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Monte Sereno City Zoning Code

CHAPTER 10

06 - GENERAL PROVISIONS

10.06.010 - Height.

Subject to securing a Use Permit with architectural and site control, permitted public and semi-public buildings and their associated architectural features such as chimney and spires may be erected to a height not exceeding seventy-five (75) feet provided that the front, rear and side yards shall be increased one (1) foot for each one (1) foot by which such building exceeds the height limit hereinbefore established for the district in which said building is to be erected.

10.06.020 - Yards and area.

For the purpose of computing front yard dimensions the measurement shall be taken from the nearest point of the front wall of the building to the street right-of-way line; provided, however, that if an Official Plan Line has been established for the street, or if a future street width line is established therefor by the provision of this Chapter, then the measurement shall be taken from the nearest point of the front wall of the building to such Official Plan Line or such future width line.

10.06.030 - Front yard; between projecting buildings.

Where a lot is situated between two (2) lots, each of which has a main building within twenty-five (25) feet of its side lot lines, which projects beyond the established front yard line and has been so maintained since the effective date of this Chapter, the front yard requirement on such lot may be the average of the front yards of said existing buildings.

10.06.040 - Front yard; adjoining projecting buildings.

Where the lot adjoins only one (1) lot having a main building within twenty-five (25) feet of its side lot lines, which projects beyond the established front yard line and has been so maintained since the effective date of this Chapter, the front yard requirement for a building to be placed on such lot may be the average of the front yard of said existing building and the established front yard line.

10.06.050 - Front yard, sloping lot.

In the case of a sloping lot where the natural elevation of the ground at a point fifty (50) feet from the front lot line and midway between the side lot lines differs ten (10) feet or more from the curb level, or where the slope (measured in the general direction of side lot lines) is twenty percent (20%) or more on at least one-quarter of the depth of the lot, the front yard need not exceed fifty percent (50%) of that required in the district as measured on the surface of the ground.

10.06.060 - Reserved.

Editor's note— Ord. No. NS-218, § 5, adopted May 7, 2019, repealed § 10.06.060, which was entitled "Side yard of a corner lot."

10.06.070 - Rear yard of a corner lot abutting a key lot.

In the case of a corner lot with a key lot to the rear of said corner lot, the rear yard required for accessory building on said corner lot shall be equal to the side yards required on said key lot.

10.06.080 - Rear yard of a through lot.

In the case of a through lot, the rear yard required for accessory buildings shall be equal to the front yard required on the street to the rear of said lot.

10.06.090 - Rear yard—Includes one-half alley.

In computing the depth of a rear yard where such yard opens onto an alley, one-half the width of such alley not to exceed ten (10) feet may be assumed to be a portion of the required rear yard.

10.06.100 - Lot area—Includes one-half alley.

In computing the lot area of a lot which rears upon an alley, one-half the width of such alley not to exceed ten (10) feet may be assumed to be a portion of the lot.

For the purposes of this Chapter the rear half of a lot shall be the geometric rear half or that portion of the lot commencing seventy (70) feet from the street, whichever is the lesser.

10.06.110 - Projections allowed into yards.

Cornices, eaves, belt courses, sills, canopies or similar architectural features (not including bay windows or vertical projections), may extend or project into a required side yard not more than twenty-four (24) inches and may extend or project into a required front or rear yard not more than thirty (30) inches. Chimneys may also project into a required front, side or rear yard not more than eighteen (18) inches.

Open, unenclosed stairways, or balconies, not covered by a roof or canopy, may extend or project into a required rear yard not more than four (4) feet, and such balconies may extend into a required front yard not more than thirty (30) inches.

Open, unenclosed porches, platforms or landing places not covered by a roof or canopy, which do not extend more than twelve (12) inches above natural grade, may project into such side or rear yards to the property line provided that such areas shall not drain onto adjacent properties.

Window wells required under the California Building Standards Code may encroach not more than thirty-six (36) inches into any required setback. Window wells which project into the setback shall not exceed the minimum required to comply with the California Building Standards Code criteria for egress. Window wells shall comply with all local, state and federal regulations.

(Ord. 160 § 1, 2008)

10.06.120 - Modification of development standards.

In "R" Districts, where lots and attendant facilities are improved as a unit or as contiguous units, the City Council through architectural and site control procedure as provided in Chapter 8, shall have authority to modify the development standards prescribed herein for front yards, side yards, or rear yards when such action will promote excellence of development consistent with the intent of this Chapter.

A.

In "R" Districts where a proposed subdivision has been conditionally approved for cluster development, the Council may authorize the reduction of lot areas of individual parcels therein subject to the following conditions:

1.

Average building intensity does not exceed that corresponding to the zoning district in which the subdivision is located (e.g., forty (40) dwelling sites on forty (40) acres in an R-1-44 District).

2.

Sanitary sewers are installed.

3.

The area of any individual lot is not less than one-half the minimum required in its zoning district.

4.

Subdivider consents to architectural and site control and to the installation at subdivider's expense of standard improvements according to plan approved by the City Council.

10.06.130 - Height of fences.

A.

Front Yard and Side Corner Height Limits. No portion of any fence shall exceed a height of three (3) feet in any part of any front yard, within ten (10) feet of any side corner property line of a lot in the R-1-8 zoning district, or within fifteen (15) feet of any side corner property line of a lot in the R-1-20 and R-1 44 zoning district unless a site development permit has been approved in accordance with Chapter 8 of this Title, provided however, no site development permit shall be issued to authorize an increase in fence height over six (6) feet in such areas. Any fence not more than six (6) feet in height in existence on August 19, 1977, in any front yard is exempted from the provisions of this Section; provided, however, that said fence is not located within a right-of-way and shall not block the sight distance at a street intersection.

B.

Fence Arbor Height Limits. A pedestrian arbor may be added to a fence the overall height of the pedestrian arbor does not exceed twelve (12) feet. Construction of any pedestrian arbor in excess of seven (7) feet shall be subject to obtaining a site development permit in accordance with Chapter 8 of this Title, and subject to obtaining all required permits under Title 9 of this Code and the California Building Standards Code.

C.

Side Interior and Rear Yard Fence Height Limits.

1.

A fence height of up to six (6) feet, or a solid wooden fence not exceeding six (6) feet with up to one (1) foot of additional lattice, shall be permitted in the side interior yard and rear yard in each zoning district.

2.

A fence height up to eight (8) feet in any side interior, side corner, or rear yard shall be permitted, subject to obtaining all required permits under Title 9 of this Code and the California Building Standards Code, and the approval of fence design permit by the Site and Architectural Commission under this Section.

D.

Fence Design Permit Requirements. A fence design permit shall be approved by the Site and Architectural Commission upon satisfaction of the following requirements:

1.

The applicant shall have submitted a complete application and paid the applicable application fee, which may be set and adjusted by resolution of the City Council. If no fee is specifically set for a fence design permit application, the fee for a site development permit under subsection A shall apply. Applications shall include a property map, cross sections of the proposed fence, description of materials, fasteners, and finishes, and any other information as may be specified on forms provided by the City Planning Department.

2.

The applicant shall submit a landscape plan, demonstrating proposed screening for the fence by means of berms, plantings of suitable shrubs and trees, of native species, to be placed at regular intervals on the side of the fence closest to the public right-of-way, in a manner that will not cause obstructions on any public sidewalks or rights-of-way. A landscape plan shall not be required to demonstrate planting for those portions of a fence that are on a shared property line.

3.

The proposed fence shall not obscure a scenic view or vista from any public right-of-way, nor create a safety hazard for vehicular, pedestrian or bicycle traffic by creating a line of sight obstacle from a public right-of-way. For the purposes of this provision, the proposed fence shall be required to not create an impediment or a line of sight obstacle greater than that of a six-foot fence that would be permitted as of right at the same location.

4.

Fence materials, fasteners, and finishes shall comply with all construction material standards and any administrative guidelines kept on file with the City Planning Department.

5.

The property for the proposed fence satisfies one (1) of the following requirements:

a.

A shared property line with a property within the jurisdiction of the County of Santa Clara where a fence height of eight (8) feet is permitted under the applicable regulations of the County of Santa Clara.

b.

A shared property line with a school, church, or community center.

c.

Adjacent to, or across the street from, a commercial property.

d.

Adjacent to the following streets: Los Gatos-Saratoga Road, Daves Avenue, or Winchester Boulevard.

e.

Construction of any accessory building, accessory dwelling unit, or main building within thirteen (13) feet of either side of the proposed fence.

f.

Existence of an average slope of ten percent (10%) or more adjacent to the proposed fence location, measured over the ten (10) feet from the proposed fence location.

In conjunction with the approval of a fence design permit, the Site and Architectural Commission may impose conditions of approval as may be necessary in order to mitigate any specifically identified impacts of the proposed fence or ensure compliance with the requirements of this Section.

E.

Fence and Fence Height Defined. The term "fence" shall include any open or solid barrier using, but not limited to, brick, stone, concrete, steel, iron, wood and/or plastic for its construction. Fence heights, for the purposes of this Section, shall be determined by the measurement from the lowest point on the highest grade side of the fence to the tallest point, including posts, lattices, and any other features.

(Ord. No. NS-178, § 3, 7-19-2011; Ord. No. NS-210, § 4, 3-21-2017; Ord. No. NS-218, § 4, 5-7-2019; Ord. No. NS-225, § 1, 5-4-2021; Ord. No. NS-235, § 1, 5-2-2023)

10.06.140 - Accessory dwelling units; junior accessory dwelling units; standards and requirements.

Notwithstanding any other provision of this Code, an accessory dwelling unit or junior accessory dwelling unit shall not be constructed without prior submission of an application to the Building Official and approval of a permit. The Building Official shall, with the Planning Director, review each application ministerially for compliance with the standards in this Section without public hearing. The decision of the Building Official shall be final, and notwithstanding any other provisions of this Code, shall not be subject to further appeal or review to the City Council. The following standards and requirements shall apply to all accessory dwelling units and junior accessory dwelling units, and in the event of conflict with any provision of this Code, the below standards shall be deemed to apply:

A.

Accessory Dwelling Unit Standards.

1.

Accessory dwelling units shall be permitted on all residential lots in accordance with the requirements of this Section.

2.

The accessory dwelling unit shall be either attached to the existing primary dwelling or located within the living area of the existing dwelling, or attached to an existing accessory structure, or detached from the existing primary dwelling and located on the same lot as the existing primary dwelling. However, separate sale or conveyance of an accessory dwelling unit shall be permitted where required under Government Code Section 65852.26.

3.

Size. Accessory dwelling units are limited to the following sizes:

Zoning DistrictMaximum ADU Size
R-1-8 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.
R-1-20 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.
R-1-44 1,200 square feet for any accessory dwelling unit, with or without parking.
RM-Multi-Family Residential District 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.
P 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.
PD 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom, with or without parking.

 

The floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the existing living area of the primary dwelling up to a maximum of eight hundred fifty (850) square feet, unless the accessory dwelling unit will include more than one (1) bedroom. However, where a restriction to fifty percent (50%) of existing living area would result in a maximum size of less than eight hundred (800) square feet, an attached accessory dwelling unit of no more than eight hundred (800) square feet shall be permitted, subject to the zoning regulations and development standards in this Section.

4.

Parking. At least one (1) parking space shall be provided for each accessory dwelling unit in addition to the minimum number of parking spaces required for the primary dwelling. No additional driveways shall be permitted, except for corner lots. Parking may be provided in setback areas or in tandem configuration on an existing driveway.

Should a garage, carport or covered parking structure be demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces shall not be required to be replaced.

No parking shall be required for any accessory dwelling unit that meets any of the following criteria:

a.

The accessory dwelling unit is located within one-half mile of public transit; or

b.

The accessory dwelling unit is located within an architecturally and historically significant historic district; or

c.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; or

d.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

e.

When there is a car share vehicle located within one (1) block of the accessory dwelling unit; or

f.

Where an application for construction of an accessory dwelling unit is submitted with an application to construct a new single-family dwelling or multi-family dwelling on the same lot, and the accessory dwelling unit satisfies any of the other criteria listed in this paragraph.

5.

Access. An accessory dwelling unit which is attached to or within the primary residence on the lot shall not have any direct access to the primary residence but shall have a separate exterior entry which shall not be located on the same side of the primary residence as the principal exterior entry to the primary residence. The entry to any accessory dwelling unit shall be so configured and located that only one (1) main entrance to any property is visible from the adjacent street or road.

6.

Locations Permitted. The accessory dwelling unit shall be allowed only on a lot or parcel which is connected to sanitary sewers.

7.

Coverage Limits and Exceptions. The accessory dwelling unit shall comply with the structural and impervious coverage limits of the applicable zoning district. Notwithstanding any provision in this Code, should the construction of an accessory dwelling unit cause the lot to exceed the allowed structural or impervious coverages permitted under the applicable zoning district, an eight hundred (800) square foot accessory dwelling unit shall be permitted.

8.

Height Limits.

a.

The height limit for a detached accessory dwelling unit shall be a maximum of sixteen (16) feet, except that a detached accessory dwelling unit located with one-half a mile walking distance of a major transit stop or high quality transit corridor, as defined in Section 21155 of the Public Resources Code, can have a height limit of eighteen (18) feet, plus an additional two (2) feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

b.

The height limit for an accessory dwelling unit attached to the main house shall comply with the height limits of the zoning district, except that the accessory dwelling portion may be no more than twenty-five (25) feet in height in any front, side, or rear setback applicable to the main house set forth in Chapter 10.05.

c.

The height limit for an accessory dwelling unit on a lot with an existing or proposed multi-family, multi-story building shall be eighteen (18) feet.

9.

Setbacks.

a.

An accessory dwelling unit shall comply with the front setback required in the residential zoning district within which it is located, except for an accessory dwelling unit of up to eight hundred (800) with minimum four (4) foot side and rear yard setbacks.

b.

An accessory dwelling unit shall have no less than a four-foot side and four-foot rear yard setback.

c.

No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

d.

Notwithstanding any other provision of the code, a setback of no more than four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

10.

Design. Accessory dwelling units shall comply with the following design standards:

a.

The dwelling unit shall use a minimum of two (2) exterior materials that match those of the main house. These exterior materials include, but are not limited to, roofing, siding, and windows.

b.

The roof pitches used on the dwelling unit shall match those on the main house.

c.

Accessory dwelling units shall also comply with any applicable objective design standards adopted in the City's design guidelines.

11.

No certificate of occupancy for an accessory dwelling unit shall be issued before a certificate of occupancy has been issued for the primary dwelling.

12.

Utility Connections. For an accessory dwelling unit constructed within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and that involves an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure, the accessory dwelling unit shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility unless the accessory dwelling unit shall be constructed concurrently with a new single-family dwelling.

13.

Fire Sprinklers. Accessory dwelling units shall not be required to have fire sprinklers if they are not required for the primary residence. Fire sprinklers shall be considered "required for the primary dwelling unit" in any of the following circumstances:

a.

When fire sprinklers are currently installed in the primary dwelling unit;

b.

When fire sprinklers will be installed in a new primary dwelling unit constructed concurrently with an accessory dwelling unit; or

c.

When fire sprinklers will be installed in an existing primary dwelling unit as the result of an addition to the primary dwelling unit, except for an addition solely for the purpose of constructing an accessory dwelling unit, which addition triggers any requirement for retroactive installation of fire sprinklers in the primary dwelling unit.

The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in any existing dwelling.

14.

No Minimum Lot Area or Lot Size. Notwithstanding anything in this Code, no minimum lot area or lot size shall be required or imposed for approval of a permit for an accessory dwelling unit.

B.

Junior Accessory Dwelling Unit Standards. The following provisions shall apply to junior accessory dwelling units:

1.

A junior accessory dwelling unit shall not be considered a separate or a new dwelling unit for purposes of applying building or fire codes. Installation of fire sprinklers in a junior accessory dwelling unit of any type shall be required only if they are required for the primary dwelling unit. Fire sprinklers shall be considered "required for the primary dwelling unit" under the circumstances as specified in Subsection A.13 of this Section.

2.

Floor Area. The minimum floor area for a junior accessory dwelling unit shall be one hundred fifty (150) square feet. The maximum floor area for a junior accessory dwelling unit shall not exceed five hundred (500) square feet. If the sanitation facility (i.e., bathroom) is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation for the junior accessory dwelling unit.

3.

Setbacks. Setbacks for a junior accessory dwelling unit constructed with a new single-family dwelling shall be that of the underlying zoning district. No setback shall be required for a junior accessory dwelling unit contained within the existing space of a single-family dwelling. However, as permitted in this Section, an expansion to an accessory structure of up to one hundred fifty (150) square feet to accommodate ingress and egress may be constructed only if the following setbacks are maintained:

a.

A front setback accordance with the applicable zoning district.

b.

A minimum side yard setback of four (4) feet.

c.

A minimum rear yard setback of four (4) feet.

4.

No parking shall be required for a junior accessory dwelling unit.

5.

Coverage Limits. No structural or impervious coverage requirement shall apply to a junior accessory dwelling unit.

6.

Height. No height restriction shall apply to a junior accessory dwelling unit; however, the primary structure shall comply with any height restrictions for the zoning district.

7.

Utilities. A junior accessory dwelling unit shall not be required to install a new or separate utility connection directly between the junior accessory dwelling unit and the utility.

8.

A junior accessory dwelling unit may be constructed on a site that does not meet the minimum lot or parcel size requirements or minimum dimensional requirements of the underlying zoning district, provided that it is constructed in compliance with all building standards and other standards of this division. Notwithstanding anything in this Code, no minimum lot area or lot size shall be required or imposed for approval of a permit for a junior accessory dwelling unit.

9.

An expansion to an accessory structure of up to one hundred fifty (150) square feet to accommodate ingress and egress for a proposed junior accessory dwelling unit must meet applicable design criteria in Subsection A.10 of this Section.

10.

A junior accessory dwelling unit shall include an efficiency kitchen, including a cooking facility with appliances and a food preparation counter and storage cabinets.

11.

Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

C.

Owner Occupancy and Use Restrictions.

1.

Accessory dwelling units shall not be subject to an owner occupancy restriction. For accessory dwelling units permitted prior to January 1, 2020, the City Planner is authorized to record such documents as may be required to remove any existing deed restrictions requiring owner occupancy, upon application by the current property owner and payment of any application fee as may be established by resolution of the City Council.

2.

For junior accessory dwelling units, owner-occupancy is required unless the owner is a governmental agency, land trust, or housing organization. The owner may reside in either the remaining portion of the primary structure or the newly created junior accessory dwelling unit.

3.

The following restrictions shall apply to junior accessory dwelling units unless the owner is a government agency, land trust, or housing organization:

a.

The property owner shall record a deed restriction with the County Recorder Office and file a copy of the recorded deed restriction with the City. The deed restriction shall prohibit the sale or other conveyance of the junior accessory dwelling unit separate from the single-family dwelling; specify that the deed restriction runs with the land and is therefore enforceable against future property owners; and restrict the size and features of the junior accessory dwelling unit in accordance with this Section.

b.

The site's owner may at any time offer for rent either the single-family dwelling unit or the junior accessory dwelling unit. The site's owner shall be required to reside in the single-family dwelling unit as its primary residence at any time while the junior accessory dwelling unit is occupied by a tenant.

c.

A site's owner shall not allow occupancy of a junior accessory dwelling unit by a tenant for any reason, with or without payment of rent, unless the site owner maintains occupancy of the primary dwelling unit as its primary residence.

D.

Short-term Rentals Prohibited. No accessory dwelling unit or junior accessory dwelling unit shall be rented for a period of less than thirty (30) consecutive days.

E.

Waiver of Fees. The planning fees associated with an accessory dwelling unit shall be waived in the event the owner agrees to rent the accessory dwelling unit for a period of no less than ten (10) years to people who qualify as low income or very low income households. Such agreement shall be evidenced by a deed restriction recorded against the property on which the accessory dwelling unit is located and shall be recorded prior to the issuance of a certificate of occupancy for the accessory dwelling unit. For purposes of this paragraph, "low-income household" means a household with an adjusted income which is not less than fifty [percent] (50%) nor more than eighty percent (80%) of median income. "Very-low-income household" means a household with less than fifty [percent] (50%) of median income.

F.

Applicable Animal Regulations. The number of animals which may be kept on each lot as specified in the zoning regulations for the residential zoning district within which the lot is situated, shall remain unchanged after construction of an accessory dwelling unit or junior accessory dwelling unit.

G.

Enforcement. Enforcement of notices to correct a violation of any provision of any building standard for any accessory dwelling unit shall comply with Section 17980.12 of the Health and Safety Code.

H.

State Law Mandated Approval. Notwithstanding anything in this Code to the contrary, the Building Official shall ministerially approve permits required to create any of the following within a residential or mixed-use zone:

1.

One (1) accessory dwelling unit and one (1) junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:

a.

The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

b.

The accessory dwelling unit has exterior access that is separate from the exterior entrance for the proposed or existing single-family dwelling.

c.

The side and rear setbacks are sufficient for fire and safety.

d.

The junior accessory dwelling unit complies with the standards for a junior accessory dwelling unit set forth above.

2.

One (1) detached, new construction, accessory dwelling unit per lot, that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, is subject to the following requirements:

a.

A total floor area limitation of not more than eight hundred (800) square feet.

b.

A height limitation of sixteen (16) feet, or eighteen (18) feet if within one-half mile walking distance of a major transit stop or high-quality transit corridor as defined in Section 21155 of the Public Resources Code, plus an additional two (2) feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

The new construction detached accessory dwelling unit in this Subsection may include a junior accessory dwelling unit described in Subsection H.1 above.

3.

On a lot that has an existing multi-family dwelling, not more than two (2) detached accessory dwelling units that are located, subject to a height limit of eighteen (18) feet and four-foot rear yard and side yard setbacks.

4.

Conversion of portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, into new accessory dwelling units, provided that each unit shall comply with state building standards for dwellings. The number of new accessory dwelling units authorized for conversion under this Subsection shall not exceed twenty-five percent (25%) of the existing dwelling units in the multi-family dwelling structure or one (1) new accessory dwelling unit, whichever is greater.

Existing multi-family dwellings with a side or rear yard setback of less than four (4) feet shall not be required to be modified as part of a condition of approving an accessory dwelling unit.

I.

Numerical Limitations. The total number of accessory dwelling units and junior accessory dwelling units per lot or parcel shall not exceed the total number of such units that that may be permitted under Subsection H.

J.

Pursuant to Government Code Section 65852.21(f), no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot if: (1) an urban lot split has been approved pursuant to Chapter 13.06 on such lot; and (2) two (2) residential units have been approved for construction on each lot of the urban lot split pursuant to Section 10.05.080.

(Ord. No. NS-184, § 1, 10-16-2012; Ord. No. NS-198, § 5, 11-3-2015; Ord. No. NS-209, § 2, 12-20-2016; Ord. No. NS-222, § 1, 2-18-2020; Ord. No. NS-228, § 3, 12-21-2021; Ord. No. NS-229, § 3, 1-4-2022; Ord. No. NS-232, § 1, 12-20-2022; Ord. No. NS-235, § 2, 5-2-2023; Ord. No. NS-239, §§ 1—5, 11-7-2023)

10.06.150 - Accessory dwelling unit amnesty program.

Owners of unpermitted accessory dwelling units and junior accessory dwelling units which were constructed or otherwise in existence prior to December 31, 2020, may apply for a retroactive building permit in accordance with Health and Safety Code section 17958.12 without being subject to penalty for violation of this Code.

In accordance with Government Code Section 65852.23, no permit shall be denied for units constructed before January 1, 2018, for violations of building standards under Health and Safety Code Section 17960 et seq., or non-compliance with state or local accessory dwelling unit regulations, unless the correction of the violation is necessary to protect the health and safety of the public or the occupants of the structure.

(Ord. No. NS-186, § 1, 7-16-2013; Ord. No. NS-195, § 1, 9-16-2014; Ord. No. NS-202, § 1, 4-19-2016; Ord. No. NS-209, § 3, 12-20-2016; Ord. No. NS-214, § 1, 1-16-2018; Ord. No. NS-232, § 2, 12-20-2022)