Linda Creek Estates PD

Sacramento County Zoning Code
Linda Creek Planned Development Ordinance

Adopted March 9, 1977
77-PD-3
Adopted by ZMA #3769 / 1976-RSD-1686A

SECTION 1. PROPERTY REZONED

Section 23.01.188 of the Zoning Code of Sacramento County, Ordinance No. 1111, as amended, which incorporates Comprehensive Zoning Plan Unit No. 380/212, is amended to change the real property described in Exhibit “A” on said Comprehensive Zoning Plan to A-2 (PD) Agricultural (Planned Development) Zone. Exhibit “A” is attached hereto and incorporated herein and made a part of this ordinance.

SECTION 2. INCORPORATION WITHIN ZONING CODE

Chapter 1, Article 3, of the Zoning Code of Sacramento County, Ordinance No. 1111, as amended, is hereby amended by adding thereto Section 23.01.360, which shall read as follows:

Section 23.01.360 – Planned Unit Development Ordinance No. 77-PD-3

SECTION 3. EXHIBITS INCORPORATED

The site plan Exhibit “1”, described generally in this section and attached to this ordinance, is incorporated herein and made a part of this ordinance to regulate the property described in Exhibit “A”. The exhibit is on file in the Office of the Clerk of the Board of Supervisors and is a part of this ordinance as if fully set forth herein.

SECTION 4. PURPOSE OF ORDINANCE

The property commonly known as Linda Creek Estates PD and more specifically described in Exhibit “A” is a 31.5-acre site consisting of open pasture with some significant topographic features and oak wooded areas along the Linda Creek floodplain which runs along the east property line. Most of the site is developable. The topography, oak wooded area, and creek/floodplain do impose considerable constraint, however. It is the purpose of this ordinance to permit development of the site while preserving the existing topographical features and amenities, to retain the floodplain in its natural state, and retain both features in a condition usable by the residents of the development.

SECTION 5. PERMITTED USES

The following uses shall be permitted within the property described as shown on Exhibit “A”:

1. One (1) single family detached dwelling on each lot, as shown on Exhibit "1".
2. Accessory buildings appurtenant to a permitted use which are incidental to and subordinate to the residential use of the premises.
3. Accessory uses customarily incidental to and subordinate to the residential use of the premises.
4. Foster homes not to exceed 6 children including children of the foster family.
5. Real estate signs as provided in Section 23.16.000.
6. Temporary construction signs as provided in Section 23.16.001.
7. Political, religious, and civic campaign signs as provided in Section 23.16.002.
8. Incidental agricultural uses such as the raising of food crops and domestic animals for home consumption or personal use, provided any animal so kept shall be kept within a stable, shed, corral, coop, hutch, pen, or similar structure. Said structure shall be located not less than 80 feet from the street right-of-way, 30 feet from the side and rear lot lines, 150 feet from any neighbors dwelling and 30 feet from any dwelling on the same lot.
9. Day care homes not to exceed 10 children.

SECTION 6. DEVELOPMENT STANDARDS

No building or structure erected on or moved onto any lot within the property described in Exhibit “A” shall have a height greater than two (2) stories nor greater than thirty (30) feet; nor shall any such building or structure be erected or moved onto said property unless the following yards are provided and maintained:

1. There shall be a front yard of not less than twenty-five (25) feet.
2. There shall be a side yard of not less than five (5) feet.
3. There shall be a rear yard of not less than twenty-five (25) feet.
4. There shall be a side street yard of not less than twelve and one-half (12½) feet.

SECTION 7. GRADING

During the construction of the streets, building pads, driveways, and drainage within the property described in Exhibit “A”, grading shall be limited to that necessary for the installation of said streets, building pads, driveways, and drainage, and no grading shall take place within the drip line of the 18-inch oak tree on Lot 6, as said lot is shown on Exhibit “1”.

SECTION 8. NATURAL AREA

Lot “A” as shown on Exhibit “1” shall be maintained in a natural state. No structure or fence shall be constructed or placed, and no trees shall be removed within said Lot “A” except that trees and other natural growth may be removed as required for the elimination of dead and diseased growth, for fire protection and control, for preventing the retardation of drainage water within the creek, and as may be required for pedestrian, bicycle, or equestrian trails, or picnic areas and related uses consistent with the open space character of the area.

No grading or excavation shall be conducted within Lot “A” without the written approval of the Director of the Community Development and Environmental Protection Agency of the County of Sacramento or by such other person as said Director may designate.

SECTION 9. STREETS

The location and configuration of the streets shall be as shown on Exhibit “1” and shall be offered for dedication as public streets within the rights-of-way as shown on Exhibit “1”. Said public streets shall be constructed in conformance with County standards for Class “C” streets.

SECTION 10. SUBDIVISION MAP

Developer and/or the owners shall record a subdivision map of the property described in Exhibit “A” in substantial conformance with Exhibit “1”. No site preparation or construction work of any kind shall be commenced until a tentative subdivision map has been submitted to and approved by the Planning Commission.

SECTION 11. APPROVAL OF COVENANTS AND RESTRICTIONS

The Declaration of Covenants, Conditions, and Restrictions which relate to the common area shall be approved by the County Counsel prior to the recordation of the final subdivision map. The Declaration of Covenants, Conditions, and Restrictions, and the Articles of Incorporation and By-laws shall provide that the same may not be amended without the concurring approval of Sacramento County. The documents shall also provide that the County of Sacramento shall be able to enforce the provisions of the documents which relate to the maintenance of the common areas.

SECTION 12. FINDINGS

During the public hearings on this ordinance, the Planning Commission and the Board of Supervisors determined that:

1. The proposed development will carry out the intent of the General Plan.
2. The proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.
3. The proposed development is compatible with existing and proposed land uses in the surrounding area.
4. Exceptions to the standard requirements of the Sacramento County Zoning Code, Ordinance No. 1111, are justified by the design of the development.
5. The arrangements of dwellings and mixing of dwelling types is justified by larger and more usable open spaces.
6. There is adequate assurance that the development schedule will be met.
7. There is adequate assurance that all public improvements will be installed at the scheduled times as required by the Public Works Department.
8. The existing or proposed utility services are adequate for the uses and population densities proposed.

SECTION 13. VARIANCES

The following sentence was copied verbatim from the original document. The intent seems to be to not allow variances from the PD Ordinance’s provisions.

The variance provision of Article 1, Chapter 18, of the Sacramento County Zoning Code, Ordinance No. 1111, as amended, shall be deemed a violation of Sacramento County Zoning Code, Ordinance No. 1111, as amended, shall not apply to this ordinance.

Section 14 is erroneously skipped in the original ordinance.

SECTION 15. 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, Ordinance No. 1111, as amended.

EXHIBIT “A”

Exhibit “A” is missing from County records. See Exhibit “1” for the boundary of the PD.

EXHIBIT “1”