Neighborhood Preservation Area-NPA

Zoning Code of Sacramento County Title V: Special Planning Areas and Neighborhood Preservation Areas
Chapter 31 | Article 1

ARDEN OAKS NEIGHBORHOOD PRESERVATION AREA

531-10. INTENT. It is the intent of the Board of Supervisors in adopting this Neighborhood Preservation Ordinance (NPA) to preserve and protect the existing single family residential estate atmosphere of the property illustrated in Section 531-16, to preserve the unique social, architectural and environmental characteristics of the Arden Oaks area, and to prevent further encroachment of commercial uses in the area.

531-11. DEVELOPMENT STANDARDS. The uses, conditions and development standards applicable to the property illustrated in Section 531-16, as well as any additional standards included in this section. Any change in zoning to a newly adopted residential land use shall, in order to satisfy the intent of this Ordinance, maintain the following development standards:

1. Lot Area. Each lot shall have a minimum net area of 30,000 square feet.
2. Lot Width. Each lot shall have a minimum width and public street frontage of one-hundred and ten (110) feet. The width and frontage for lots fronting on a curved street or curved portion of a cul-de-sac street shall be measured along a chord located fifty (50) feet from the edge of the street right-of-way.
3. Height. No structures shall exceed two (2) stories and 30 feet in height.
4. Yard Area/ Setback Requirements
   1. Primary Residence and Habitable Accessory Structures. No primary residence or habitable accessory structures shall be constructed, extended, or moved onto any lot unless the following yards are maintained:
      1. Front yard of not less than fifty (50) feet;
      2. Rear yard of not less than thirty-five (35) feet;
      3. Side yards of not less than twenty (20) feet for a single story residence or habitable accessory structure or from the single story portion of a two story residence, and thirty (30) feet for a two story residence;
      4. Side street yards of not less than twenty-five (25) feet for a single story residence or habitable accessory structure or from the single story portion of a two story residence, and thirty (30) feet for a two story residence.
   2. Accessory Structures. Non-habitable accessory structures described in Section 5.4.5 of the Sacramento County Zoning Code, shall not be located within a required front or side yard, or within twenty (20) feet of a side or rear property line. Examples of nonhabitable accessory structures include, but are not limited to: pools, pool equipment, tennis/sports courts, and sheds. Fences under seven (7) feet in height shall maintain setbacks as provided in Table 5.10 of the Sacramento County Zoning Code.
   3. Border Properties. Properties identified as Border Parcels as illustrated in Section 531-16 shall be required to meet the yard area requirements contained in Section 531-11 of this Ordinance. However, a rear or side yard area that is adjacent to Arden Way, Watt Avenue, or property outside of the Arden Oaks NPA boundary shall be regulated by the provisions of Section 5.4.5 of the Sacramento County Zoning Code as it relates to setbacks for non-habitable accessory structures.
5. Uses permitted, and uses permitted subject to the issuance of a conditional use permit by the appropriate authority in the RD-2 Zone, shall be permitted subject to the conditions in this NPA, except that those uses designated as "institutional uses" in the Zoning Code shall require a minimum lot size of three (3) acres

531-12. VIOLATIONS. Violation of the provisions of this Ordinance, or exhibits made part of this Ordinance, shall be deemed a violation of Sacramento County Zoning Code, Section 6.6.8.

531-13. VARIANCES. The variance provision of Section 6.5.1 of the Sacramento County Zoning Code shall apply to this Ordinance, excep

531-14. CONTINUANCE OF NONCONFORMING USES. The continuance of uses made nonconforming by the adoption of this Ordinance shall be permitted to continue, pursuant to the provisions of Section 1.9 of the Sacramento County Zoning Code.

531-15. FINDINGS. During the public hearings on this Ordinance, the Planning Commission and the Board of Supervisors determined that:

1. The area illustrated in Section 531-16 is a unique area of winding streets and large wide lots and a spacious estate-type atmosphere. The 110 foot lot width requirement is necessary to prevent lot splits and preserve the unique characteristics of the neighborhood.
2. The Arden Oaks neighborhood is of sufficient size to constitute an identifiable neighborhood.
3. This NPA zone is reasonable and will not cause undue hardship for any of the property owners, since the majority of the existing lots in this area meet the development requirements of this Ordinance.
4. It is in the best interest of the residents of Arden Oaks and the County of Sacramento that the character of the existing single family residential neighborhood be preserved, protected and maintained, and that therefore development not consistent with this NPA is incompatible with the character of the area and the needs of the people of the County of Sacramento.

                                 Understanding the Arden Oaks NPA

1. The “Right of Way” for County-owned roads in ArdenOaks is 50 feet. To determine the location of the 50-feet right of way, the County begins at the middle of the road and measures 25 feet perpendicular to the road on each side of the centerline. In all cases, the County right of way extends into the ‘front yard’ or ‘side yards’ of Arden Oaks properties. This right of way is County property, which has two important implications:

         a. No structures that are not ‘break away’ can be constructed in the right of way. This includes wrought-iron fences anchored in concrete and solid mailboxes. 

         b. The additional setbacks for all “Permanent structures” are measured beginning at the edge of the County’s right of way. As a result, a permanent structure in the front yard needs to be at least 75 feet from the middle of the road (25 feet for the right of way plus the 50-foot front yard set back in the Arden Oaks NPA). A permanent structure on the side yard must be 50 to 55 feet from the middle of the road. 

2. The Definition of “Permanent Structure” is broad, and setbacks requirements of the NPA apply to permanent structures. Included within the definition of permanent structure are swimming pools and any structure with a foundation or which is permanently attached to the ground (except fencing). All of these permanent structures must comply with the setback requirements of the NPA. 

3. Many non-compliant homes and other structures were “grandfathered in” when the NPA was enacted in the early 1980s. Non-compliant homes that are sold in Arden Oaks are often not required to make changes in order to comply with the NPA. However, remodels and additions to existing structures and all new construction must comply with the current development standards and restrictions included in both the Arden Oaks NPA and the Sacramento County Zoning Code 

4. Zoning Standards for Accessory Dwelling Units. A set of changes to State statutes in January 2020 related to Accessory Dwelling Units (ADUs) overrides the interior side and back yard setback requirements for this type of structure . 

5. California SB-9. A set of changes to State statutes in January 2022, California Senate Bill 9 (SB-9) allows lot splits with subsequent reduction in interior side and back yard setbacks for those new lots, overriding the NPA regulations.

In all instances, residents are urged to follow up directly with Sacramento County for site-specific interpretation of the Arden Oaks NPA applicable to your property.