Sacramento County Planning Commission Meeting - October 25, 2024
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Sacramento County Planning Commission Meeting - October 25, 2024
The Sacramento County Planning Commission met on October 25, 2024, to consider three agenda items: a zoning code amendment for massage establishments, a conditional use permit for a wireless communication facility, and a public hearing on the draft environmental impact report (DEIR) for the Upper West Side Specific Plan. The commission voted to recommend approval of the massage ordinance amendment with modifications, approved the wireless facility with a reduced height of 65 feet, and directed staff to prepare the final EIR for the specific plan.
Public Comments & Testimony
- Item 1 – Massage Ordinance Zoning Amendment: Two massage therapists, BJ Pitts and Tony Siakotos, spoke in opposition. Pitts expressed concern that the changes would eliminate sole providers and that the $1,100 fee for a certificate of non-conforming use was punitive. Siakotos clarified that counties have full authority over massage establishment regulation and noted the fee burden on solo practitioners.
- Item 3 – Upper West Side Specific Plan DEIR: The public comment period was extended to October 28, 2024. Numerous residents and organization representatives spoke, most in opposition. Key concerns included traffic safety on Garden Highway (with photos of a recent crash presented), flood risk, loss of farmland and wildlife habitat, inconsistency with the Urban Services Boundary, and cumulative impacts from multiple large projects in the Natomas Basin. Supporters, including some property owners and community members, cited the housing crisis, economic benefits, and the project's inclusion of parks, schools, and an agricultural buffer.
Discussion Items
- Item 1 – Massage Ordinance Zoning Amendment (PLNP 2024-00123): Staff presented a proposal to streamline review of massage establishments by removing use permit requirements and moving regulations to county code. The amendment would restrict massage to incidental uses (less than 25% of floor area) in BP and CO zones, remove industrial zones, and establish discontinuation triggers. Public comments raised concerns about the $1,100 fee for certificates of non-conforming use and the impact on sole providers. Commissioners discussed ownership transfer provisions and the fee. The commission added language allowing ownership transfer if a valid certificate of non-conforming use is on file, and recommended that the Board of Supervisors waive the fee for existing businesses.
- Item 2 – Wireless Communication Facility (PLNP 2023-00255): The applicant requested an 85-foot tall monopole (mono eucalyptus stealth design) at 7991 Sunnyside Way in the Vineyard community to fill a coverage gap for AT&T. The proposal required deviations from height (55-foot limit) and setback standards. Staff noted the site had no alternative sites available after 16 candidate locations were rejected. The commission debated the height, with concerns about visual intrusion and compliance with separation standards. The applicant agreed to a reduced height of 65 feet, with corresponding adjustments to deviation findings. The motion passed 5-0.
- Item 3 – Upper West Side Specific Plan DEIR (PLNP 2018-00284): Staff presented an overview of the 2,066-acre project proposing 9,356 residential units, 3 million square feet of commercial, schools, and an agricultural buffer. The DEIR identified significant unavoidable impacts in several resource areas. The purpose of the hearing was to receive oral comments on the DEIR; the comment period was extended to October 28. Commissioners noted the need for responses from agencies like the City of Sacramento, Reclamation District 1000, SACOG, and Natomas Unified School District. The commission voted to direct staff to prepare the final EIR.
Key Outcomes
- Item 1: Motion passed 5-0 to recommend approval of the zoning code amendment to the Board of Supervisors, including: (1) adding language to allow ownership transfer of a certificate of non-conforming use if a valid certificate is on file, and (2) recommending a fee waiver for existing businesses applying for the certificate.
- Item 2: Motion passed 5-0 to approve the conditional use permit, special development permit, and design review, subject to findings and conditions, with the tower height reduced from 85 feet to 65 feet (top of steel structure), and corresponding modifications to deviation standards.
- Item 3: Motion passed 5-0 to accept staff's recommendation to prepare the final environmental impact report, acknowledging the public comment period closing on October 28, 2024.
Meeting Transcript
Good evening, everybody. We're going to go ahead and call to order the county planning commission for October 21st, uh, 2024. If you'll please call the roll. Commissioners Borja. Conklin. Corona Savignano. Devlin and Rethel. Here. And we do have our quorum. If you'll please stand with me for the Pledge of Allegiance. I pledge allegiance to the flag. United States. And if you'll please make the announcements for this evening. So the county fosters public engagement during the meeting and encourages public participation, civility, and use of courteous language. The commission does not condone the use of profanity, vulgar language, gestures, or other inappropriate behavior, including personal attacks or threats directed towards any meeting participant. Seating may be limited and available on a first come first serve basis. To make an in-person comment, uh public comment, please complete and submit a speaker request form and hand it to the clerk. Each individual will be invited to the podium to make a comment, and the uh duration of your comment will be two minutes this evening. And uh members of the public may send a written comment, which is distributed to commission members and filed in the record. Contact information is optional and should include the meeting date and agenda or off agenda item number to be sent as follows. Email a comment to board clerk at SatCounty.gov or mail a comment to 700H Street, suite 2450, Sacramento, California, 95814. Thank you. That brings us to the contested portion of our agenda this evening. Will you please call item number one? And your item number one this evening is PLNP 2024 dash 00123. It's for a zoning ordinance amendment and administrative amendments. Um it is the in that's not the environmental document, is that it's exempt. Thank you. Okay. Good evening. My name is Emma James. I'm an associate planner here tonight to present the 2024 massage ordinance zoning code amendment. We would note that prior to the hearing, you were distributed a revised version of this presentation, uh, in which we added slides detailing public outreach efforts that were conducted after the date of drafting the materials for this hearing. The amendment brought forth is to chapters one, three, and six of the Sacramento County Zoning Code to streamline the review of massage establishments and providers. The amendment is being processed as part of a county code update that will impact Chapter 4.36 business regulations pertaining to massage. This amendment is countywide, and the decision body for this item is the Board of Supervisors. The chapters to be amended are Chapter 1, General Provisions, Chapter 3, Use Regulations, and Chapter 6, Administration. In 2016, the county passed an ordinance which introduced the requirement of a minor use permit as well as distance and separation requirements for massage establishments. Since the adoption of that ordinance, planning and environmental review has processed zero use permits for massage businesses, as all currently licensed providers and establishments have qualified for one of three exemptions. Those exemptions include a sole or dual owner operator, all providers being massage therapy, California Massage Therapy Council certified, or if the massage services are offered incidental to a permitted primary use. Incidental is defined as less than 25% at the gross floor area of the business. And examples of that could include salons, spas, health clubs, or medical offices. Currently there are 137 active business licenses for massage and commercial locations and 310 active licenses for home occupation providers. This zoning code amendment is part of a larger county effort in collaboration with the business licensing division, finance department, um, as well as uh county council and the sheriff's department to on address ongoing concerns about illegal activity that has occurred at some of these establishments. A summary of amendments to chapter one are in section 1.9.3 nonconforming use of land or buildings. We're proposing that the discontinuation of a nonconforming use of massage establishment would occur in one of three cases. A if the special business license is allowed to lapse for a period of 30 days or longer, if the general business license has lapsed for a period of 90 days or longer, or if the ownership of the business is transferred. These time frames were requested by the Department of Finance Business Licensing Division and are consistent with the draft county code provisions. Massage establishments with certificates of nonconforming use will also be allowed to continue to operate if they continually comply with all of the conditions in their certificate. And this is consistent with all legal nonconforming businesses.
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