The Sparks Municipal Code (SMC) regulates and restricts the use and improvement of land and controls the location, soundness, and use of structures to promote the public health, safety and general welfare of the community. These regulations, amongst other purposes, are intended to protect natural and scenic resources from unreasonable impairment, take into account the relative suitability of land for development, and ensure development of land is commensurate with the character of the land.

SMC 20.03.030 identifies Outdoor Processing as “rock and concrete crushing or processing operation” which is engaged in the reduction of rocks and concrete demolition debris to smaller sizes useable as gravel, fill for construction, or similar commercial uses.”

Recently, the development community has made requests to conduct temporary on-site rock crushing operations which fall under the definition of outdoor processing. These requests have been in association with planned residential development projects. Land developers maintain that permitting on-site rock crushing speeds project completion by increasing productivity. Off-site rock crushing presents logistical hurdles and adds tractor trailer trips to the transportation network. City staff denies requests to temporarily conduct on-site rock crushing on land zoned for residential uses or within 500 feet of land zoned for residential purposes as the SMC does not provide staff the administrative authority to permit this activity (SMC 20.03.030.B.1)

This prohibition is by design. During development of the 2015 Zoning Code, outdoor processing was identified as highly impactful if in proximity to residential uses. Since then, however, the City has annexed lands at the periphery of the urbanized area. It may now be appropriate, therefore, to consider permitting outdoor processing on completely vacant sites removed from residential uses on a case-by-case basis through a mechanism such as the temporary use permit.    

The City Council could initiate the process of granting staff the flexibility to permit temporary outdoor processing by directing the City Manager to initiate changes to SMC Section 20.03.030-Outdoor Processing. Additionally, amending SMC Section 20.030.040-Temporary Uses could provide a specific mechanism to permit on-site processing when associated with an approved development project. SMC Section 20.030.040 currently allows staff to issue Temporary Use Permits for uses such as Christmas tree sales lots, farmer’s markets, model home complexes, and vehicle and RV sales events. 

The SMC prohibits on-site rock crushing, even when it is associated with an approved project, on locations within 500 feet of residentially zoned property. Recent requests to the City for on-site rock crushing have been for residential projects on vacant sites, including a project on the City’s periphery. Should the Council provide the City Manager direction to proceed, staff anticipate drafting standards for temporary outdoor processing, just as SMC 20.030.040 provides standards for other temporary uses. These standards would be intended to permit outdoor processing in appropriate locations with requirements to mitigate impacts on and maintain compatibility with other nearby uses. In addition, outdoor processing may only be appropriate until such time as homes within the associated project site are occupied. 

Since an amendment of this nature could have unforeseen consequences, staff recommends that Council direction to the City Manager to proceed with drafting SMC amendments to allow temporary Outdoor Processing on or in proximity to residentially zoned property include a robust community engagement process. Ensuring this process is transparent to Sparks citizens and other stakeholders is important as to date only a few land developers are aware of this initiative. At a minimum, staff believes conducting one or more community meetings to discuss possible SMC changes is appropriate. Such meeting(s) could provide an opportunity for concerned persons to identify issues that should be mitigated by the conditions of temporary use permits issued for temporary outdoor processing.   

In 2015, the City of Sparks comprehensively revised the zoning code (Title 20) of the SMC. Since then, the City Council has considered and approved a small number of very specific and time-sensitive amendments. In addition to those changes, staff maintains a list of possible amendments identified by applying Title 20 in real world situations, in accordance with the City Council’s express goal of maintaining a “living” zoning code responsive to changing market conditions and the City’s needs. This list includes, for example, the need for zoning standards to facilitate “missing middle” housing, revisions to definitions, and hillside development standards. Staff’s list of possible amendments has reached a point where it may be appropriate to review Title 20 in its entirety, to in effect conduct a five-year review and amendment, including outreach and stakeholders and the general public.

The City Council therefore could, as an alternative to directing the City Manager to proceed with possible changes to SMC Sections 20.03.030 (Outdoor Processing) and SMC 20.03.040 (Temporary Uses), defer action on this specific request and instead direct the City Manager to return with an agenda item that provides the City Council an opportunity to consider these changes as part of a more comprehensive review and revision of Title 20. 

1. The City Council may direct the City Manager to initiate code amendment(s) to Title 20 to amend the regulations on Outdoor Processing with public engagement. 
2. The City Council may direct the City Manager to initiate code amendment(s) to Title 20 to amend the regulations on Outdoor Processing without public engagement. 
3. The City Council may decide to not direct the City Manager to initiate a code amendment.
4. The City Council may defer action on this specific request and direct the City Manager to return with an agenda item that provides the City Council an opportunity to consider changes to the regulations on Outdoor Processing as part of a more comprehensive review and revision of Title 20.

I move to direct the City Manager to initiate changes to Sections 20.03.030 (Outdoor Processing) and SMC 20.03.040 (Temporary Uses) of the Sparks Municipal Code to allow temporary rock and concrete crushing operations on residentially-zoned land when associated with approved projects. The process is to include public engagement prior to the first reading of the Bill.