Chapter 17.860 — MINISTERIAL APPROVAL FOR INFILL HOUSING PROJECTS

The purpose of this chapter is to streamline the permitting process for infill housing projects, including mixed-use projects, that comply with specific development options set forth in California Government Code sections 65852.24, 65912.100-65912.105, 65913.4, 65913.12, and 65913.16; or the city's local ministerial development option as set forth in section 17.860.030. Nothing in this chapter precludes an applicant from applying for discretionary site plan and design review. (Ord. 2024-0051 § 33; Ord. 2024-0017 § 69; Ord. 2020-0031 § 4)

A. Administrative permit. A housing project, including a mixed-use project, will be granted an administrative permit if it —

1. Qualifies for streamlined, ministerial approval under California Government Code section 65913.4;

2. Complies with the city's objective zoning standards and objective subdivision standards, as defined in California Government Code section 65913.4 and set forth in this code; and

3. Complies with the city's objective design review standards, as defined in California Government Code section 65913.4 and as set forth in the Citywide Infill Housing Design Standards.

B. Conflicting laws. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code section 65913.4, the provisions of the California Government Code prevail.

C. Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements in subsection A above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:

1. Within 60 days of submittal of the application if the project contains 150 or fewer dwelling units;

2. Within 90 days of submittal of the application if the project contains more than 150 dwelling units; or

3. Within 30 days of resubmittal of any application that was denied but resubmitted to address written feedback provided by the city pursuant to subsections C.1 or C.2 above.

• D. Deemed approval. If the city does not provide written notice as required by subsection C above, the project will be deemed to satisfy the requirements specified in subsection A above and must be granted an administrative permit.

E. Establishment and expiration of the permit. Section 17.808.470 governs the establishment and expiration of an administrative permit granted under this section, except when that section conflicts with subdivision (f) of California Government Code section 65913.4, in which case the provisions of the California Government Code prevail. (Ord. 2026-0001 § 32; Ord. 2024-0017 § 70; Ord. 2021-0024 § 43; Ord. 2020-0031 § 4)

• A. Administrative permit. A housing project will be granted an administrative permit if it—

1. Qualifies for streamlined, ministerial approval under California Government Code chapter 4.1;

2. Complies with the city's objective zoning standards and objective subdivision standards, as defined in California Government Code chapter 4.1 and as set forth in this code; and

3. Complies with the city's objective design review standards, as defined in California Government Code chapter

• 4.1 and as set forth in the Citywide Infill Housing Design Standards.

4. Complies with the objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code sections 21670 through 21679.5

B. Conflicting laws. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code chapter 4.1, the provisions of the California Government Code prevail.

C. Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements in subsection A above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:

1. Within 60 days of submittal of the application if the project contains 150 or fewer dwelling units;

2. Within 90 days of submittal of the application if the project contains more than 150 dwelling units; or

3. Within 30 days of resubmittal of any application that was denied but resubmitted to address written feedback provided by the city pursuant to subsections C.1 or C.2 above.

• D. Deemed approval. If the city does not provide written notice as required by subsection C above, the project will be deemed to satisfy the requirements specified in subsection A above and must be granted an administrative permit.

E. Establishment and expiration of the permit. Section 17.808.470 governs the establishment and expiration of an administrative permit granted under this section, except when that section conflicts with California Government Code section 65913.4, subdivision (f), in which case the provisions of the California Government Code prevail. (Ord. 20260001 § 33; Ord. 2024-0017 § 71)

A. Deemed allowable use. A housing development project, as defined in California Government Code section 65852.24, is deemed an allowable use on land zoned for office, retail, or parking and shall not require a rezone, if it—

1. Complies with California Government Code section 65852.24;

2. Is not within a special planning district, overlay zone, or planned unit development that prohibits office, retail, or stand-alone surface parking as permitted uses; and

3. Complies with the city's development standards and guidelines.

B. Conflicting laws. In the case of a conflict between the city’s development standards and guidelines and the standards set forth in California Government Code section 65852.24, the provisions of the California Government Code prevail. (Ord. 2024-0017 § 72)

• A. Administrative permit. A housing project will be granted an administrative permit if it:

1. Qualifies for streamlined, ministerial approval under California Government Code section 65913.16;

2. Complies with the city's objective zoning standards and objective subdivision standards, as defined in California Government Code section 65913.16 and as set forth in this code;

3. Complies with the city's objective design review standards, as defined in California Government Code section 65913.16 and as set forth in the Citywide Infill Housing Design Standards; and

4. Complies with the objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code sections 21670 through 21679.5.

B. Conflicting laws. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code section 65913.16, the provisions of the California Government Code prevail.

C. Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements set forth in subsection A above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:

1. Within 60 days of submittal of a complete application if the project contains 150 or fewer dwelling units; or

2. Within 90 days of submittal of a complete application if the project contains more than 150 dwelling units.

• D. Deemed approval. If the city does not provide written notice as required by subsection C above, the project will be deemed to satisfy the requirements specified in subsection A above and will be granted an administrative permit.

E. Establishment and expiration of the permit. Section 17.808.470 governs the establishment and expiration of an administrative permit granted under this section, except when that section conflicts with California Government Code section 65913.4, subdivision (f), in which case the provisions of the California Government Code prevail. (Ord. 20240051 § 34)

• A. Administrative permit. A housing project will be granted an administrative permit if it:

1. Qualifies for streamlined, ministerial approval under California Government Code section 65913.12;

2. Complies with the city's objective zoning standards and objective subdivision standards, as set forth in this code;

3. Complies with the city's objective design review standards, as defined in California Government Code section 65913.12 and as set forth in the Citywide Infill Housing Design Standards; and

4. Complies with the objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code sections 21670 through 21679.5.

B. Conflicting laws. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code section 65913.12, the provisions of the California Government Code prevail.

C. Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements set forth in subsection A above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:

1. Within 60 days of submittal of a complete application if the project contains 150 or fewer dwelling units; or

2. Within 90 days of submittal of a complete application if the project contains more than 150 dwelling units. D. Deemed approval. If the city does not provide written notice as required by subsection C above, the project will be deemed to satisfy the requirements specified in subsection A above and will be granted an administrative permit. (Ord. 2024-0051 § 35)

17.860.030 City of Sacramento ministerial review option for infill housing projects.

A. A housing project, including a mixed-use project, will be granted an administrative permit if it complies with all the following:

1. The project consists of duplex dwellings or multi-unit dwellings that include a total of not more than 200 dwelling units;

2. The project does not require a conditional use permit, variance, legislative change request, or any other discretionary entitlement or request under this title;

3. The project consists of infill, as defined in section 17.108.100;

4. At least two-thirds of the project's gross square footage is designated for residential use;

5. The design, layout, and physical characteristics of the project are consistent with, and do not deviate from, the city's development standards and design guidelines;

6. The project does not involve

• a. The demolition of dwelling units occupied by one or more tenants in a multi-unit dwelling within one year prior to the time an application is submitted for approval under this chapter;

• b. The demolition of dwelling units subject to an affordable housing regulatory agreement; or

• c. A reduction in the total number of dwelling units on the site.

7. The project is consistent with the general plan and any applicable specific plan or transit village plan;

8. The project does not involve a historic or cultural resource; and

9. The project is not located

• a. Within a planned unit development;

• b. Within a historic district listed on the Sacramento register, the National Register of Historic Places, or the California Register of Historical Resources;

• c. On or within 1,000 feet of an existing or former landfill;

d. On a site listed pursuant to California Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to California Health and Safety Code section 25356, unless the appropriate enforcement agency has cleared the site for residential use;

e. On a site regulated by the Mobilehome Residency Law (Cal. Civ. Code, § 798 et seq.), Recreational Vehicle Park Occupancy Law (Cal. Civ. Code, § 799.20 et seq.), Mobilehome Parks Act (Cal. Health & Saf. Code, § 18200 et seq.), or the Special Occupancy Parks Act (Cal. Health & Saf. Code, § 18860 et seq.);

f. On a site that contains habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), the California Endangered Species Act (Cal. Fish & G. Code, § 2050 et seq.), or the Native Plant Protection Act (Cal. Fish & G. Code, § 1900 et seq.);

g. On a site with wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);

h. On land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Cal. Fish & G. Code, § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan;

i. On land protected by a conservation easement; or

j. On a site known to contain archaeological resources, paleontological resources, tribal cultural resources, or human remains.

B. Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements set forth in subsection A, the city shall inform the applicant, in writing, of the

requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:

1. Within 60 days of submittal of the application if the project contains 150 or fewer dwelling units; or

2. Within 90 days of submittal of the application if the project contains more than 150 dwelling units.

• C. No deemed approval. Failure to provide written notice within the timeframes in subsection B does not result in deemed approval. (Ord. 2024-0017 § 73; Ord. 2020-0031 § 4)

• A. Section 17.800.050 does not apply to the denial of an application under this chapter.

• B. A decision under this chapter is subject to reconsideration by the planning director. (Ord. 2024-0053 § 4; Ord. 2020-0031 § 4)