Height of debate: Effort to stop Midtown high-rise heads for Sacramento City Council

When the city’s planning and design commission last month approved Yamanee, a proposed 15-story mixed-use condo building at the corner of 25th and J streets, it would have been safe to assume the battle over the controversial building wasn’t over.

Indeed, local preservationists like William Burg and Karen Jacques have spent months opposing Yamanee, which would peak at roughly 171 feet. The 2035 general plan limits Midtown buildings to 78 feet, though the commission can permit deviations if it believes a project provides greater community benefit.

The commission voted 9-2 on May 12 to approve Yamanee, with Burg filing an appeal five days later. The Sacramento City Council will hear the appeal on June 14.

While Yamanee doesn’t amend the general plan, Jacques and Burg contend that it essentially invalidates it by setting a precedent for developers to opt out.

Jacques and Burg said they don’t mind the design of Yamanee, which would be LEED-certified and offer ample green space. They just worry about precedent and the potential for more high-rises in Midtown.

“This decision sets no limit for how far developers can ask to go outside the general plan,” Burg said.

He asserted that developer Ryan Heater is building in Midtown to skirt fees associated with downtown or the railyards.

Heater told SN&R this is inaccurate and that he’ll be paying $800,000 in park fees alone. Heater said Yamanee works in Midtown because his residents will want to walk to stores and restaurants. He’d like to begin construction next spring or summer.

“I think that it’s people’s right to appeal to the city council, and I look forward to presenting our case,” Heater added.

Teresa Haenggi, an associate planner for the city’s Community Development Department, said Burg has voiced concerns to her department over the fees.

“We don’t see the connection between building a high-rise in [Midtown] and avoiding downtown fees,” she added, since those fees represent a small part of overall costs.

Stacia Cosgrove, a principal planner for the department, called Yamanee “pretty dynamic” and told SN&R, “I hope that it creates more of a precedent for people wanting to build residential in general in the central city.”

The department recommended that planning and design approve Yamanee. It will recommend city council do likewise next week. Heater said he’s met in person with every council member and is hopeful that he has the votes he needs.

It appears he has the support of the central city representative, Councilman Steve Hansen.

“When we look at smart growth and infill—how we support transit, better air quality—this is the type of project that we talk about,” Hansen told SN&R in March.

If city council denies Burg’s appeal, Yamanee opponents will have 30 days to sue under the California Environmental Quality Act.

Chris Butcher, an associate at Thomas Law Group, said CEQA lawsuits generally require a year for the trial followed by three years of appeals. He said CEQA “does not automatically prohibit a project moving forward during litigation.”

Burg declined to comment when asked if he’d spoken to attorneys. Jacques said her group would “have to look at all options.”