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:
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:
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.
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