General

Sacramento City Code tit. 17, div. II, ch. 17.228, art. I

in effect

Sacramento City Code § 17.228.101 Personal auto storage.

17.228.101 Personal auto storage. Auto storage is a permissible accessory use if the vehicle being stored is registered to a resident of the premises. Any service, repair, or storage of the vehicle shall be located on an approved paved surface and must not violate any other provision of this title or the city code. No more than two vehicles may be undergoing service or repair or may be stored on the premises at any one time. A vehicle that is inoperable or in pieces is presumed to be undergoing repair. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.102 Adult entertainment business.

17.228.102 Adult entertainment business. An adult entertainment business is a permitted use in this zone, subject to compliance with the locational standards set forth below; and subject further to compliance with the permitting requirements, development, and operational standards and other requirements set forth in chapter 5.06. A. Locational requirements. No permit shall be issued or approved for an adult-entertainment business unless the proposed location satisfies all of the following locational requirements: 1. No adult-entertainment business shall be established or located within 1,000 feet, measured from the nearest property lines of each such use, of any other adult-entertainment business or an adult-related establishment. 2. No adult-entertainment business shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing agricultural zone, residential zone, or residential use. 3. No adult-entertainment business shall be established or located within 1,000 feet, measured from the nearest property lines of each parcel containing such use, of any existing park; church or faith congregation; school, K-12; childcare center; gymnasium for children; roller skating rink; or ice skating rink. B. Relevant date for determining compliance with locational requirements. For purposes of determining whether the locational requirements set forth above are met, the following rules apply: 1. For purposes of the locational requirements, the relevant date is the date of the filing of a completed application under chapter 5.06, and except as provided in paragraph 2 of this subsection below, only those uses lawfully established at the time of the filing of a completed application under chapter 5.06 shall be considered for purposes of determining whether the locational requirements are met. 2. For further purposes of the locational requirements, a location for which a completed application for an adult-entertainment business permit has been filed pursuant to chapter 5.06 shall be considered to be the site of an established adult-entertainment business from the date that the completed application is filed until the application is approved or denied. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.103 Adult-related establishment.

17.228.103 Adult-related establishment. A conditional use permit is required to establish an adult-related establishment in this zone. This requirement shall be in addition to compliance with the permitting requirements, development, and operational standards and other requirements set forth in chapter 5.04. A. Locational requirements. In addition to the other requirements for approval of a conditional use permit, no conditional use permit shall be issued or approved for an adult-related establishment unless the proposed location satisfies all of the following locational requirements: 1. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each such use, of any other adult-entertainment business or an adult-related establishment. 2. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing agricultural or residential zone or residential use. 3. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each parcel containing such use, of any park; church or faith congregation; school, K-12; childcare center; gymnasium for children; roller skating rink; or ice skating rink. B. Relevant date for determining compliance with locational requirements. For purposes of determining whether the locational requirements set forth above are met, the following rules apply: 1. For purposes of the locational requirements, the relevant date is the date that the application for a conditional use permit is determined or deemed to be complete, and only those uses lawfully established as of the date that the application is determined or deemed to be complete shall be considered for purposes of determining whether the locational requirements are met. 2. For further purposes of the locational requirements, a location for which a completed application for an adult entertainment business permit has been filed under chapter 5.06 or a location for which a completed application for a conditional use permit for an adult-related establishment has been filed shall be considered to be the site of an established adult-entertainment business or an established adult-related establishment from the date that the completed application is filed until the application is approved, withdrawn or denied. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.104 Bed and breakfast inn in residential zones.

17.228.104 Bed and breakfast inn in residential zones. A. Bed and breakfast inn in RE, R-1, R-1A, R-1B, and R-2 zones. A zoning administrator's conditional use permit is required to establish a bed and breakfast inn in these zones. The property owner or a manager shall reside on site, unless the bed and breakfast inn is a short-term rental under subsections B and C below, in which case the property owner or a manager is not required to reside onsite. The bed and breakfast inn shall not have more than seven guest rooms. Conferences, weddings, fund raisers, and similar gatherings of non-lodgers are prohibited. B. Bed and breakfast inn in R-2A, R-2B, R-3, and R-3A zones. A zoning administrator's conditional use permit is required to establish a bed and breakfast inn in these zones. The bed and breakfast inn shall not have more than 14 guest rooms. In these zones, the zoning administrator's conditional use permit may allow facilities for conferences, weddings, fund raisers, and other similar gatherings and functions attended by non-lodgers as a part of the bed and breakfast inn use, and may include conditions restricting type, frequency, and timing of events, and other limits on operations as the decision-maker determines necessary to issue the conditional use permit. Except as expressly authorized in the conditional use permit, gatherings and functions attended by non-lodgers are prohibited. C. Notwithstanding subsections A and B of this section, a short-term rental, as defined in subsection D, is a permitted use of a dwelling unit and a zoning administrator's conditional use permit is not required for that use. A short-term rental must comply with the requirements in chapter 5.114. The provisions of chapter 17.228 (Home Occupations) do not apply to short-term rentals. D. For purposes of this section, a "short-term rental" means a bed and breakfast inn that is limited as follows: 1. Lodging is provided for no more than six persons at any time; and 2. If the dwelling unit is not the primary residence of the permittee, lodging is provided for no more than an aggregate of 90 days during the term of the short-term rental permit required under chapter 5.114. "Primary residence of the permitee" means the dwelling unit in which the person issued the short-term rental permit, established in chapter 5.114, resides for at least 184 days during a calendar year. E. Except as specifically stated, nothing in this section exempts the operation of a bed and breakfast inn or short-term rental from the requirements of any other provision of this code, including chapter 3.08 (Business Operations Tax) and chapter 3.28 (Uniform Transient Occupancy Tax). (Ord. 2024-0051 § 15; Ord. 2020-0025 § 21; Ord. 2016-0003 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.105 Accessory dwelling units and junior accessory dwelling units.

17.228.105 Accessory dwelling units and junior accessory dwelling units. A. Purpose and options. The purpose of this section is to set forth the regulations governing the creation of accessory dwelling units and junior accessory dwelling units. An applicant may choose to proceed under subsection B, which sets forth the city's local development options, consistent with California Government Code sections 66310 through 66403. Or the applicant may choose to proceed under subsection C below, which sets forth an alternative development option, consistent with California Government Code section 66323. The two options may not be combined. B. City's local development option. 1. Generally. a. A lot developed with a single-unit dwelling may have a maximum of two accessory dwelling units, one accessory dwelling unit and one junior accessory dwelling unit, or two junior accessory dwelling units. A lot developed with a duplex or multi-unit dwelling may have a maximum of two accessory dwelling units. b. Accessory dwelling units and junior accessory dwelling units shall not be included in the calculation of density of the lot on which the dwelling units are located. Accessory dwelling units and junior accessory dwelling units are residential uses that are consistent with the general plan and zoning designation for the lot on which the dwelling units are located. c. An accessory dwelling unit or junior accessory dwelling unit that is approved under this subsection B may be rented for a term less than 30 days in accordance with section 17.228.104.C. 2. Accessory dwelling units. a. General requirements. i. The lot on which an accessory dwelling unit is located must be improved with a single-unit, duplex, or multi-unit dwelling before or at the same time as the construction of the accessory dwelling unit. ii. An accessory dwelling unit may not be sold or otherwise conveyed separately from the primary residence, except as provided in California Government Code section 66341. iii. No passageway is required in conjunction with the construction of an accessory dwelling unit. b. Maximum area. i. Calculation. The calculation of floor area for an accessory dwelling unit includes all floor area within the accessory dwelling unit building envelope, excluding garages and accessory structures. ii. Attached accessory dwelling units. The total floor area for each attached accessory dwelling unit on a lot shall not exceed the greater of the following: 1. 50% of the existing floor area of the primary dwelling; or 2. 850 square feet if the accessory dwelling unit has one bedroom or less, or 1,000 square feet if the accessory dwelling unit has more than one bedroom. iii. Detached accessory dwelling units. The floor area of one detached accessory dwelling unit may not exceed 1,200 square feet. In the case of two detached accessory dwelling units on one lot, the combined floor area of both detached accessory dwelling units may not exceed 1,200 square feet. c. Development standards. i. The minimum distance between the primary dwelling and a detached accessory dwelling unit is 4 feet. The minimum distance between two detached accessory dwelling units is 4 feet. A detached accessory dwelling unit may be attached to another detached accessory dwelling unit. ii. Height, lot coverage, and open space. 1. General rule. Except as provided below, the height, lot coverage, and minimum open-space requirements applicable to the lot on which the accessory dwelling unit is located apply to the accessory dwelling unit. 2. Exception. Accessory dwelling units that occupy less than 800 square feet total in lot coverage are exempt from maximum lot coverage and minimum open-space requirements. iii. Setbacks. All accessory dwelling units must comply with the street side-yard setbacks applicable to the lot on which the accessory dwelling unit is located. The other setback requirements are as follows: 1. If any portion of an accessory dwelling unit is within 60 feet of the front property line, the accessory dwelling unit must comply with the front-yard setback requirements applicable to the lot on which the accessory dwelling unit is located and maintain minimum interior side-yard and rear-yard setbacks as required by the zoning designation for the primary dwelling or 3 feet each, whichever is less. 2. For an accessory dwelling unit that is further than 60 feet from the front property line, the unit must comply with the following: a. First floor. No setback is required for a single-story accessory dwelling unit or the first floor of a multistory accessory dwelling unit. b. Second floor and above. The second floor and above of a multistory accessory dwelling unit must have minimum interior side-yard and rear-yard setbacks as required by the zoning designation for the primary dwelling or 3 feet each, whichever is less. 3. Notwithstanding subsections B.2.c.iii.(1) and B.2.c.iii.(2) above— a. No setback is required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. b. An accessory dwelling unit may not project into the required setback from the landside toe of a levee. 4. One accessory dwelling unit that does not exceed 800 square feet and complies with all the standards set forth in this subsection B may be constructed within the front-yard setback if: a. The lot area in the rear and side yards does not permit the construction of a detached accessory dwelling unit that is two stories in height and at least 800 square feet; and b. The lot area in the rear and side yards does not permit the construction of an attached accessory dwelling unit that is at least 800 square feet. iv. The design of the accessory dwelling unit must conform to the objective design standards applicable to the lot on which the accessory dwelling unit is located. v. No portion of an accessory dwelling unit balcony, deck, or open-stair landing within 10 feet of the rear lot line or side lot line may be higher than three feet from the ground unless the rear lot line or side lot line abuts a nonresidential use, alley, public street, or approved private street. vi. If located in a historic district or on a landmark-designated property, an accessory dwelling unit must comply with objective standards for accessory dwelling units located in a historic district or on a landmark-designated property, as adopted by resolution of the city council. 3. Junior accessory dwelling units. a. Maximum area. The floor area of one junior accessory dwelling unit may not exceed 500 square feet. b. Owner occupancy. Unless owned by a government agency, land trust, or housing organization, the property owner must reside onsite. c. Deed restriction. A deed restriction must be recorded before final building permit inspection, in accordance with California Government Code section 66333, and state the following: i. Sale of the junior accessory dwelling unit separate from the sale of the single-unit dwelling is prohibited; ii. The deed restriction may be enforced against future purchasers; and iii. The size and attributes of the junior accessory dwelling unit may not deviate from the building permit under which the unit was constructed. d. Location. Junior accessory dwelling units must be constructed within the walls of a single-unit dwelling, which may include an attached garage. e. Entrance. The junior accessory dwelling unit must have an entrance that is separate from the main entrance to the proposed or existing single-unit dwelling. f. Bathroom. If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit must include both the entrance required under subsection e above and an interior entry to the main living area of the single-unit dwelling. g. Kitchen. The junior accessory dwelling unit must include an efficiency kitchen with: i. Cooking appliances; and ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. 4. Ministerial review. a. Unless subsection B.5, below, applies, the city shall ministerially review all applications for accessory dwelling units and junior accessory dwelling units submitted under this section. b. The city shall approve or deny an application to create an accessory dwelling unit or junior accessory dwelling unit under this section within 60 days of receipt of a complete application if there is an existing residential use on the lot. c. If the application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new residential development on the lot, the city may delay approving or denying the permit application for the accessory dwelling unit or junior accessory dwelling unit until the permit application to create the residential development is approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved. 5. Deviations from development and design standards. A request to deviate from the development standards contained in subsection B.2.c above may be made by application for site plan and design review under chapter 17.808. C. Accessory dwelling units and junior accessory dwelling units eligible for ministerial review under California Government Code section 66323. 1. Notwithstanding subsection B, above, the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following, as set forth in California Government Code section 66323: a. One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-unit dwelling if all the following are met: i. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-unit dwelling or existing space of a single-unit dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ii. The space has exterior access from the proposed or existing single-family dwelling. iii. The side-yard and rear-yard setbacks are sufficient for fire and safety. iv. The junior accessory dwelling unit complies with California Government Code section 66333. b. One detached, new construction, accessory dwelling unit that does not exceed 4-foot side-yard and rear-yard setbacks for a lot with a proposed or existing single-unit dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit that meets the requirements set forth in California Government Code section 66333. The accessory dwelling unit may not exceed a floor area of 800 square feet and a height of 18 feet unless additional height is needed to align the roof pitch of the accessory dwelling unit with the roof pitch of the primary dwelling unit. In that instance, the accessory dwelling unit may not exceed a height of 20 feet. c. Multiple accessory dwelling units within the portions of existing multi-unit dwellings that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The number of accessory dwelling units shall not exceed one or 25% of the existing multi-unit dwellings, whichever is greater. d. Multiple accessory dwelling units, not to exceed the number specified in subsections C.1.d.i and C.1.d.ii below, that are located on a lot that has an existing or proposed multi-unit dwelling, but are detached from that multi-unit dwelling, maintain 4-foot rear-yard and side-yard setbacks, and do not exceed 18 feet in height unless additional height is needed to align the roof pitch of the accessory dwelling unit with the roof pitch of the primary dwelling unit. In that instance, the accessory dwelling unit may not exceed a height of 20 feet. i. On a lot with an existing multi-unit dwelling, not more than eight detached accessory dwelling units may be constructed. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing dwelling units on the lot. ii. On a lot with a proposed multi-unit dwelling, not more than two detached accessory dwelling units may be constructed. 2. An accessory dwelling unit or junior accessory dwelling unit approved under this subsection C may not be rented for a term less than 30 days. 3. No other objective development standard or design standard within this title apply to accessory dwelling units meeting the requirements of this subsection C. (Ord. 2026-0001 § 25; Ord. 2024-0051 § 16; Ord. 2024-0017 § 46; Ord. 2021-0023 § 38; Ord. 2019-006 § 4; Ord. 2017-0008 § 7; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.106 Mini storage; locker building.

17.228.106 Mini storage; locker building. A mini storage or locker building shall comply with the development standards in this section. A. Outside of the central city, a minimum 10-foot wide landscape setback shall be provided along all street frontages and freeway rights-of-way. B. Open or outdoor storage areas are permitted only if screened by a minimum six-foot high solid masonry wall. C. A minimum of two waste disposal areas shall be provided. Waste facilities shall be screened by a minimum six-foot high solid masonry wall and provide for easy access of mini-storage clients. D. No retail business of any kind shall be permitted to operate in any of the mini storage or locker building units. (Ord. 2017-0061 § 66; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.107 Towing service; vehicle storage yard.

17.228.107 Towing service; vehicle storage yard. A towing service and vehicle storage yard for the temporary storage of vehicles may not engage in auto dismantling and shall comply with the development standards in this section. A. A minimum 10-foot wide landscape setback shall be provided along all street frontages and freeway rights-of-way. If the towing service and vehicle storage yard is utilizing an existing building with less than 10 feet between the building and any right-of-way, the provided setback shall be landscaped. B. All outdoor storage areas shall be screened by a minimum six-foot high solid fence or masonry wall around the entire perimeter of the outdoor storage area. C. Outdoor vehicle storage areas are not subject to the parking lot tree shading requirements in section 17.612.040. D. The address of the company shall be visible from the public right-of-way. At least one illuminated, instructional sign shall be located at the main entrance to the site and contain the following information: 1. Name of company; 2. Address; 3. Phone number; and 4. Address of company office if not located on the subject site. E. Tow car storage. A tow car may not be parked or stored in a residential zone when it is not in use, but must be stored in a zone that permits automobile storage. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.108 Alcoholic beverage sales, off-premises consumption; bars; nightclubs.

17.228.108 Alcoholic beverage sales, off-premises consumption; bars; nightclubs. A. Conditional use permit required. Except as provided in subsection C of this section, a conditional use permit is required for the following uses: alcoholic beverage sales for off-premises consumption, bar, and nightclub. 1. Findings. The decision-maker may approve a conditional use permit for alcoholic beverage sales for off-premises consumption, a bar, or nightclub based on the following findings, in addition to the findings required in section 17.808.200: a. The proposed alcoholic beverage sales will not adversely affect the peace or general welfare of the surrounding neighborhood; b. The proposed alcoholic beverage sales will not result in undue concentration of establishments dispensing alcoholic beverages; c. The proposed alcoholic beverage sales will not enlarge or encourage the development of a skid row or blighted area; and d. The proposed alcoholic beverage sales will not be contrary to or adversely affect any program of redevelopment or neighborhood conservation. 2. Considerations. a. The decision-maker shall consider whether the proposed alcoholic beverage sales will detrimentally affect nearby residentially zoned areas, and shall give consideration to the distance of the proposed alcoholic beverage sales from residential buildings; churches and faith congregations; schools, K-12; hospitals; parks and playgrounds; childcare centers; social services; and other similar uses. b. In addition to the considerations applicable to all conditional use permit applications, the decision-maker may consider the following under this section: hours of operation; quantity and size of containers sold; alcoholic content of wines; percentage of shelf space devoted to alcoholic beverages; a requirement that the establishment post, in compliance with the city code, signs prohibiting the possession of open alcoholic beverage containers or the consumption of alcoholic beverages on any property adjacent to the establishment under the control of the establishment's operator; and any other activities proposed for the premises. B. Deemed conditional use permit. Alcoholic beverage sales for off-premises consumption, bars, or nightclubs operating under a deemed conditional use permit shall not do any of the following unless a new conditional use permit is approved: 1. Change the type of retail liquor license within a license classification; 2. Recommence alcoholic beverage sales for off-premises consumption after sales were discontinued for a continuous period of at least one year, including the case where the license for such sales is suspended or revoked; provided, however, that a suspension for violation of Business and Professions Code section 23790.5(e) shall not constitute a break in the continuous operation of the sales of alcoholic beverages. An establishment that has discontinued alcoholic beverage sales shall not be deemed to have resumed sales unless the establishment is open for business for alcoholic beverage sales for off-premises consumption for at least 60 continuous days in substantially the same manner that it operated before its alcoholic beverage sales were discontinued. Whether an establishment is being operated in substantially the same manner shall be determined by reference to the type and amount of merchandise for sale, the hours and days of operation, the number of persons on duty to serve customers, and such other factors as may be relevant; or 3. Substantially change the business of alcohol sales for off-premises consumption, bars, or nightclubs, including: a. Increasing the floor space devoted to display or storage of alcoholic beverages; or b. Modifying the premises by expanding the gross floor area more than 10 percent, which requires issuance of a building permit (not including routine maintenance and repair). C. Conditional use permit not required. 1. A conditional use permit is not required for alcoholic beverage sales for off-premises consumption in a store with greater than 15,000 square feet in gross floor area if the shelving allocated to alcoholic beverages does not exceed 10% of the total shelving within the store. 2. A conditional use permit is not required for an on-sale licensee, other than a bar, on account of the licensee's statutory off-sale privileges if the licensee does not hold itself out as selling alcoholic beverages for off-premises consumption. (Ord. 2017-0061 § 67; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.109 Drive-through restaurant.

17.228.109 Drive-through restaurant. A. Findings. A conditional use permit shall not be granted for a drive-through restaurant unless the decision-maker, in addition to the findings required by section 17.808.200, makes the following additional findings: 1. The design and location of the drive-through restaurant service facility will not contribute to increased congestion on public or private streets or alleys adjacent to the subject property. 2. The design and location of the drive-through restaurant service facility will not impede access to or exit from the parking lot serving the business, impair normal circulation within the parking lot or impede pedestrian movement properties. B. Development standards. The development standards in this subsection B shall be used to analyze the adequacy of the design of a drive-through restaurant. 1. A minimum stacking distance of 180 feet shall be provided to each pick-up window or automated machine. 2. A drive-through restaurant service facility with a separate ordering point and pick-up window shall provide stacking space for at least four vehicles in advance of each ordering point and stacking space for at least four vehicles between each ordering point and pick-up window. 3. Entrances to drive-through lanes shall be at least 25 feet from driveways entering a public or private street or alley. 4. A drive-through restaurant service facility shall not be considered as justification for reducing the number of required parking spaces. 5. The minimum width of each drive-through lane is 11 feet. The entrance to the lane and the direction of traffic flow shall be clearly designated by signs and pavement marking or raised curbs. 6. Operation of the drive-through restaurant service facility is restricted to the hours between 7:00 a.m. and 10:00 p.m. when the site is contiguous to residentially zoned or used property, unless the decision-maker approves different hours of operation as a condition of approval of the conditional use permit. C. Guidelines. The guidelines in this subsection C shall be used in analyzing the adequacy of the design of the drive-through restaurant. The decision-maker may require redesign of a drive-through restaurant to comply with these guidelines. 1. Public address speakers, on-site lighting, and drive-through lanes shall be designed and located such that noise, exhaust fumes, and stray light shall not unreasonable impact adjacent properties. 2. Placement of a canopy over the pick-up window is desirable to protect the customer from inclement weather. However, the canopy cannot be used as justification to reduce the amount of required on-site shading. 3. Interior landscaping shall be installed on the site to offset the extensive pavement area devoted to the drive-through lane. D. Notice to city council. As soon as reasonably practicable after the zoning administrator or planning and design commission makes a decision on a conditional use permit required to establish a drive-through restaurant, the planning director shall report that decision to the mayor and the councilmember in whose district the project is located, by sending the report by electronic mail and confirming that each received it. E. Procedures for call-up review. The mayor or the councilmember in whose district the project is located may call up for city council review any decision described in subsection D by filing a written request with the planning director within 15 business days of the zoning administrator's or planning and design commission's decision. Once the request is filed, the council shall notice and set the matter for the hearing before it. Notice of the hearing shall be given in the manner provided in section 17.812.010.A.2.a. The hearing before the city council shall be de novo. F. Withdrawal of request for review. The requester under subsection E may withdraw that request. The withdrawal shall be noted on the next regularly scheduled meeting of the city council and shall be considered to have occurred on that date. (Ord. 2021-0032 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.110 Accessory drive-through service facility.

17.228.110 Accessory drive-through service facility. A. Development standards. An accessory drive-through service facility shall conform to the development standards in this subsection A. 1. A minimum stacking distance of 100 feet shall be provided to each pick-up window or automated machine. 2. A drive-through service facility with a separate ordering point and pick-up window shall provide stacking space for at least four vehicles in advance of each ordering point and stacking space for at least four vehicles between each ordering point and pick-up window. 3. Entrances to drive-through lanes shall be at least 25 feet from driveways entering a public or private street or alley. 4. The minimum width of each drive-through lane shall be 11 feet. The entrance to the lane and the direction of traffic flow shall be clearly designated by signs and pavement marking or raised curbs. B. Hours of operation. Operation of the accessory drive-through service facility is restricted to the hours between 7:00 a.m. and 10:00 p.m. if the site is contiguous to residentially zoned or used property, unless the hours are modified by a conditional use permit approved by the zoning administrator. (Ord. 2021-0024 § 18; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.111 Fraternity house; sorority house; dormitory.

17.228.111 Fraternity house; sorority house; dormitory. A. Operational standards. Fraternity house, sorority house, and dormitory uses shall conform to the operational stand-ards in this subsection A. 1. Every room used for sleeping purposes shall have not less than 100 square feet of floor area. Where more than one person occupies a room used for sleeping, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of one. 2. The facility shall provide a common lounge area. The lounge shall be centrally located. 3. A property owner or a manager shall reside on the premises. B. Modifications. A planning and design commission conditional use permit is required to modify the operational standards stated in subsection A. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.112 Residential hotel.

17.228.112 Residential hotel. A. Administrative permit. Except as otherwise provided in this title, a residential hotel requires an administrative permit. B. Floor size and occupancy. The floor size and occupancy of individual residential hotel units must comply with the applicable standards in title 15. C. Kitchens. A residential hotel may provide: 1. A kitchen within individual residential hotel units; 2. One or more kitchens for shared use by tenants and located within a common room; or 3. No kitchens. As used in this subsection C, a kitchen means a room, space, or area with equipment for the preparation and cooking of food. D. Bathrooms. A residential hotel may provide full or partial bathrooms within individual residential hotel units. At least one full bathroom for shared use by tenants must be provided on each floor that includes an individual residential hotel unit without a full bathroom. As used in this subsection D, a full bathroom means a room that includes a water closet, lavatory, and bathtub or shower; a partial bathroom means a room that includes at least one of these plumbing fixtures. E. Common space. A residential hotel must provide common space for passive or active recreational use by tenants at a location within the building or outdoors in a yard as follows: 1. At least one common space must be provided at a ratio of 10 square feet per unit, or at least 150 square feet, whichever results in the greater amount of open space. 2. Common spaces must be accessible by all tenants. 3. If provided outdoors in a yard, the minimum width and depth of the common space must be 10 feet. 4. Each common space must be furnished for use by tenants (e.g., couches, tables, chairs, or desks). 5. Rooms used for laundry, storage, sanitation, or hallways do not constitute common space, within the meaning of this section. F. Security. Security must be provided within each residential hotel unit by means of a separate dead bolt and latch lock. G. Manager's office. A residential hotel with 12 or more units must have a manager reside on-site or provide a 24-hour front-desk service near the main entry to the residential hotel. The front desk must have a full view of the entry area. Signage that provides the current phone number to contact management staff must be posted near the main entry. (Ord. 2024-0054 § 36; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.113 Childcare center.

17.228.113 Childcare center. A childcare center shall conform to the development standards in this section. A. Fences. If the proposed center abuts a residential zone or residence, a minimum six-foot high solid wall of masonry, brick, stucco or similar material shall be provided. The wall shall be placed along all property lines which abut the residential zone or residence. A masonry wall shall not be required if: 1. The center is separated from a residential zone or residence by an alley; 2. The center will be located in an existing commercial building which did not require a wall when built, no expansion of the building will occur and the building is located between the play yard and the residential zone or residence; and 3. The proposed center abuts a zone or use other than residential. B. Outdoor play areas. Outdoor play areas shall be separated from vehicular circulation, parking areas, equipment enclosures, storage areas, and refuse and recycling areas. Play areas shall be adequately fenced. (Ord. 2021-0024 § 19; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.114 Heliport; helistop.

17.228.114 Heliport; helistop. A. A conditional use permit approved by the planning and design commission under section 17.808.200 is required to establish or operate a heliport or helistop at a location other than at an existing airport. B. Approval of the conditional use permit by the planning and design commission is deemed to be approval of the plan of construction for the heliport or helistop under California Public Utilities Code section 21661.5. C. All terms and conditions of approval for the heliport or helistop required by the California Department of Transportation Division of Aeronautics, the Federal Aviation Administration, or any other state or federal agency are conditions of approval of the conditional use permit. D. Each conditional use permit shall be conditioned on the owner and operator of the heliport or helistop complying at all times with chapter 12.92 and with the rules and regulations governing airports and heliports issued by the California State Department of Transportation Division of Aeronautics (21 California Code of Regulations section 3525 et seq.), including the recommendations contained in the Federal Aviation Administration's Advisory Circular AC 150/5390-2C and all other ACs referenced by or incorporated into the rules and regulations governing airports and heliports issued by the California State Department of Transportation Division of Aeronautics. E. Rooftop emergency facilities, emergency medical services helicopter landing areas, temporary helicopter landing sites, and emergency use facilities are not heliports, and are allowed in any zone subject to compliance with chapter 12.92 and the state regulations identified in subsection D. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.115 Mobilehome park.

17.228.115 Mobilehome park. Mobilehome parks shall conform to the operational and development standards in this section. A. Site area. The minimum site area is five acres. B. Density. The minimum density is10 mobilehome spaces per acre. C. Use. No mobilehome shall be used for any purpose other than residential occupancy. No commercial enterprise shall be carried on within the confines of a mobilehome park other than that allowed by the zoning of the property on which the use is located or such other use as may be specified in the conditional use permit. D. Site standards. 1. Front and street side-yard setbacks. If the zoning district in which a mobilehome park is located requires a front or street side-yard setback, the setback shall be provided and shall be permanently landscaped and maintained with groundcover, trees, and shrubs. 2. Interior side yard setback. The minimum interior side-yard setback is 15 feet. 3. Rear yard setback. The minimum rear yard setback is 15 feet. 4. Screen planting. All minimum interior side yard and rear yard setbacks shall have a minimum of a 10-foot wide planting area of groundcover, trees and shrubs to act as a screen between the mobilehome park and abutting residential uses. 5. Access points. Access points shall be controlled through review of plans submitted on each individual conditional use permit application. 6. Lighting. Lighting shall consist of street electrolier type rather than flood lighting. 7. Driveways. All driveways and interior access streets shall be surfaced with a minimum of three inches of Portland cement or a minimum of two inches, after compaction, of hard, durable plant mix asphalt paving, over four inches of aggregate base rock in accordance with standard specifications adopted by the city. All drive-ways and interior access streets shall be surfaced and graded so that the drainage for the mobilehome park drains to a centrally-located drain or system of drains connected to the nearest storm sewer or other system of drainage approved by the planning director. 8. Fencing. A fence not less than five feet in height shall be erected along all interior side and rear lot lines and along street setback lines. 9. Accessory buildings or structures. No accessory building or structure shall be erected or maintained in any required minimum setback area. E. Mobilehome space standards. The site standards in this subsection E apply to each mobilehome space within a mobilehome park. 1. Space size. The average mobilehome space shall not be less than 1,750 square feet with no space to be less than 1,000 square feet. 2. Setbacks. The minimum front, side, and rear yard setback for each mobilehome space is five feet. 3. Landscaping. All minimum setback areas shall be permanently landscaped and maintained with groundcover, trees, and shrubs. 4. Accessory buildings or structures. No accessory building or structure shall be erected or maintained in any required minimum setback area for any individual mobilehome space. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.116 Conditions on use of railroad rights-of-way.

17.228.116 Conditions on use of railroad rights-of-way. A. A railroad right-of-way may be used for railroad tracks or spur tracks. B. Loading and unloading platforms or structures may be located on a railroad right-of-way only if: 1. The abutting property is located within a C-4 or M zone; and 2. No residential zoning is within 300 feet of the facility on the same side of the right-of-way. C. Railroad right-of-way located in the central city between B Street on the north, the north side of the R Street light rail tacks on the south, 19th Street on the west, and 20th Street on the east may be used for surface off-street vehicle parking facilities. The development standards in section 17.608.040, chapter 17.612, or in any other section of this title shall not apply to surface off-street vehicle parking facilities located in the railroad right-of-way in this area. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.117 Multi-unit dwellings.

17.228.117 Multi-unit dwellings. A. Maintenance and repair. Buildings and premises, including paint, siding, roofs, windows, fences, parking lots, and landscaping, shall be kept in good repair. Premises shall be kept free of junk, debris, and abandoned vehicles. B. Operational standards. The operational standards in this subsection B apply to multi-unit dwellings: 1. For projects of 15 or more dwelling units, a manager shall reside on-site; 2. The owner or operator shall post and maintain signage on the premises that provides the phone number to contact maintenance and management staff, which signage is subject to approval by the planning director; 3. The owner or operator shall conduct periodic inspections, not less than monthly, of the exterior of all buildings, trash enclosures, and recreation facilities; 4. The owner or operator shall establish and conduct a regular program of routine maintenance for the property. The program shall include common areas and scheduled repainting, replanting, and other similar activities that typically require attention at periodic intervals but not necessarily continuously. The owner or operator shall repaint or retreat all painted or treated areas at least once every eight years, provided that the planning director may approve less frequent repainting or retreatment upon a determination that less frequent treatment is appropriate, given the nature of the materials used or other factors. The program is subject to review and approval by the planning director; 5. The owner or operator shall maintain landscaping and irrigation in a healthy and serviceable condition; and 6. The owner or operator shall indicate and maintain all locations of parking stalls for disabled access and strictly enforce applicable rules. C. Modifications. A zoning administrator conditional use permit is required to waive or modify the operational standards in subsection B. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.118 Community clinics.

17.228.118 Community clinics. A. Purpose. The purpose of this section is to comply with California Government Code section 65914.900, relating to ministerial review of community clinics. B. Administrative permit. A development will be granted an administrative permit for a community clinic if it complies with the objective planning standards in California Government Code section 65914.900, subdivision (a). C. Application processing. 1. In determining whether a development is consistent with the objective planning standards in California Government Code section 65914.900, subdivision (a), the development is subject only to the plans, ordinances, policies, regulations, and standards in effect when the application is submitted. 2. The city shall approve or deny an application for a community clinic within 60 days of submission of the application, as required by California Government Code Code section 65914.900, subject to all the following: a. If the city determines the development conflicts with any of the objective planning standards in California Government Code section 65914.900, subdivision (a), then— i. The city shall provide the applicant with written documentation of the standard or standards with which the development conflicts and an explanation of the reasons the development conflicts with the standard or standards; ii. The applicant may submit materials to the city to address and resolve the conflicts; and iii. If the applicant submits materials to address or resolve the conflicts, the city shall, within 60 calendar days, determine whether the application as supplemented or amended is consistent with the objective planning standards. 3. Applications approved pursuant to this section are subject to reconsideration, consistent with section 17.812.020. 4. Notwithstanding section 17.812.020, applications denied pursuant to this section may be appealed by the applicant to the city council. The city council shall make a final decision within 60 days of the filing of the appeal. 5. The city and applicant may agree to extend any time limit in this section. D. Deviations from development and design standards. A request to deviate from the development standards in this title may be made by application for site plan and design review under chapter 17.808 in lieu of an administrative permit under this section. (Ord. 2026-0001 § 26)

Sacramento City Code § 17.228.119 Reserved.

Sacramento City Code § 17.228.120 Fuel storage yard.

17.228.120 Fuel storage yard. A. No fuel storage yard shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or residential use. B. Notwithstanding chapters 17.216 and 17.220, a planning and design commission conditional use permit is required to establish a fuel storage yard that: 1. Is located on a parcel that is greater than two acres; 2. Contains one or more tanks of 500 gallon or greater capacity containing liquefied or compressed flammable or combustible gases; 3. Generates or manufactures liquefied or compressed flammable or combustible gases on the site; and 4. Distributes liquefied or compressed flammable or combustible gases in containers with a capacity of greater than 20 gallons. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.121 Check-cashing center.

17.228.121 Check-cashing center. A. Locational requirements. In addition to the other requirements for approval of a conditional use permit, no conditional use permit shall be issued or approved for a check-cashing center unless the proposed location satisfies all of the following locational requirements: 1. No check-cashing center shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any other check-cashing center; church or faith congregation; school, K-12; childcare center; or financial institution including a state or federally chartered bank, savings association, or credit union. 2. No check-cashing center shall be established or located within 500 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or residential use. 3. Only those uses lawfully established as of the date that the application for a check-cashing center conditional use permit is determined or deemed to be complete shall be considered for purposes of determining whether the locational requirements are met. B. Hours of operation. Operation of the check-cashing center shall be restricted to between the hours of 7:00 a.m. and 7:00 p.m. unless different hours of operation are approved by condition of the conditional use permit. C. Operational considerations. The application for a conditional use permit for a check-cashing center shall include a security plan, sign program, lighting plan, and good neighbor policy. In its review of the conditional use permit, the planning and design commission shall consider the proposed security plan, sign program, lighting plan, and good neighbor policy and, if it determines to approve the conditional use permit, shall impose conditions as it finds necessary or appropriate to ensure that the check cashing center is not operated in a manner that will be detrimental to the public health, safety, or welfare, or that will result in the creation of a nuisance. D. Discontinuance. Notwithstanding the provisions of section 17.808.410, if the operation of a check-cashing center is discontinued for a continuous period exceeding one year, the conditional use permit expires for discontinuance of use and thereafter is void. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.122 Reserved.

Sacramento City Code § 17.228.123 Solar energy system, commercial (non-city property).

17.228.123 Solar energy system, commercial (non-city property). Notwithstanding section 17.808.410, if the operation of a solar energy system, commercial (non-city property) is discontinued for a continuous period exceeding one year, the conditional use permit expires for discontinuance of use and thereafter is void. Upon expiration of the conditional use permit, the solar energy system and all related equipment and accessory structures shall be removed from the site. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.124 Community market.

17.228.124 Community market. A. A community market shall conform to the development standards in this subsection A. 1. The use shall be located on an improved surface, such as a parking lot. If located in a parking lot the use shall not be located in any required parking or maneuvering areas; 2. The use shall not be larger than 500 square feet in area. The perimeter of the community market shall be designated by a temporary barrier such as tape, rope, temporary fencing, bollards, or cones; 3. The community market shall operate not more than one day out of the week for a maximum of five consecutive hours. The community market may operate only between the hours of 8:00 a.m. and 7:00 p.m.; and 4. One sign is permitted. The sign shall be a portable sign, and may be an A-frame. The sign, including supports, shall fit into an area of not more than four feet in height, three feet in width, and three feet in depth. B. If the market does not conform to the development standards stated in subsection A, the market is an outdoor market. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.125 Model home temporary sales office.

17.228.125 Model home temporary sales office. A. Administrative permit. A model home temporary sales office for a new subdivision requires the issuance of an administrative permit. The permit shall be obtained prior to issuance of a building permit for a model home temporary sales office. B. Application. The applicant shall submit the following documents with the application: 1. Floor plans and elevations of each unit to be used as a model home or sales office; 2. An overall site plan and landscape plan of the complex, including off-site parking facilities and outdoor lighting, if any; 3. A copy of the subdivision map; and 4. A sign program that conforms to chapter 15.148. C. Off-site parking. Any off-site parking facility shall conform to chapters 17.608 and 17.612, except as follows: 1. If the off-site parking facility is adjacent to the public right-of-way, the required landscaped planter shall have a minimum width of four feet. 2. The parking lot tree shading requirements in section 17.612.040 do not apply to the off-street parking facility. D. Term. The model home temporary sales office permit shall be valid for two years from the date of its issuance and may be renewed for additional one-year periods. E. Other requirements. All buildings and structures associated with the model home temporary sales office shall comply with all height and area requirements of the zoning district in which it is located. The model home temporary sales office shall be located so as to be easily accessible from existing improved streets during construction of the model home and not more than 300 feet from the nearest existing source of water supply for fire-fighting purposes. F. Restoration. Upon expiration of the model home temporary sales office permit, or at the time the model unit is no longer used for display or as a sales office, all pavement used for a parking area shall be removed, and all signage associated with the marketing of the subdivision shall be removed. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.126 Temporary nonresidential use.

17.228.126 Temporary nonresidential use. A. Purpose and scope. The purpose of this section is to set standards for the establishment of a temporary nonresidential use under limited circumstances as set forth in this section. This section does not apply to temporary residential shelters, which are regulated by article VI of chapter 17.228, or to model home temporary sales offices, which are regulated by section 17.228.125. B. Administrative permit requirement. A temporary nonresidential use requires the issuance of an administrative permit. The administrative permit must be obtained before issuance of a building permit, if one is needed, for the temporary nonresidential use. C. Standards for granting an administrative permit. An administrative permit for a temporary nonresidential use will be granted if the use complies with all of subsections C.1 through C.6 below. 1. One of the following circumstances exist— a. A proposed permanent use on the site (i) has received all necessary planning permits or the proposed permanent use is allowed by right; and (ii) there is an active building permit for the proposed permanent use; or b. A local emergency has been declared pursuant to section 2.116.060 and the temporary use supports recovery and the recommencement of economic activities. 2. The temporary nonresidential use, if permanent, would be allowed by right on the site. 3. The project site is located— a. In the RMX zone (chapter 17.212), any zone codified in chapter 17.216 (i.e., commercial, office, and mixed-use zones), any zone codified in chapter 17.220 (i.e., industrial and manufacturing zones), or any zone codified in chapter 17.224 (miscellaneous zones); and b. Not more than 300 feet from the nearest existing water supply source for fire-fighting purposes. 4. If parking is provided to serve the temporary nonresidential use, all off-street parking facilities— a. Comply with section 17.608.040 (development standards for off-street parking facilities); and b. Are surfaced in accordance with section 17.612.020 or are surfaced with a temporary but durable material that prevents trackout (i.e., tracking dirt, mud, or other debris onto a public street). 5. Outdoor storage is screened from public view by landscaping, fencing, or a structure. 6. Bathroom and sanitation facilities are provided in accordance with title 15 (buildings and construction). D. The parking lot tree shading requirements in section 17.612.040 do not apply to temporary nonresidential uses that comply with this section. E. Term. Notwithstanding section 17.808.470, an administrative permit issued pursuant to this section expires one year from the date the permit is issued. A permit-holder may request, before the expiration of the permit, a one-time extension of up to one year, which may be approved at the director level if there are exceptional circumstances preventing completion of the permanent facilities for the nonresidential use. F. Restoration. Upon expiration of the administrative permit, all temporary facilities (e.g., building, trailer, parking area, signage, etc.) must be removed and the site must be restored to its previous condition. G. Permit attributes. Permits issued under this section are not property, have no value, do not create vested rights, and do not create legal nonconforming status. (Ord. 2024-0017 § 47; Ord. 2019-0006 § 5; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Sacramento City Code § 17.228.127 Development near existing or proposed light rail stations.

17.228.127 Development near existing or proposed light rail stations. A. Conditional use permits. A conditional use permit shall not be granted for uses subject to this section unless the decision-maker makes the findings required by section 17.808.200 and all the following findings: 1. The project includes pedestrian amenities such as lighting, benches, tree shading, and landscaping; 2. If the project includes the construction or reconstruction of a residential or mixed-use building with one or more dwelling units, or an addition to an existing residential or mixed-use building with one or more dwelling units, the project has a residential density of at least 15 dwelling units per net acre; and 3. If the project includes the construction or reconstruction of one or more buildings or an addition to an existing building a. New buildings adjacent to the street are designed with ground-floor street-facing facades that include transparent glass storefront windows or display windows that are equal to or greater in size than 50% of the product of the interior height of the ground floor and the width of the building's street frontage; b. The project site provides continuous, direct, and convenient pedestrian walkways to transit, adjacent uses, and other uses on the same site; c. Off-street vehicle parking is located beneath, on top, to the rear, or on the interior side of the building and not in front of the building; and d. The primary entrance has direct access to public ways and sidewalks. B. Exemption. If a use is expressly exempt from the requirement to secure a conditional use permit under any other provision of this title, this section shall not apply. C. Call-up review for gas stations capable of simultaneously fueling more than 10 vehicles near truck routes. 1. Notice to city council. As soon as reasonably practicable after the zoning administrator or planning and design commission makes a decision on a conditional use permit required to establish a gas station capable of simultaneously fueling more than 10 vehicles and within 500 feet of a city truck route or Surface Transportation Assistance Act truck route designated by the city council, the planning director shall report that decision to the mayor and the councilmember in whose district the project is located, by sending the report by electronic mail and confirming that each received it. 2. Procedures for call-up review. The mayor or the councilmember in whose district the project is located may call up for city council review any decision described in subsection C.1 by filing a written request with the planning director within 15 business days of the zoning administrator's or planning and design commission's decision. Once the request is filed, the council shall notice and set the matter for the hearing before it. Notice of the hearing shall be given in the manner provided in section 17.812.010.A.2.a. The hearing before the city council shall be de novo. 3. Withdrawal of request for review. The requester under subsection C.1 may withdraw that request. The withdrawal shall be noted on the next regularly scheduled meeting of the city council and shall be considered to have occurred on that date. (Ord. 2021-0024 § 20; Ord. 2020-0006 § 6; Ord. 2018-0055 § 14)

Sacramento City Code § 17.228.128 Assembly-Cultural, religious, social.

17.228.128 Assembly-Cultural, religious, social. Unless otherwise authorized by a conditional use permit approved by the zoning administrator or the planning and design commission, outdoor events are limited to four times per year, may not exceed two hours, and must end no later than 5:00 p.m. (Ord. 2020-0021 § 44)

Source: City of Sacramento, Sacramento City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/sacramentoca/latest/sacramento_ca/0-0-0-36077Fetched: 10/24/2026