6.8 STATE LEGISLATION

This section aims to address State legislation impacting the Zoning Code that includes sunset provisions or contains unique stipulations applicable only to specific circumstances, making it difficult to incorporate seamlessly into other parts of the Zoning Code. As a result, it utilizes separate eligibility checklists and/or fact sheets.

6.8.2.A. Extremely Affordable Adaptive Reuse (2023)

In all zoning districts, extremely affordable adaptive reuse projects developed in compliance with all provisions in CA GOV §65913.12 are permitted by right.

6.8.2.B Sixth Cycle Housing Element (SZC-2022-0205) Programs A1 and A2 Implementation (2025)

[ADDED 03-26-2026][AMENDED 06-11-2026]

1. Notwithstanding any other provision of this Code, inclusive of Titles IV, V, and VI, in any zone, housing developments of any product type where at least 20 percent of the units are deed restricted to lower income households shall be considered a “use by right,” specifically as defined in GOV § 65583.2(i) [and replicated in subdivision (b)], provided the following requirements are met:

   • a. The development is located on a site that meets at least one of the following criteria of GOV § 65583.2(c) and Programs A1 and A2 of the Housing Element Action Plan:

     • i. The site is repeatedly identified in the Vacant Land Inventory of both previously adopted Fourth Cycle (SZC-2008-1296) and Fifth Cycle (SZC-2013-0666) Housing Elements.

     • ii. The site is identified in the Nonvacant Land Inventory in the Fifth Cycle Housing Element (SZC-2013-0666).

     • iii. The site is identified in a rezone pursuant to Sixth Cycle Housing Element Program A1, which are sites identified in Ordinances SZC-2024-00010 through SZC202400082, inclusive.

2. “Use by right,” as defined in GOV § 65583.2(i), shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act (Title 22 of the SCC). Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.

6.8.2.C Middle Class Housing Act (2022)

1. This section is valid until January 1, 2033, unless otherwise extended by State legislation.

2. In the commercial, mixed-use, C-O, and industrial zones, multifamily projects developed in compliance with all provisions of the Middle Class Housing Act of 2022 (CA GOV §65852.24 and §65913.4) are permitted by right.

6.8.2.D. Affordable Housing and High Road Jobs Act (2022)

1. This section is valid until January 1, 2033, unless otherwise extended by State legislation.

2. In the commercial, mixed-use, C-O, and industrial zones, multifamily projects developed in compliance with all provisions of the Affordable Housing and High Road Jobs Act of 2022 (CA GOV §65912.100 - §65912.105, §65912.110 - §65912.114, §65912.120 - §65912.124, and §65912.130 - §65912.131), shall be permitted by right.

6.8.2.E. Affordable Housing on Faith and Higher Education Lands Act (2023)

1. This section is valid until January 1, 2036, unless otherwise extended by State legislation.

2. In any zoning district, projects developed in compliance with all provisions of the Affordable Housing on Faith and Higher Education Lands Act of 2023 (CA GOV §65913.16) and located on a property owned by one of the following types of institutions (as defined in CA GOV §65913.16) on or before January 1, 2024, shall be permitted by right:

   • a. Institution of higher education

   • b. Religious institution

   • c. One of the above owned through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Corporation Law

6.8.3. Institutional and Commercial Legislation

6.8.3.A. Community Clinics (2024)

Community clinics, as defined in Chapter 7.3, are permitted by right in all zones where office, retail, health care, or parking are a principally permitted use. As such, in the C-O, mixed use, commercial, and industrial zoning districts, community clinics are permitted by right. Community clinics shall be subject to development standards applicable for commercial uses.

6.8.3.B Hydrogen Fueling Stations (2024)

[ADDED 07-11-2024][AMENDED 06-11-2026]

1. This section is valid until January 1, 2030, unless otherwise extended by State legislation.

2. On sites previously developed with an Automobile Service Station or in a commercial or industrial zoning district, Hydrogen Fueling Stations, as defined, and in compliance with CA GOV §65850.7, shall be exempt from all provisions of the Sacramento County Zoning Code. Review of a Hydrogen Fueling Station shall be limited to those standards and regulations necessary to ensure the Hydrogen Fueling Station will not have a specific, adverse impact upon the public health or safety.

3. Minor accessory uses and amenities commonly associated with Automobile Service Stations may also be permitted, subject to applicable development standards and Design Review approval, in connection with a Hydrogen Fueling Station. These uses and amenities may include, but are not limited to:

   • a. Manned or unmanned payment kiosks, booth, or station

   • b. Canopy

   • c. Restrooms

   • d. Air and water dispensers

   • e. Any signage permitted in the zoning district in which the Hydrogen Fueling Station is located

4. All other development (such as, but not limited to, the sale of gasoline or other motor fuels, convenience store, automobile wash facility, automobile repair) proposed in conjunction with a Hydrogen Fueling Station must abide by all applicable Zoning Code regulations and may be subject to a Conditional Use Permit pursuant to Table 3.1.

6.8.4. Industrial Legislation

6.8.4.A. Non-Agricultural Electric Security Fences

1. This section is valid until January 1, 2028, unless otherwise extended by State legislation.

2. In the MP, M-1, and M-2 zones and on property in any other zone excluding any Residential (RD) series zone, where a legally authorized commercial or industrial use stores, parks, services, sells, or rents vehicles, vessels, equipment, materials, freight, or other utility infrastructure within an outdoor lot or yard, provided that the secure area does not include any existing residential or hospitality uses, an electrified security fence may be erected pursuant to CA CIV § 835.

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