City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01146 11/18/2025
An Ordinance Amending Section 15.08.070 of and Adding Chapter 17.868 to the Sacramento City Code, Relating to Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots (M25-008)
File ID: 2025-01146
Location: Citywide
Recommendation: 1) Review an ordinance amending section 15.08.070 and adding Chapter 17.868 to the Sacramento City Code, related to ministerial approval of development projects of 10 or fewer dwelling units on urban lots and 2) pass a Motion forwarding the ordinance to City Council for consideration.
Contact: Jamie Mosler, Associate Planner, (916) 808-7875, [email protected]; Kevin Colin, Zoning Administrator, (916) 808-5260, [email protected]; Community Development Department
Presenter: Jamie Mosler, Associate Planner, (916) 808-7875, [email protected], Community Development Department
Attachments:
1-Description/Analysis
2-Ordinance (Redline)
3-Ordinance (Clean)
4-October 23, 2025 Planning and Design Commission Staff Report 5-Presentation
Description/Analysis
Issue Detail: Senate Bill (SB) 684 (2023, Caballero) was signed by the Governor on October 11, 2023, and became effective on July 1, 2024. It was subsequently amended by SB 1123 (2024, Caballero), signed by the Governor on September 19, 2024, and Assembly Bill (AB) 130 (2025, Committee on Budget) signed on June 30, 2025. Both SB 1123 and AB 130 went into effect on July 1, 2025.
Together these bills establish a statewide mandate requiring all cities and counties to ministerially approve eligible housing developments and subdivisions with 10 or fewer dwelling units on 10 or fewer lots. The legislation further permits applicants to obtain building permits earlier than allowed under current procedures, prior to final subdivision map recordation.
File ID: 2025-01146 11/18/2025
These bills prescribe statewide standards, allow for the application of certain local standards, and provide local governments with choices on certain standards and procedures. While the legislation does not require a local ordinance, staff recommends adoption of a local ordinance to establish clear procedures for local implementation.
On October 24, 2024, staff presented a draft ordinance to the Planning and Design Commission. The Commission continued the ordinance to a date uncertain with direction that staff conduct additional outreach and provide further information.
Subsequently, staff conducted additional analysis and facilitated a focus group meeting with interested stakeholders on April 22, 2025.
On October 23, 2025, staff presented a revised ordinance to the Planning and Design Commission including revisions responsive to Commission direction, stakeholder input, and new provisions required by SB 1123 and AB 130. After conducting a public hearing, the Planning and Design Commission passed a motion recommending that the City Council adopt the ordinance as presented.
A summary of the ordinance development is provided in Attachment 4.
Policy Considerations: The ordinance advances the following goals and policies of the 2040 General Plan:
Land Use Element
Policy LUP-6.3: Variety of Housing Types. The City shall promote the development of a greater variety of housing types and sizes in all existing and new growth communities to meet the needs of future demographics and changing household sizes, including the following:
single-unit homes on small lots, accessory dwelling units, tiny homes, alley-facing units, townhomes, lofts, live-work spaces, duplexes, triplexes, fourplexes, cottage/bungalow courts, neighborhood-scale multi-unit buildings, and senior and student housing.
Staff Analysis: The ordinance supports Policy LUP-6.3 by establishing clear regulations implementing SB 684 and SB 1123, facilitating the ministerial approval of single-unit homes on smaller lots and townhomes without setback requirements between units. Additionally, the ordinance incorporates standards for accessory dwelling units, further promoting the inclusion of a variety of housing types within these developments.
Housing Element
Policy H-2.3.2: Streamlined Application and Building Process. The City shall continue to facilitate interdepartmental review of development applications, encourage pre-application meetings with planning and building staff, and streamline the overall planning application and
File ID: 2025-01146 11/18/2025
building process for all development types.
Policy H-2.3.5: Clear Development Standards and Approval Procedures. The City shall maintain and administer clear development standards, and approval procedures for a variety of housing types, including, but not limited to, multifamily housing and emergency shelters.
Staff Analysis: The ordinance advances Policy H-2.3.2 and Policy H-2.3.5 by establishing clear procedures and standards aligned with a state law. In doing so, the ordinance reduces ambiguity and minimizes processing delays, promoting a streamlined and efficient review process.
Economic Impacts: None.
Environmental Considerations: Pursuant to SB 684, SB 1123, and AB 130, an ordinance to implement the provisions of these bills is not considered a project under CEQA. (Government Code, §§ 65852.28(e), 65913.4.5(b), and 66499.41(i)).
Sustainability: The proposed ordinance helps to make state legislation easier to understand and implement. This will help facilitate development in the City in a manner consistent with existing policy, including that relating to sustainability.
Commission/Committee Action: On August 21, 2024, the Planning Director initiated, pursuant to City Code section 17.916.010.A, a local ordinance to implement Senate Bill 684.
On October 24, 2024, the Planning and Design Commission conducted a public hearing on four ordinances related to Planning and Development. The Commission forwarded three ordinances, as presented, to the City Council for consideration and continued consideration of the ordinance for SB 684 to a date uncertain.
On October 23, 2025, the Planning and Design Commission conducted a public hearing on the revised ordinance and passed a motion recommending that the City Council approve the ordinance as presented.
Rationale for Recommendation: The proposed ordinance helps to refine the City’s Planning and Development Code to ensure consistency with new state legislation, which supports several goals and policies of the 2040 General Plan.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 15.08.070 OF AND ADDING CHAPTER 17.868 TO THE
SACRAMENTO CITY CODE, RELATING TO MINISTERIAL APPROVAL OF DEVELOPMENT PROJECTS OF 10 OR FEWER DWELLING UNITS ON URBAN LOTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
The city council finds the following:
1. As amended by this ordinance, the Planning and Development Code complements, supports, and facilitates the implementation of the goals, policies, and other provisions of the general plan and the city’s specific plans and transit village plans; and
2. The amendments in this ordinance promote the public health, safety, convenience, and welfare of the city.
SECTION 2.
A. Subsection D is hereby added to section 15.08.070 of the Sacramento City Code to read as follows:
D. Building permits for one or more residential dwelling units located in a subdivision approved under chapter 17.868 are subject to the following.
1. A building permit will be issued prior to recording a subdivision map (a final map or parcel map) for one or more residential dwelling units located in a subdivision approved under chapter 17.868 if all the following requirements are met:
a. The applicant received approval of a tentative map and housing development pursuant to chapter 17.868.
b. The applicant submitted a building permit application deemed complete and compliant pursuant to section 65913.3 of the California Government Code.
c. Before issuance of the permit, improvement plans are submitted and completed by the subdivider and accepted by the director of public works and the director of utilities.
d. Before issuance of the permit, as determined by the City, the applicant enters into an agreement with the city to construct any improvements, including sewer requirements identified in the tentative map approved under chapter
17.868. As determined by the city, the permittee shall provide a performance bond to secure the faithful performance of the contractual obligations to construct improvements in an amount not to exceed 300 percent of the total estimated costs of the improvements.
e. Before issuance of the permit, the applicant executes, and records irrevocable offers of dedication as determined by the city to guarantee any dedications identified in the approved tentative map.
2. The city shall condition the issuance of a permit on the applicant submitting proof to the satisfaction of the city of a recorded covenant and agreement enforceable by the city that the applicant and the applicant’s successors and assignees agree that the permit is issued on the condition that a certificate of occupancy or final inspection will not be issued unless the final map or parcel map has been recorded. No residential dwelling unit can be occupied until such a certificate or inspection has been approved.
3. Notwithstanding subsection 1, the city may deny issuance of a building permit if the building official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map or parcel map would have a specific adverse impact (as defined in California Government Code section 65589.5, subdivision (d)(2)) upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. Except as amended by subsection A above, all provisions of section 15.08.070 remain unchanged and in full effect.
SECTION 3.
Chapter 17.868 is hereby added to division VIII of title 17 of the Sacramento City Code to read as follows:
Chapter 17.868 Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots
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 review.
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 California Government Code sections 65852.28 and 66499.41, the provisions of the California Government Code prevail.
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.
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 California Government Code section 66499.41, subdivision (a)(2));
2. The site meets the locational criteria in California Government Code sections 65852.28 and 66499.41;
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.
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.
4. Maximum area. The average floor area of dwelling units may not exceed 1,750 net habitable square feet (as defined in Government 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.
6. 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. 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 California Government 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.
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.
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 California Government 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 California Government 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—
1. The final map for the subdivision approved under this section is recorded; and
2. 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.
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 15.08.070 OF AND ADDING CHAPTER 17.868 TO THE
SACRAMENTO CITY CODE, RELATING TO MINISTERIAL APPROVAL OF DEVELOPMENT PROJECTS OF 10 OR FEWER DWELLING UNITS ON URBAN LOTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
The city council finds the following:
1. As amended by this ordinance, the Planning and Development Code complements, supports, and facilitates the implementation of the goals, policies, and other provisions of the general plan and the city’s specific plans and transit village plans; and
2. The amendments in this ordinance promote the public health, safety, convenience, and welfare of the city.
SECTION 2.
A. Subsection D is hereby added to section 15.08.070 of the Sacramento City Code to read as follows:
D. Building permits for one or more residential dwelling units located in a subdivision approved under chapter 17.868 are subject to the following.
1. A building permit will be issued prior to recording a subdivision map (a final map or parcel map) for one or more residential dwelling units located in a subdivision approved under chapter 17.868 if all the following requirements are met:
a. The applicant received approval of a tentative map and housing development pursuant to chapter 17.868.
b. The applicant submitted a building permit application deemed complete and compliant pursuant to section 65913.3 of the California Government Code.
c. Before issuance of the permit, improvement plans are submitted and completed by the subdivider and accepted by the director of public works and the director of utilities.
d. Before issuance of the permit, as determined by the City, the applicant enters into an agreement with the city to construct any improvements, including sewer requirements identified in the tentative map approved under chapter
17.868. As determined by the city, the permittee shall provide a performance bond to secure the faithful performance of the contractual obligations to construct improvements in an amount not to exceed 300 percent of the total estimated costs of the improvements.
e. Before issuance of the permit, the applicant executes, and records irrevocable offers of dedication as determined by the city to guarantee any dedications identified in the approved tentative map.
2. The city shall condition the issuance of a permit on the applicant submitting proof to the satisfaction of the city of a recorded covenant and agreement enforceable by the city that the applicant and the applicant’s successors and assignees agree that the permit is issued on the condition that a certificate of occupancy or final inspection will not be issued unless the final map or parcel map has been recorded. No residential dwelling unit can be occupied until such a certificate or inspection has been approved.
3. Notwithstanding subsection 1, the city may deny issuance of a building permit if the building official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map or parcel map would have a specific adverse impact (as defined in California Government Code section 65589.5, subdivision (d)(2)) upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. Except as amended by subsection A above, all provisions of section 15.08.070 remain unchanged and in full effect.
SECTION 3.
Chapter 17.868 is hereby added to division VIII of title 17 of the Sacramento City Code to read as follows:
Chapter 17.868 Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots
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 review.
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 California Government Code sections 65852.28 and 66499.41, the provisions of the California Government Code prevail.
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.
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 California Government Code section 66499.41, subdivision (a)(2));
2. The site meets the locational criteria in California Government Code sections 65852.28 and 66499.41;
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.
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.
4. Maximum area. The average floor area of dwelling units may not exceed 1,750 net habitable square feet (as defined in Government 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.
6. 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. 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 California Government 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.
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.
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 California Government 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 California Government 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—
1. The final map for the subdivision approved under this section is recorded; and
2. 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.
City of Sacramento
Planning and Design Commission Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01145 10/23/2025
An Ordinance Amending Section 15.08.070 of and Adding Chapter 17.868 to the Sacramento City Code, Relating to Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots (M25-008) [Published 10/03/2025] File ID: 2025-01145
Location: Citywide
Recommendation: Conduct a public hearing and upon conclusion, pass a Motion recommending the City Council approve an Ordinance amending section 15.08.070 and adding Chapter 17.868 to the Sacramento City Code, related to ministerial approval of development projects of 10 or fewer dwelling units on urban lots.
Contact: Jamie Mosler, Associate Planner, (916) 808-7875, [email protected]; Kevin Colin, Zoning Administrator, (916) 808-5260, [email protected]; Community Development Department
Presenter: Jamie Mosler, Associate Planner, (916) 808-7875, [email protected], Community Development Department
Attachments:
1-Description/Analysis
2-Background
3-October 24, 2024 Planning and Design Commission Meeting Summary 4-Community Engagement Summary
5-Ordinance (Redlines Since October 2024)
6-Ordinance (All Redlines)
7-Ordinance (Clean)
8-Presentation
Description/Analysis
Issue Detail: Senate Bill (SB) 684 (2023, Caballero) was signed by the Governor on October 11, 2023, and became effective on July 1, 2024. It was subsequently amended by SB 1123 (2024, Caballero), signed by the Governor on September 19, 2024, and Assembly Bill (AB) 130 (2025, Committee on Budget) signed on June 30, 2025. Both SB 1123 and AB 130 went into effect on July 1, 2025.
File ID: 2025-01145 10/23/2025
Together these bills establish a statewide mandate requiring all cities and counties to ministerially approve eligible housing developments and subdivisions with 10 or fewer dwelling units on 10 or fewer lots. The legislation further permits applicants to obtain building permits earlier than allowed under current procedures, prior to final subdivision map recordation.
These bills prescribe statewide standards, allow for the application of certain local standards, and provide local governments with choices on certain standards and procedures. While the legislation does not require a local ordinance, staff recommends adoption of a local ordinance to establish clear procedures for local implementation. Staff’s recommendations are included inAttachment 2.
On October 24, 2024, staff presented a draft ordinance to the Planning and Design Commission as part of the annual Title 17 ”omnibus” ordinance. The Commission continued the ordinance to a date uncertain with direction that staff conduct additional outreach and provide further information. A summary of this meeting is provided in Attachment 3.
Subsequently, staff conducted additional analysis and facilitated a focus group meeting with interested stakeholders on April 22, 2025. Feedback from this meeting is summarized in Attachment
4. The recommended ordinance includes revisions responsive to Commission direction and stakeholder input. It also includes new provisions required by SB 1123 and AB 130.
Policy Considerations: The ordinance advances the following goals and policies of the 2040 General Plan:
Land Use Element
Policy LUP-6.3: Variety of Housing Types. The City shall promote the development of a greater variety of housing types and sizes in all existing and new growth communities to meet the needs of future demographics and changing household sizes, including the following: single-unit homes on small lots, accessory dwelling units, tiny homes, alley-facing units, townhomes, lofts, live-work spaces, duplexes, triplexes, fourplexes, cottage/bungalow courts, neighborhood-scale multi-unit buildings, and senior and student housing.
Staff Analysis: The ordinance supports Policy LUP-6.3 by establishing clear regulations implementing SB 684 and SB 1123, facilitating the ministerial approval of single-unit homes on smaller lots and townhomes without setback requirements between units. Additionally, the ordinance incorporates standards for accessory dwelling units, further promoting the inclusion of a variety of housing types within these developments.
File ID: 2025-01145 10/23/2025
Housing Element
Policy H-2.3.2: Streamlined Application and Building Process. The City shall continue to facilitate interdepartmental review of development applications, encourage pre-application meetings with planning and building staff, and streamline the overall planning application and building process for all development types.
Policy H-2.3.5: Clear Development Standards and Approval Procedures. The City shall maintain and administer clear development standards, and approval procedures for a variety of housing types, including, but not limited to, multifamily housing and emergency shelters.
Staff Analysis: The ordinance advances Policy H-2.3.2 and Policy H-2.3.5 by establishing clear procedures and standards aligned with a state law. In doing so, the ordinance reduces ambiguity and minimizes processing delays, promoting a streamlined and efficient review process.
Economic Impacts: None.
Environmental Considerations: Pursuant to SB 684, SB 1123, and AB 130, an ordinance to implement the provisions of these bills is not considered a project under CEQA. (Government Code, §§ 65852.28(e), 65913.4.5(b), and 66499.41(i)).
Sustainability: The proposed ordinance helps to make state legislation easier to understand and implement. This will help facilitate development in the City in a manner consistent with existing policy, including that relating to sustainability.
Commission/Committee Action: On August 21, 2024, the Planning Director initiated, pursuant to City Code section 17.916.010.A, a local ordinance to implement Senate Bill 684.
On October 24, 2024, the Planning and Design Commission conducted a public hearing on four ordinances related to Planning and Development. The Commission forwarded three ordinances, as presented, to the City Council for consideration and continued consideration of the ordinance for SB 684 to a date uncertain.
Rationale for Recommendation: Staff recommends the Planning and Design Commission pass a motion forwarding a recommendation of approval to the City Council. The proposed ordinance helps to refine the City’s Planning and Development Code to ensure consistency with new state legislation, which supports several goals and policies of the General Plan.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
Attachment 2: Background
This attachment provides an overview of key provisions under SB 684, SB 1123, and AB 130, along with staff’s rationale for the local implementation options within the ordinance.
Additional information on the Commission’s direction is available in Attachment 3 and community engagement feedback is summarized in Attachment 4.
The information is organized into the following sections:
Application Requirements
General Requirements
Housing Developments: Requirements and Local Option
Subdivision: Requirements and Local Options
Building Permit Issuance: Requirements and Local Options Application Requirements
Planning applications must include both a housing development and a subdivision The City must approve or deny within 60 days; if no action, the application is approved. If denied, written comments must be provided to the applicant. Applications may be denied if the project would have an adverse impact on public health or safety.
General Requirements
Zoning: The site must be located within one or more of the following:
Multi-Unit Dwelling Zones Single-Unit Dwelling Zone
R-1, R-1A, R-1B, R-2, R-2A, R-2B, R-3, 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;
or C-4, M-1, M-1(S), M-2, or
M-2(S) zones within the Central City
RE zone if vacant (Added by SB 1123)
Locational Criteria: The site must be surrounded by urban uses, and cannot be located on areas such as farmland, wetlands, hazardous waste sites, conservation areas, and floodplains or floodways.
Previous Subdivisions: Lots previously established under SB 684 and SB 1123, including any lot designated as a remainder parcel per AB 130, or SB 9 (2021, Atkins) are ineligible. Housing Element Sites: Sites identified in the 2021-2029 Housing Element with capacity for more than 10 dwelling units towards the Regional Needs Housing Allocation (RHNA) are ineligible.
Housing Developments
State Requirements
Maximum Units: Up to 10 dwelling units.
Density:
o If the site is identified in the 2021-2029 Housing Element as suitable for residential development to meet the RHNA, it must provide the capacity identified for that site. Additionally, all units designated for low- or very low- income households by the Housing Element must remain affordable for at least 45 years.
o If the site is not identified in the 2021-2029 Housing Element:
If the applicable zone specifies a maximum density, the required minimum density is the greater of the following:
66% of the maximum allowable density; or
19.8 dwelling units per acre.
If the applicable zone does not specify a maximum density, the required density is 19.8 dwelling units per acre (As Amended by SB 1123). The area of any remainder parcel does not count towards the calculation of residential density (Added by AB 130).
Average Unit Size: Must not exceed 1,750 square feet. Setbacks:
o Side and Rear: 4 ft minimum
o Existing Structures: No minimum
o Between Dwelling Units: No minimum, though Building Code standards apply Ownership: Housing units must be one of the following:
o Constructed on fee simple ownership lots;
o Part of a common interest development;
o Constructed on land owned by a community land trust; or o Part of a tenancy in common (As Amended by SB 1123)
Displacement: Development cannot demolish or alter affordable housing or housing occupied by tenants within the last 5 years.
Local Requirements
Local jurisdictions cannot impose unique requirements on projects that are solely or partially based on the basis of seeking approval under SB 684 as amended by SB 1123 and AB 130. The following local objective standards apply unless their application precludes achieving a density of 30 dwelling units per acre:
o Maximum height limits, lot coverage, and front-yard setbacks established by the applicable zoning district;
o Applicable standards under the Missing Middle Housing Interim Ordinance including lot coverage and front-yard setbacks, but excluding bulk control; and o All applicable City Code requirements
o Floor Area Ratio (FAR)
Per State Law, local jurisdictions may not impose maximum FARs below:
1.0 for developments with 3 to 7 dwelling units; or
1.25 for developments with 8 to 10 dwelling units.
These FARs apply unless the 2040 General Plan allows greater FAR.
State Density Bonus Law
The ordinance presented in October 2024 included language stating SB 684 cannot be combined with State Density Bonus Law to exceed the 10-unit maximum. Further staff analysis confirmed that while the 10-unit limit remains, eligible projects may still qualify for incentives and concessions under State Density Bonus Law to reduce costs for affordable housing.
To avoid confusion, the previous ordinance language referencing density bonus provisions has been removed.
Detailed guidance will be provided through a subsequent application form.
Local Option: Accessory Dwelling Units (ADUs)
Local jurisdictions may choose to permit ADUs within developments under SB 684as amended by SB 1123 and AB 130.
SB 1123 clarifies that if allowed, ADUs do not count toward the 10-unit maximum. The table below compares staff recommendations, reflecting changes between the October 2024 and recommended ordinance.
Ordinance Staff Recommendation Staff Rationale
October 2024 ADUs are not permitted ADUs were assumed infeasible on small lot sizes allowed under SB 684 and SB 1123.
Current ADUs are permitted Stakeholders emphasized that ADUs can be feasible and advocated for homeowner flexibility
and benefits.
Subdivisions
State Requirements
Original Site Size: The site proposed to be subdivided must be:
o 5 acres or less; or
o 1.5 Acres if located within the RE zone (Added by SB 1123) Number of New Parcels: The subdivision:
o Must result in 10 or fewer parcels; and
o May designate a remainder parcel (Added by AB 130)
Remainder Parcels: Defined in the Subdivision Map Act as a portion of land that is not divided for the purpose of sale, lease, or financing.
o Remainder parcels may retain existing land uses or structures and is not included in the number of parcels created if it:
Does not contain any new dwelling units; and
Is not exclusively dedicated to serving the housing development project (Added by AB 130)
New Parcel Size: The minimum size for each new parcel is:
o 600 square feet; or
o 1,200 square feet if located in the RE zone (Added by SB 1123) Lot Dimensions: There are no minimum or maximum standards for lot width, depth, or frontage (frontage added by SB 1123).
Map Requirements: All applicable objective standards under the Subdivision Map Act and City mapping requirements apply.
Water and Sewer. All parcels must be served by the City’s water system and sewer systems in accordance with Title 13 of the Sacramento City Code Building Code. 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. Limit on Subdividing Existing Units: The subdivision cannot result in any existing dwelling unit being separately alienable (i.e., able to be sold independently) from any other existing dwelling unit on the site (Added by SB 1123).
Local Option: Smaller Minimum Parcel Requirements
These bills allow local jurisdictions to implement minimum parcel size standards that are below the 600 square foot and 1,200 square foot requirements.
The table below compares staff recommendations, reflecting changes between the October 2024 and June 2025 Ordinance Versions.
Ordinance Staff Recommendation Staff Rationale
October 2024 600 square feet for
multi-unit zones
Projects presumed infeasible on lots smaller than
600 square feet.
Current No change to multi-unit
zones and 1,200 square
feet for single-unit
zones
Stakeholders did not express interest or support
for reducing minimum lot size requirements.
Local Option: Further Subdivisions through SB 9
Although lots created under SB 9 (2021, Atkins) are not eligible for SB 684, local jurisdictions may choose whether to permit further subdivisions through SB 9, which allows urban lot splits in single-unit dwelling zones.
The table below compares staff recommendations, reflecting changes between the October 2024 and July 2025 ordinance versions.
Ordinance Staff Recommendation Staff Rationale
October 2024 Further subdivisions
under SB 9 not
allowed.
SB 9 subdivisions were not anticipated on lots
created through SB 684 because SB 9 applies to
fewer zones and mandates larger lot sizes.
Current Further subdivisions
under SB 9 allowed on
lots created by SB 684
that created at least 4
lots.
• Stakeholder feedback supported allowing further
subdivisions through SB 9 for greater flexibility.
• Limiting this option to subdivisions with four or
more lots helps prevent the combined uses of SB
684 and SB 9 to bypass public improvement
requirements.
Removed Local Option: Construction Before Subdivision Map Recordation Before passage of AB 130, local jurisdictions were allowed by SB 684 and SB 1123 to require at least one dwelling unit to be constructed on each new parcel before recording the subdivision map.
This differed from the standard subdivision process where construction cannot begin until after the subdivision map is recorded.
Pursuant to AB 130, jurisdictions can no longer require construction of a new dwelling unit on each new parcel before the subdivision map is recorded. This was included in the ordinance presented in October 20204 but has been removed.
New Local Option: Conditioning Sale, Lease, or Finance
The Subdivision Map Act prohibits selling, leasing, or financing any parcel until the subdivision map is recorded (Government Code section 66499.30). For subdivisions created under SB 684 (excluding remainder parcels), AB 130 further prohibits subdividers from selling, leasing, or financing any parcels separately until the subdivision map is recorded and the parcel:
o Contains at least one dwelling unit completed in compliance with California Building Standards Code;
o Contains an existing permitted dwelling unit;
o Is reserved for internal circulation, open space, or common area; or o Is the only parcel not developed with a residential structure. However, AB 130 allows local agencies by ordinance or map condition to authorize the sale, lease, or finance of any parcel without compliance with the above criteria. Staff Recommendation
o Staff recommends allowing subdividers to sell, lease, or finance any parcels if the parcel:
Received Planning approval of a housing development under SB 684; Contains an existing permitted dwelling unit;
Is reserved for internal circulation, open space, or common area; or Is the only parcel not developed with a residential structure o This recommendation provides more flexibility than the default standard in AB 130 by requiring only Planning approval of the dwelling before the parcel is sold, leased or financed, rather than requiring the structure to be completed. o This approach aligns with stakeholder feedback desiring a subdivision process for SB 684 that mirrors existing practice where construction of a dwelling is not a requirement to sell parcels.
New Local Option: Sale of Remainder Parcels
A remainder parcel is a portion of land designated by the subdivider that is not divided for the purpose of sale, lease, or financing.
The Subdivision Map act allows the subsequent sale of a remainder parcel without filing a parcel or final map. However, local agencies may require a certificate of compliance prior to the sale (Government Code section 66424.6).
Staff Recommendation:
o Staff recommends requiring a certificate of compliance for the sale of a remainder parcel that may not be filed until after the final map is recorded to ensure consistency with the Subdivision Map Act.
Building Permit Issuance
State Requirements
State law requires local jurisdictions to issue building permits for dwelling units created under this law before the subdivision map records if:
o The applicant received approval of a tentative map and housing development under this law; and
o The applicant submitted a complete and compliant building permit application. If the applicant chooses this option, all required dedications, improvements, and sewer obligations must be guaranteed to the City’s satisfaction. The local agency may deny a building permit if the Building Official makes a finding that construction before final map recordation would cause a specific, adverse impact on public health and safety.
Local Options: Withholding Final Approval and Security
Local jurisdictions may withhold a certificate of occupancy, or equivalent final approval until the final subdivision map is recorded.
Jurisdictions may also require security (not to exceed 300% of total estimated costs) to ensure performance of requirements in the approved tentative map. The table below summarizes staff’s recommendations that remain consistent between the October 2024 and June 2025 ordinance versions.
Option Ordinance Staff
Recommendation
Staff Rationale
Withholding
Final
Approval
October 2024 The City will
withhold the
certificate of
occupancy or final
approval until the
map is recorded.
• These requirements help ensure that
projects are completed and public
improvements are made.
• Requiring security aligns with
existing subdivision practices.
• Stakeholders were more concerned
about being required to build before
map recordation than these
conditions, which only apply if they
choose to build before the map
records.
Current No change
Requiring
Security
October 2024 The City will
require security.
Current No change
Attachment 3: Summary of October 24, 2024 Planning
and Design Commission Meeting
On October 24, 2024, the Planning and Design Commission reviewed a proposed ordinance to implement SB 684 as part of the annual Title 17 omnibus ordinance. This attachment summarizes key themes discussed during the meeting.
The meeting and staff report can be viewed online by clicking here.
Requiring Construction Before Map Recordation
The Commission and public commenters expressed concerns that implementing this optional requirement could disrupt project financing and limit the use of recorded lots as collateral. They questioned the rationale for requiring construction as a means to prevent speculation, noting it is not part of the existing subdivision process and expressing doubt about the potential harms of creating additional lots.
One public commenter suggested applying the construction requirement only to affordable units; however, staff has since confirmed that selective application would not be legally permissible.
Note: This optional requirement has since been removed by AB 130. Additional context is provided in Attachment 2.
Accessory Dwelling Units ADUs
Commissioners and public commenters questioned the prohibition of ADUs on SB 684 lots. Staff explained that the small 600 square foot lot sizes allowed under SB 684 may not be able to physically accommodate ADUs.
Density Bonus
The Commission asked why the ordinance excluded the use of State Density Bonus Law and expressed interest in including it as a tool to encourage affordable housing. Staff clarified that the intent was not a policy decision but to clarify that State Density Bonus Law cannot be used to exceed the 10-unit maximum under SB 684. A public commenter agreed that density bonus could not be used to exceed the 10 unit maximum but emphasized that projects should still be eligible for incentives and concessions.
Relationship with Local Housing Policies
Staff explained that many of the optional choices were selected to ensure that the City’s local standards (e.g., Missing Middle Housing Interim Ordinance, local ADU ordinance, local ministerial ordinance) for topics like setbacks, open space, bulk control, tree protection and planting take precedence over the sparse standards in SB 684. Some commissioners were sensitive to this concern and questioned whether SB 684 was designed for jurisdictions without existing MMH policies. Others noted SB 684 is more focused on promoting homeownership and suggested that MMH standards could still be applicable.
Ordinance Implementation Approach
Commissioners asked why staff recommended adoption of a formal ordinance rather than issuing a policy memo, citing examples of an alternative approach in the City of Los Angeles. Staff responded that while jurisdictions aren’t required to do adopt implementing legislation, ordinances provide greater clarity and transparency for both applicants and the public.
Request for Further Work and Clarification
The Commission agreed that implementing SB 684 requires additional analysis, stakeholder engagement, and alignment with amendments by SB 1123.
As a result, the Commission continued the ordinance and directed staff to return with additional information, potential policy adjustments to the local options, and community engagement. Additional background, analysis, and rationale for the proposed local implementation adjustments can be found in Attachment 2.
A summary of findings from a stakeholder focus group is provided in Attachment 4.
Attachment 4: Summary of Community Engagement
This attachment summarizes feedback received at a focus group meeting held on April 22, 2025, to gather input on local implementation options allowed under SB 684 and SB 1123.
Background
City staff invited all individuals who expressed interest in pursuing projects utilizing SB 684 or requested updates on the proposed ordinance. The focus group was hosted in person with a Zoom option available for remote participants.
The focus group began with a brief staff presentation highlighting the legislation’s requirements and local options followed by an open discussion where participants shared perspectives and asked questions. The one-hour meeting included 10 participants.
Feedback Themes
Accessory Dwelling Units (ADUs)
Participants supported allowing ADUs within SB 684 developments. While acknowledging that ADUs may not be feasible on all smaller lots, they emphasized that feasibility varies by project.
Participants advocated for homeowners in SB 684 developments to have the same access to ADUs as other homeowners.
Further Subdivisions Through SB 9
There was some support for allowing further subdivision through SB 9 with suggestions for time limits to avoid overuse or unintended consequences.
Requiring Construction Before Map Recordation
Participants opposed requiring construction prior to recording a subdivision map. Concerns focused on financing challenges, particularly the difficulty of securing funding when construction is required upfront, or when an existing loan is involved. Some noted this would disrupt the typical development process and argued that speculative behavior without construction is unlikely due to the investment required. Note: This optional requirement has since been removed by AB 130. Additional context is provided in Attachment 2.
Withholding Final Approval and Requiring Security
Participants did not oppose withholding final approvals and requiring security when applicants choose to begin construction before the map is recorded, since their primary concern was opposition to requiring construction prior to map recordation itself.
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 15.08.070 OF AND ADDING CHAPTER 17.868 TO THE
SACRAMENTO CITY CODE, RELATING TO MINISTERIAL APPROVAL OF DEVELOPMENT PROJECTS OF 10 OR FEWER DWELLING UNITS ON URBAN LOTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
The city council finds the following:
1. As amended by this ordinance, the Planning and Development Code complements, supports, and facilitates the implementation of the goals, policies, and other provisions of the general plan and the city’s specific plans and transit village plans; and
2. The amendments in this ordinance promote the public health, safety, convenience, and welfare of the city.
SECTION 2.
A. Subsection D is hereby added to section 15.08.070 of the Sacramento City Code to read as follows:
D. Building permits for one or more residential dwelling units located in a subdivision approved under chapter 17.868 are subject to the following.
1. A building permit will be issued prior to recording a subdivision map (a final map or parcel map) for one or more residential dwelling units located in a subdivision approved under chapter 17.868 if all the following requirements are met:
a. The applicant received approval of a tentative map and housing development pursuant to chapter 17.868.
b. The applicant submitted a building permit application deemed complete and compliant pursuant to section 65913.3 of the California Government Code.
c. Before issuance of the permit, improvement plans are submitted and completed by the subdivider and accepted by the director of public works and the director of utilities.
d. Before issuance of the permit, as determined by the City, the applicant enters into an agreement with the city to construct any improvements, including sewer requirements identified in the tentative map approved under chapter
17.868. As determined by the city, the permittee shall provide a performance bond to secure the faithful performance of the contractual obligations to construct improvements in an amount not to exceed 300 percent of the total estimated costs of the improvements.
e. Before issuance of the permit, the applicant executes, and records irrevocable offers of dedication as determined by the city to guarantee any dedications identified in the approved tentative map.
2. The city shall condition the issuance of a permit on the applicant submitting proof to the satisfaction of the city of a recorded covenant and agreement enforceable by the city that the applicant and the applicant’s successors and assignees agree that the permit is issued on the condition that a certificate of occupancy or final inspection will not be issued unless the final map or parcel map has been recorded. No residential dwelling unit can be occupied until such a certificate or inspection has been approved.
3. Notwithstanding subsection 1, the city may deny issuance of a building permit if the building official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map or parcel map would have a specific adverse impact (as defined in California Government Code section 65589.5, subdivision (d)(2)) upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. Except as amended by subsection A above, all provisions of section 15.08.070 remain unchanged and in full effect.
SECTION 3.
Chapter 17.868 is hereby added to division VIII of title 17 of the Sacramento City Code to read as follows:
Chapter 17.868 Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots
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 review.
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 California Government Code sections 65852.28 and 66499.41, the provisions of the California Government Code prevail.
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.
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 California Government Code section 66499.41, subdivision (a)(2));
2. The site meets the locational criteria in California Government Code sections 65852.28 and 66499.41;
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.
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.
4. Maximum area. The average floor area of dwelling units may not exceed 1,750 net habitable square feet (as defined in Government 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.
6. 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. 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 California Government 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.
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.
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 California Government 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 California Government 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—
1. The final map for the subdivision approved under this section is recorded; and
2. 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.
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 15.08.070 OF AND ADDING CHAPTER 17.868 TO THE
SACRAMENTO CITY CODE, RELATING TO MINISTERIAL APPROVAL OF DEVELOPMENT PROJECTS OF 10 OR FEWER DWELLING UNITS ON URBAN LOTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
The city council finds the following:
1. As amended by this ordinance, the Planning and Development Code complements, supports, and facilitates the implementation of the goals, policies, and other provisions of the general plan and the city’s specific plans and transit village plans; and
2. The amendments in this ordinance promote the public health, safety, convenience, and welfare of the city.
SECTION 2.
A. Subsection D is hereby added to section 15.08.070 of the Sacramento City Code to read as follows:
D. Building permits for one or more residential dwelling units located in a subdivision approved under chapter 17.868 are subject to the following.
1. A building permit will be issued prior to recording a subdivision map (a final map or parcel map) for one or more residential dwelling units located in a subdivision approved under chapter 17.868 if all the following requirements are met:
a. The applicant received approval of a tentative map and housing development pursuant to chapter 17.868.
b. The applicant submitted a building permit application deemed complete and compliant pursuant to section 65913.3 of the California Government Code.
c. Before issuance of the permit, improvement plans are submitted and completed by the subdivider and accepted by the director of public works and the director of utilities.
d. Before issuance of the permit, as determined by the City, the applicant enters into an agreement with the city to construct any improvements, including sewer requirements identified in the tentative map approved under chapter
17.868. As determined by the city, the permittee shall provide a performance bond to secure the faithful performance of the contractual obligations to construct improvements in an amount not to exceed 300 percent of the total estimated costs of the improvements.
e. Before issuance of the permit, the applicant executes, and records irrevocable offers of dedication as determined by the city to guarantee any dedications identified in the approved tentative map.
2. The city shall condition the issuance of a permit on the applicant submitting proof to the satisfaction of the city of a recorded covenant and agreement enforceable by the city that the applicant and the applicant’s successors and assignees agree that the permit is issued on the condition that a certificate of occupancy or final inspection will not be issued unless the final map or parcel map has been recorded. No residential dwelling unit can be occupied until such a certificate or inspection has been approved.
3. Notwithstanding subsection 1, the city may deny issuance of a building permit if the building official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map or parcel map would have a specific adverse impact (as defined in California Government Code section 65589.5, subdivision (d)(2)) upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. Except as amended by subsection A above, all provisions of section 15.08.070 remain unchanged and in full effect.
SECTION 3.
Chapter 17.868 is hereby added to division VIII of title 17 of the Sacramento City Code to read as follows:
Chapter 17.868 Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots
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 review.
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 California Government Code sections 65852.28 and 66499.41, the provisions of the California Government Code prevail.
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.
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 California Government Code section 66499.41, subdivision (a)(2));
2. The site meets the locational criteria in California Government Code sections 65852.28 and 66499.41;
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.
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.
4. Maximum area. The average floor area of dwelling units may not exceed 1,750 net habitable square feet (as defined in Government 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.
6. 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. 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 California Government 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.
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.
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 California Government 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 California Government 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—
1. The final map for the subdivision approved under this section is recorded; and
2. 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.
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 15.08.070 OF AND ADDING CHAPTER 17.868 TO THE
SACRAMENTO CITY CODE, RELATING TO MINISTERIAL APPROVAL OF DEVELOPMENT PROJECTS OF 10 OR FEWER DWELLING UNITS ON URBAN LOTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
The city council finds the following:
1. As amended by this ordinance, the Planning and Development Code complements, supports, and facilitates the implementation of the goals, policies, and other provisions of the general plan and the city’s specific plans and transit village plans; and
2. The amendments in this ordinance promote the public health, safety, convenience, and welfare of the city.
SECTION 2.
A. Subsection D is hereby added to section 15.08.070 of the Sacramento City Code to read as follows:
D. Building permits for one or more residential dwelling units located in a subdivision approved under chapter 17.868 are subject to the following.
1. A building permit will be issued prior to recording a subdivision map (a final map or parcel map) for one or more residential dwelling units located in a subdivision approved under chapter 17.868 if all the following requirements are met:
a. The applicant received approval of a tentative map and housing development pursuant to chapter 17.868.
b. The applicant submitted a building permit application deemed complete and compliant pursuant to section 65913.3 of the California Government Code.
c. Before issuance of the permit, improvement plans are submitted and completed by the subdivider and accepted by the director of public works and the director of utilities.
d. Before issuance of the permit, as determined by the City, the applicant enters into an agreement with the city to construct any improvements, including sewer requirements identified in the tentative map approved under chapter
17.868. As determined by the city, the permittee shall provide a performance bond to secure the faithful performance of the contractual obligations to construct improvements in an amount not to exceed 300 percent of the total estimated costs of the improvements.
e. Before issuance of the permit, the applicant executes, and records irrevocable offers of dedication as determined by the city to guarantee any dedications identified in the approved tentative map.
2. The city shall condition the issuance of a permit on the applicant submitting proof to the satisfaction of the city of a recorded covenant and agreement enforceable by the city that the applicant and the applicant’s successors and assignees agree that the permit is issued on the condition that a certificate of occupancy or final inspection will not be issued unless the final map or parcel map has been recorded. No residential dwelling unit can be occupied until such a certificate or inspection has been approved.
3. Notwithstanding subsection 1, the city may deny issuance of a building permit if the building official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map or parcel map would have a specific adverse impact (as defined in California Government Code section 65589.5, subdivision (d)(2)) upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. Except as amended by subsection A above, all provisions of section 15.08.070 remain unchanged and in full effect.
SECTION 3.
Chapter 17.868 is hereby added to division VIII of title 17 of the Sacramento City Code to read as follows:
Chapter 17.868 Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots
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 review.
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 California Government Code sections 65852.28 and 66499.41, the provisions of the California Government Code prevail.
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.
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 California Government Code section 66499.41, subdivision (a)(2));
2. The site meets the locational criteria in California Government Code sections 65852.28 and 66499.41;
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.
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.
4. Maximum area. The average floor area of dwelling units may not exceed 1,750 net habitable square feet (as defined in Government 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.
6. 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. 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 California Government 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.
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.
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 California Government 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 California Government 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—
1. The final map for the subdivision approved under this section is recorded; and
2. 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.
AN ORDINANCE IMPLEMENTING
SENATE BILL (SB) 684
Planning and Design Commission
October 23, 2025
OVERVIEW
•Background
•Ordinance Overview
•Next Steps
SB 684
BACKGROUND
• Created Statewide ministerial path for
subdivisions and housing developments
• Includes requirements and local choices
SB 684 – effective 7/1/2024
• Amendments to SB 684
SB 1123 – effective 7/1/2025
• Amendments to SB 684
AB 130 – effective 7/1/2025
SB 684
BACKGROUND
• Directed to review local choices and collect
stakeholder input before returning
Local Ordinance – Continued 10/24/2024
• Collected stakeholder input on local choices
Focus Group Meeting – 4/22/2025
• Includes revisions responsive to Commission
direction, stakeholder input, and State law changes
Revised Local Ordinance -T oday
•Requires ministerial review of tentative maps with up to 10 lots and housing developments with up to 10 units
within 60 days (Government Code Sections 65852.28 and 66499.41) •Requires building permit issuance upon approval of
tentative map if the applicant submits a complete
application or if required by the City (Government Code Section 65913.4.5)
SB 684
OVERVIEW
SB 684
PROCESS
OVERVIEW
• Planning Approval of T entative Map and
Housing Development (60 days)
• Improvement Plans
• Recordation of Final Map or Parcel Map
• Issuance of Building Permit for Housing
Development
SB 684
ELIGIBILITY
REQUIREMENTS
•Zoned for multi-unit dwellings
• Must be ≤5 acres
•Zoned for single-unit dwellings (added by SB 1123)
• Must be vacant and ≤1.5 acres
•Must be surrounded by urban uses
•Cannot be located on farmland, wetlands, hazardous waste site, conservation area, floodplain, floodway, or habitat for a protected species
SB 684
ELIGIBILITY
REQUIREMENTS
•Cannot demolish or alter affordable housing or housing occupied by tenants in the last 5 years
•Cannot utilize SB 684 on a lot previously created by SB 684 or an SB 9 urban lot split
SB 684
SUBDIVISION
REQUIREMENTS
•Maximum New Parcels: 10
• May designate a remainder parcel (Added by AB 130)
• Portion of land not divided for sale, lease, or financing •Minimum New Parcel Size:
• Multi-unit zones: 600 sf
• Single-unit zone: 1,200 sf (added by SB 1123)
•Lot Dimensions: No requirements for:
• Lot width,
• Lot depth, or
• Lot frontage (added by SB 1123)
SB 684
SUBDIVISION
LOCAL
OPTIONS
LOCAL OPTION: SMALLER MINIMUM PARCEL SIZE
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
October 2024 600 sf min. lot size Projects presumed infeasible on lots smaller than 600 square
feet.
Current 600 sf min. lot size
(multi-unit zones)
1,200 sf lot size (single-
unit zones)
1,200 sf lot size for single-unit
zones added by SB 1123
Stakeholders did not express
need for a smaller minimum lot
size
LOCAL OPTION: FURTHER SUBDIVISIONS THROUGH SB 9
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
October 2024 Further subdivisions
under SB 9 not allowed
SB 9 subdivisions not
anticipated on lots created
through SB 684 because SB 9
applies to fewer zones and
mandates larger lot sizes
Current Further subdivisions
under SB 9 allowed on
lots created by SB 684
that created at least 4
lots.
Stakeholders supported further
subdivision through SB 9 for
greater flexibility.
Limiting this option helps
prevent combined uses of SB
684 and SB 9 to bypass public
improvement requirements.
SB 684
SUBDIVISION
REQUIREMENTS
LOCAL OPTION: REQUIRING CONSTRUCTION BEFORE
SUBDIVISION MAP RECORDATION
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
October 2024 Construction required
before map recording
Concerns that developers could
create ‘paper assets’ without
building housing
Staff aimed to prioritize the
local housing standards, such
as Missing Middle Housing
Current Construction not
required before map
recording
Removed pursuant to AB 130
which no longer permits this
option
SB 684
SUBDIVISION
LOCAL
OPTIONS
LOCAL OPTION: CONDITIONING SALE, LEASE, OR FINANCE
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
Current
(Added by AB 130)
Construction of dwellings
not required before sale
of new parcels; only
Planning approval
Provides more flexibility than
the default standard
Aligns with stakeholder feedback
for process that mirrors
existing where construction of
dwelling is not a requirement to
sell parcels
SB 684
SUBDIVISION
LOCAL
OPTIONS
LOCAL OPTION: SALE OF REMAINDER PARCELS
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
Current
(Added by AB 130)
Require certificate of
compliance prior to
sale of remainder parcel
and after the map is
recorded
Ensures remainder parcels meet
standards before sale since they
are not reviewed in the planning
application
Application timing consistent
with the Subdivision Map Act
SB 684
SUBDIVISION
LOCAL
OPTIONS
•Must comply with applicable objective requirements of the Subdivision Map Act
•Must comply with all objective zoning, subdivision, and design standards that are not inconsistent with SB 684
•Cannot result in any existing dwelling unit being
separately alienable (i.e., able to be sold independently) from any other existing dwelling unit on the site (added by SB 1123)
SB 684
SUBDIVISION
REQUIREMENTS
SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
• Maximum Units: 10 dwelling units
• Average Unit Size: Must not exceed 1,750 sf
• Minimum Density:
• 66% of the maximum density, or
• 19.8 dwelling units/acre, whichever is greater (revised by SB 1123) • Remainder parcel area does not count towards calculation of residential density (added by AB 130)
• Affordability: Must provide affordable units if the site is designated in the Housing Element
SB 684
HOUSING
DEVELOPMENT
LOCAL OPTION
LOCAL OPTION: ACCESSORY DWELLING UNITS (ADUS)
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
October 2024 ADUs are not permitted ADUs assumed infeasible on small lot sizes
Current ADUs are permitted Stakeholders emphasized that ADUs can be feasible and
advocated for homeowner
flexibility and benefits
Housing units on the lot proposed to be subdivided must be one of the following:
•Constructed on fee simple ownership lots,
•Part of a common interest development,
•Part of a housing cooperative,
•On land owned by a community land trust, or
•Part of a tenancy in common (added by SB 1123)
SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
• No requirements can be applied to projects because they are utilizing SB 684 (i.e., no unique standards)
• Objective zoning, subdivision, and design standards that do not conflict with SB 684 apply
• I.e., local height, front setback, lot coverage, open space ‘Missing middle housing’ standards, excluding bulk control, apply if the project meets the definition
SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
• Setbacks
• No setbacks required between units
• CA Building Code requirements still apply
• 4 ft side and rear setbacks required
• Maximum FAR
• < 3 units: General Plan
• 3-7 units: 1.0, or General Plan, whichever is greater • 8-10 units: 1.25, or General Plan, whichever is greater SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
• Relief granted from local standards that “physically preclude” projects at a density of 30 dwelling units/acre
• If eligible under State Density Bonus Law, projects may receive incentives and concessions
• SB 684 projects cannot use density bonus to exceed 10 units SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
SB 684
PLANNING
APPLICATION
REVIEW
• Applications approved or denied within 60 days of receiving a complete application
• If denied, written comments must be provided to applicant • Can deny if the project would have a specific, adverse impact upon public health and safety
SB 684
BUILDING
PERMIT
ISSUANCE
•Building permit will be issued for dwelling units part of an SB 684 project if the applicant has:
•Received tentative map approval and
•Submitted a complete and compliant building permit
application
• Deemed complete or incomplete within 15 business days of submittal
•Building Official may deny if construction before map
recordation would have a specific, adverse impact upon
public health and safety
SB 684
BUILDING
PERMIT
ISSUANCE
•Building permit issued based on the tentative map and its conditions of approval
•Any dedication, improvement, and sewer requirements
must be guaranteed to satisfaction of City
SB 684
BUILDING
PERMIT
ISSUANCE
LOCAL
OPTIONS
OPTION ORDINANCE
VERSION
STAFF
RECOMMENDATION
STAFF RATIONALE
Withhold
Final
Approval
October
2024
The City will
withhold the final
approval until the
map is recorded
-Help ensure that
projects are
completed and public
improvements are made
-Requiring security aligns
with existing
subdivision practices
-Stakeholders more
concerned about
being required to
build before map
records than these
conditions
Current No change
Requiring
Security
October
2024
The City will require
security
Current No change
NEXT STEPS
•Law and Legislation Committee
•City Council
STAFF RECOMMENDATION
Conduct a public hearing and upon conclusion move staff recommendation.
THANK YOU
28 Jamie Mosler
Associate Planner
[email protected]
Kevin Colin
Zoning Administrator
[email protected]
City of Sacramento Page 1
PLANNING AND DESIGN COMMISSION
Enoch Yeung, Chair
Robert Chase, Vice Chair
Robert Blunt
Nicolina Hernandez
Dov Kadin
Julio Lamas
Larry Lee
Kendra Macias Reed
David Nybo
Deborah Ortiz
Erin Reschke
Shoun Thao
Ginger Thompson
COMMISSION STAFF
Kourtney Burdick, Supervising Deputy City Attorney
Leslie Walker, Senior Deputy City Attorney
Greg Sandlund, Planning Director
Stacia Cosgrove, Principal Planner
Bruce Monighan, AIA, Urban Design Manager
Kevin Colin, Principal Planner
Planning and Design
Commission
City Hall Complex
915 I Street
Sacramento, CA 95814
Published by the Office of the City Clerk
(916) 808-7200
SUPPLEMENTAL MATERIAL
Description: Attached is supplemental material received after publishing the agenda, updates to Attachment 5-Ordinance (Redlines Since October 2024) and Attachment 8-Presentation.
For the Meeting of: Thursday, October 23, 2025, at 5:30 p.m.
Agenda Item: Public Hearing Item 3
3. An Ordinance Amending Section 15.08.070 of and Adding Chapter 17.868 to the Sacramento City Code, Relating to Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots (M25-008) [Published 10/03/2025]
File ID: 2025-01145
Location: Citywide
Recommendation: Conduct a public hearing and upon conclusion, pass a Motion recommending the City Council approve an Ordinance amending section
15.08.070 and adding Chapter 17.868 to the Sacramento City Code, related to ministerial approval of development projects of 10 or fewer dwelling units on urban lots.
Contact: Jamie Mosler, Associate Planner, (916) 808-7875, [email protected]; Kevin Colin, Zoning Administrator, (916) 808-5260, [email protected]; Community Development Department ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 15.08.070 OF AND ADDING CHAPTER 17.868 TO THE
SACRAMENTO CITY CODE, RELATING TO MINISTERIAL APPROVAL OF DEVELOPMENT PROJECTS OF 10 OR FEWER DWELLING UNITS ON URBAN LOTS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
The city council finds the following:
1. As amended by this ordinance, the Planning and Development Code complements, supports, and facilitates the implementation of the goals, policies, and other provisions of the general plan and the city’s specific plans and transit village plans; and
2. The amendments in this ordinance promote the public health, safety, convenience, and welfare of the city.
SECTION 2.
A. Subsection D is hereby added to section 15.08.070 of the Sacramento City Code to read as follows:
D. Building permits for one or more residential dwelling units located in a subdivision approved under chapter 17.868 are subject to the following.
1. A building permit will be issued prior to recording a subdivision map (a final map or parcel map) for one or more residential dwelling units located in a subdivision approved under chapter 17.868 if all the following requirements are met:
a. The applicant received approval of a tentative map and housing development pursuant to chapter 17.868.
b. The applicant submitted a building permit application deemed complete and compliant pursuant to section 65913.3 of the California Government Code.
c. Before issuance of the permit, improvement plans are submitted and completed by the subdivider and accepted by the director of public works and the director of utilities.
d. Before issuance of the permit, as determined by the City, the applicant enters into an agreement with the city to construct any improvements, including sewer requirements identified in the tentative map approved under chapter
17.868. As determined by the city, the permittee shall provide a performance bond to secure the faithful performance of the contractual obligations to construct improvements in an amount not to exceed 300 percent of the total estimated costs of the improvements.
e. Before issuance of the permit, the applicant executes, and records irrevocable offers of dedication as determined by the city to guarantee any dedications identified in the approved tentative map.
2. The city shall condition the issuance of a permit on the applicant submitting proof to the satisfaction of the city of a recorded covenant and agreement enforceable by the city that the applicant and the applicant’s successors and assignees agree that the permit is issued on the condition that a certificate of occupancy or final inspection will not be issued unless the final map or parcel map has been recorded. No residential dwelling unit can be occupied until such a certificate or inspection has been approved.
3. Notwithstanding subsection 1, the city may deny issuance of a building permit if the building official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map or parcel map would have a specific adverse impact (as defined in California Government Code section 65589.5, subdivision (d)(2)) upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. Except as amended by subsection A above, all provisions of section 15.08.070 remain unchanged and in full effect.
SECTION 3.
Chapter 17.868 is hereby added to division VIII of title 17 of the Sacramento City Code to read as follows:
Chapter 17.868 Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots
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 review.
17.868.020 Application requirements.
A. Administrative permit. A development project consisting of both a housing development of 10 or fewer dwelling units and a subdivision map consisting of 10 or fewer parcels 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 California Government Code sections 65852.28 and 66499.41, the provisions of the California Government Code prevail.
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.
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 California Government Code section 66499.41, subdivision (a)(2));
2. The site meets the locational criteria in California Government Code sections 65852.28 and 66499.41;
3. No lot on theThe site was previouslynot 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.
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.
4. Maximum area. The average floor area of dwelling units may not exceed 1,750 net habitable square feet (as defined in Government 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.
6. 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. 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 California Government 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.
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.
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 California Government 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 minimum parcel size isThe proposed subdivision must result in 10 or fewer parcels, not including a designated remainder parcel, as defined in California Government 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.
34. There is no minimum or maximum standard for lot width, lot depth, or frontage.
45. All applicable objective Subdivision Map Act and city map requirements apply.
56. All parcels will be served by the city’s water and sewer systems in accordance with title 13 of the Sacramento City Code.
67. 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.
78. 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. Subdivisions created in accordance this chapter that result in four or more lots may be further subdivided under section 17.864.030. 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—
1. The final map for the subdivision approved under this section is recorded; and
2. 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.
AN ORDINANCE IMPLEMENTING
SENATE BILL (SB) 684
Planning and Design Commission
October 23, 2025
OVERVIEW
• Background
• Ordinance Overview
• Next Steps
SB 684
BACKGROUND
• Created Statewide ministerial path for
subdivisions and housing developments
• Includes requirements and local choices
SB 684 – effective 7/1/2024
• Amendments to SB 684
SB 1123 – effective 7/1/2025
• Amendments to SB 684
AB 130 – effective 7/1/2025
SB 684
BACKGROUND
• Directed to review local choices and collect
stakeholder input before returning
Local Ordinance – Continued 10/24/2024
• Collected stakeholder input on local choices
Focus Group Meeting – 4/22/2025
• Includes revisions responsive to Commission
direction, stakeholder input, and State law changes
Revised Local Ordinance - To d ay
• Requires ministerial review of tentative maps with up to 10 lots and housing developments with up to 10 units
within 60 days (Government Code Sections 65852.28 and 66499.41) • Requires building permit issuance upon approval of
tentative map if the applicant submits a complete
application (Government Code Section 65913.4.5)
SB 684
OVERVIEW
SB 684
OVERVIEW
Planning Approval
of T entative Map
and Housing
Development
Improvement
Plans
EXISTING DISCRETIONARY PROCESS
~ 3-4 months
Public Hearing
SB 684 MINISTERIAL PROCESS
Planning Approval
of T entative Map
and Housing
Development
Improvement
Plans
Recordation of
Final Map or
Parcel Map
Issuance of
Building Permit
for Housing
Development
60 days
No Public Hearing
Issuance of
Building Permit
for Housing
Development
Recordation of
Final Map or
Parcel Map
Recordation of
Final Map or
Parcel Map
Issuance of
Building Permit
for Housing
Development
Optional Path:
SB 684
ELIGIBILITY
REQUIREMENTS
• Zoned for multi-unit dwellings
• Must be ≤5 acres
• Zoned for single-unit dwellings (added by SB 1123)
• Must be vacant and ≤1.5 acres
• Must be surrounded by urban uses
• Cannot be located on farmland, wetlands, hazardous waste site, conservation area, floodplain, floodway, or habitat for a protected species
SB 684
ELIGIBILITY
REQUIREMENTS
• Cannot demolish or alter affordable housing or housing occupied by tenants in the last 5 years
• Cannot utilize SB 684 on a lot previously created by SB 684 or an SB 9 urban lot split
SB 684
SUBDIVISION
REQUIREMENTS
• Maximum New Parcels: 10
• May designate a remainder parcel (Added by AB 130)
• Portion of land not divided for sale, lease, or financing • Minimum New Parcel Size:
• Multi-unit zones: 600 sf
• Single-unit zone: 1,200 sf (added by SB 1123)
• Lot Dimensions: No requirements for:
• Lot width,
• Lot depth, or
• Lot frontage (added by SB 1123)
SB 684
SUBDIVISION
LOCAL
OPTIONS
LOCAL OPTION: SMALLER MINIMUM PARCEL SIZE
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
October 2024 600 sf min. lot size Projects presumed infeasible on lots smaller than 600 square
feet.
Current 600 sf min. lot size
(multi-unit zones)
1,200 sf lot size (single-
unit zones)
1,200 sf lot size for single-unit
zones added by SB 1123
Stakeholders did not express
need for a smaller minimum lot
size
LOCAL OPTION: FURTHER SUBDIVISIONS THROUGH SB 9
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
October 2024 Further subdivisions
under SB 9 not allowed
SB 9 subdivisions not
anticipated on lots created
through SB 684 because SB 9
applies to fewer zones and
mandates larger lot sizes
Current Further subdivisions
under SB 9 allowed
on
lots created by SB 684
that created at least 4
lots.
Stakeholders supported further
subdivision through SB 9 for
greater flexibility.
Limiting this option helps
prevent combined uses of SB
684 and SB 9 to bypass public
improvement requirements.
SB 684
SUBDIVISION
REQUIREMENTS
LOCAL OPTION: REQUIRING CONSTRUCTION BEFORE
SUBDIVISION MAP RECORDATION
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
October 2024 Construction required
before map recording
Concerns that developers could
create ‘paper assets’ without
building housing
Staff aimed to prioritize the
local housing standards, such
as Missing Middle Housing
Current Construction not
required before map
recording
Removed pursuant to AB 130
which no longer permits this
option
SB 684
SUBDIVISION
LOCAL
OPTIONS
LOCAL OPTION: CONDITIONING SALE, LEASE, OR FINANCE
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
Current
(Added by AB 130)
Construction of dwellings
not required before sale
of new parcels; only
Planning approval
Provides more flexibility than
the default standard
Aligns with stakeholder feedback
for process that mirrors
existing where construction of
dwelling is not a requirement to
sell parcels
SB 684
SUBDIVISION
LOCAL
OPTIONS
LOCAL OPTION: SALE OF REMAINDER PARCELS
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
Current
(Added by AB 130)
Require certificate of
compliance prior to
sale of remainder parcel
and after the map is
recorded
Ensures remainder parcels meet
standards before sale since they
are not
reviewed in the planning
application
Application timing consistent
with the Subdivision Map Act
SB 684
SUBDIVISION
LOCAL
OPTIONS
• Must comply with applicable objective requirements of the Subdivision Map Act
• Must comply with all objective zoning, subdivision, and design standards that are not inconsistent with SB 684
• Cannot result in any existing dwelling unit being
separately alienable (i.e., able to be sold independently) from any other existing dwelling unit on the site (added by SB 1123)
SB 684
SUBDIVISION
REQUIREMENTS
SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
• Maximum Units: 10 dwelling units
• Average Unit Size: Must not exceed 1,750 sf
• Minimum Density:
• 66% of the maximum density, or
• 19.8 dwelling units/acre, whichever is greater (revised by SB 1123) • Remainder parcel area does not count towards calculation of residential density (added by AB 130)
• Affordability: Must provide affordable units if the site is designated in the Housing Element
SB 684
HOUSING
DEVELOPMENT
LOCAL OPTION
LOCAL OPTION: ACCESSORY DWELLING UNITS (ADUS)
ORDINANCE STAFF
RECOMMENDATION
STAFF RATIONALE
October 2024 ADUs are not permitted ADUs assumed infeasible on small lot sizes
Current ADUs are permitted Stakeholders emphasized that ADUs can be feasible and
advocated for homeowner
flexibility and benefits
Housing units on the lot proposed to be subdivided must be one of the following:
• Constructed on fee simple ownership lots,
• Part of a common interest development,
• Part of a housing cooperative,
• On land owned by a community land trust, or
• Part of a tenancy in common (added by SB 1123)
SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
• No requirements can be applied to projects because they are utilizing SB 684 (i.e., no unique standards)
• Objective zoning, subdivision, and design standards that do not conflict with SB 684 apply
• I.e., local height, front setback, lot coverage, open space ‘Missing middle housing’ standards apply if the project meets the definition SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
• Setbacks
• No setbacks required between units
• CA Building Code requirements still apply
• 4 ft side and rear setbacks required
• Maximum FAR
• < 3 units: General Plan
• 3-7 units: 1.0, or General Plan, whichever is greater • 8-10 units: 1.25, or General Plan, whichever is greater SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
• Relief granted from local standards that “physically preclude” projects at a density of 30 dwelling units/acre
• If eligible under State Density Bonus Law, projects may receive incentives and concessions
• SB 684 projects cannot use density bonus to exceed 10 units SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
SB 684
PLANNING
APPLICATION
REVIEW
• Applications approved or denied within 60 days of receiving a complete application
• If denied, written comments must be provided to applicant • Can deny if the project would have a specific, adverse impact upon public health and safety
SB 684
BUILDING
PERMIT
ISSUANCE
• Building permit will be issued for dwelling units part of an SB 684 project if the applicant has:
• Received tentative map approval and
• Submitted a complete and compliant building permit
application
• Deemed complete or incomplete within 15 business days of submittal
• Building Official may deny if construction before map recordation would have a specific, adverse impact upon
public health and safety
SB 684
BUILDING
PERMIT
ISSUANCE
• Building permit issued based on the tentative map and its conditions of approval
• Any dedication, improvement, and sewer requirements
must be guaranteed to satisfaction of City
SB 684
BUILDING
PERMIT
ISSUANCE
LOCAL
OPTIONS
OPTION ORDINANCE
VERSION
STAFF
RECOMMENDATION
STAFF RATIONALE
Withhold
Final
Approval
October
2024
The City will
withhold the final
approval until the
map is recorded
-Help ensure that
projects are
completed and public
improvements are made
-Requiring security aligns
with existing
subdivision practices
-Stakeholders more
concerned about
being required to
build before map
records than these
conditions
Current No change
Requiring
Security
October
2024
The City will
require
security
Current No change
NEXT STEPS
• Law and Legislation Committee
• City Council
STAFF RECOMMENDATION
Conduct a public hearing and upon conclusion move staff recommendation.
THANK YOU
28 Jamie Mosler
Associate Planner
[email protected]
Kevin Colin
Zoning Administrator
[email protected]
AN ORDINANCE IMPLEMENTING
SENATE BILL (SB) 684
Law & Legislation Committee
November 18, 2025
OVERVIEW
•Background
•Ordinance Overview
•Next Steps
SB 684
BACKGROUND
• Amended by SB 1123 and AB 130 – effective July 2025
SB 684 – effective July 2024
• Continued local ordinance; requesting additional
information and stakeholder input
Planning and Design Commission – October 2024
• Collected stakeholder input on local choices
Focus Group Meeting – April 2025
• Forwarded the ordinance, as presented, to City Council for consideration
Planning and Design Commission – October 2025
•Requires ministerial review of tentative maps with up to 10 lots and housing developments with up to 10 units
within 60 days (Government Code Sections 65852.28 and 66499.41) •Requires building permit issuance upon approval of
tentative map if the applicant submits a complete
application (Government Code Section 65913.4.5)
SB 684
OVERVIEW
SB 684
ELIGIBILITY
REQUIREMENTS
•Zoned for multi-unit dwellings
• Must be ≤5 acres
•Zoned for single-unit dwellings (added by SB 1123)
• Must be vacant and ≤1.5 acres
•Must be surrounded by urban uses
•Cannot be located on environmentally sensitive sites
•Cannot alter affordable housing or housing occupied by tenants in the last 5 years
SB 684
SUBDIVISION
REQUIREMENTS
Maximum New Parcels: 10
•May designate a remainder parcel (Added by AB 130)
•Portion of land not divided for sale, lease, or financing •Must comply with applicable objective requirements of
the Subdivision Map Act
•Must comply with all applicable objective zoning,
subdivision, and design standards
SB 684
SUBDIVISION
LOCAL
OPTIONS
LOCAL
OPTION
STAFF
RECOMMENDATION
STAFF
RATIONALE
Smaller
Minimum
Parcel Size
600 sf min. lot size
(multi-unit zones)
1,200 sf lot size (single-
unit zones)
1,200 sf lot size for single-unit
zones added by SB 1123
Stakeholders did not express
need for a smaller minimum lot
size
LOCAL
OPTION
STAFF
RECOMMENDATION
STAFF
RATIONALE
Further
subdivisions
through SB 9
Further subdivisions
under SB 9 allowed on
lots created by SB 684
that created at least 4
lots.
Stakeholders supported further
subdivision through SB 9 for
greater flexibility.
Limiting this option helps
prevent combined uses of SB
684 and SB 9 to bypass public
improvement requirements.
SB 684
SUBDIVISION
LOCAL
OPTIONS
LOCAL
OPTION
STAFF
RECOMMENDATION
STAFF
RATIONALE
Conditioning
sale on
construction of
dwellings
(Added by AB 130)
Construction of dwellings
not required before sale
of new parcels; only
Planning approval
Provides more flexibility than
the default standard
Aligns with stakeholder feedback
for process that mirrors
existing where construction of
dwelling is not a requirement to
sell parcels
SB 684
SUBDIVISION
LOCAL
OPTIONS
LOCAL
OPTION
STAFF
RECOMMENDATION
STAFF
RATIONALE
Sale of
remainder
parcels
(Added by AB 130)
Require certificate of
compliance prior to
sale of remainder parcel
and after the map is
recorded
Ensures remainder parcels meet
standards before sale since they
are not reviewed in the planning
application
Application timing consistent
with the Subdivision Map Act
SB 684
SUBDIVISION
LOCAL
OPTIONS
SB 684
HOUSING
DEVELOPMENT
REQUIREMENTS
• Maximum Units: 10 dwelling units
• Average Unit Size: Must not exceed 1,750 sf
• Affordability: Must provide affordable units if the site is designated in the Housing Element
SB 684
HOUSING
DEVELOPMENT
LOCAL OPTION
LOCAL
OPTION
STAFF
RECOMMENDATION
STAFF
RATIONALE
Accessory
Dwelling Units
(ADUs)
ADUs are permitted Stakeholders emphasized that
ADUs can be feasible and
advocated for homeowner
flexibility and benefits
SB 684
PLANNING
APPLICATION
REVIEW
• Applications approved or denied within 60 days of receiving a complete application
• If denied, written comments must be provided to applicant • Can disapprove if the project would have a specific, adverse impact upon public health and safety
SB 684
BUILDING
PERMIT
ISSUANCE
•Building permit will be issued for dwellings part of an SB 684 project if the applicant has:
•Received tentative map approval and
•Submitted a complete and compliant building permit
application
•Building Official may deny if construction before map
recordation would have a specific, adverse impact upon
public health and safety
SB 684
BUILDING
PERMIT
ISSUANCE
LOCAL
OPTIONS
LOCAL
OPTION
STAFF
RECOMMENDATION
STAFF
RATIONALE
Withhold Final
Approval
The City will withhold the
final approval until the map
is recorded
-Help ensure that projects are
completed and public
improvements are made
-Requiring security aligns with
existing subdivision
practices
-Stakeholders more
concerned about being
required to build before map
records than these conditions
Requiring
Security
The City will require
security
NEXT STEPS
City Council
•Pass for Publication –December 2nd
•Public Hearing – December 9th
STAFF RECOMMENDATION
Review the ordinance and move Staff Recommendation.
THANK YOU
18 Jamie Mosler
Associate Planner
[email protected]
Kevin Colin
Zoning Administrator
[email protected]