6.1. GENERAL PROVISIONS

[AMENDED 06-11-2026]

This Chapter describes the review and enforcement of the Code and its regulations and the administration and regulation of different types of applications for development in Sacramento County, organized by the following Sections:

• Section 6.2 Zoning Amendments

• Section 6.3 Design and Site Plan Review

• Section 6.4 Special Permits

• Section 6.5 Other Applications

• Section 6.6 Enforcement

• Section 6.7 Fair Oaks Boulevard Corridor Plan

• Section 6.8 State Legislation

Sections 6.2-6.5 shall be referenced in conjunction with the Zoning Code User Guide (User Guide), which has been prepared to facilitate navigation of this Code and the County’s Design Guidelines and to clarify the processes for obtaining planning entitlements and approval for development activity in Sacramento County.

Advisory, Decision, and Appeal Bodies are referenced throughout this Code. In addition to this Section and other Sections of this Code, Title 2 of the SCC provides information on the composition, responsibilities, and rules of conduct for planning decision bodies and Title 22 provides additional

information on subdivisions. A table summary of the major review and decision-making responsibility bodies for planning entitlement applications is provided for reference in the User Guide.

[DELETED 10-09-2020]

Any person dissatisfied with an act or determination of the Planning Commission, the Subdivision Review Committee, Zoning Administrator, Chief Building Inspector, Design Review Administrator, Planning Director, or the Secretary of the Planning Commission, relating to the provision of this Code may appeal such act or determination as provided in this Section, provided that when any determination made by the aforementioned is given in the form of a recommendation or report addressed to the Board of Supervisors, or such other commission, board or officer, no appeal may be taken; but any interested party, unless otherwise provided in this Code, shall be entitled to appear at the time of consideration of such recommendation or report and to be heard thereon.

6.1.3.A. Notice of Appeal

Appeals of determination or actions of the officers or agencies mentioned in this Section may be taken by filing written notice thereof with the Secretary of the Planning Commission not later than 10 calendar days after the day on which the act or determination appealed from was made. A filing fee set by resolution of the Board of Supervisors shall accompany the Notice of Appeal. In computing the time within which the Notice of Appeal shall be filed, the day on which the act of determination was made shall include the next working day. The 10-day period for filing the notice of appeal shall not be waived.

No filing fee shall be required if the appeal is filed by a Community Planning Advisory Council (CPAC), and if there is a community-wide interest in the appeal. The appeal shall be filed within the timeframe specified by this Chapter; however, a CPAC may preauthorize an appeal at the time of the original action. The appeal form must specify the community-wide interest. Community-wide interest means that the project could potentially adversely affect properties beyond the immediate neighborhood (properties within 500 feet), in terms of traffic, noise, aesthetics, drainage, or other impacts. In addition, the project would set a precedent for a use of land that has policy implications for the larger community.

6.1.3.B. Effect of Filing Notice

The filing of the notice of appeal shall have the effect of staying the issuance of any permit, Variance, or mobile home certificate of compatibility until such time as the matter is disposed of on appeal, and all records relating to the decision or act appealed shall be transmitted to the Secretary of the Planning Commission.

6.1.3.C. Contents of Notice

The Notice of Appeal shall state the act or determination which is being appealed, the identity of the applicant and his or her interest in the matter, and shall set forth in a concise statement the reasons which, in the opinion of the appellant, render the decision made unjustified or inappropriate.

6.1.3.D. Board of Zoning Appeals

1. Jurisdiction. The Board of Zoning Appeals shall hear and decide all appeals from the actions of the Zoning Administrator, Chief Building Inspector, Planning Director, or Secretary of the Planning Commission relating to the provisions of this Code. However, the appeal shall be heard by the Board of Supervisors if it is filed on the basis of any of the following.

   • a. The action appealed may have a significant effect upon the environment, or

   • b. An Environmental Impact Report has not been prepared or is deficient in any manner; or

   • c. A decision of the decision-makers named in this Section relates in any manner to an adult bookstore, adult motion picture theater, adult live theater, or an adult video tape store.

2. Hearings. Upon receipt of a Notice of Appeal of a decision or act to be heard by the Board of Zoning Appeals, the Secretary of the Planning Commission shall set the same for hearing not later than the next regularly scheduled meeting following 30 days after the date the Notice of Appeal was received.

3. Action. The Board of Zoning Appeals may review the entire proceeding or proceedings relating to the act or decision being appealed, and in the process of such review may rehear the matter de novo and make any order it deems just and equitable, including the granting of any permit. Notwithstanding any provisions to the contrary in this Code, if a vote of the members of the Board of Zoning Appeals results in a 2-2 tie vote, the matter is denied. All actions of the Board of Zoning Appeals shall be final for all purposes.

6.1.3.E. Planning Commission Appeals

The Planning Commission shall hear and decide all appeals from the actions of the Subdivision Review Committee and Design Review Administrator relating to the provisions of this Code. Notwithstanding any provisions to the contrary in this Code, if a vote of the members of the Planning Commission results in a 2-2 tie vote, the matter shall be referred to the Board of Supervisors, without a recommendation, for public hearing.

6.1.3.F. Board of Supervisors

1. Appeals. The Board of Supervisors shall hear all appeals from the actions of the Planning Commission. Upon receipt of a notice of appeal of a decision of either Planning Commission, the Secretary shall transmit to the Clerk of the Board of Supervisors all records relating to the appeal. The Clerk of the Board of Supervisors shall set a date for a public hearing before the Board of Supervisors, not later than 30 days following the date the Notice of Appeal was received.

   • Notice of the hearing shall be given as provided in the User Guide, provided however, where the matter being appealed is a recommendation by the Planning Commission against the adoption of an amendment of this Code to change property from one zoning district to another the only notice given shall be the notice required by CA GOV §65854 unless additional notice is directed by the Board of Supervisors.

   • In addition to any other matters set forth in the notice, the notice of the hearing shall contain the following statement:

• “The decision of the Board of Supervisors shall be final for all purposes unless a court review thereof is commenced within 30 days after such a decision becomes final.”

2. Action. The Board of Supervisors shall review the entire proceeding held before the Planning Commission and may make any order it deems just and equitable, including the grant of any permit.

6.1.3.G. Limitation of Actions

Any court action or proceeding to attack, review, set aside, void, or annul any decision, proceeding, act or determination by the Board of Zoning Appeals or by the Board of Supervisors concerning any matter provided for in this Code, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained unless such action or proceeding is commenced within 30 days after the date such decision became final.

6.1.4.A. Purpose

For the purpose of defraying the expense involved with the filing of any application or petition, the Board of Supervisors shall establish by resolution a schedule of fees, charges, and expenses and a collection procedure for Amendments to this Code, Variances, conditional use and other permits, Exceptions, Appeals, requests for hearings, notices, and other matters relating to this Code. The schedule may be amended by subsequent resolution.

No fee shall be charged for a hearing of a decision of the Planning Commission if the vote of the Commissioners results in a tie (2-2) vote; nor shall any fee be charged persons whose properties are

included in Resolutions of Intention adopted by the Planning Commission or the Board of Supervisors initiating a procedure to amend this Code.

6.1.4.B. Payment

No action shall be on any application or petition until all applicable fees, charges and expenses have been paid in full.

6.1.4.C. Refund

Fees are not refundable, except when all of the following conditions exist:

1. Expenditures have not been made by the County with regard to the petition.

2. Investigation has not been made as a result of the application or petition.

3. The application or petition has not been set for public hearing.

   • A partial refund of fees is possible when unspent fees remain. The determination of the Planning Director shall be final in all questions relating to refunds.

6.1.4.D. Waiver of Fees

[AMENDED 12-01-2017]

The Deputy County Executive Officer is authorized to approve a waiver of any fee, change or expense to any applicant for a permit or entitlement pursuant to this Code, if written findings are made establishing that an error was made by a County employee that caused the need for the application to be filed. If such findings cannot be made, the request for a fee waiver shall be forwarded to the Board of Supervisors for consideration. The Board of Supervisors should consider whether there was a staff error or other special circumstance that justifies the waiver.

6.1.4.E. Determination of Land Use Type Table for Fees

1. The land use zoning districts listed in Table 6.1 shall be included within the corresponding land use type listed in the Table and such land use types shall be used for all purposes, specified pursuant to Chapter 16.87 of the SCC, including establishing, paying, and collecting roadway fees and transit fees.

   • Special Planning Area Land Use Zone (SPA) and Combining Land Use Zoning Districts shall be included within the land use types in this Section as designated by the Planning Director, who shall determine which land use zoning district or zoning districts authorize the uses and densities which correspond most directly to the uses and densities allowed in the areas within the SPA or Combining Zoning Districts.

Table 6.1 Land Use Types Corresponding to Zoning Districts

Land Use Type

Uses allowed by Conditional Use Permit in any of the zoning districts described in this subdivision shall be included within the land use types in Table 6.1 as designated by the Planning Director, instead of being included on the basis of the underlying land use zoning district in effect on the parcel of property. The Planning Director shall determine which land use zoning district or zoning districts authorize the uses and densities which correspond most directly to the uses and densities allowed by the Conditional Use Permit.

2. In any land use zoning district specified in subdivision (a), no building permit shall be issued (and no improvement plans for a mobile home park shall be approved) until the roadway fees and transit fees are paid as required by Chapter 16.87 of the SCC.

6.1.5.A.

[AMENDED 06-07-2018]

Notwithstanding any other provision of this Code, an entitlement, permit, approval, or nondiscretionary Design Review determination issued pursuant to this Chapter, if not used for the purpose for which it was granted, shall lapse and become void three years following the date on which the permit became effective, unless by conditions of the approval, a greater time is allowed, or upon the expiration date of a valid building permit application made after granting of the entitlement, permit, approval, or non-discretionary Design Review determination, provided the Planning Director has authorized issuance of that building permit; whichever date is last to occur.

6.1.5.B.

Notwithstanding any other provision of this Code, any entitlement or other approval which would expire pursuant to this Code shall be extended as follows:

1. Any entitlement or other approval which was approved concurrently with and pertains to any approved tentative subdivision or parcel map the expiration date of which was automatically extended by the provisions of CA GOV §66452.21-66452.24, or by the provisions of any other similar Section that may from time to time be added to the CA GOV, shall be extended automatically for the same period as that provided by said Section for the approved tentative subdivision or parcel map to which it pertains.

6.1.5.C.

Any entitlement or other approval which would otherwise expire between March 5, 2020 and December 30, 2021, shall automatically be extended to December 31, 2021.

[AMENDED 07-16-2020]