Commercial Real Estate in Fair Oaks: The Village SPA, County Zones and Design Review

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

Fair Oaks has two kinds of commercial property. The historic Village, near the American River, is a small walkable district of shops, restaurants and offices with its own special planning area. The rest is suburban: shopping centers, offices and service buildings along the arterials that cross the community. Fair Oaks is unincorporated, so all of it is zoned by Sacramento County. Confirm the zone and any SPA for a parcel with County Planning before relying on this page.

Who controls the parcel

Sacramento County is the land use authority, using its Zoning Code and the special planning areas adopted under it. The Fair Oaks Community Plan, adopted January 8, 1975, defines the planning area as bounded by the American River on the south, San Juan Avenue on the west, Madison Avenue on the north and Blue Ravine on the east, and described it as mostly suburban and semi-rural residential. The County now lists that plan as an archived document, so current zoning and SPAs, not the plan text, decide parcel rules.

The two Fair Oaks-specific documents that matter most are the Fair Oaks Village SPA and the Fair Oaks Village NPA, both in the County’s Land Use Regulation Library. Despite its name, the County’s Fair Oaks Boulevard Main Street SPA covers Carmichael’s stretch of the boulevard, not the Village. Fair Oaks borders Carmichael, Citrus Heights, Orangevale and Folsom, so check which jurisdiction a parcel near the edges falls in.

Fair Oaks zoning for commercial, industrial and mixed use

District Intended uses Notes
Fair Oaks Village SPA: Commercial District Village shops, restaurants, cafes, offices, banks, a hotel 133 listed permitted uses; 89 by CUP. Housing with commercial allowed
Village SPA: General Commercial underlying zone County GC uses on mapped Village parcels Section 502-12.5
Village SPA: Medium and Low Density Residential Homes, duplexes, care homes 20 and 7 units per acre
BP Business Professional Office (County) Offices Zoning Code Section 2.9
LC Light Commercial and GC General Commercial (County) Neighborhood and general retail Zoning Code Section 2.9
NMC, CMC and CMZ Mixed-Use (County) Mixed-use centers and corridors CMZ requires housing
Combining districts PC, F, NS (County) American River Parkway, flood and stream overlays Common near the river and creeks

The Fair Oaks Village SPA

The Village SPA was adopted February 21, 1979, replacing a 1976 County planned development ordinance, and was amended December 11, 2012. Its stated purpose is to keep the Village a working commercial center while protecting its environmental and historic character.

Uses. The Commercial District permits a long list of uses outright, including retail stores, restaurants and cafes, coffee shops, bakeries, supermarkets, offices, banks, a hotel and a library. Another 89 uses need a conditional use permit from the Project Planning Commission, among them auto service stations, auto sales, hospitals and wineries with tasting rooms. Residential use combined with commercial buildings is on the permitted list, along with apartments and caretaker units.

Height and setbacks. The SPA sets no numeric height limit. Instead, design review weighs height, bulk, mass and proportion, and setbacks are decided case by case based on neighboring buildings. That gives flexibility, but it also means approval depends on design.

Design review. Development plan review is required for changes of use, new buildings and any reconstruction exceeding 50% of a structure’s value; the Planning Director handles these, while the Design Review Administrator reviews additions. Review looks at architectural style, massing, colors and materials, and fit with adjacent buildings.

Grading and trees. Grading is kept to a minimum, a detailed grading plan needs Commission and Public Works approval, and trees may not be removed before approval. On steep hillside lots, buildings are expected to use the slope, for example with tiered or cantilevered construction.

Parking. The SPA does not set numeric ratios. Parking is resolved through development plan review, off-site arrangements are allowed, and owners are encouraged to form parking associations. Perimeter and interior landscaping is required to break up paving.

Signs. A business with 40 feet or less of frontage may have up to 20 square feet of sign area, plus 2.5 square feet for each additional 10 feet, capped at 40 square feet. Freestanding signs are generally prohibited, and flashing or animated lighting is not allowed, barber poles excepted.

Village neighborhoods and the rest of Fair Oaks

Around the commercial core, the Fair Oaks Village NPA, adopted October 11, 2006, protects the semi-rural RD-5 neighborhood. New lots must be at least one-fifth acre (8,712 square feet), homes are capped at 36 feet, and lot coverage ranges from 25% to 40% depending on lot size and stories. Existing streets are to stay without curbs, gutters, sidewalks or streetlights where possible, and variance requests go to the Fair Oaks Community Council. A buyer planning to expand a Village business into an adjacent house should expect these limits.

Outside the Village, commercial parcels carry ordinary County districts. The County’s corridor and center mixed-use districts can apply to older strips, and the PC Parkway Corridor district adds limits near the American River Parkway. Check whether any SPA or planned development ordinance covers a parcel before relying on base-zone rules.

Transfer tax, business tax and property tax

Fair Oaks pays only the County documentary transfer tax of $0.55 per $500, less assumed loans; the County Clerk-Recorder applies an added city tax only inside the City of Sacramento. Businesses here need a County General Business License, per the Department of Finance business license FAQ. Lodging pays the County’s 12% transient occupancy tax and tourism district assessments. A sale generally triggers Proposition 13 reassessment.

Due diligence that matters in Fair Oaks

Start with our commercial due diligence checklist, then add:

  • Confirm unincorporated status and whether the parcel is inside the Village SPA, the NPA or another SPA.
  • In the Village, check whether a new tenant counts as a change of use that triggers development plan review.
  • For a winery tasting room, auto use or hospital-type use, budget for a CUP.
  • Budget design time; height and setbacks are decided through review, not by formula.
  • On hillside or wooded lots, confirm grading and tree rules before planning an addition.
  • Check PC, F and NS combining districts near the river and creeks.

Questions people ask

Who zones Fair Oaks?

Sacramento County. Fair Oaks is unincorporated.

Is there a height limit in Fair Oaks Village?

The SPA sets no number; height and mass are decided in design review.

Can I open a wine tasting room in the Village?

Wineries with tasting rooms are on the SPA’s conditional list, so a CUP is required.

Do I need approval to change tenants in a Village building?

A change of use triggers development plan review under the SPA.

How much sign area does a Village business get?

Up to 20 square feet for 40 feet or less of frontage, rising to a 40-square-foot cap. Freestanding signs are generally prohibited.

Can a Village building include apartments?

Yes. The Commercial District permits residential uses combined with commercial buildings.

Does Diamond handle commercial property in Fair Oaks?

Contact Matthew Martinez to discuss buying, selling or leasing commercial property in Fair Oaks.

Sources & notes

  1. Sacramento County, Fair Oaks Village SPA
  2. Sacramento County, Fair Oaks Village NPA
  3. Sacramento County, Fair Oaks Community Plan (archived)
  4. Sacramento County Zoning Code, Chapter 2
  5. County Clerk-Recorder, documentary transfer tax
  6. County Department of Finance, business license FAQ

Note: The Village SPA’s boundary maps are images we could not read; confirm whether a parcel is inside it. We did not review other SPAs or planned developments that may touch Fair Oaks parcels.

This page is general information, not legal or tax advice. Last reviewed October 2026 by Matthew Martinez.

Related: Fair Oaks real estate guide · Multifamily property in Fair Oaks · Commercial real estate services

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