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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. ;l� \ _ 110i\01 MO e \ \ "111,10 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