Chapter 17.868
Sacramento Zoning Code · 2026-07 edition · updated 2026-09-09 · Sacramento
Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots
| Sections: | ||
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| 17.868.010 Purpose and intent. | ||
| 17.868.020 Application requirements. | ||
| 17.868.030 General requirements. | ||
| 17.868.040 Housing developments eligible for ministerial review under California Government Code section 65852.28. |
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| 17.868.050 Subdivision maps eligible for ministerial review under California Government Code section 66499.41. |
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| 17.868.010 Purpose and intent. | ||
| The purpose of this chapter is to comply with California Government Code sections 65852.28 and 66499.41 related to housing developments and subdivision maps that are eligible for ministerial |
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| review. (Ord. 2025-0038 § 3) | ||
| 17.868.020 Application requirements. | ||
| A. Administrative permit. A development project consisting of both a housing development and a subdivision map will be granted an administrative permit if it complies with the requirements | ||
| of this chapter, except as provided in subsection F. An application made pursuant to this chapter must include both a housing development and subdivision map. | ||
| B. Conflicting laws. In the case of a conflict between the standards in this chapter and standards set forth in CaliforniaGovernment Code |
sections 65852.28 and 66499.41, the provisions of | |
| the CaliforniaGovernment Code prevail. |
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| C. Approval or denial. An application submitted pursuant to this chapter must either be approved or denied within 60 days from the date | the city receives a complete application. If denied, the | |
| city shall provide the applicant with a written list of items that are defective or deficient and a description of how the applicant can remedy the application. | ||
| D. Deemed approval. If the city does not deny the application in accordance with subsection C above, the project will be deemed to satisfy the requirements of this chapter and will be granted | ||
| an administrative permit and administratively-approved tentative map. | ||
| E. Time to resubmit. Notwithstanding section 17.800.050, if an application for an administrative permit under this chapter is denied pursuant to subsection C above, a new application may be | ||
| filed at any time. | ||
| F. Findings for denial. An application made pursuant to this chapter may be denied for reasons unrelated to noncompliance with the requirements of this chapter if, based upon a | ||
| preponderance of the evidence, the city determines the proposed housing development project or subdivision map would have a specific, adverse impact (as defined in California Government | ||
| Code section 65589.5, subdivision (d)(2)), upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. 2025-0038 § 3) |
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| 17.868.030 General requirements. | ||
| A. An application under this chapter must be for a housing development and subdivision map located on a site that satisfies all the following— | ||
| 1. The site is located within one or more of following— | ||
| a. R-1, R-1A, R-1B, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-5, RMX, RO, OB, OB-2, OB-3, EC, SC, C-1, C-2, C-3, or M-T zones; | ||
| b. C-4, M-1, M-1(S), M-2, or M-2(S) zones located within the central city; or | ||
| c. RE zone if the site is vacant (as defined in CaliforniaGovernment Code section 66499.41, subdivision (a)(2)); |
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| 2. The site meets the locational criteria in California Government Code sections 65852.28 and 66499.41; |
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| 3. The site was not established under this chapter, including a designated remainder parcel described in section 17.868.050.A.2, or section 17.864.030; and | ||
| 4. If located on a site identified in the city's 2021-2029 housing element, the site has a total capacity of 10 or fewer dwelling units, as shown | in the housing element sites inventory table. | |
| (Ord. 2025-0038 § 3) | ||
| 17.868.040 Housing developments eligible for ministerial review under California Government Code section 65852.28. | ||
| A. Development standards. | ||
| 1. Height. The maximum height of the applicable zone applies, unless that requirement would physically preclude a housing development proposed to be built to the density of 30 dwelling | ||
| units per acre. | ||
| 2. Density. | ||
| a. The maximum density is 10 dwelling units. | ||
| b. Accessory dwelling units and junior accessory dwelling units are not included in the calculation of density. | ||
| c. If located on a site not identified in the city's 2021-2029 housing element— | ||
| i. If the applicable zone includes a maximum density, the minimum density is the greater of the following— | ||
| (A) 66% of the maximum allowable residential density; or | ||
| (B) 19.8 dwelling units per acre; | ||
| ii. If the applicable zone does not include a maximum density, the minimum density is 19.8 dwelling units per acre; and | ||
| iii. The area of any designated remainder parcel described in section 17.868.050.A.2 is excluded from the calculation of residential density under this subsection. | ||
| d. If located on a site identified in the city's 2021-2029 housing element— | ||
| i. The minimum density is equal to the total capacity of dwelling units, as shown in the housing element site inventory table; and | ||
| ii. All low or very low-income units specified in the city's 2021-2029 housing element for that site are required for a period of at least 45 years. | ||
| 3. Floor area ratio. | ||
| a. If there are fewer than 3 dwelling units, the maximum floor area ratio standards established in the general plan apply, unless that requirement would physically preclude a housing | ||
| development proposed to be built to the density of 30 dwelling units per acre. | ||
| b. If there are 3 to 7 dwelling units, the maximum floor area ratio is 1.0, or the maximum floor area ratio established in the general plan, whichever is greater. | ||
| c. If there are 8 to 10 dwelling units, the maximum floor area ratio is 1.25, or the maximum floor area ratio established in the general | plan, | whichever is greater. |
| Sections: | ||
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| 4. Maximum area. The average floor area of dwelling units may not exceed 1,750 net habitable square feet (as defined inGovernment | Code |
section 66499.41, subdivision (a)(6)). |
| 5. Lot coverage. The lot coverage of the applicable zone applies, unless that requirement would physically preclude a housing development | proposed to be built to the density of 30 dwelling | |
| units per acre. |
- Setbacks.
a. Front-yard setback. The front-yard setback of the applicable zone applies, unless that requirement would physically preclude a housing development proposed to be built to the density of 30 dwelling units per net acre.
| b. Interior side-yard setback. The minimum interior side-yard setback is four feet unless a less restrictive setback is required by the applicable zone. | ||
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| c. Street side-yard setback. The minimum street side-yard setback is four feet unless a less restrictive setback is required by the applicable zone. | ||
| d. Rear-yard setback. The minimum rear-yard setback is four feet unless a less restrictive setback is required by the applicable zone. | ||
| e. Notwithstanding subsections 6.a, 6.b, 6.c, and 6.d above- | ||
| i. No setback is required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure. | ||
| ii. No setback is required between dwelling units. All dwelling units must comply with the applicable standards in title 15 of the Sacramento | City Code. | |
| B. Design standards. The city's objective design standards apply as provided for in CaliforniaGovernment Code section 65852.28 and as set forth in the |
Citywide Infill Housing Design | |
| Standards. | ||
| C. Parking. No vehicle parking spaces are required. If any vehicle parking spaces are provided, they must comply with the applicable objective standards set forth in chapter 17.608. | ||
| D. Other standards. | ||
| 1. Before issuance of a certificate of occupancy or final inspection for any dwelling unit with alley access, the alley must be named as required | by the city and a street sign must be installed | |
| as required by the city. | ||
| 2. All other applicable city objective standards apply. | ||
| 3. All requirements of California Government Code sections 65852.28 and 66499.41 apply. |
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| 4. All objective standards set forth in an applicable Airport Land Use Compatibility Plan, adopted pursuant to California Public Utilities Code sections 21670 through 21679.5, apply. (Ord. | ||
| 2025-0038 § 3) | ||
| 17.868.050 Subdivision maps eligible for ministerial review under California Government Code section 66499.41. | ||
| A. An application made pursuant to this chapter must include a subdivision map that satisfies all the requirements in CaliforniaGovernment Code |
section | 66499.41 and is subject to all the |
| following: | ||
| 1. The site proposed to be subdivided must be— | ||
| i. 5 acres or less; or | ||
| ii. 1.5 acres or less if located within the RE zone. | ||
| 2. The proposed subdivision must result in 10 or fewer parcels, not including a designated remainder parcel, as defined in CaliforniaGovernment Code |
section 66424.6, that— | |
| i. Retains existing land uses or structures; | ||
| ii. Does not contain any new dwelling units; and | ||
| iii. Is not exclusively dedicated to serving the housing development project | ||
| 3. The minimum parcel size is— | ||
| i. 600 square feet; or | ||
| ii. 1,200 square feet if located in the RE zone. | ||
| 4. There is no minimum or maximum standard for lot width, lot depth, or frontage. | ||
| 5. All applicable objective Subdivision Map Act and city map requirements apply. | ||
| 6. All parcels will be served by the city's water and sewer systems in accordance with title 13 of the Sacramento City Code. | ||
| 7. The California Building Standards Code, as set forth in title 24 of the California Code of Regulations and title 15 of the Sacramento City Code apply. | ||
| 8. The subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the site. | ||
| B. The subdivider may sell, lease, or finance any parcel resulting from a subdivision under this section if the parcel is the subject of a valid or expired administrative permit for a housing | ||
| development that complies with section 17.868.040. This does not apply to a designated remainder parcel described in section 17.868.050.A.2. | ||
| C. A remainder parcel designated on a map for a subdivision under this section may not be sold until after— |
The final map for the subdivision approved under this section is recorded; and
A certificate of compliance for the remainder parcel is recorded; provided, however, no application for the certificate of compliance for the remainder parcel may be filed before the final map is recorded.
- D. Subdivisions created in accordance with this chapter that result in four or more lots, not including a designated remainder parcel described in section 17.868.050.A.2, may be further subdivided under section 17.864.030. (Ord. 2025-0038 § 3)
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Ask AI about this code▸Contents — Sacramento Zoning Code
- Chapter 15.04
- Chapter 15.08
- Chapter 15.12
- Chapter 15.16
- Chapter 15.20
- Chapter 15.24
- Chapter 15.32
- Chapter 15.34
- Chapter 15.40
- Chapter 15.44
- Chapter 15.48
- Chapter 15.52
- Chapter 15.60
- Chapter 15.64
- Chapter 15.72
- Chapter 15.76
- Chapter 15.80
- Chapter 15.84
- Part 1 — PROJECT INFORMATION SHEET
- Part 2 — CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSC…
- Division I
- Division II
- Division III
- Division IV
- Division V
- Division VI
- Division VII
▸Division VIII
- Division IX
- Title 18