shop Grocery (under 6400 sq. ft.) Hardware store Hat shop Hearing aid sales and service Heating and sheet metal contractor Hobby supplies store Home improvement center retail (under 6400 sq. ft.) Ice cream parlor (no table service or serving of meals) Interior decorator's studio Janitorial service company Jewelry store Knit shop Lapidary shop Laundromat-self-service Laundry-commercial Lawnmower sales and service Leather goods store Liquor store

Hat shop Hearing aid sales and service Heating and sheet metal contractor Hobby supplies store Home improvement center retail (under 6400 sq. ft.) Ice cream parlor (no table service or serving of meals) Interior decorator's studio Janitorial service company Jewelry store Knit shop Lapidary shop Laundromat-self-service Laundry-commercial Lawnmower sales and service Leather goods store Liquor store

Loan office Locksmith Masseur Meat market Medical office Messenger service Millinery shop Motorcycle and power scooter sales Music store and instrument repair Newsstand Notions store (under 6400 sq. ft.) Nursery, plants, etc. Office Office equipment sales and service Optician Oriental rug shop Orthopedic supply Paint store Pawn shop Pest control service Pet shop Photo engraving shop Photographic studio Plumbing contractor Pottery and glass store Power tool sales Prescription pharmacy Printing plant Public stenographic service Radio and television sales and service Real estate office Recording studio (without live audience) Records-poster (under 6400 sq. ft.) Roofing or building contractor Rug and drapery shop Savings and loan company Second hand store Service station Sewing machine sales Sheetrock or plastering contractor Shoe repair shop Shoe store Shoeshine stand Sign shop

Spa and pool sales Sporting goods store Stamps and coins Stationary stores Tailor Taxidermist Tile contractor Tire shop-including recapping Tobacco shop Toy shop (under 6400 sq. ft.) Trailer sales yard Trophy and emblem store Upholstery shop Used car lot Variety store (under 6400 sq. ft.) Veterinary services Voice studio Watch repair shop Wholesale store and distributors Wig sales Yardage shop -or any combination of permitted uses

Conditional Uses

The following uses are considered conditionally compatible uses within existing multi-tenant complexes, and are not subject to the concentration of persons-per-acre requirement for uses located within approach-departure zones 1 and 2 (EA-2 and EA-3). These uses must meet all of the other requirements for compatible uses contained in Title 17, and must be approved by the city pursuant to section 17.312.070.

Department store (over 3000 sq. ft.) Discount house-retail merchandise (over 6400 sq. ft.) Drug store (over 3000 sq. ft.) Home improvement center (over 6400 sq. ft.) Grocery store (over 6400 sq. ft.) Medical or dental office complex Toy shop (over 6400 sq. ft.) Variety store (over 6400 sq. ft.)

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