Apartment high rises along American River in Sacramento get OK. Lawsuit to stop them remains
A major project to build four high-rise apartment towers along the Sacramento American River can move forward, a city commission has decided. But a lawsuit to try to block the project is still active.
After city staff approved the 826-unit project at 500 Bercut Drive, a nonprofit filed an appeal and a lawsuit alleging the city had bypassed some California Environmental Quality Act requirements.
City staff determined the project was exempt from a more lengthy environmental review partly because the project is located within a half mile from a light rail stop and a planned light rail stop, which allow exemptions from the state law. The nonprofit alleges the project is actually 0.7 miles from the existing light rail station, at Richards Boulevard and North Seventh Street, not a half mile. It also alleges that while the planned light rail station would be 0.3 miles from the project, it does not meet all the requirements to count.
The group also alleged the project will negatively impact plants and wildlife along the Parkway in sensitive habitat areas, as well as have negative sound and light impacts to the surrounding community. The appeal triggered the project to need Planning and Design Commission approval.
“We’re not trying to halt the American River One project,” Matt Chalmers of Birch Citadel told the commission Thursday, on behalf of the nonprofit. “This is about ensuring the project follows state law. We are concerned the process the project has gone through currently does not meet those standards. That’s why we’re here.”
Sabrina Teller, attorney for the developer I.M. Investments, told the commission the planned station does mean the project should qualify for the exemption. If the developer didn’t get the exemption, they would have to do an Environmental Impact Report, which can cost more than $1 million and take several years, Teller said.
Several commissioners praised the developers for building such a huge project in an underdeveloped area.
“I appreciate the effort everyone has put into preserving the Parkway but the fact is we also need housing in this community and the fact is the Parkway is struggling,” Commission Chairwoman Maya Wallace said. “When people have a riverfront seat like that, they have a personal sense of ownership. Also that structure provides security and safety for Parkway users that’s not necessarily there right now.”
The vacant site is just east of Interstate 5 at the former site of the Rusty Duck and Hungry Hunter restaurants.
The River District, just north of downtown, has seen an influx of construction lately, including a new Kaiser Permanente hospital and state office complex, but is still largely industrial.
Wallace and Commissioner Enoch Yeung both said they want future housing along that part of the Parkway to include affordable units, not just market rate like American River One will.
The project passed unanimously with Commissioners Robert Chase and Kendra Macias Reed absent and Dov Kadin recusing himself
The city, designated as a so-called pro housing city by the state, has used CEQA exemptions to approve over 5,000 new units in the central city, city Planning Director Greg Sandlund said.
The lawsuit against the city is still active.
This story was originally published June 14, 2024 at 11:14 AM.
CORRECTION: Sabrina Teller is an attorney for the developer I.M. Investments. The developer’s name was incorrectly listed in an earlier version of the story.
