HomeMy WebLinkAboutOrdinance 376 - amending ADU codeOrdinance No. 376
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SARATOGA AMENDING ARTICLE 15-56 OF THE CITY CODE
(ACCESSORY DWELLING UNITS)
The City Council of the City of Saratoga finds that:
Findings:
1. The State Legislature passed a suite of bills (AB 68, AB 587, AB 671, AB 881,
SB 13) amending Government Code Sections 65852.2 and 65852.22 which.
became effective on January 1, 2020. The bills have the intent of promoting
Accessory Dwelling Units as a partial solution to the State's housing crisis.
2. This ordinance amends Saratoga Municipal Code Chapter 15- Zoning Regulations
to incorporate the modifications to State housing law. These amendments were
considered by the Planning Commission of the City of Saratoga at duly noticed
public hearings on July 8 and September 9, 2020. Following consideration of all
testimony and written materials, the Planning Commission on September 9, 2020
recommended that the City Council adopt the amendments to Chapter 15 set forth
herein.
3. The City Council of the City of Saratoga held a duly noticed public hearing on
October 7, 2020, and after considering all testimony and written materials
provided in connection with that hearing introduced this ordinance and waived the
reading thereof and adopted the ordinance on October 21, 2020.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Section 15-56 (Accessory Dwelling Unit Regulations) of the Saratoga City Code is
amended as set forth in Exhibit A.
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this
ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or
phrase of this ordinance is held invalid, the City Council declares that it would have
adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed ordinance is exempt from California Environmental Quality Act (CEQA)
pursuant to Section 21080.17 of the Public Resources Code and CEQA Guidelines
section 15282(h) which categorically exempts adoption of an ordinance by a City to
implement the provisions of Government Code Sections 65852.1 and 65852.2 governing
accessory dwelling units. Furthermore, the proposed ordinance is exempt pursuant to
CEQA Guidelines section 15061(b)(3). CEQA applies only to projects which have the
potential of causing a significant effect on the environment. Where it can be seen with
certainty that there is no reasonably possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. In this
circumstance, the ordinance will have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the
City of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the
regular meeting of the City Council of the City of Saratoga held on the 7th day of October
2020 and was adopted by the following vote on October 21, 2020.
AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council
Members Yan Zhao, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
i
Howard A. Miller, Mayor
T
DATE:
ebbie Bretschneider
CITY CLERK
APPROVED AS TO FORM:
�lDATE: Z 3 Z o Z
Richard Taylor
CITY ATTORNEY
Exhibit A — Updates to Article 15-56 (Accessory Dwelling Units)
The provisions of the Saratoga Municipal Code set forth below are amended or adopted
as follows:
Text added to existing provisions is shown in bold double -underlined text
(x m 1 and text to be deleted is shown in strikethrough (exftmle). Text in
italics is explanatory and is not an amendment to the Code except in cases where
it directs renumbering of subsections not otherwise amended.
Article 15-06 - DEFINITIONS
15-06.240 - Dwelling.
"Dwelling" means a permanent building, or a portion of a permanent building used as the
personal residence of the occupants thereof, excluding trailers, campers, recreational
vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures.
(a) Dwelling unit means a room or group of rooms including living, sleeping, eating,
cooking and sanitation facilities, constituting separate and independent housekeeping
units, occupied or intended for occupancy by one family on a permanent basis and having
not more than one kitchen.
(b) Single-family dwelling means a dwelling unit constituting the only main
structure upon a single building site.
(c) Multi -family dwelling means a structure or site containing more than one
dwelling unit, designed for occupancy by more than one family living independently of
each other, and doing their own cooking in the building. However, a single-family
dwelling and a lawful accessory dwelling unit located upon the same site shall not be
deemed a multi -family dwelling.
(d) Accessory dwelling unit means an attached or detached residential dwelling unit,
built or legalized pursuant to this Chapter, which provides complete independent living
facilities for one or more persons, including permanent provisions for living, cooking,
sleeping and sanitation and that meets all requirements set forth in Article 15 56 en
let within the f , R uiouia.. dwelling
situated. Aeeessefy dwelling units afe net to be sold separ-a4ely fr-em the main dwelling
btit ffla . be fenced. An accessory dwelling unit also includes the following:
(1) An accessory dwelling unit that is an efficiency unit, as defined in Health and
Safety Code Section 17958.1.
(2) An accessory dwelling unit that is a manufactured home, as defined in Health and
Safety Code Section 18007.
(e) Junior accessory dwelling unit is a unit that is no more than 500 square feet in
size, contained entirely within an existing or proposed single-family dwelling or
accessory structure, and that meets all requirements set forth in Article 15-56 siubseetaefll
15 . A junior accessory dwelling unit may include separate sanitation
facilities or may share sanitation facilities with the existing structure.
Article 15-56 - ACCESSORY DWELLING UNITS
15-56.010 - Purpose of Article.
The purpose of this Article is to authorize the establishment of accessory dwelling units
and junior accessory dwelling units in districts zoned to allow for single-family or multi-
f mile dwellings residential zoning distf: to comply with state law and to help achieve
the goals and policies of the Housing Element of the Saratoga General Plan. Controlled
construction of accessory dwelling units and junior accessory dwelling units will promote
a stable heterogeneous community with a balanced social and economic mix.
15-56.015 - Definitions.
The following definitions apply only to this Article:
(1) Accessory dwelling unit as defined in Article 15-06.
(2) Junior accessory dwelling unit as defined in Article 15-06.
(3) Living area means the interior habitable area of a dwelling unit including
basements and attics but does not include a garage or any accessory structure.
(4) Passageway means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
(5) Short-term rental means a dwelling unit which is used for transient
occupancy for periods of up to 30 consecut:iyvALqy& for which payment is required
(56) Tandem parking means two or more automobiles parked on a driveway or in any
other location on a lot, lined up behind one another.
15-56.020 - One -a of jtt i fy-dwelling unit�,ef let. -
Number of units allowed for ingle-family and multi -family dwellings.
0* one Single-family dwellings, One accessory dwelling unit er nod
one junior accessory dwelling shall be allowed on any one lot only if the lot is zene
single e family use a which contains an existing or concurrently approved single-family
dwelling unit. The aeeesse w� � 4 or jttie Ees e y dwelling -uni��
shall not eount tewafd density limitc-4iens of
be ee-•s_ u ..e.. fcsidRzpA=a=-use. Such units are an acces ory use to the main
dwelling unit and shall not count toward density limitations or be considered a new
residential use.
(b) Multi -family dwellings. Refer to Section 15-56 030 of this article
15-56.03025 - Development standards for accessory dwelling units and iunior
accessory dwelling units.
Except as otherwise provided in Section 15-56.050, each accessory dwelling unit shall
comply with all of the following development standards:
(a) Newly constructed accessory dwelling unit that adds floor area. Each
newly constructed accessory dwelling unit that adds floor area to a lot is required to
satisfy the following criteria:
(1) Lot size. The net site area of the lot upon whieh the aeeessery dwelling
_____ is _______d _______ not r
-�� be thanl-ss �i.� ---_- a�.��t of .aa� minimum JHi1N1 yl V
a..MLJVll tt{ ��
fer- the dist-fiet appheable to sueh let. Minimum standaMs for- lots leea4ed in the H
deter -mined l.Jel
(-2) Building Bodes requirements. The aeeess .; dwelling unlit shall `en�*
with apphe-able building,health and fire-Eedes. Each accessory dwelling unit shall
satisfy all applicable requirments of Chapter 16 (Building Regulation) with the
exception that accessory dwelling units shall not be required to provide fire
sprinklers unless fire sprinkler are required for the primarysingle-family dwelling
r multi -family dwelling structure, An accessory dwelling unit shall be connected to
public sewer system, Occupancy of an accessory dwelling unit concurrently
approved with a single-family dwelling unit shall not be allowed until the Building
Department approves occupancy of the primary dwelling.
(3)Q Zoning regulations. Unless otherwise provided in this Article, the
accessory dwelling unit shall comply with applicable zoning regulations (including, but
not limited to, required setbacks, floor area limits, site coverage, and height limits). For
lots that are at least 10,000 netsquare feet in ize. A a. one-time ten percent increase in
site coverage and allowable floor area may be granted by the Community Development
Director if the new accessory dwelling unit is deed restricted so that it may only be rented
to below market rate households.
(4)Qj Sale prohibited and rental. The unit shall not intended for- '�er-
"lu o tely r~"m the ., dwelling. n accessory dwelling unit may be rented
Jv , Jv�uluwly 1l vlll
separately from the primarysingle-family dwelling or multi -family dwelling but
may not be sold or otherwi a conveyed separately from the primary dwelling on the
lot, An accessory dwelling unit or junior accessory dwelling unit shall not be used
as a short-term rental.
(5)L4 Location and configuration. The accessory dwelling unit must be either
(i) attached to the an existing or concurrently approved accessory structure or main
dwelling (including being located within the living area of the existing or concurrently
approved main dwelling) or (ii) detached from the existing or concurrently approved
main dwelling and located on the same lot as the existing main dwelling or (iii) on a lot
with a multi -family dwelling per Section 1 -56 030.
(6)( Floor area.
a. Except as provided in subsection (b) below. The the maximum floor area
limit for an accessory dwelling unit shall be as follows:
i. an attached accessory dwelling unit shall not exceed 50 percent of the
existing or concurrently approved living area of a single-family dwelling, with a
maximum size of 1,200 square feet, not including the garage.
iiii. a detached accessory dwelling unit, not located within a side or rear
setback area shall ne! exeeeR have a maximum size of 1,200 square feet of living area,
not including the garage.
iii. a detached accessory dwelling unit located partially or entirely within
side or rear setback area shall have a maximum size of 850square feet of floor
area if the unit has one bedroom or 1,000 square feet of floor area if the unit ha two
bedrooms.
b. Both the accessory dwelling unit and the primary dwelling unit shall
count toward the total maximum allowable floor area et by applicable zoning
regulations, However floor area and site coverage requirements hall not be applied
o prohibit the construction of an accessory dwelling unit that does not exceed 800
square feet gross floor area and which otherwise complies with all other applicable
development standards,
b , If an accessory dwelling unit has a basement or an attic, that area is
included as part of the total maximum floor area allowed.
V. LVLll L11V UVVVJJVl,'
dwelling unit and the main dwelling unit shall eoun
t,.w «.l the total floor- area 1;.,.,;t sot by ., „lie b.le regulations.
LV ry uiu uiv LV Lui iiVV o
(6) Height of Accessory DWelhng Unit .
a. No detached accessory dwelling unit located partially or entirely
within a side or rear setback area shall exceed sixteen (16) feet in height
b. No detached or attached acce sore dwelling units located outside
setback areas shall exceed twenty-six (26) feet in height
C. Accessory dwelling units both detached and attached, in excess of
eighteen (18) feet in height shall comply with the applicable 'design review
regulations set forth in Article 15-45 of this Chapter.
(7) Setbacks. Attached accessory dwelling units shall comply with the
setbacks required for the primary dwelling unit, Detached accessory dwelling unit
shall have rear and side setbacks of no less than four feet However, setbacks of less
than four feet are allowed if the accessory dwelling unit is constructed in the ame
location and to the same dimensions as an existing structure that is demoli hed for
e purpose of constructing the accessory dwelling unit.
(7)$(M Construction above garage. Notwithstanding other setback requirements
in the City Code, a setback as lew Ets no less than five feet from the side and rear lot lines
shall be allowed for an accessory dwelling unit that is constructed above a garage that is
non -conforming as to setbacks.
(8) 2) Parking. Parking requirements for an accessory dwelling unit shall be as
follows:
a. Unless otherwise provided in this section, one off-street eover-ed parking
space within ^ gaff e shall be provided for the accessory dwelling unit in addition to the
off-street covered parking spaces required for the main dwelling. The garage r-equ "^marmay be waived if the aeeessavy, dwelling unit is deed r-estr-ieted so that it may only - -,
fented to below market fate households. if the gaf lent is waived, an open off-
b. No parking space shall be required for an accessory dwelling unit in any
of the following instances:
i. The accessory dwelling unit is located within one-half mile of aMajer
transit step public transit as defined in Government Code § 65852.2 California D,•i.':^
plan;
ii. The accessory dwelling unit is located within a designated architecturally
and historically significant historic district;
iii. The accessory dwelling unit is part of the proposed or existing nrimary
residence or accessory
structure intended for- human habitation;
iv. When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit;
V. When there is a car share vehicle, i ^ leeation determined by the
located within one block of the accessory dwelling unit; or
vi. The unit is permitted as a junior accessory dwelling unit.
C. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit, any lost off-street
parking spaces required for the main dwelling are not required to be rgplag-td ffiest be
r-eplaeed with off street eever-ed par -king. However-, the eenstr-tietion of additional paFking
MUM Access. The accessory dwelling unit shall be served by the same driveway
access to the street as the existing or concurrently approved main dwelling.
{"L Entrances. If the accessory dwelling unit is
attached to the main dwelling both the accessory dwelling unit and the main dwelling
must may be served by either a common entrance; however of a separate gxAgrdur
entrance to the accessory dwelling unit must be located on the side or at the rear of the
main dwelling. No interior access shall be allowed between an accessory building and
an accessory dwelling unit if both structures are connected by a common wall, wit
the exception that an attached Lzarage may have interior access to an accessory
dwelling unit.
(11) Fire sprinklers. An aeeessefy dwelling unit may be fequifed to provide
{ire-spfiftklefs, of but ly if they e .eyui a t th a 11'
,7 "
(12) Passageway. No passageway shall be required in conjunction with the
construction of an accessory dwelling unit.
(43) Owner oceupatien. The -lot —eent the aeeessefy dwelling-shan
pied by the ownef of the let, as evideneed by a valid Hefneewaer-s' Wepefty
Tax Exemption. The aeeesset=y dwelling must be vaeated within elie yefff aftef the
(1411) Limitation on number of bedrooms. An accessory dwelling unit may not
have more than two bedrooms.
(1 514) Appearance. All new construction to create an accessory dwelling unit
must match the existing or concurrently approved main structure in color, materials and
architectural design.
(16) Sewage disposal. An aeeessery dwelling shallbe eepineeted to
Nµb.l;� o 0 sto
��
(b) Accessory dwelling unit constructed within existing floor area.
(1) Conversion of existing floor area. Each application for a building permit
to convert existing floes-a>:ea interior space of an existing single-family dwelling or
sh
accessory structure to an accessory dwelling unit all comply with the following
standards:
a. The accessory dwelling unit must:
1. Be located within an areaa districzoned to allow for single-family ttse
r multi -family dwelling ;
2. Be contained within the existing i ri r space of a single-family
dwelling or accessory building, including, but not limited to, a studio, pool house, or
other similar structure. The interior snact of an existing accessory building may be
expanded by no more than 150square feet beyond the physical dimensions of the
existing structure for the sole purpose of accommodating ingre and egre
3. Have independent exterior access from the existing main dwelling;
4. Not be intended for sale, or sold, separately from the main dwelling;
5. Have side and rear setbacks sufficient for fire safety as determined by the
fire agency having jurisdiction; and
6. Comply with all building codes and health and safety regulations.
b. Parking.
1. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit, or converted to an
accessory dwelling unit, any lost off-street parking spaces required for the main dwelling
are not required to be must be replaced with off-street covered parking.
2. No additional parking will be required for the accessory dwelling unit in
instances where the accessory dwelling unit is part of the existing main dwelling or an
existing residential accessory structure intended f r heman hbit *'
dg. Converted garage setbacks. No setback shall be required for an existing
garage that is converted to an accessory dwelling unit or to a portion of an accessory
dwelling unit.
(2) Creation of a junior accessory dwelling unit within existing floor a .
Each application for a building permit to convert existing floor area of an existing or
single-family dwelling or accessory structure to a junior accessory dwelling
unit shall comply with the following standards:
-
-
MET M
ba. The junior accessory dwelling unit shall be located within a district zoned
to allow for single-family or multi -family dwellings.
eh. The junior accessory dwelling unit shall be constructed within the existing
walls of an existing or proposed -single-family structure and shall be no more than SM
square feet in size.
d. The i-...,--�r—essefydwelling , shall t oone bedfoeffi
Y V 11111�
e 4 4 rt as r..1- of an existing t family
• t J 4 4
si�b
eg. The junior accessory dwelling unit shall have a separate extefier entrance
from the main entrance_ o the proposed or existingsingle-family residence.,
ifAefief entfy to the main living afea. A seeend k4er-ier- deer -way may be used fef setifid
attenuatieffi.
fd. The junior accessory dwelling unit shall contain an efficiency kitchen,
which shall include all of the following:
• --
ii i A cooking facility with appliances that de iie* r-equir-eeleetr4eal sefviee
; and
ii ii A food preparation counter and storage cabinets that are of reasonable size
in relation to the size of the junior accessory dwelling unit.
g g The junior accessory dwelling unit shall have side and rear setbacks
sufficient for safety, as determined by the fire agency having jurisdiction.
hf The junior accessory dwelling unit must comply with all building codes
and health and safety codes.
i Deed r-estr-iefien. The lot upon „h ieh the ; oiefy dwelling unit ;
leeated shall be deed r-estr-ieted, whieh s-hal.l. rnan vvidh. the land and be filed with the
Cemmunky Development DepaAment. The deed festfietien shall inelude the following:
i. A prohibition on the sale of the unief aeeessefy dwelling unit Separate
ffem the —stale of the single esidenee; neluding a statement that the deeA
A estrie ion on the size and attributes e
Jg. Parking. No additional parking shall be required as a condition to grant a
permit for the creation of a junior accessory dwelling unit.
1-56.030
The following
— Additional
additional
provisions
provisions
for multi -family dwellings.
apply to the creation
of accessory dwelling
units
or multi -family
a)
For
dwellings
every
as defined in Section 15-06.240(
four dwelling units within
a multi -family dwelling.
one
accessory
dwelling
unit
may be
created within existing
spaces that are
not hart
of
he living
area,
including,
but
not limited to,
storage rooms, boiler
rooms.
passageways,
attics,
basements.
or garages, provided
that the accessory
dwelling
unit so created
(b)
In
complies
addition
with the
to the accessory
California Building
dwelling units
Code.
allowed by subsection
(al
above. not
more
than two
(21 detached
accessory dwelling
units may be
allowed
for
multi -family
dwelling
subject
to the standards, requirements,
and restrictions
--of
this Chapter.
15-56.035 — Owner
(a)
occupancy
With respect
restrictions.
to a
lot containing a standard
accessory dwelling
unit.
or applications
received
after January
1, 2025, one
of the dwellings on
the lots
must
e the bona
fide
principal
residence
of at least one legal
owner of the lot
containing
the dwelling,
as
evidenced
at the
time of building permit
approval by appropriated
documents
of title
and
residency.
Prior to the issuance
of a building
permit.
the
applicant
shall
provide
evidence
that a deed restriction
has been recorded
on
the
title of the
affected
property
stating
that one of the
dwelling units on
the lot
shall
remain owner
occupied.
15-56.03540 - Permitting
Within 60 days of receipt of a complete application. the Community Development
Department shall ministerially process for approval any application for a iunior
accessory dwelling unit or an accessory dwelling unit that is in compliance with the
r uirements of this Article or otherwise qualifies for ministerial approval pur uant
to state law.
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e
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F: - IT
15-56.04 S - Inspections of legalized accessory dwelling units and junior accessory
dwelling units.
(a) Where the application is for legalization of any existing accessory
dwelling unit or junior accessory dwelling unit under Section 15-56.050, an inspection of
the property shall be conducted to determine that the existing accessory dwelling unit or
junior accessory dwelling unit under Section 15-56.050 will comply with all applicable
building, health, fire and zoning codes. Such inspections shall be performed by the City
or by an independent contractor retained by the City for such purpose, and the applicant
thereof shall pay the cost.
(b) The inspections to be conducted pursuant to this Section shall not
constitute an assumption by the City, or by anyone acting in its behalf, of any liability
with respect to the physical condition of the property, nor shall the authorization to
construct a new accessory dwelling unit or junior accessory dwelling unit or the
legalization of an existing accessory dwelling unit or junior accessory dwelling unit,
pursuant to this Code, represent a warranty by the City to the owner of the property or
any other person that such property fully complies with all applicable building, health and
fire codes.
15-56.050 - Legalization of existing accessory dwelling units and junior accessory
dwelling units.
(a) Purpose of Section. It is in the public interest that all residents of the City
live in safe, sanitary housing conditions. Accessory dwelling units and junior accessory
dwelling units currently exist which were created prior to the adoption of this Article. In
order to encourage the legitimating of such units under the law, the owners of property on
which accessory dwelling units and junior accessory dwelling units are located should be
(2) In lieu of compliance with the Uniform Building Code, the accessory
dwelling unit or junior accessory dwelling unit shall comply with the Uniform Housing
Code as adopted by the City and shall otherwise comply with applicable health and fire
codes.
(3) D1oyiueu that not loss than th fee off stfeet pa fk:. ' spaees are a-vailable e
111V site, L11V 1V%l lA1rV111Vl11 of u eever-ed pafking spaee for the aeeessefy
Junief aeeessefy dwelling unit may be waived if there is no feasible-le-e-ation A-fl. the sit-e
for eithe f eft i � e event, the pafking s e for- theaeeessefy ,dwell'
ava v1 u1V1 u �u1ugV Vl Vu1�V1{.. 111 JUVll VV'V11 L, 111V 1,JGll nzrl
unit 0 J , eEessofy dwelling unit shall screeneEai--frem view iem the stfeet, if
possible; ethefwise, thedfiveway on the site may be tit:l:.�z�� 1�p � tl,
cm=mi ucczvr—crn.
{AVVVJJVl,' dwelling l.11lll of JA„
(Q) Where the accessory dwelling unit or junior accessory dwelling unit is
served by a septic tank, the septic system shall be inspected and approved by the County
Health Department. In addition, the applicant shall execute and record a deferred
improvement agreement wherein the applicant and the applicant's successors will be
obligated to connect the accessory dwelling unit or junior accessory dwelling unit, and
the main dwelling if also served by a septic system, to a sanitary sewer whenever the
same becomes available and to pay the applicant's or the applicant's successors'
proportionate share of the installation cost.
(e) Disqualified existing units. Any accessory dwelling unit or junior
accessory dwelling unit established prior to February 19, 2003, which does not qualify
for legalization under this Section by reason of not having been lawfully constructed,
shall be deemed a new unit subject to the remaining provisions of this Article, except as
follows:
(1) The existing accessory dwelling unit or junior accessory dwelling unit
shall comply with the standards set forth in subsection (d) of this Section.
(2) The existing accessory dwelling unit or junior accessory dwelling unit
shall comply with current zoning regulations, unless a variance is granted pursuant to
Article 15-70 of this Chapter.
(f) Burden of proof. Wherever in this Section the legalization of an existing
accessory dwelling unit or junior accessory dwelling unit depends upon the establishment
of any event occurring on or before a specified date, the burden of proof shall be upon the
applicant.
End of Amendments
1293965.3
encouraged to legalize such units provided the units are determined to be both safe and
sanitary for continued human occupancy. Conversely, if existing accessory dwelling units
or junior accessory dwelling units are not safe and sanitary for continued human
occupancy, the City has the responsibility to either insure they are made both safe and
sanitary or their use for human occupancy is discontinued. The purpose of this Section is
to establish special procedures and standards for legalization of existing accessory
dwelling units and junior accessory dwelling units that are or can be made fit for human
occupancy.
(b) Scope of Section. This Section shall apply only to accessory dwelling
units or junior accessory dwelling units established prior to February 19, 2003, but after
August 18, 1984, within a structure for which a building permit was issued, or otherwise
was lawfully constructed, and which complied with any applicable zoning or
development standards in force at the time of construction. Any accessory dwelling unit
or junior accessory dwelling unit established from and after February 19, 2003, shall be
deemed a new unit subject to the remaining provisions of this Article.
(c) Contents of application. Application to legalize an existing accessory
dwelling unit or junior accessory dwelling unit shall be filed with the Community
Development Director on such form as shall be prescribed. The application shall be
accompanied by the following:
(1) A vicinity map showing the location of the site.
(2) An accurate scale drawing showing the location of all structures, trees,
landscaping and off-street parking spaces on the site.
(3) Inspection reports by the City or an independent contractor, as required
under Section 15-56.040 of this Article.
(4) A preliminary title report covering the site, or other evidence showing the
applicant to be the owner of the property.
(5) If the site is a hillside lot, either or both of the following documents shall
be furnished if requested by the Community Development Director: (i) a topographic
map of the site showing contours at intervals of not more than five feet; and/or (ii) a
geologic report on the site prepared by a certified engineering geologist or a registered
civil engineer qualified in soil mechanics.
(6) If the existing accessory dwelling unit or junior accessory dwelling unit is
served by a septic system, a description thereof together with a drawing showing the
location of the septic tank and leach field on the site.
(d) Standards. Existing accessory dwelling units and junior accessory
dwelling units shall comply with the following standards:
(1) Where the accessory dwelling unit or junior accessory dwelling unit is
located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the
Community Development Director, that the accessory dwelling unit or junior accessory
dwelling unit is not subject to actual or potential damage from landslide, earth movement
or other geologic hazards.
CITY OF SARATOGA
ORDINANCE CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF SARATOGA
CERTIFIED COPY OF ORDINANCE
ADOPTION
I, Debbie Bretschneider, City Clerk for the City of Saratoga in said County of Santa Clara, and
State of California, do hereby certify that the attached is a true and correct copy of Ordinance
No. 376, adopted by the Saratoga City Council on October 21, 2020 by the following vote:
AYES: Miller, Bernald, Zhao, Kumar
I► ela"I
ABSTAIN:
/_\:3.Y40115
Ordinance I hereby further certify that a summary of the ordinance was published
Summary in accordance with Government Code Section 36933 on the following
date: September 25, 2020, October 16, 2020, and November 2, 2020.
Said ordinance shall be effective November 22, 2020.
❑ Ordinance I hereby further certify that the full text of the ordinance was published
Full Text in accordance with Government Code Section 36933 on the
. Said ordinance shall be effective
Dated this 29th day of October 2020.
ebbie Bretschneider, CIVIC, City Clerk