6.4. SPECIAL PERMITS

6.4.1.A. Application and Procedures

[AMENDED 12-01-2017]

Application for special permits such as a Conditional Use Permit or Special Development Permit shall be made by the property owner or his agent or lessee to Planning and Environmental Review on a form prescribed by the Planning Director or his/her agent. The application shall follow the requirements and procedures set forth in the User Guide.

6.4.1.B. Hearing and Notice

1. Public hearing and noticing requirements before the Zoning Administrator, Planning Commission, Board of Zoning Appeals, and Board of Supervisors shall follow the procedures outlined in the User Guide for the following types of requests:

   • a. Conditional Use Permits.

   • b. Special Development Permits.

   • c. Appeals of actions on any special permit filed, pursuant to this Section.

   • d. Revocation of any special permit filed, pursuant to this Section.

2. When an application is for a Conditional Use Permit for a condominium conversion and the subject property is occupied by residential units, the occupants or tenants of such units shall be included in the list of property owners furnished by the applicant.

3. Noticing requirements for Minor Use Permits shall follow the procedures outlined in the User Guide.

6.4.1.C. Board of Supervisors and Planning Commission Hearing Authority

Whenever there is an application that will be heard by the Board of Supervisors or the Planning Commission, that hearing authority shall have the ability to consider all aspects of the application, including, but not limited to, the granting of Variances, Conditional Use Permits, Tentative Maps, setback reductions, or other types of administrative hearing matters.

6.4.1.D. Notice of Grant

Upon the grant of a Variance, Conditional Use Permit, or Special Development Permit the Secretary of the Planning Commission shall prepare and deliver to the applicant a written statement thereof stating the fact of the grant and any conditions attached thereto. A copy shall be delivered also to the Chief Building Inspector and the other concerned County officials. No decision of the appropriate authority shall become final upon such grant, nor shall a permit or license of any kind be issued by any County office, until the time in which an appeal may be filed has elapsed without an appeal having been filed.

6.4.1.E. Withdrawal of Application

The appropriate authority may permit the withdrawal of an application for a special permit filed pursuant to this Section.

6.4.1.F. New Applications

The Planning Director, except upon the approval of the Planning Commission or the Board of Supervisors, shall not accept any application for a Variance, Conditional Use Permit, or Special Development Permit for a period of one year following the denial or revocation of any such permit for the same premises.

6.4.1.G. Revocation and Modification

1. Proceedings. Upon referral by the Planning Director, or if directed by the Board of Supervisors, the Planning Commission shall hold a public hearing for modifying or revoking any Variance, Special Development Permit, Certificate of Nonconforming Use, Minor Use Permit, Conditional Use Permit, or any other special permit which has been granted pursuant to the provisions of this Section or any ordinance superseded by this Section.

2. Decision of Commission. After a public hearing, the Commission may revoke or modify a Variance, Special Development Permit, Certificate of Nonconforming Use, Conditional Use Permit, or any other special permit which has been granted pursuant to the provisions of this Section or any ordinance superseded by this Section on one or more of the following grounds:

   • a. That such approval was obtained by fraud or misrepresentation; or

   • b. That any person making use of or relying upon the special permit is violating or has violated any conditions thereof, or that the use for which the special permit was granted is being, or has been exercised contrary to the terms or conditions of such approval, or that the use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare so as to be a nuisance.

6.4.1.H. Issuance of Building Permits in Emergencies

[AMENDED 12-01-2017]

Notwithstanding any provision to the contrary in this Code, the Sacramento County Building Permits Inspection Division may issue a building permit, an electrical permit, or other form of construction permit, prior to the grant of a Conditional Use Permit, Variance, or Special Development Permit, subject to all of the following conditions and criteria:

1. The applicant for the building permit, electrical permit, or other form of construction permit shall have completed an application for a Conditional Use Permit, Variance, or Special Development Permit.

2. The application for the Conditional Use Permit, Variance, or Special Development Permit is to replace, rebuild, or reconstruct a structure or facility destroyed or made inoperable or unusable due to a natural disaster such as a flood, earthquake, or other soil or geologic movement; fire; or the occurrence of a riot, accident, or sabotage.

3. There is a demonstrated urgency to replace, rebuild, or reconstruct the structure or facility involving one or more of the following:

   • a. A clear and imminent danger demanding immediate action to prevent or mitigate loss or damage to life, health, or property; or

   • b. The threat of loss of services for which there is an overriding public concern.

4. The completed application filed for the Conditional Use Permit, the Variance, or Special Development Permit qualifies as an emergency or categorical exemption as defined and regulated pursuant to the State Guidelines promulgated in Title 14, California Administrative Code, Section 15000 et seq., implementing the provisions of the California Environmental Quality Act.

5. The applicant files with Planning and Environmental Review a letter, executed before a notary public, indicating that the applicant understands that:

• a. The structure or facility shall be removed by the applicant in the event the Conditional Use Permit, Variance, or Special Development Permit, is not granted;

  • b. The issuance of a building permit, electrical permit, or other construction permit in advance of the grant of the Conditional Use Permit, Variance, or Special Development Permit does not vest in the applicant or successor to the applicant, any right to continue construction or use of the structure or facility, if the Conditional Use Permit, Variance, or Special Development Permit, is not granted by the appropriate authority;

  • c. If the County is required to remove the structure or facility due to the applicant's refusal or inability to do so, the applicant shall pay reasonable attorneys' fees and administrative expenses incurred by the County in removing or contracting to remove the structure or facility; and

  • d. A cash deposit or bond shall be required, in an amount to be determined by the Deputy County Executive of Public Works and Infrastructure, sufficient to pay the costs of the removal of the structure or facility, including reasonable attorneys' fees and administrative expenses; such deposit or bond to be held, or to remain in force, until released by the Deputy County Executive of Public Works and Infrastructure.

6.4.2.A. Purpose and Applicability

This Section provides a discretionary approval process for uses listed in this Code that are deemed to possess location, use, building, or traffic characteristics of such unique and special form as to make impractical or undesirable their inclusion as permitted uses; and therefore, requiring a Minor Use Permit. Minor Use Permits are subject to CEQA review.

6.4.2.B. Application Procedures

[AMENDED 12-01-2017]

The applicant shall submit an application and fees to Planning and Environmental Review on a form prescribed by the Planning Director or his/her agent. Detailed procedures for the application, review, and approval of Minor Use Permits are outlined in the User Guide.

6.4.2.C. Decision Authority and Approval Criteria

[AMENDED 02-24-2017][AMENDED 12- 01-2017][AMENDED 06-07-2018]

1. Minor Use Permits do not require a public hearing or review by CPAC for the area in which the use will be located.

2. General Findings. The following findings shall be made by the Planning Director in order to approve a Minor Use Permit:

   • a. The use is not detrimental to the public health, safety, convenience and general welfare of persons residing or working in the neighborhood of such use, and the purposes of this Code shall be maintained with respect to location, use, building traffic or other impacts of the proposed use and its relationship to surrounding properties;

   • b. The proposed use is consistent with the General Plan and all applicable provisions of this Code and applicable state and federal regulations;

   • c. The proposed use is consistent with the purpose and intent of the zoning district in which it is located;

   • d. The proposed use is consistent with any applicable use-specific standards, set forth in Chapter 3, “Use Regulations;”

   • e. The proposed use is consistent with any applicable development standards, set forth in Chapter 5, “Development Standards;”

   • f. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts);

   • g. Adequate measures are taken to reduce any negative impacts on neighboring residents or sensitive uses;

   • h. Facilities and services (including sewage and waste disposal, water, gas, electricity, sheriff and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development;

   • i. Adequate assurances of continued maintenance have been provided; and

   • j. Any significant adverse impacts on the natural environment will be mitigated pursuant to CEQA unless overridden.

3. In granting a Minor Use Permit, the Planning Director may impose certain conditions in order to make the findings in Section 6.4.2.C.2.a through c. The conditions may relate to use, building height, yard area, open space, setbacks, parking, signs, hours of operation, time limit, and other conditions necessary to comply with the findings of this Section, and all applicable site location, operation and development standards.

4. Decisions of the Planning Director may be appealed to the County Board of Zoning Appeals.

6.4.3.A. Purpose

This Section provides a discretionary approval process for conditional uses, which have unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of proposed conditional uses and is intended to ensure that such uses will not have a significant adverse impact on surrounding uses or on the community at large.

6.4.3.B. Applicability

Uses allowed by Conditional Use Permit in each zoning district are indicated in Chapter 3, “Use Regulations”

6.4.3.C. Application and Procedures

[AMENDED 12-01-2017]

The applicant shall submit an application to Planning and Environmental Review on a form prescribed by the Planning Director or his/her agent. The application shall follow the requirements and procedures described in the User Guide.

6.4.3.D. Decision Authority

Approval authority for review and decisions on Conditional Use Permits are as indicated in the Use Tables, Table 3.1 and are as summarized in Section 6.4.3.D.1 through 6.4.3.D.4.

1. Zoning Administrator. The Zoning Administrator shall decide an application for a Conditional Use Permit, pursuant to the procedures described in the User Guide, except as otherwise specified in this Section.

2. Planning Commission. The Planning Commission shall be the appropriate authority to hear and decide an application for a Conditional Use Permit whenever the application is filed contemporaneously with an application to change property from one zoning district to another, or any other permit where such application would be heard by the Planning Commission pursuant to the provisions of this Code, or for a tentative subdivision map pursuant to the provisions of Title 22 of the SCC.

3. Board of Supervisors. The Board of Supervisors shall be the appropriate authority to hear and decide an application for a Conditional Use Permit when so indicated on the Use Tables, Table 3-1 of this Code; or when an application has been filed contemporaneously with an application for any other zoning matter for which a hearing is to be held by the Board of Supervisors; or, after a recommendation by the Planning Commission, when an application is located within the area regulated by any Airport Land Use Compatibility Plan (ALUCP) and does not comply strictly with policies of the ALUCP, upon making the findings by a 4/5 vote.

4. [DELETED 09-18-2020]

6.4.3.E. Approval Criteria

[AMENDED 06-07-2018][AMENDED 12-20-2019]

1. To grant a Conditional Use Permit, the appropriate authority shall find and record in writing that the establishment, maintenance, or operation of the use, building, or structure applied for will not under the circumstances of the project be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County. Recommendations and decisions on a Conditional Use Permit application shall be based on consideration of whether:

the project be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County. Recommendations and decisions on a Conditional Use Permit application shall be based on consideration of whether:

• a. The proposed use is consistent with the General Plan and all applicable provisions of this Code and applicable state and federal regulations;

• b. The proposed use is consistent with the purpose and intent of the zoning district in which it is located;

• c. The proposed use is consistent with any applicable use-specific standards, set forth in Chapter 3, “Use Regulations;”

• d. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts);

• e. Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable;

• f. Facilities and services (including sewage and waste disposal, water, gas, electricity, sheriff and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development;

• g. Adequate assurances of continued maintenance have been provided;

• h. Any significant adverse impacts on the natural environment will be mitigated pursuant to CEQA unless overridden;

• i. The proposed use is consistent with the findings listed in Section 3.6.0.; and

• j. The proposed use is consistent with any applicable development standards set forth in Chapter 5, “Development Standards.”

2. Findings for Nonresidential Uses. In addition to the findings in Section 6.4.3.E.1, the following findings shall be considered in order to approve a Conditional Use Permit for the indicated use:

   • a. Office uses permitted pursuant to Chapter 2, subject to findings that the proposed use will be:

     • i. Compatible in design and size with the surrounding residential area; and

     • ii. Complies with the use and development standard requirements in Chapters 2 and 3 of this Code.

   • b. Convenience stores permitted pursuant to Chapter 2, subject to findings that the proposed use:

     • i. Serve only the needs of the surrounding residents in terms of area, design, and location of the project;

     • ii. Will be compatible in design and size with the surrounding residential area; and

     • iii. Complies with the use and development standard requirements in Chapters 2 and 3 of this Code.

   • c. Agricultural supplies and services, subject to findings that the proposed use:

     • i. Serve only the needs of the surrounding agricultural uses in terms of the area, design, and location of the project; and

     • ii. Will be compatible in design and size with the surrounding residential area.

3. Conditions of Approval

The appropriate authority may designate such conditions in connection with Conditional Use Permits as it deems necessary to protect the purposes of this Code. Such conditions may include, but are not limited to:

• a. Dedications of rights-of-way.

• b. Improvements of vehicle access to the subject property to County standards.

• c. Regulation of the placement of the use or building on the subject property.

• d. Regulation of height, number of stories.

• e. Regulation of the nature, hours of operation, extent of use.

• f. Regulation of landscaping for the protection of adjoining and nearby properties.

4. Conditions of Approval - Wireless Communications Facilities (WCFs)

The appropriate authority may designate any or all of the following conditions related to WCFs, as it deems necessary to protect the purposes of this Code:

• a. Require the use of screening, stealth design, use of setbacks, and use of architectural features on the subject site.

• b. Allow the use of mono-pines and mono-palms only when such use fits in with existing vegetation. Any use of tree features shall be maintained.

• c. Require the use of close proximity designs when new antennas are placed on poles.

• d. Require the use of materials that blend the tower or wireless facility in with the skyline, or with prevalent architectural or natural features of the subject site.

• e. All unused or obsolete wireless facilities, towers or equipment shall be removed from their respective sites within six months after operation has ceased.

• f. Identification signs, including emergency phone numbers of the utility provider, shall be posted at all tower and equipment sites.

6.4.4.A. Application

The provisions of this Section shall apply to the development of all residential condominiums and stock cooperatives including the conversion of existing dwelling units to condominiums, row houses, town houses, and stock cooperatives.

6.4.4.B. Application Content

[AMENDED 12-01-2017]

Recognizing that the conversion of existing structures which have been previously occupied and constructed as rental units presents unique problems to present tenants and future buyers, the application for a Conditional Use Permit for a condominium conversion project shall include the following information:

1. The proposed organizational documents, including the Covenants, Conditions and Restrictions to be recorded pursuant to CA CIV §1350 et seq. The organizational documents shall provide for the following:

   • a. Transfer of title to each unit;

   • b. Assignment of parking for each owner, and provisions for parking of recreational vehicles;

   • c. The management of common areas within the project, and the complex generally;

   • d. The anti-discrimination provisions set forth in this Section; and

   • e. Maintenance program and proposed budget.

2. A property report prepared by an engineer shall describe the condition and estimate the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, insulation, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, or standpipe systems, structural elements, and drainage systems.

   • The property report shall state what the Sound Transmission Class and Sound Impact Class of the existing floor-to-ceiling and wall-to-wall assemblies of sample units are. The report shall also explain, in nontechnical terms, what the class ratings mean and state what measure, if any, the applicant will take to improve sound attenuation between units. Projects constructed after July 1, 1978, which were in total compliance with the Building Code at the time of construction, shall be exempt from the property report requirement.

The property report shall list each fixed appliance to be contained in each or any unit offered for sale and shall state whether the appliance is or will be new or used when the unit is first offered for sale. The report shall also state the terms and nature of the warranty offered by the applicant on each such appliance.

3. A structural pest control report.

4. A building history report identifying the date of construction of all elements of the project.

5. A report identifying all characteristics of the building not in compliance with this ordinance or applicable building or housing codes.

6. A rental history report detailing the size, in square footage, of the building or buildings and each unit; the current or last rental rate; the name and address of each present tenant; the monthly rental rate for the preceding three years for each unit; the average monthly vacancy over the preceding three years; the number of evictions over the preceding three years. In addition, evidence shall be submitted that tenants have been notified and have acknowledged the applicants intent to file a request for conversion for a period of at least 90 days prior to the initial filing of an application for a conversion Use Permit or Tentative Subdivision Map. Failure to provide any information required in this Section, shall be accompanied by an affidavit or declaration given under penalty of perjury, setting forth in detail all efforts undertaken to discover the information and all reasons why the information could not be obtained.

7. A detailed report describing the relocation and moving assistance information to be given to each tenant, and the steps the applicant will take to ensure the successful relocation of each tenant. The report should state in detail what assistance will be provided for special category tenants, including a discussion of long-term or life- term leases and provisions to allow such tenants to continue renting after conversion until comparable housing, as defined by Section 6.4.4.N.3, is located and the move can be completed.

8. A survey of all the tenants in the conversion project indicating how long each tenant had been a resident of the project, how long each tenant had planned to live in the project, whether or not each tenant would be interested in purchasing a unit, to which community area would each tenant choose to relocate if the conversion took place and the tenant did not purchase a unit, and the extent of tenant approval in principle of the conversion. Included in this survey is an estimate of the sales price for each unit, not including inflation and adjustments that would take place during conversion.

   • To comply with this provision, the applicant shall provide a tenant rights handout and a questionnaire, in a form approved by the County, to each tenant with an envelope, postage prepaid, addressed to Sacramento County Planning and Environmental Review. The questionnaire shall direct the tenant to return the completed form directly to Planning and Environmental Review.

9. The Planning Director may require additional information necessary to assist in evaluating said conversion project in order to make proper findings in accordance with the purposes and objectives set forth in the adopted County General Plan, or any specific or community plan or element thereof in effect at the time of such application. Such information may include, but shall not be limited to:

   • a. A report comparing the units in the conversion project, as both rentals and ownership units, with housing available within the community plan areas affected by the project.

• b. A report on availability of comparable rental units at similar rental rates remaining within the affected community plan areas, including vacancy rate information.

• c. A report outlining the available low- and moderate-income housing units (rental and sales housing) within the affected community plan areas.

6.4.4.C. Ownership Association

The developer shall submit to the Planning Commission a copy of the maintenance program and proposed budget by a homeowner’s association or other enforceable means to ensure maintenance of common areas, landscaping, private streets, parking areas, and recreational facilities.

6.4.4.D. Building Code Requirements

1. A building proposed for conversion, and each unit within the building, shall comply at a minimum with all applicable Building Code standards in effect at the time of the last alteration, repair, relocation, or reconstruction of the building, necessitating compliance with the Building Code, or, if none, at the time of first construction.

2. No building shall be permitted to be converted to condominium ownership unless the building was constructed and subject to a building permit issued under the provisions of the 1952 Uniform Building Code, or subsequently adopted Uniform Building Code, unless it is found by the Appropriate Authority that the building constructed prior to 1952 is decent, safe, and sanitary based upon property report review by building inspector.

3. No building constructed after May 10, 1980 shall be permitted to be converted to condominium ownership unless the building was constructed in full compliance with all applicable building codes and the development standards applicable to new condominium construction, in effect at the time of the last alteration, repair, relocation, or reconstruction of the building, or, if none, at the time of first construction.

6.4.4.E. Building Inspection

After reviewing the property report required pursuant to Section, and after inspecting the structures within the project when deemed necessary, the Chief of the Sacramento County Divisions of Building Permits and Inspections shall identify and make available to the Planning Commission all items evidenced by such reports or inspection to be in noncompliance with applicable building and housing codes or to be hazardous to the life, health or safety of any occupant of the units within the project or the general public. All such items shall be corrected to the satisfaction of the Chief of the Sacramento County Divisions of Building Permits. An appropriate fee to cover the cost of the Division’s review and inspection may be collected.

6.4.4.F. Performance Board

If the proposed project does not comply with the provisions relating to utilities, personal safety and Building Code compliance, or if the Chief of the Sacramento County Divisions of Building Permits identifies any items to be corrected, any Conditional Use Permit issued pursuant to this part shall require the developer to furnish a performance bond or other means of security approved by the County Counsel in an amount to be determined by the Chief of the Sacramento County Division of Building Permits to be the reasonable estimated cost to bring the project into compliance with said codes and to make all necessary repairs. The bond shall run in favor of individual purchasers and the Association, and the bond shall provide for reasonable attorney’s fees in the event of default by the principal.

6.4.4.G. Consumer Protection Provisions

In addition to the tenant protection provisions set forth in the Subdivision Map Act, the applicant shall comply with all relocation assistance and other provisions of this Section, as conditions of any Conditional Use Permit for a condominium conversion project approved pursuant to this Code.

6.4.4.H. Sales and Lease Termination

The tenants of the project on the date of application shall be offered the first right of refusal to purchase units. The offer shall run for 90 days from the date of issuance of subdivision public report by the State Department of Real Estate unless the tenant gives prior written notice of intention not to exercise the right. A tenant of any project proposed for conversion on the date of application for each conversion may terminate any lease after giving 30 days notice. The required relocation assistance shall be applicable to all units from the date of final approval of the Use Permit to the closing of escrow for the final unit in the project.

6.4.4.I. Relocation Assistance

[AMENDED 12-01-2017]

The applicant shall offer to each eligible tenant a plan for relocation to comparable housing, as approved by the Board. The relocation plan shall provide, at a minimum, for conditions 6.4.4.I.1 through 5.

1. Assistance to each eligible tenant in locating comparable housing, including but not limited to providing availability reports and transportation, where necessary.

2. Payment of a relocation fee to each tenant who does not choose to stay. The payment shall be a cash payment of at least $300 if the tenant is relocating from an unfurnished apartment, or $200 if the tenant is relocating from a furnished apartment. A tenant is not entitled to a relocation fee pursuant to this Section if the tenant has been evicted for just cause. Cash payment minimums will be adjusted annually. In addition, up to $50 cash payment shall be made for utility deposits and hook-up costs.

3. In the case of eligible tenants who have disabilities or are elderly, low-income, or single heads of households living with one or more minor children, the following additional provisions must be made:

• a. Payment of the first month's rent in the new residence, if required upon moving in; and the transfer to the new complex of all key, utility, and pet deposits to which the tenant is entitled upon vacating the unit. Cleaning and security deposits, minus damages, shall be refunded to the tenant upon vacating the unit.

  • b. In lieu of the transfer of deposits to the new complex, the tenant may, at his or her option, elect to be refunded all deposits to which he or she is entitled.

  • c. If the amount of deposits and other fees required upon moving into the new complex exceed the amounts refunded to the tenant and transferred to the new complex, plus damages, the applicant shall pay the difference.

  • d. If amount of damage to any unit exceeds the deposit, the excess may be subtracted from the relocation assistance payment.

4. In the case of eligible special category tenants, the following additional provisions must be made:

   • a. Subsidy. Where the rent for the comparable unit into which the tenant moves is higher than the rent for the unit the tenant occupied in the conversion project the applicant shall pay the difference for a period of one year from the date of relocation.

   • b. Evictions. Until each tenant is successfully relocated, the tenant shall not be unjustly evicted from the unit presently occupied in the conversion project.

   • c. Reports. The applicant shall provide each tenant with a copy of the reports required by this Section detailing all relocation and moving assistance information to be provided by the applicant.

   • d. Life-Term and Long-Term Leases. The applicant shall offer eligible tenants leases for a term of:

   • i. 59 years when the tenant is elderly or has disabilities, and who also qualifies as low income. Such leases shall provide that annual rent increase shall not exceed the percent of change in HUD'S defined fair market rent.

   • ii. 59 years when the tenant is elderly or has disabilities, with a moderate income or greater. Rents may be increased at the prevailing market rate.

   • iii. An annually renewable lease for a term not to exceed five years for low-income households when the appropriate authority finds that comparable units are not available for the relocation of low income persons. Such agreements shall be certified for tenant eligibility each calendar year. Qualification for the Federal Section 8 program or its successor shall constitute certification.

5. The offer to each eligible tenant of a plan for relocation shall be free of any coercion, intimidation, inducement or promise not herein specified and shall not cause the tenant to vacate in advance of, or prior to, a timetable or schedule for relocation as approved in its application for approval of conversion.

6.4.4.J. Anti-discrimination

The applicant or owner of any condominium unit within a project shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person who is or was a lessee or tenant of any such dwelling unit because such person opposed, in any manner, the conversion of such building into a condominium. In a like manner, the applicant or owner shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person or family based upon age or family size, when family size does not exceed HUD’s standard for overcrowding of 1.25 persons per room. This anti-discrimination Section shall be included in the conditions, covenants, and restrictions for the project.

6.4.4.K. Preconversion Protection

1. From the date of application for a permit to convert, or until relocation takes place or the application is denied or withdrawn, but in no event for more than two years, no tenant shall be unjustly evicted and no tenant’s rent shall be increased: 1) more frequently than once every six months; nor 2) in an amount greater than the annual increase in utility costs and insurance costs, plus increased operating costs not to exceed two percent per year. This limitation shall not apply if rent increases are expressly provided for in leases or contracts in existence prior to the filing date of the Conditional Use Permit.

6.4.4.L. Appliance Warranties

1. The applicant shall provide free of charge to the first individual purchaser of each unit a oneyear warranty on each fixed appliance contained in the unit, whether new or used.

6.4.4.M. Utilities

1. Gas. Each condominium unit shall have a separate gas service where gas is a necessary utility. If this provision places unreasonable economic burden on the applicant, the appropriate authority may approve an alternative.

2. Electricity. Each condominium unit shall have a separate electrical service, with separate meters and disconnects, and ground fault interrupters where ground fault interrupters are required by present building codes.

3. Telephone Company Access. The Telephone Company serving the location under conversion shall have the right to construct and maintain (place, operate, inspect, repair, replace and remove) communication facilities as it may from time-to-time require (including access) in or upon any portion of the common area, including the interior and exterior of the buildings as necessary to maintain communication service within the project. This provision may not be amended or terminated without the consent of the serving Telephone Company.

6.4.4.N. Findings Required for Approval

[AMENDED 12-01-2017]

The Planning Commission shall not approve a Conditional Use Permit for a condominium conversion, unless it finds:

1. That the proposed conversion is consistent with the General Plan and applicable community and specific plans in effect at the time of the Conditional Use Permit application, especially with the objectives, policies, and programs of the Housing Element of the General Plan designed to provide affordable housing to all economic segments of the population.

2. That the average rental vacancy rate in multiple family units of similar size in the community plan areas and adjacent community plan areas affected by the proposed conversion during the 12 months preceding the filing of the application is greater than five percent; provided, that a Conditional Use Permit may be approved where the vacancy rate is equal to or less than five percent if the applicant has proposed measures which the Commission finds would effectively mitigate the displacement of tenants and any adverse effects upon the housing stock in the affected community plan areas which would be caused by the proposed conversion. In evaluating the average rental vacancy rate in the affected community plan areas and in the building proposed for conversion, the Planning Commission shall consider the rental history of the building, including the number of evictions and increases in rent over the preceding three years. In addition, the following sources of vacancy rates statistics may be used: 1) Department of Finance (State of California), 2) Postal Service, and 3) HUD vacancy rates. Notwithstanding any other provision of this Section, the Planning Commission may deny a Conditional Use Permit if it finds that vacancies in the building have been created by unjust evictions and unreasonable rent increases in order to qualify a project for conversion under this Section.

3. That the applicant unconditionally offered to each eligible tenant an adequate plan for relocation to comparable housing. In determining whether the housing to which the applicant proposes relocation is “comparable” the Planning Commission must find that the housing is decent, safe, and sanitary, and in compliance with all local and state housing codes; and, that the housing is open to all persons regardless of race, creed, national origin, ancestry, religion, marital status, or gender. In addition, the Planning Commission shall consider the following factors in determining whether the relocation housing is comparable:

   • a. Whether the housing is provided with facilities equivalent to that provided by the landlord in the dwelling unit in which the tenant then resides in regard to each of the following: a) apartment size including number of rooms; b) rent range; c) major kitchen and bathroom facilities; d) special facilities for people with mental or physical disabilities or senior citizens; e) willingness to accept families with children;

   • b. Whether the housing is located in an area not less desirable than the area in which the tenant then resides in regard to a) accessibility to the tenant's place of employment; b) accessibility to community and commercial facilities; c) accessibility to schools; and d) accessibility to public transportation. A unit is not comparable if it is located in a building for which a notice of intent to convert has been given, except where the rental units of the building will not be offered for sale as condominium units within two years.

6.4.4.O. Lapse of Conditional Use Permit for Condominium Conversions

[AMENDED 12-01-2017]

Pursuant to this Code, an approved Conditional Use Permit, if not used for the purpose for which it was granted, shall lapse three years following the date on which the permit became effective. However, since the regulations related to condominium conversions are unique in that measures come into place with the filing of the application for the Conditional Use Permit in terms of the financial obligations related to eligible tenants and rental limitations, a Conditional Use Permit shall be deemed to be still in effect if, within three years from the date of approval, one of the following occurs:

1. A final subdivision map is recorded for all or a portion of the property involved in the Conditional Use Permit, or

2. Pursuant to the approved Relocation Assistance Plan, written evidence has been filed with Planning and Environmental Review that more than 10 percent of eligible tenants have been relocated.

Notwithstanding the provisions in this Section, a Conditional Use Permit that would otherwise expire pursuant to this Code may be subject to an automatic extension as described in Section 6.4.1.I.

6.4.4.P. Right to Terminate Conversion

Within three years of the approval of a Conditional Use Permit for a condominium conversion or pursuant to Section 6.4.4.O, after the Conditional Use Permit is in effect, the applicant may elect not to pursue the completion of all or part of the approved conversion. Upon the acceptance of a notice of termination by the approving authority, along with evidence that all remaining eligible tenants have been notified in writing, the Conditional Use Permit shall be deemed lapsed and void. Acceptance of the notice of termination shall be an administrative authority of the Planning Director. Such acceptance shall be by a written notice of acceptance which may be withheld to such time as the Director is assured that any required tenant obligations incurred during the preconversion process have been satisfied.

Code

6.4.5.A. Findings for Uses Not Listed

It is recognized that from time-to-time persons in possession of property desire to use property for purposes which are not specifically provided for in this Code. In order to carry out the intent of this ordinance and to promote the general welfare of the community, the Board of Supervisors authorizes the Planning Director to determine the appropriate requirements for uses which are not provided for in this Code, subject to the following:

1. Determination by the Planning Director that the use is substantially similar in characteristics, intensity, and compatibility to a use or uses within the zoning classification applicable to the property.

2. Determination by the Planning Director that the use would be appropriate in the zoning classification applicable to the property as a permitted or conditional use. Each such use shall conform to all the regulations and conditions of approval applicable to similar described use specified in the provisions of the applicable zoning district as well as the standards and provisions applicable to the similar described use in Chapter Three of this Code.

3. If the Planning Director determines that the use would be appropriate in the zoning classification applicable to the property as a conditional use, a Conditional Use Permit shall be heard by the appropriate hearing body for the similar use.

4. The use shall then be processed in a similar manner, as determined by the Planning Director, until this Code can be amended to add the use to the tables.

[AMENDED 09-09-2022]

6.4.6.A. General

A Special Development Permit may be granted by the appropriate authority to provide greater flexibility from and alternatives to development standards, minimum lot area and lot width, and minimum public street frontage in any zoning district, when necessary to carry out the purposes of this Section. In addition, a Special Development Permit may also be granted to provide greater flexibility from and alternatives to the road improvement standards of this Code to permit a singlefamily dwelling or mobile home and accessory buildings to be erected and used in the specified zoning districts.

6.4.6.B. Purpose

The purpose of a Special Development Permit is to encourage a creative and more efficient approach to the use of the land; to maximize the choice in the type of environment available to the people in the unincorporated area of Sacramento County; to encourage more efficient allocation and maintenance of privately controlled common open space through the redistribution of overall density where such arrangement is desirable and feasible; to provide economy in housing opportunities; and to provide a means of greater creativity and flexibility in design than is provided under the strict application of the zoning district development standards while at the same time providing adequate protection of the environment and of the health, safety, and comfort of the residents of the development and the County.

6.4.6.C. Application Procedures

Detailed procedures for the application, review, and approval of Special Development Permits, including public hearing and noticing requirements are outlined in the User Guide.

6.4.6.D. Decision Authority and Approval Criteria

[AMENDED 09-09-2022]

1. The appropriate authority may issue a Special Development Permit to allow deviations from any development standard in this Title. To grant a Special Development Permit, the appropriate authority shall find and record in writing that the establishment, maintenance, or operation of the use, building, or structure applied for will not under the circumstances of the project be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County. Approval authority for review and decisions on Special Development Permits is as summarized in Sections 6.4.6.D.1.a through 6.4.6.D.1.e.

   • a. Minor. The Planning Director and his/her designee shall be the appropriate authority to hear and decide applications for a Special Development Permit for requests enumerated in subsections 6.4.6.D.a.i. through ii., except as otherwise specified in this Code. Minor Special Development Permits (SPMs) do not require a public hearing or review by CPACs. An SPM for a Multifamily Residential project shall be processed concurrently with any other entitlement required for the project.

ty to hear and decide applications for a Special Development Permit for requests enumerated in subsections 6.4.6.D.a.i. through ii., except as otherwise specified in this Code. Minor Special Development Permits (SPMs) do not require a public hearing or review by CPACs. An SPM for a Multifamily Residential project shall be processed concurrently with any other entitlement required for the project.

  - i. Up to two deviations from Multifamily Residential development and design standards except as specified below, subject to the findings listed in subsection 6.4.6.H.6. A deviation shall be a request to reduce or modify one development or design standard, such as but not limited to: one property line setback, landscaping planter width, building orientation, open space requirement, architectural elements, increase in height, etc. 

     1. Deviations requested under an SPM may not exceed 25% of the required standard, except as provided in subsection 2 below. [For example, the maximum deviation from the front yard requirement of 20 feet would be five feet (15-foot front yard).] Any fractions shall be rounded down to the closest whole number. 

2. Setbacks and height allowances for projects adjacent to or within Low Density Residential zones (AG, AR, and RD-1 through RD-10) may be modified in compliance with Table 6.3.

3. If a project of five or more new units includes Housing for Special Needs Groups, one additional deviation may be considered under an SPM as well as density increases as defined in Section 6.4.6.G.

4. Reductions in multifamily residential parking space requirements are covered by Section 5.9.5.C. Requests to further reduce required multifamily residential parking spaces are not permitted under an SPM and must be reviewed at the Zoning Administrator level.

• ii. All deviations from Accessory Dwelling Unit (ADU) development standards that do not exceed 25% of the required standard. [For example, the maximum deviation from the front yard requirement of 20 feet would be five feet (15-foot front yard).] Any fractions shall be rounded down to the closest whole number. Exception: a second story or two-story ADU may be considered under an SPM.

Table 6.3 Minimum Setbacks and Maximum Height With an SPM for Attached Multifamily Adjacent to or within LDR Zoning District [1]

*No encroachments of stoops, porches, balconies, enclosed patios, or similar attached structures may project beyond this reduced setback except as follows: eave overhangs of up to two feet, flatwork and decks less than 12 inches in height (from natural grade) and patio knee walls less than four feet in height used to delineate personal space so long as minimum landscape buffers are maintained.

[1] Under the provisions in this table, no more than two deviations may be requested under an SPM unless providing Housing for Special Needs Groups where one additional deviation may be approved under an SPM. For example, deviation to both interior side property lines and rear property line (or Front or Side Street Yard) would be considered two deviations.

• [2] Must be located outside of any recorded easements and at least 10 feet from ultimate County Right-of-Way.

• [3] Multistory buildings may be stepped-back to achieve minimum setback requirement for upper stories (see Figure 5-11).

• b. Zoning Administrator. The Zoning Administrator shall be the appropriate authority to hear and decide applications for a Special Development Permit, except as otherwise specified in this Code.

• c. Planning Commission. The Planning Commission shall be the appropriate authority to hear and decide all applications for a Special Development Permit for the requests enumerated in subsection 6.4.6.c.i. through iv., except as otherwise specified in this Code.

  - i. Tentative subdivision maps, pursuant to the provisions of Title 22 of the SCC. 
  
  - ii. Deviations from height standards for commercial and industrial buildings. 
  
  - iii. Deviations from the 100-foot setback for multistory commercial and industrial buildings adjacent to single-family residential. 
  
  - iv. Density bonuses unless permitted per Sections 6.4.6.G and/or 6.5.4.
  

d. [DELETED 09-18-2020]

• e. Board of Supervisors. The Board of Supervisors shall be the appropriate authority to hear and decide an application for a Special Development Permit for the requests enumerated in subsection 6.4.6.D.1.e.i., except as otherwise specified in this Code.

  • i. After a recommendation by the Planning Commission, when an application is located within the area regulated by any Airport Comprehensive Land Use Plan

(CLUP) and does not comply strictly with policies of the CLUP, upon making the findings by a 4/5 vote.

6.4.6.E. Effect of Permit

Upon the issuance of the Special Development Permit, the property may be developed either pursuant to the development standards set forth in Chapter Three of this Code or in the alternative, pursuant to the development standards set forth in the Special Development Permit and the requirements set forth in this Section; provided, however, that upon the issuance of any building permit for the construction of buildings, or the commencement of construction of streets, utilities, and other facilities, pursuant to the development standards set forth in the Special Development Permit, the standards set forth in the Special Development Permit shall regulate the property, and the Special Development Permit shall remain in full force and effect until revoked pursuant to the provisions of this Code. A condition of Rezone may require that property be developed only if in compliance with an approved Special Development Permit.

6.4.6.F. Clustering to Provide Open Space Resource Protection

In those cases where environmentally sensitive or significant physical features exist on the proposed site that are worthy of preservation (e.g., woodlands, wetlands, steep slopes or urban stream corridors), or where an open space buffer would help protect intensive farming or ranching activities, the Planning Commission may permit residential lots to be clustered and minimum lot area and lot width requirements to be reduced in order to provide appropriate open space resource protection. Development rights for areas designated for open space protection shall be permanently dedicated via conservation easements and appropriate long-term management provided for by either a public agency or other appropriate entity.

6.4.6.G. Density Bonuses and Intensity Increases

[AMENDED 09-09-2022]

Development shall not exceed a land use density, which conforms to the requirements of the zoning district in which the project is located, except that the hearing authority may permit increased densities over the maximum permitted by the zoning district, as listed in subsections 6.4.6.G.1through 3.

1. Housing Incentives for Special Needs Groups. Density increases of up to 15 percent of permitted density may be approved through a Minor Special Development Permit pursuant to Section 6.4.6.D, for projects that meet the following requirements.

   • a. The project is a multifamily or mixed-use development with five or more new units located in a high density residential, mixed-use or commercial zoning district.

   • b. At least 10 percent of the total units, but no less than one unit, shall provide housing for Special Needs Groups as defined in Chapter Seven that meets one of the following criteria:

     • i. Includes large units with three or more bedrooms;

     • ii. Includes universal access/design units; or,

     • iii. A combination of large units and universal access/design units.

   • c. Housing for Special Needs Groups density bonuses may be combined with deviations to multifamily development and design standards provided in Section 6.4.6.D.1.a.

2. Density Increase for Preservation of Environmentally Sensitive or Significant Physical Features. Density increase up to 50 percent of permitted density if the Planning Commission finds:

   • a. That certain environmentally sensitive or significant physical features exist on the proposed site worthy of preservation; and in order to preserve and protect these features, careful planning in the design of the development and in measures of treating the land is necessary.

   • b. The aforementioned features are not otherwise required to be preserved through the normal land use entitlement and CEQA evaluation process.

   • c. Preservation of the aforementioned features cannot be reasonably accomplished through development clustering.

   • d. A Rezone to enable development under the desired density is not feasible under the circumstances.

   • e. That the design of the project, including the proposed grading, construction techniques and practices will preserve the aforementioned features.

   • f. Development rights for areas designated for open space protection will be permanently dedicated via conservation easements and appropriate long-term management provided for by either a public agency or other appropriate entity.

3. Density Increase for Energy Conservation Design. Density increases up to 25 percent of permitted density if the Planning Commission finds:

• a. That the project will result in energy savings beyond those obtained with conventional design and construction techniques; or

• b. The project provides on-site small wind turbine-generated energy, consistent with Section 3.6.6.D, “Wind Turbine Facilities;” and

• c. That the amount of the increase density is proportionate to the amount of increased energy conservation achieved which exceeds adopted regulations.

4. [DELETED 09-09-2022]

5. In addition to subsections 6.4.6.G.1, 2 or 3, the appropriate authority must find that the project will not constitute a nuisance or hazard to the community; or establish a use or development inconsistent with the goals, objectives, and policies of the General Plan; and will not result in significant damage to environmentally sensitive or significant physical features that may exist on the site.

6.4.6.H. Types of Findings

[AMENDED 12-01-2016][AMENDED 05-11-2018][AMENDED 12-20-2019][AMENDED 09-09-2022]

1. General Findings for All Special Development Permits. The appropriate authority shall not issue the Special Development Permit, unless it makes the following general findings:

   • a. That the proposed development will carry out the intent of the General Plan and any applicable community plan;

   • b. That the proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries;

   • c. That the proposed development is compatible with existing and proposed land uses in the surrounding area;

• d. The proposed development is justified by the project design or by the substantial energy savings proposed pursuant to this Section. In the case of a residential area, the rearrangement of dwellings and the mixing of dwelling types shall be justified by larger and more usable open spaces;

  • e. That there is adequate assurance that all necessary infrastructure will be installed at the scheduled times;

  • f. That the existing or proposed utility services are adequate for the uses and population densities proposed; and

  • g. That the proposed development will not be materially detrimental to the environment or to the health, safety, or general welfare of the residents of the development and the County.

2. Reduction in the Minimum Lot Area or Width Standards. The appropriate authority shall not issue a Special Development Permit to provide greater flexibility from and alternatives to the minimum lot area or minimum lot width requirements of this Code for residential, agricultural and agricultural-residential zoning districts, unless it makes the general findings of Section 6.4.6.H.1., as well as one or more of the following findings:

   • a. Dedication for public streets or other facilities is required that is in excess of dedication normally required, pursuant to the adopted County Transportation Plan or otherwise required by a public agency.

   • b. The location of natural features or existing site improvements will cause odd or irregular lot shapes if strict adherence to lot area and/or width standards is required. This finding only applies if the total number of resulting lots does not exceed the number allowed by zoning.

   • c. An existing nonresidential use, or a nonresidential use proposed concurrently with another entitlement, does not require the minimum parcel size required by the zoning district. Such nonresidential uses may include institutional uses such as day care centers, places of worship, private schools, hospitals, fraternal lodges, and public buildings. Conveyance of residential development rights may be required as a condition of the lot size reduction.

d. [DELETED]

• e. Two-thirds or more of the legally created lots existing within 500 feet of the proposed parcel map are of similar size or shape in the same zoning district.

• f. The project consists of a remainder lot created prior to May 1983 as a result of a gift deed conveyance to a nonprofit charitable organization or to a college or university-level education facility.

• g. The project is located within a Neighborhood Preservation Area (NPA) and maintenance of the existing zoning is an integral part of the NPA. The proposed lot exception would be consistent with the intent of the NPA, policies of the Community Plan and General Plan, and compatible with the existing lotting pattern in the immediate vicinity.

• h. The lot area reduction does not exceed 10 percent of the zone minimum lot area requirement and resulting lot(s) is/are deemed compatible with the surrounding area.

• i. A parcel map may be approved with lot sizes as small as 5 acres if the site is zoned for agricultural or agricultural residential use but only if the site is located within an approved Specific or Master Plan which has adopted an urban residential or commercial land use designation at the community plan level for the site and the lots can be found to promote the orderly development of the approved specific or master plan.

3. Reduction in the Minimum Public Street Frontage Standards. In addition to the general findings in Section 6.4.6.H.1, the appropriate authority shall not issue a Special Development Permit to provide greater flexibility from and alternatives to the minimum public street frontage requirements or the road improvement standards of this Code to permit the construction and use of a single-family dwelling, mobile home, or accessory building, unless it makes all of the following findings:

   • a. Adequate provisions are made for the prevention of dust or other nuisances or hazards to surrounding properties resulting from the use of public streets and drives.

   • b. Adequate provision can be made for future street right-of-way and improvements.

   • c. Adequate provisions are made for emergency and service provider vehicles.

4. [DELETED 01-15-2021]

5. Deviation from Development Standards for Wireless Communication Facilities (WCFs). In addition to the general findings in Section 6.4.6.H.1, the appropriate authority shall not issue a Special Development Permit to deviate from the development standards of Section 3.6.7.A.4, unless it makes one or more of the following findings:

   • a. The WCF will be located adjacent to a nonresidential use.

   • b. The size, shape, topography, or existing development of the site would restrict the installation of a WCF in compliance with the standards of Section 3.6.7.A.4.

   • c. The use of screening, stealth design, additional setbacks, or architectural features will minimize nuisance impacts from the proposed WCF.

6. Deviations from Multifamily Development and Design Standards. In addition to the general findings in Section 6.4.6.H.1., the appropriate authority shall not issue a Special Development Permit to deviate from multifamily development and design standards in the service of better overall design, unless it makes one or more of the findings listed in a. through c. below and all applicable findings related to the type of deviation requested (sections d. through i.):

• a. Specified site constraints (for example, mature trees, irregular lot size, or adjacent uses) result in special circumstances necessitating deviations from the prescribed development or design standards for optimal property usage including density thresholds for the zone district;

• b. The requested deviation allows for increased circulation and access to and within the site;

• c. The project provides housing for Special Needs Groups and meets one of the following criteria:

  • i. Includes large (3 bedrooms or more) units as at least 10% of total units, but not less than one unit;

• ii. Includes universal access/design units as at least 10% of total units, but not less than one unit; or,

  • iii. Has a combination of large units and universal/access design units that comprise at least 10% of total units, but not less than one unit.

• d. For rear and interior side yard deviations:

  • i. Interior and rear yards are fully landscaped, with fast-growing trees, planted with the intent to provide privacy to surrounding parcels consistent with Section 5.2.4 and the enhanced landscape screening requirements of the Countywide Design Guidelines; and/or,

  • ii. All second and higher story windows utilize objective standards and guidelines listed in the Countywide Design Guidelines with the intent for increased privacy.

• e. For front and side street setbacks: the requested deviation provides alternative frontage or massing, pursuant to the Countywide Design Guidelines;

• f. For residential projects with 10 units or more: the requested deviation provides additional site amenities, as defined in Section 5.4.3.C Table 5.8.B., Footnote 2;

• g. For landscaping planters: the requested deviation allows for pedestrian access and site accessibility;

• h. For trash enclosure location: the requested deviation does not reduce the required separation from residential uses; or

• i. For deviations to the objective standards in Chapter Three of the Countywide Design Guidelines, the Planning Director or Design Review Administrator has determined that the overall intent of the Design Principle will be maintained.

6.4.6.I. Other Conditions and Findings

[AMENDED 09-09-2022]

1. Lot Reductions for Parcel Maps with Agricultural Deed Restrictions. The appropriate authority may grant a Special Development Permit to provide greater flexibility from and alternatives to the minimum lot area or minimum lot width requirements of this Code for any agricultural or agricultural-residential zoning district for the purpose of providing greater options for finance and residential construction in conjunction with farming or ranching operations in agricultural zoning districts. The appropriate authority shall require the following conditions in the approval of any lot reduction in an agricultural zoning district:

   • a. That the applicant submits a parcel map showing the lots approved by the appropriate authority. The appropriate authority shall specify the minimum area and width of the proposed lot, provided that the lot shall not have an area of less than two acres, nor a width of less than 150 feet.

   • b. That the owner or owners of the property convey to the County the right to develop or construct additional principal residences on a sufficient portion of the remainder of the property to guarantee that the reduction in the lot area will not result in an increase in the density of residential uses than otherwise permitted in the zoning district in which the property is located. Such conveyance may be terminated upon the rezoning of the property or upon the merger of the parcels into lots of sufficient area and width to comply with the lot requirements of the zoning district.

ty to guarantee that the reduction in the lot area will not result in an increase in the density of residential uses than otherwise permitted in the zoning district in which the property is located. Such conveyance may be terminated upon the rezoning of the property or upon the merger of the parcels into lots of sufficient area and width to comply with the lot requirements of the zoning district.

• c. That the lot for which the lot reduction permit is requested will be used only for residential purposes.

2. Regulation of Common Open Space. The appropriate authority may, by provisions of the Special Development Permit, regulate the amount, use, and location of open space on the proposed site. The appropriate authority may require the dedication of development rights or scenic easements to assure that open space will be maintained or may require that instruments of conveyance or covenants or deed restrictions provide adequate means to assure the commonly owned open space is maintained in a condition consistent with the approved development plan.

6.4.6.J. Issuance of Permit

The Special Development Permit, when approved by the appropriate authority, shall incorporate the approved plans and detailed regulations setting forth the requirements for development of the site. The permit may, in addition, specify the authority to review and approve details of the development plan, provided that standards for such review are set forth in the permit. The appropriate authority

may also designate conditions of approval for a Special Development Permit to satisfy the requirements of this Section. Such conditions may include, but are not limited to, right-of-way dedication and regulations on building height, landscaping and fencing, and shall be related to the nature of the Special Development Permit.