6.5. OTHER APPLICATIONS

6.5.1.A. Purpose

The Variance process is intended to provide limited relief from the requirements of this Code in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship, prohibiting the use of land in a manner otherwise allowed under this Code.

It is not intended that a Variance be granted to 1) allow a use in a zoning district where it is not permitted by this Code; or 2) merely remove an inconvenience or financial burden that the requirements of this Code may impose on property owners in general. Rather, a Variance approval is intended to provide limited relief where the requirements of this Code render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the Variance is requested. State and/or federal laws or requirements may not be varied by the County.

6.5.1.B. Applicability

Variances may be granted as authorized in Planned Developments, Special Planning Areas, and Neighborhood Planning Areas when the appropriate authority, as provided by this Section, finds that:

1. The applicant has shown that because of special circumstances peculiar to the subject property, including size, shape, topography, location, or surroundings; or because of the location of Heritage or Landmark Trees as defined and regulated by Chapter 19.4 of the SCC, the strict application of the requirements of this Code would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning district classifications.

2. The grant of the Variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the subject property is situated.

3. The requirements of this Section shall be strictly interpreted and enforced for all open space zoning district to protect the interest of the public in the orderly growth and development of cities and counties and in the preservation and conservation of open space lands.

In all other cases, a Special Development Permit may be granted by the appropriate authority to provide greater flexibility from and alternatives to development standards, minimum lot area and lot width, and minimum public street frontage in any zoning district, subject to the provisions of Section 6.4.6. The provisions of this Section shall not be applicable to a planned development processed and approved pursuant to the provisions of this Code unless authorized in the ordinance adopting the planned development.

6.5.1.C. Application Procedures

Detailed procedures for the application, review, and approval of Variances, including public hearing and noticing requirements are outlined in the User Guide.

6.5.1.D. Decision Authority and Approval Criteria

1. Approval authority for review and decisions on Variances is as indicated in the Use Tables, Table 3.1 and are as summarized in Sections 6.5.1.D.1.a through 6.5.1.D.1.c.

• a. Zoning Administrator. The Zoning Administrator shall be the appropriate authority to hear and decide applications for Variances, except as otherwise specified in this Code.

  • b. Planning Commission. The Planning Commission shall be the appropriate authority to hear and decide all applications for Variances when an application has been filed contemporaneously with an application for any other zoning matter for which a hearing is to be held by the Planning Commission.

  • c. Board of Supervisors. The Board of Supervisors shall be the appropriate authority to hear and decide an application for a Variance when so indicated on the Use Tables, Table 3-1 of this Code; or when an application has been filed contemporaneously with an application for any other zoning matter for which a hearing is to be held by the Board of Supervisors; or, after a recommendation by the Planning Commission, when an application is located within the area regulated by any Airport Comprehensive Land Use Plan (CLUP) and does not comply strictly with policies of the CLUP, upon making the findings by a 4/5 vote.

2. Conditions

The appropriate authority may designate such conditions in connection with Variances as it deems necessary to protect the purposes of this Code. Such conditions may include, but are not limited to:

• a. Dedications of rights-of-way.

• b. Improvements of vehicle access to the subject property to County standards.

• c. Regulation of the placement of the use or building on the subject property.

• d. Regulation of height, number of stories.

• e. Regulation of the nature, hours of operation, extent of use.

• f. Regulation of landscaping for the protection of adjoining and nearby properties.

• g. Term of the Variance.

The appropriate authority may require guarantees in the form of bonds, cash deposits or other evidence of good faith so as to secure compliance with imposed conditions.

[AMENDED 01-10-2025]

6.5.2.A. Purpose and Applicability

A Certificate of Nonconforming Use may be issued to allow continuation of a nonconforming use of land or buildings, described and subject to the standards in Section 1.9, “Nonconformance,” beyond the timeframe stipulated in Section 1.9 or project-specific zoning ordinance that the use became nonconforming. A Certificate of Nonconforming Use may be granted by the appropriate authority in any zoning district.

6.5.2.B. Application Procedures

Detailed procedures for the application, review, and approval of a Certificate of Nonconforming Use, including public hearing and noticing requirements, are outlined in the User Guide.

6.5.2.C. Decision Authority

1. The Planning Director shall be the appropriate authority to review and decide all applications for the Certificate of Nonconforming Use except as otherwise specified in this Section.

2. For applications involving a nonconforming dwelling unit, the Planning Director shall consider reasonable accommodation for persons with disabilities consistent with federal and state fair housing laws. Such housing shall be used by individuals protected under federal and state fair housing laws and the accommodation is necessary to make specific housing available to protected individuals.

3. The Planning Commission shall be the appropriate authority to review and decide a Certificate of Nonconforming Use to reinstate a use that has been deemed discontinued pursuant to Section 1.9.3.A.3.

6.5.2.D. Findings and Conditions

1. General Findings. The following findings shall be made by the appropriate authority:

   • a. Such use was made nonconforming by a rezoning action initiated by the Board of Supervisors or by a Zoning Code amendment adopted by the Board of Supervisors and prior to the effective date of the adopted amendment, the use was a legally established use in conformance with the Zoning Code in effect at that time the use was established;

   • b. No complaints of any kind are pending, nor has there been a history of complaints, before the Office of Development and Code Services regarding the property and no enforcement action of any kind is pending regarding the property. For purposes of this Section, "enforcement action" shall include, but not be limited to notices given by the Code Enforcement Division, stipulated judgments or other settlement documents requiring performance of some activity, and enforcement litigation. The pendency of any complaint or any action based solely on the nonconforming status of the property shall not be the basis for denial of the certificate;

   • c. If the use is one which is required by this Code to be located at least 500 or 1,000 feet from any residential, interim residential, estate, agricultural- residential, or agricultural land use zoning district, then the use shall meet the required distance from any such land use zoning district, except as provided in Section 1.9.3.F;

• d. Except for requests for reinstatement of a discontinued nonconforming use; If the use is one for which a business license is required, a valid business license has been continuously held for the entire period it has been required.

  • e. The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area;

  • g. The nonconforming use is compatible with the general character of the surrounding area; and,

  • h. The proposed action is compatible with the purpose of the applicable zone.

2. Additional Findings for Reinstatement of a Nonconforming Use. In addition to the

• findings in Section 6.5.2.D.1, the Planning Commission shall make the following findings to reinstate a discontinued nonconforming use:

  • a. The use was legally established and was made nonconforming by a SZC amendment approved by the Board of Supervisors. As a result of that amendment, the use is currently

prohibited in the zone district in which the use is located, or requires an entitlement to operate, and therefore would not be able to continue operation or recommence operation without either obtaining approval of a Rezone, Zoning Code Amendment, or other entitlement; and,

• b. The applicant has demonstrated that reinstatement of the nonconforming use will provide a public convenience or benefit to the surrounding community.

3. Conditions of Approval. A Certificate may be issued subject to conditions reasonably related to making the current use conform to reasonable standards in the current zoning district. Conditions may include, but are not limited to:

   • a. A term of expiration where deemed appropriate by the granting authority.

   • b. The use permitted by the certificate is subject to restrictions on expansion, extension, change, and discontinuance in accordance with the procedures of the User Guide and Section 1.9.

   • c. A certificate may be revoked in the same manner and for the same reasons as provided in Section 6.4.1.G.

6.5.2.E. Appeal

Any person may appeal the approval or denial of the certificate within 10 days of the date on the notice of action. Said appeal shall be heard by the Board of Zoning Appeal in accordance with the procedures of the User Guide.

6.5.2.F. Termination of Approval

Except as provided in 6.5.2.F.1, if a nonconforming use is discontinued for 90 days or as stipulated in a project-specific zoning ordinance or conditions of approval, the Certificate of Nonconforming Use shall lapse.

1. In the case of a massage enterprise or provider, the Certificate of Nonconforming Use shall be terminated in the following instances:

   • a. If the Special Business License lapses for a period of more than 30 days;

   • b. If the General Business License lapses for a period of more than 90 days;

   • c. If ownership of the business is transferred, unless specifically authorized in the valid Certificate of Nonconforming Use.

6.5.3.A. Purpose

This Section establishes a procedure whereby Code users may seek an interpretation of any of this Code’s provisions, including an interpretation of whether a specific proposed use is determined to be within a use classification permitted in a particular zoning district.

6.5.3.B. Application Procedures

The applicant shall submit a Request for Interpretation. Detailed procedures for the review and approval of an Interpretation are outlined in the User Guide.

6.5.3.C. Decision Authority and Approval Criteria

The Planning Commission shall hear and decide on applications for an Interpretation, in accordance with the procedures described in the User Guide. The Commission may seek the advice of any County Department or Office before deciding on any question or interpretation.

6.5.3.D. Appeal

The applicant may appeal the decision of the Planning Commission to the Board of Supervisors, in accordance with the procedures described in the User Guide.

[AMENDED 09-09-2022]

6.5.4.A. Purpose and Intent

[AMENDED 09-09-2022][AMENDED 07-11-2024]

This section is intended to provide incentives for the production of housing including projects with shared housing buildings for very low, low, and moderate income households, senior citizen households, transitional foster youth; disabled veterans; homeless; college students; and, Housing Developments that include child care facilities in accordance with CA GOV §65915 through §65917 (State Density Bonus Law). In enacting this Section, it is the intent of the Board of Supervisors to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the County’s Housing Element.

6.5.4.B. Definitions

[AMENDED 09-09-2022][AMENDED 07-11-2024]

As used in this Section, the following words and phrases shall have the meanings set forth herein:

1. “Affordable Rent”, except as otherwise provided in Sections 6.5.4.B.1.a. and b. below, means monthly housing expenses, including a reasonable allowance for utilities, for rental target units as set forth in the CA HSC §50053.

   • a. For projects that are 100 percent affordable (excluding managers unit), the affordable rent will be calculated in accordance with CA GOV §65915(c)(1)(B)(ii).

   • b. For projects providing housing for low income college students, income eligibility and affordable rent will be calculated in accordance with CA GOV §65915(b)(1)(F)(i)(III).

2. “Affordable Sales Price” means a sales price at which Moderate, Low or Very Low Income Households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the development.

3. “Area median income” means the median family income applicable to Sacramento County, as published and periodically updated by the State Department of Housing and Community Development pursuant to CA HSC §50093.

4. “Child care facility” means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

5. “Common Interest Development” is defined in CA CIV §4100. In order to qualify for a density bonus, all units in the development must be offered to the public for purchase.

6. “Density Bonus” means a density increase over the otherwise maximum residential density under the applicable zoning code, master plan or specific plan provisions and the land use element of the general plan as of the date of application to the County.

7. “Density Bonus Housing Agreement” means a legally binding agreement between a developer and the County to ensure that the requirements of this Section are satisfied.

8. “Density Bonus Units” means those residential units granted pursuant to the provisions of this Section which exceed the otherwise Maximum Residential Density for the development site.

9. “Disabled veteran” has the definition set forth in CA GOV §18541.

10. “Homeless person” has the definition set forth in 42 U.S.C. Section 11301 and following.

11. “Homeless service provider” has the definition set forth in CA HSC §103577(e)(3).

12. “Housing Cost” means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. Adjustments should be made as necessary for down payment assistance.

13. “Housing Development” means development projects consisting of five or more residential units, including single-family, multifamily, mixed-use, and mobile homes for sale or rent, and as further defined in CA GOV §65915(i).

14. “Incentive” or “concession” means a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission and other such regulatory concessions as specified in CA GOV §65915(k) which would result in identifiable and actual cost reductions to provide for affordable housing.

15. “Low Income Household” means households whose income does not exceed the lower income limits applicable to Sacramento County, as published and periodically updated by the State Department of Housing and Community Development pursuant to CA HSC §50079.5.

16. “Lower Income Student” means a student who has a household income and asset level that does not exceed the level for a Cal Grant A or Cal Grant B award recipient as set forth in CA EDC §69432.7. The eligibility of a student under this income level shall be verified as specified in CA GOV §65915(b)(1)(F)(i).

17. “Major Transit Stop” for purposes of the Affordable Housing Incentive Program and State Density bonus means a transit stop as defined in CA PRC §21064.3 and shall also include major transit stops that are included in the applicable regional transportation plan. Distance from a major transit stop shall be measured from any point of the proposed eligible development project as defined in Section 6.5.4.B. that is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or local agency operating the major transit stop.

18. “Maximum Residential Density” means the density allowed under the Zoning Ordinance (includes project specific zoning ordinances) at the time of the application. If the Housing Development is within a planned development overlay zoning district, the maximum residential density shall be determined on the basis of the general plan and the maximum density of the underlying zoning district. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

Housing Development is within a planned development overlay zoning district, the maximum residential density shall be determined on the basis of the general plan and the maximum density of the underlying zoning district. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

19. “Moderate Income Household” or “Middle-Income Household” means households of low or moderate income whose income exceeds the lower income limits, but does not exceed 120 percent of the median income, applicable to Sacramento County, as published and periodically updated by the State Department of Housing and Community Development pursuant to CA HSC §50093.

20. “Non-regulated Unit” means all units within a Housing Development excluding the target units.

21. “Planned Development” is defined in CA CIV §4175.

22. “Replace or Replacement Unit” has the definition as set forth in CA GOV §65915(c)(3)(B).

23. “Qualifying Resident” means senior citizens or other persons eligible to reside in a Senior Citizen Housing Development.

24. “Senior Citizen Housing Development” means a housing development as defined in CA CIV §51.3 or mobile home park that limits residency based on age requirements for housing for older persons pursuant to CA CIV §798.76 or §799.5.

25. “Shared Housing Building” is a is a residential or mixed-use structure with five or more shared housing units with one or more common kitchens and dining areas designated for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be adequate to accommodate all residents.

• a. A shared housing building may include other dwelling units that are not shared housing units provided that those dwelling units (unshared units) do not occupy more than 25 percent of the floor area of the shared housing building.

• b. A shared housing building may include incidental commercial uses, provided those uses are otherwise allowable in the zone district and are located only on the ground floor or the level of the shared housing building closest to the public street or sidewalk.

• c. A shared housing unit means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specific to §R304 of the California Residential Code and is part of the shared housing building with access to common kitchens and dining areas of other common amenities of the shared housing building.

26. “Specific Adverse Impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date of the application was deemed complete and as set forth in CA GOV §65589.5(d)(2).

27. “Special Needs Housing” means any housing, including supportive housing, intended to benefit, in whole or in part, transitional foster youth, disabled veterans, homeless persons, or other persons identified as having special needs as further defined in CA HSC §51312.

28. “Student Housing Unit” has the same meaning as set forth in CA GOV §654915(b)(1)(F)(i).

29. “Target Unit” means a dwelling unit within a Housing Development which will be reserved for sale or rent to, and affordable to Very Low, Low or Moderate Income Households, or Qualifying Residents.

30. “Transitional Foster Youth” means a person in California whose dependency was established or continued by the court on or after the youth’s 13th birthday and who is no older than 25 years of age as further defined in the CA EDC §66025.9.

31. “Very Low Income Household” means households whose income does not exceed the very low income limits applicable to Sacramento County, as published and periodically updated by the State Department of Housing and Community Development pursuant to CA HSC §50105.

32. “Waiver” means a reduction or elimination of a development standard that if imposed would result in physically precluding the development of the proposed affordable Housing Development.

6.5.4.C. Eligibility Criteria

[AMENDED 09-09-2022] [AMENDED 07-11-2024]

1. The County shall consider a density bonus and/or provide incentives/concessions or waivers, as described in this Section, when an applicant for a Housing Development (including Shared Housing Buildings) of five or more units seeks and agrees to construct a project that will contain at least one of the following:

   • a. At least 10 percent of the total units of the Housing Development as target units affordable to Low Income Households;

   • b. At least five percent of the total units of the Housing Development as target units affordable to Very Low Income Households;

   • c. Senior Citizen Housing Development including a mobile home park age-restricted to senior citizens (no affordable units required);

   • d. At least 10 percent of the total units in a for-sale Common Interest Development affordable to Moderate Income Households;

   • e. 100 percent of the housing units (other than manager’s units) are restricted to very low, lower, and moderate income residents (with a maximum of 20 percent moderate income);

   • f. At least 10 percent of the housing units are for transitional foster youth, disabled veterans, or homeless persons, with rents restricted at the very low income level;

   • g. At least 20 percent of the housing units are for low income college students in housing dedicated for full-time students at accredited colleges;

• i. In order to be eligible under this subclause, the applicant for the Housing Development shall, as a condition of receiving a Certificate of Occupancy, provide evidence to the County that the applicant has entered into an Operating Agreement or Master Lease with one or more accredited institutions of higher education to occupy all of the units of the Student Housing Development with students from that institution(s). An Operating Agreement or Master Lease pursuant to this subclause is

not violated or breached if, in any subsequent year, there are not sufficient students enrolled in the institution(s) to fill all units in the Student Housing Development.

• ii. A minimum of the applicable 20 percent of units in the Housing Development will be used for Lower Income Students.

• iii. The target units shall be subject to a recorded affordability restriction of 55 years.

• iv. The rent provided for the target units shall be calculated at 30 percent of 65 percent of the Area Median Income for a single-room occupancy type.

• v. The Housing Development will provide priority for the applicable target units for Lower Income Students experiencing homelessness.

• vi. For purposes of calculating a density bonus granted pursuant to this Subsection, the term “unit” means one rental bed and it’s pro rata share of associated common area facilities.

• h. The project donates at least one acre of land for the development of very low income units pursuant to Section 6.5.4.G.;

• i. Redevelopment of Existing Dwelling Units pursuant to Section 6.5.4.I.;

• j. Conversion to Condominiums pursuant to Section 6.5.4.J.; or

• k. Commercial Projects that have entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects pursuant to CA GOV §65915.7 and Section §5.4.4.K.

2. Application

A developer seeking approval of a Housing Development pursuant to this Section shall file an application with Planning and Environmental Review which shall be processed concurrently with any other application(s) required for the Housing Development. Such application shall be on a form as prescribed by the Planning Director that shall include but not be limited to, the following:

• a. Project Description. A brief description of the proposed Housing Development including but not limited to, the total number of units; number of target units and eligibility category; and number of requested density bonus units.

• b. Incentives/Concessions. A list of requested incentives as provided in Section 6.5.4.D.2 along with a description on how the incentives will result in an identifiable and actual cost reduction to provide affordable housing.

• c. Waivers. A list of requested waivers to development standards as provided in Section 6.5.4.D.3 along with a brief description or documentation on how imposition of said development standard would result in physically precluding the development of the proposed affordable Housing Development project.

• d. Affordable Housing Strategies Memorandum. An executed memorandum of understating in such form as is reasonably satisfactory to the County acknowledging the basic terms of the Affordable Housing Agreement, including but not limited to the number of Affordable Units required under this Section, as well as the unit type and Affordable Rent or Affordable Housing Cost, as applicable, for such units. Approval of the memorandum by the Planning Director shall be a prerequisite to final action on the Housing Development application. Rough grading and/or building permits shall not be issued until such time that the Affordable Housing Strategies Memorandum has been executed by the Hearing Body or, for ministerial approvals, by the Planning Director or Design Review Administrator and the final Affordable Housing Agreement has been recorded.

6.5.4.D. Density Bonus Criteria and Number of Incentives

[AMENDED 12-01-2017][AMENDED 09-09-2022][AMENDED 07-11-2024][AMENDED 06-11-2026]

A developer seeking approval of a density bonus and one or more incentives or waivers shall file an application with Planning and Environmental Review which shall process such application concurrently with any other application(s) required for the Housing Development. Such application shall include such information as may be specified by the Planning Director. The Board of Supervisors may establish an application fee for such applications.

1. Density Bonus. The maximum amount of density bonus to which the applicant is entitled shall be calculated according to Table 6.4.

   • a. An applicant may elect a lesser percentage of a density increase, including no increase in density. In cases where the applicant requests a density bonus increase less than identified in Table 6.4, no reduction in the number of target units will be allowed.

   • b. Multiple types of affordable units. If a Housing Development includes multiple types of affordable units, the applicant shall choose a single type of affordable unit (level of affordability such as extremely low, or moderate) to calculate the allowable density bonus.

   • c. Provided that a Housing Development would not restrict more than 50 percent of the total units to moderate income, lower income, or very low income; an additional density bonus

pursuant to Table 6.4.1 shall be allowable to projects which provide any of the following number of target units:

• i. At least 15 percent very low income units

• ii. At least 24 percent lower income units

iii. At least 44 percent moderate income units

Table 6.4 Density Bonus Chart [1]

[1] All Density bonus calculations resulting in fractions are rounded up to the next whole number.

[2] Affordable unit percentage is calculated excluding units added by a density bonus.

[3] Moderate income density bonus applies to for sale units and not rental units.

[4] No affordable units are required for senior units. If providing affordable units refer to appropriate income bracket.

[5] Applies when 100% of the total units (other than manager’s units) are restricted to very low, lower, and moderate income (maximum 20% moderate). If the Housing Development is located within ½ mile of a major transit stop, there is not a maximum density threshold [CA GOV §65915(e)(3)].

Table 6.4.1 Additional Density Bonus Chart

[ADDED 06-11-2026]

2. Incentives and Concessions. An applicant for an affordable housing project may submit a proposal for the specific incentives or concessions that the applicant requests pursuant to CA GOV §65915(d).

   • a. The applicant shall receive up to a maximum of five incentives (concessions) based on the level and amount of affordability provided by the Housing Development as indicated in Table 6.5.

Table 6.5 Maximum Number of Incentives (Concessions)

• b. Incentives or concessions requested may include:

  • i. Reduced minimum lot sizes and/or dimensions.

  • ii. Reduced minimum lot setbacks. Each setback category counts as one concession. Multiple buildings of the same use type can be grouped together for purposes of requesting a setback concession (examples: three apartment buildings with varying distance from rear property line not meeting the minimum setback would count as one concession; buildings that have different setback requirements cannot be grouped together and shall count as separate concessions; a deviation to both rear and front yard setbacks counts as two concessions).

  • iii. Reduced minimum outdoor and/or private outdoor living area.

  • iv. Increased maximum lot coverage.

  • v. Increased maximum building height and/or stories.

  • vi. Reduced on-site parking standards, including the number or size of spaces and garage requirements.

  • vii. Reduced minimum building separation requirements.

    • viii. Reduced street standards, e.g., minimum street widths.

• ix. A reduction of site development standards or a modification of Code or Countywide Design Guidelines – Multifamily Residential Design Standards.

  - x. Allowing the Housing Development within a residential zone to include nonresidential accessory uses that provide necessary services and benefits to the residents of the Housing Development and/or provide a community benefit. Such accessory uses may include medical, educational, professional, child care, or any other uses available to the residents of the Housing Development or are open to the public and deemed appropriate by the Planning Director and hearing authority. A Housing Development wishing to include this incentive shall submit and receive approval by the hearing authority of their operation plan as part of the project application demonstrating that the accessory uses(s) does not negatively impact the surrounding community and is ancillary to the primary residential use. 
  
  - xi. Waiving the Use Permit requirement for multifamily housing projects in the BP zone. 
  
  - xii. Approval of mixed-use zoning when the commercial, office, or other land uses are compatible with the Housing Development and the existing or planned development in the area where the proposed Housing Development will be located. The request includes an application for the zoning reclassification and if applicable Community Plan and General Plan Amendment(s). 
  
  - xiii. Other regulatory incentives or concessions, which result in identifiable cost reductions or avoidance.
  

3. Waivers. The appropriate authority, as part of its review of an application for a density bonus and/or an incentive, may waive or modify applicable development and zoning standards that will have the effect of physically precluding the construction of a Housing Development that meets the criteria of Section 6.5.4.C.1. at the densities permitted by the zone district including any incentives or concessions permitted by this Section.

   • a. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled to under Section 6.5.4.C.2.

   • b. A Housing Development that receives a waiver from maximum density pursuant to Table 6.4, Footnote 5 is not eligible for a waiver or reduction of development standards under this Section.

• c. The granting of a density bonus shall not require or be interpreted to require the waiver of local ordinances or provisions unrelated to development standards.

6.5.4.E. Development Standards

[AMENDED 09-09-2022]

1. Minimum project size. The Housing Development excluding any bonus units shall be a minimum of five units.

2. Construction of target units. Target units must be constructed concurrently with non-regulated units unless both the County and the applicant agree within the Affordable Housing Agreement to an alternative schedule for development.

3. Target units must be built on-site wherever possible and, when practical, be dispersed within the Housing Development. Where feasible, the number of bedrooms of the target units should be equivalent to the bedroom mix of the non-regulated units of the Housing Development; except that the Developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total standards, except those, which may be modified as provided by this Section.

4. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one Housing Development to be produced and operated at an alternative development site. Where the developer and the County form such an agreement, the resulting linked developments shall be considered a single Housing Development for purposes of this Section. Under these circumstances, the developer shall be subject to the same requirements of this Section for the target units to be provided on the alternative site.

5. An Affordable Housing Agreement shall be made a condition of any density bonus, incentives, or waivers, approved pursuant to this Section. The Agreement shall be recorded as a restriction on the parcel or parcels on which the target units will be constructed. The Agreement shall be consistent with Section 6.5.4.L.

6. Rental Housing Developments shall comply with the following additional requirements:

   • a. Length of Affordability. Target units shall remain restricted and affordable to the designated group for a period of not less than 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

   • b. Rents. Rents for the Target units shall be set at an Affordable Rent pursuant to Section 6.5.4.B.1.

• c. Professional Management. Rental Housing Developments shall include provisions for Professional Management of all units within the Affordable Housing Development upon completion of the Housing Development and prior to occupancy as further defined in Section 6.5.4.L.5.

6.5.4.F. Parking Standards for Affordable Housing Projects

[AMENDED 12-01-2017][AMENDED 09-09-2022][AMENDED 07-11-2024]

Upon the request of the applicant, the vehicular parking ratio, inclusive of parking for guests and people with disabilities, of a development meeting the eligibility criteria of Section 6.5.4.C., shall not be required to exceed the ratios in Tables 6.6 and 6.7. An applicant may request additional parking reductions as an incentive pursuant to Section 6.5.4.D.2.

Table 6.6 Parking Requirements [1][2]

[AMENDED 07-11-2024]

[1] If the total number of parking spaces required is other than a whole number, the number shall be rounded up to a whole number.

[2] On-site parking may be provided through tandem parking or uncovered parking, but not through on-street parking.

Table 6.7 Special Parking Requirements When Located Within Proximity to Transit

Type of Housing Development

[1] If the total number of parking spaces required is other than a whole number, the number shall be rounded up to a whole number.

[2] On-site parking may be provided through tandem parking or uncovered parking, but not through on-street parking.

[3] Must be located within one-half mile from a Major Transit Stop and have unobstructed access to that Major Transit Stop.

[4] Must have either a paratransit service or an unobstructed access to a fixed bus route service that operates at least eight times a day within one-half mile from the development.

[5] Unobstructed access means access where a resident is able to travel without encountering natural or constructed impediments, which includes but is not limited to freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots or rails used for transit.

6.5.4.G. Land Dedication

[AMENDED 09-09-2022]

1. When an applicant for a Tentative Subdivision Map, Parcel Map, or other residential development approval donates land to the County as provided for in this Section, the applicant shall be entitled to an increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development according to Table 6.4.

2. An applicant shall be eligible for the increased density bonus described in this Section if all of the following conditions are met:

   • a. The applicant donates and transfers the land no later than the date of approval of the Final Subdivision Map, Parcel Map, or residential development application.

   • b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development.

• c. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing at a density of at least 30 units per acre, and is or will be served by adequate public facilities and infrastructure.

  • d. No later than the date of approval of the Final Subdivision Map, Parcel Map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the County may subject the proposed development to subsequent Design Review to the extent authorized by CA GOV §65583.2(i) if the design is not reviewed by the County prior to the time of transfer.

  • e. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 6.5.4.L, which shall be recorded on the property at the time of dedication.

  • f. The land is transferred to the County or the Sacramento Housing and Redevelopment Agency or to a housing developer approved by the County. The County may require the applicant to identify and transfer the land to the developer.

  • g. The transferred land shall be within the boundary of the proposed development or, if the County agrees, within one-quarter mile of the boundary of the proposed development.

  • h. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the Final Subdivision Map, Parcel Map, or residential

development application.

6.5.4.H. Child Care Facilities

[AMENDED 09-09-2022]

1. When an applicant proposes to construct a Housing Development that conforms to the requirements of Section 6.5.4.B.12 and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the applicant shall receive either of the following:

   • a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

   • b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility.

2. As a condition of approving the Housing Development, the following shall occur:

   • a. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable.

   • b. Of the children who attend the child care facility, the children of very low income households, low income households, or moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, low income households, or families of moderate income pursuant to Section 6.5.4.B.27.

3. A density bonus or incentive is not required for a child care facility if the approving body finds, based upon substantial evidence that the community has adequate child care facilities.

6.5.4.I. Redevelopment of Existing Dwelling Units

[ADDED 09-09-2022]

A Housing Development is ineligible for a density bonus, incentive, reduced parking ratio or any other concessions or waivers under this Section if the Housing Development involves redevelopment of existing rental dwelling units, or existing rental dwelling units that have been vacated or demolished in the five-year period preceding the date of the Housing Incentive Application, that have been subject to a recorded covenant, ordinance, law, or any other form of rent or price control that

restricts rents to levels affordable to persons and families of lower or very low income or that have been occupied by Lower or Very Low Income Households, unless the proposed Housing Development replaces those units and either of the following applies:

1. The proposed Housing Development, inclusive of the units replaced, contains Affordable Units at the percentages set forth in Section 6.5.4.C.1.

2. Each unit in the development, exclusive of a manager’s unit, is affordable to, and occupied by, either a low or very low income household.

Dwelling units replaced under this subsection shall also comply with CA GOV §65915(c)(3)(B) and (C).

6.5.4.J. Conversion to Condominiums

[ADDED 09-09-2022]

An application request for a Density Bonus, Incentives/Concessions and/or Waiver processed in conjunction with a Conditional Use Permit for a condominium conversion may receive up to a 25 percent density bonus over the number of apartments otherwise permitted by the zoning designation, to be provided within the existing structure or structures proposed for conversion in compliance with CA GOV §65915.5 and the following:

1. Affordability. At least 33 percent of the total units, including any units that are granted by a density bonus, shall be Affordable Units to Low or Moderate Income Households or at least 15 percent of total units shall be affordable to lower income households as defined in CA HSC §50079.5.

   • a. The County may place reasonable conditions on the granting of the density bonus or other incentives pursuant to this Subsection, as it finds appropriate, including but not limited to, conditions which assure continued affordability of units to subsequent purchasers.

2. An applicant shall be ineligible for a density bonus or other incentives under this Section if the apartments proposed for conversion constitute a Housing Development for which a density bonus or other incentives were provided under CA GOV §65915.

6.5.4.K. Commercial Developer Partnership

[ADDED 09-09-2022]

1. Eligibility. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the County will grant the commercial developer a development bonus as described in Section 6.5.4.K.5.

2. Agreement for partnered housing. The commercial developer must enter into an agreement for partnered housing between a commercial developer and a housing developer that is approved by the city and identifies how the commercial developer will contribute affordable housing within the County. The commercial developer must partner with a housing developer partner that provides no less than either 30 percent of the total units for low income households or 15 percent of the total units for very low income households.

3. Contribution of affordable housing. The commercial developer may contribute affordable housing by directly building the affordable housing units, donating property to the affordable housing developer as a site for affordable housing, making a cash payment to the affordable housing developer for use towards the cost of constructing the affordable housing project.

4. Affordable housing site requirement. Housing must be constructed on the site of the commercial development or on a site that meets all of the following:

   • a. Within the boundaries of the unincorporated County;

   • b. Within close proximity to public amenities, including schools and employment centers; and

   • c. Within one-half mile of a major transit stop.

5. Development bonus. The development bonus granted to the commercial developer means incentives, mutually agreed upon by the developer and the County, including any of the following:

   • a. Up to a 20-percent increase in maximum allowable intensity in the General Plan.

   • b. Up to a 20-percent increase in maximum allowable floor area ratio.

   • c. Up to a 20-percent increase in maximum height requirements.

   • d. Up to a 20-percent reduction in minimum parking requirements.

   • e. Use of a limited-use/limited-application elevator for upper floor accessibility.

   • f. An exemption to a zoning ordinance or other land use regulation.

6. Withholding of certificate of occupancy. If construction of the affordable units does not commence within the timelines specified by the agreement for partnered housing, then the County may withhold certificates of occupancy for the commercial development until the construction of the affordable housing units are complete.

6.5.4.L. Affordable Housing Agreement

[ADDED 09-09-2022]

1. As a condition of approval of any Housing Development project pursuant to Section 6.5.4, the applicant shall agree to enter into an Affordable Housing Agreement with the Sacramento Housing and Redevelopment Agency or other regulatory entity as approved by the County.

2. The executed Affordable Housing Agreement shall be recorded on the parcel or parcels designed for the construction of target units. The approval and recordation shall take place prior to Final Map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Affordable Housing Agreement shall be binding on all future owners and successors in interest.

3. The Affordable Housing Agreement shall include the following provisions:

   • a. The total number of units approved for the Housing Development, including the number of target units;

• b. A description of the household income group to be accommodated by the Housing Development, as set forth in Section 6.5.4.C, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price and Housing Cost; The location, unit sizes (square feet), and number of bedrooms of target units.

  • c. Tenure of use restrictions for target units as set forth in Section 6.5.4.E;

  • d. A schedule for completion and occupancy of the target units;

  • e. A description of the specific density bonus and of the additional incentives or equivalent financial incentives being provided by the County;

  • f. A description of remedies for breach of the agreement by either party, including the provision that tenants and/or qualified purchasers are third party beneficiaries under the agreement; and

  • g. Any other provisions appropriate to ensure implementation and compliance with this Section.

4. For-Sale Housing Developments. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period.

   • a. A requirement that affordable for-sale units shall, upon initial sale, be sold to eligible Moderate Income Households at an Affordable Sales Price and Affordable Housing Cost,

as defined in this Section.

• b. A requirement for initial occupancy by eligible Owner-Occupant, Moderate Income Households, as defined in this Section; and

• c. The terms for future sales and recapture of any equity in order to ensure continued affordability for the requisite time period, including the following unless in conflict with the requirements of another public funding source or law:

  • i. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The County shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in CA HSC §33334.2(e) that promotes home ownership;

  • ii. The County’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sales price to the Moderate Income Household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of resale shall be used as the initial market value;

  • iii. The County’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

5. Rental Housing Developments. In the case of rental housing developments, the Agreement shall provide for the following conditions governing the use of target units during the use restriction period.

   • a. The rules and procedures for qualifying tenants, establishing Affordable Rent, filling vacancies, and maintaining target units for qualified tenants.

• b. Provisions requiring owners to verify tenants’ incomes and maintain books and records to demonstrate compliance with this Section; and

  • c. Provisions requiring owners to submit an annual report to the County, which includes the address, unit number, and income of each household occupying the Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit.

  • d. Professional Management. The Affordable Housing Agreement shall include provisions for professional management to provide for the continued maintenance of the property, including, but not limited to the following:

• i. Professional Management shall monitor the use of parking spaces within the Housing Development to ensure that parking spaces are available, maintained, and used in accordance with the conditions of approval for the project and/or Affordable Housing Agreement.

• ii. Professional Management shall ensure that the Housing Development is maintained in a manner that is consistent with the standards of the Sacramento County Development Code, this Code, and in accordance with the conditions of approval for the project and/or Affordable Housing Agreement.

• iii. Any Housing Development with 16 or more units shall have a full-time, on-site resident manager exclusively employed to manage the Housing Development.

6.5.4.M. Hearing Authority and Findings

[ADDED 09-09-2022][AMENDED 07-11-2024]

1. The application shall be heard by the same authority as the Housing Development’s other required entitlements. The hearing body shall approve the density bonus and requested incentive(s) for Qualified Housing Developments unless it makes any of the following written findings:

   • a. The incentive is not required in order to provide for affordable housing costs as defined in CA HSC §50052.5 or for rents for Targeted Units to be set as specified in CA GOV §65915(c).

   • b. The incentive would have a specific adverse impact, as defined in CA GOV §65589.5(d) (2), and for which there is not feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

2. The incentive would be contrary to state or federal law.

Moved to Section 6.4.6.G – Housing Incentives for Special Needs Groups [09-09-2022]

[AMENDED 06-20-2019]

6.5.6.A. Purpose

A Short-Term Rental Permit is an administrative permit required to allow owners or long-term tenants of residential units to rent their unit on a short-term basis (29 days or less) to transients. The use is subject to the Transient Occupancy Tax pursuant to SCC Chapter 3.08.

The purpose of this permit is to ensure compatibility of such uses with surrounding neighborhoods and properties, and to place conditions on the permit to avoid impacts associated with such uses (e.g., parking, open space, noise, trash disposal, and event control).

6.5.6.B. Application Procedures

The owner of a residential unit shall submit a written application to the Planning Director, which includes the number of tenants, terms of the rental, property management details, measures to be taken to avoid nuisances, and contact information in case of emergencies or complaints. Long-term tenants may also submit an application for a Short-Term Rental Permit with property owner permission and a lease.

6.5.6.C. Decision Authority

Upon receipt of a complete application, the Planning Director shall approve the application unless findings are made that the approval would otherwise adversely affect the residential character of the neighborhood, as noted in Section 6.5.6.D.1 through 6.5.6.D.4. The Planning Director’s action does not require noticing, a public hearing, or review by the CPAC for the area in which the use will be located. The permit shall be valid for a period of one year from the date of issuance and is required to be renewed on an annual basis thereafter.

6.5.6.D. Findings for Approval

The Planning Director shall not approve a Short-Term Rental Permit, unless they find that:

1. The proposed dwelling unit is primarily utilized as a permanent residence by the homeowner or long-term renter.

2. No owner of a short-term rental shall rent that unit for 29 consecutive days or less without a valid Short-Term Rental Permit for that unit issued pursuant to this Section, and the transient occupancy tax (TOT) shall be paid.

3. Vehicles used and traffic generated by the short-term rental shall not exceed the type of vehicles or traffic volume normally generated by a home occupied by a full-time resident in a residential neighborhood. For the purposes of this Section, “normal residential traffic volume” means up to 10 trips per day.

4. Occupants and/or guests of the short-term rental shall not create unreasonable noise or disturbances, engage in disorderly conduct or violate the provisions of this Code or any state law pertaining to noise, collection and disposal of refuse, the consumption of alcohol or the use of illegal drugs.

6.5.6.E. Revocation and Modification

Revocation and modification of an approved Short-Term Rental Permit shall be subject to the procedures listed in Section 6.6.9.D of this Code.

6.5.6.F. Appeal

An appeal of any decision made under this Chapter shall be subject to the appeal procedures listed in Section 6.1.3 of this Code.

[AMENDED 07-16-2020]

6.5.7.A. Purpose

This Section describes the procedures for the administrative issuance of Temporary Use Permits. Every use that is classified as a temporary use for the zoning district in which it is to be located, as identified in Section 3.10, shall be placed or established on the property only after first receiving an administrative Temporary Use Permit by the appropriate authority, pursuant to the provisions of this Section and in accordance with the procedures described in the User Guide.

6.5.7.B. Application Procedures

Detailed procedures for the application, review, and approval of Temporary Use Permits, including public hearing and noticing requirements are outlined in the User Guide.

6.5.7.C. Decision Authority

The appropriate authority shall decide an application for a Temporary Use Permit, pursuant to the procedures described in the User Guide, and as stated in Section 3.10.2. and 3.10.3.K. Upon the grant of a Temporary Use Permit, the appropriate authority shall prepare and deliver to the applicant a written statement describing the grant and any applicable conditions.