Chapter 17.436 — RIVER DISTRICT SPECIAL PLANNING DISTRICT

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. 20130020 § 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.

Table 1: Nonconforming Use Change Permitted by Right

Appliance repair shop Assembly of electrical or electronic equipment Assembly of plastic or rubber items Beverage bottling plant Billboard manufacture

Building/Landscape contractor shop Cabinet shop Cement or clay products manufacturing Cleaning plant, commercial Contractor storage yard Equipment-rental, sales yard Furniture refinishing Garment shop Janitorial service company Laboratory Laundry, commercial plant Lumber yard, retail Machine shop Manufacturing, assembly, and treatment of merchandise Monument works, stone Plant nursery Printing and blueprinting RV storage (commercial) Warehouse; distribution center Wholesale stores and distributors

Table 2: Nonconforming Use Change With Zoning Administrator Conditional Use Permit

Auto dismantler Concrete batch plant Food processing plant Fuel storage yard Junk yard Planing mill Recycling facility-minor, major, greenwaste Terminal yard, trucking Towing service; vehicle storage yard Truck and tractor-sales, service, and repair

(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)

Exhibit A: River District Specific Plan Boundary

Exhibit B: Maximum Allowed Height (Measured from Existing Grade)

Exhibit C: Ground Floor Retail Accommodation

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