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-family dwellings 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.

(Ord. No. 376, § 1(Exh. A), 10-21-2020)

The following definitions apply only to this Article:

(1)

Accessory dwelling unit as defined in Article 15-06.

(2)

Accessory structure as defined in Article 15-06.

(3)

Junior accessory dwelling unit as defined in Article 15-06.

(4)

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.

(5)

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(6)

Short-term rental means a dwelling unit which is used for transient occupancy for periods of up to thirty consecutive days for which payment is required.

(7)

Tandem parking means two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. 376, § 1(Exh. A), 10-21-2020; Ord. No. 399, § 1(Att. 1), 4-3-2024)

(a)

Single-family dwellings. One accessory dwelling unit and up to two junior accessory dwelling units within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, and one detached, new construction accessory dwelling unit with minimum four-foot side and rear yard setbacks shall be allowed on any one lot which contains an existing or concurrently approved single-family dwelling unit. Such units are an accessory 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.

(Ord. No. 376, § 1(Exh. A), 10-21-2020; Ord. No. 399, § 1(Att. 1), 4-3-2024)

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)

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 ten thousand net square feet in size, 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 subject to a recorded enforceable restriction limiting occupancy of the unit to lower-income households as defined in Health and Safety Code section 50079.5 or moderate-income households, as defined in in Health and Safety Code section 50052.5, and limiting any rent to be charged for the unit to the affordable rent set pursuant to Health and Safety Code section 50053. Notwithstanding the foregoing, an attached or detached accessory dwelling of up to one thousand square feet with four-foot side and rear setbacks shall be allowed where consistent with the floor area requirements in section 15-56.025(a)(3).

(2)

Sale and rental.

a.

An accessory dwelling unit may be rented separately from the primary single-family dwelling or multi-family dwelling.

b.

An accessory dwelling unit or junior accessory dwelling unit shall not be used as a short-term rental.

c.

An accessory dwelling unit may not be sold or otherwise conveyed separately from the primary dwelling on a lot unless done so in accordance with Government Code section 65852.26.

(3)

Floor area.

a.

Except as provided in subsection (b) below, the maximum floor area limit for an accessory dwelling unit shall be as follows:

i.

an attached accessory dwelling unit shall not exceed fifty percent of the existing or concurrently approved living area of a single-family dwelling, with a maximum size of one thousand two hundred square feet, not including the garage.

ii.

a detached accessory dwelling unit, not located within a side or rear setback area, shall have a maximum size of one thousand two hundred square feet of living area, not including the garage.

iii.

In no case shall the above requirements in subsections (i) and (ii) prohibit the construction of one accessory dwelling of up to eight hundred square feet with minimum side and rear setbacks of four feet or located within the front setback.

iv.

Notwithstanding the foregoing, conversion of space within an existing single-family dwelling is not subject to these floor area limitations.

b.

Both the accessory dwelling unit and the primary dwelling unit shall count toward the total maximum allowable floor area set by applicable zoning regulations. However, in no case shall floor area and site coverage requirements be applied to prohibit the construction of one accessory dwelling unit that does not exceed eight hundred square feet gross floor area and has minimum side and rear yard setbacks of at least four feet.

c.

If an accessory dwelling unit has a basement or an attic, that area is included as part of the total maximum floor area allowed.

(4)

Height of accessory dwelling units.

a.

Attached accessory dwelling units. An accessory dwelling unit that is attached to the primary dwelling shall not exceed a height of twenty five feet or two stories or the height limitation that applies to the primary dwelling pursuant to this Chapter, whichever is lower.

b.

Detached accessory dwelling units. Detached accessory dwelling units shall not exceed:

i.

A height of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit; or

ii.

A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling; or

iii.

A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code section 21155.

iv.

An additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

(5)

Setbacks. Attached accessory dwelling units shall comply with the setbacks required for the primary dwelling unit. Detached accessory dwelling units 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 same location and to the same dimensions as an existing structure that is demolished for the purpose of constructing the accessory dwelling unit. Front yard setback requirements of the underlying zoning district apply to accessory dwelling units except when it precludes the construction of one accessory dwelling unit of at least eight hundred square feet.

(6)

Construction above garage. Notwithstanding other setback requirements in the City Code, a setback no less than four 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.

(7)

Parking. Parking requirements for an accessory dwelling unit shall be as follows:

a.

Unless otherwise provided in this section, one off-street parking space shall be provided for the accessory dwelling unit in addition to the off-street covered parking spaces required for the main dwelling.

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 public transit as defined in Government Code § 65852.2;

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 primary residence or accessory structure;

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 located within one block of the accessory dwelling unit;

vi.

The accessory dwelling unit is subjected to a recorded enforceable restriction limiting occupancy of the unit to lower income households as defined in Health and Safety Code section 50079.5 and limiting any rent to be charged for the unit to the affordable rent set pursuant to Health and Safety Code section 50053;

vii.

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; or

viii.

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 replaced.

(8)

Access. The accessory dwelling unit shall be served by the same driveway access to the street as the existing or concurrently approved main dwelling. A separate driveway shall be allowed for (a) an accessory dwelling unit on a corner lot where the secondary frontage does not already have a driveway and (b) an interior lot that has site frontage of at least eighty feet.

(9)

Entrances. No access shall be allowed between an accessory building and an accessory dwelling unit if both structures are connected by a common wall, with the exception that an attached garage may have interior access to an accessory dwelling unit.

(10)

Covered patios. Attached covered patios shall comply with the applicable setback requirements of the underlying zoning district.

(11)

Appearance. All new construction to create an accessory dwelling unit must match the existing or concurrently approved main structure in color.

(12)

Decks. Roof decks are not permitted on any newly constructed accessory dwelling unit.

(b)

Accessory dwelling unit constructed within existing floor area.

(1)

Conversion of existing floor area. Each application for a building permit to convert existing interior space of an existing single-family dwelling, multi-family dwelling, or accessory structure to an accessory dwelling unit shall comply with the following standards:

a.

The accessory dwelling unit must:

i.

Be located within a district zoned to allow for single-family or multi-family dwellings;

ii.

Be contained within the existing interior space of a single-family dwelling, multi-family dwelling, or accessory building, including, but not limited to, a studio, pool house, or other similar structure. An existing accessory building may be expanded by no more than one hundred fifty square feet beyond the physical dimensions of the existing structure for the sole purpose of accommodating ingress and egress.

iii.

Have independent exterior access from the existing main dwelling;

iv.

Not be intended for sale, or sold, separately from the main dwelling except in accordance with Government Code section 65852.26;

v.

Have side and rear setbacks sufficient for fire safety as determined by the fire agency having jurisdiction; and

vi.

Comply with all building codes and health and safety regulations.

b.

Parking.

i.

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 replaced .

ii.

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.

c.

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. Each application for a building permit to convert floor area of an existing or proposed single-family dwelling to a junior accessory dwelling unit shall comply with the following standards:

a.

The junior accessory dwelling unit shall be located within a district zoned to allow for single-family dwellings.

b.

The junior accessory dwelling unit shall be constructed within the walls of an existing or proposed single-family structure including an attached garage, and shall be no more than five hundred square feet in size.

c.

The junior accessory dwelling unit shall have a separate entrance from the main entrance to the proposed or existing single-family residence.

d.

The junior accessory dwelling unit shall contain an efficiency kitchen, which shall include all of the following:

i.

A cooking facility with appliances; and

ii.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

e.

The junior accessory dwelling unit shall have side and rear setbacks sufficient for safety, as determined by the fire agency having jurisdiction.

f.

The junior accessory dwelling unit must comply with all building codes and health and safety codes.

g.

Parking. No additional parking shall be required as a condition to grant a permit for the creation of a junior accessory dwelling unit.

h.

Owner-occupancy is required in the structure in which a junior accessory dwelling unit is permitted. The owner may reside in either the single-family dwelling portion of the structure or the junior accessory dwelling unit. Pursuant to Government Code Section 65852.22(a)(2), owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

(c)

Impact Fee Exemptions. Accessory dwelling units up to seven hundred fifty square feet are exempt from impact fees, and accessory dwelling units that are seven hundred fifty square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit.

(Ord. No. 376, § 1(Exh. A), 10-21-2020; Ord. No. 399, § 1(Att. 1), 4-3-2024)

(a)

At least one accessory dwelling unit shall be allowed within an existing multifamily dwelling dwellings as defined in Section 15-06.240(c). The maximum number of accessory dwelling units in a multi-family dwelling shall be 25 percent of the existing units as of the date of the dwelling's Certificate of Occupancy; any fraction of a unit under this formula shall be allowed as a whole unit. Any accessory dwelling units in a multifamily dwelling shall be created within existing spaces that are not part of the living area, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the accessory dwelling unit so created complies with the California Building Code.

(b)

In addition to the accessory dwelling units allowed by subsection (a) above, not more than two detached accessory dwelling units may be allowed for a multi-family dwelling subject to the standards, requirements, and restrictions of this Chapter.

(Ord. No. 376, § 1(Exh. A), 10-21-2020; Ord. No. 399, § 1(Att. 1), 4-3-2024)

(a)

With respect to a lot containing a junior accessory dwelling unit, the owner must reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. 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. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

(Ord. No. 376, § 1(Exh. A), 10-21-2020; Ord. No. 405, § 1(Att. 1.5), 10-15-2024)

Notwithstanding any other provision of this Chapter, within sixty days of receipt of a complete application, the Community Development Department shall ministerially approve or deny any application for a junior accessory dwelling unit or an accessory dwelling unit that is in compliance with the requirements of this Article or otherwise qualifies for ministerial approval pursuant to State law.

(Ord. No. 376, § 1(Exh. A), 10-21-2020; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 405, § 1(Att. 1.5), 10-15-2024)

(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.

(Ord. No. 376, § 1(Exh. A), 10-21-2020)

(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 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.

(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)

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 unpermitted accessory dwelling unit or junior accessory dwelling unit constructed prior to January 1, 2018, will not be denied approval unless correcting violations of the Building Code, Government Code section 65852.2, or this Article is necessary to protect the health and safety of the public or occupants of the structure, or the building is deemed substandard pursuant to Health & Safety Code section 17920.3.

(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.

(Ord. No. 376, § 1(Exh. A), 10-21-2020; Ord. No. 399, § 1(Att. 1), 4-3-2024)