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- Planning ministerially approves after Technical Review plus Arborist Review and/or Geotechnical Review if required
- Building review
- Any construction occurring within 5 feet of the dripline of a protected tree requires Arborist Review.
- Any addition of floor area occurring on a parcel with identified geological hazards requires Geotechnical Review.
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| ADU’s are allowed in zones that permit single family or multi-family development (15-56.020)
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- Attached ADUs have a maximum size of up to fifty percent of the living area of the corresponding single-family dwelling or 1200 square feet, not including a garage
- Detached ADUs
- Those not located in a sided or rear setback have a maximum size of 1200 square feet, not including a garage
- Located partially or entirely within a side or rear setback have a maximum size of 1,000 square feet
- ADUs can exceed a property’s maximum allowable floor area by up to 800 square feet
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| Up to one attached ADU, one detached ADU, and two JADUs can be permitted on a property (15-56.020)
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- The maximum building height of a detached ADU is 16 ft or 18 feet if on a lot with a multifamily, multistory dwelling or on a lot within ½ mile of a major transit stop (15-56.025-A4).
- Attached ADUs shall not exceed 25 feet.
Any ADU exceeding 18 ft in height must comply with design review regulations as set for in Article 15-45
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- ADUs may be placed inside front and rear setbacks but must be no less than 4 feet from the side or rear property line; however, setbacks of less than four feet are allowed if the ADU is constructed in the same location and to the same dimensions as an existing structure that is demolished for the purpose of building the ADU.
- All ADUs must also comply with front setbacks, except ADUs not exceeding 800 square feet can be located within front setbacks. (Setbacks for residential zones can be found in 15-12.090
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Lot or Location Restrictions |
- ADUs count toward the maximum allowable site coverage as established by applicable zoning regulations (allowable site coverage by zone can be found in 15-12.080)
- ADUs count towards the maximum allowable floor area of a parcel as established by applicable zoning regulations (allowable floor area by zone can be found in 15-12.085)
- Floor area and site coverage will not be applied to prohibit an ADU that does not exceed 800 square feet
- For lots that are at least 10,000 net square feet in size, a one-time 10%increase in site coverage and allowable floor area may be granted by the Community Development Director if the new ADU is deed restricted so that it may only be rented to below market rate households (15-56.025)
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- One off-street parking space is required for detached ADUs unless it is:
- Located within one-half mile of public transit
- Located within a designated architecturally and historically significant historic district
- Part of the proposed or existing primary residence or accessory structure
- Located within one block of a car share vehicle
- Located in a neighborhood where on-street parking permits are required but not offered to the occupant of the ADU (15-56.025-A9)
- No parking is required for JADUs
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- All new construction to create an ADU must match the main structure in color, materials, and architectural design
- An Arborist Report is required for any construction occurring within 5 feet of the dripline of a protected tree
- A Geotechnical Report is required for any addition of floor area occurring on a parcel with identified geological hazards.
- A boundary survey is required for any new construction within two feet of a required setback
- A topographic survey is required for lots with a slope greater than 10%
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| JADUs: Owner must occupy either the JADU or the primary house
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- An ADU may not be sold or otherwise conveyed separately from the primary dwelling on the lot
- An ADU may not be used as a short-term rental
- CC&R and HOA restrictions may vary
- For lots that are at least 10,000 net square feet in size, a one-time 10%increase in site coverage and allowable floor area may be granted by the Community Development Director if the new ADU is deed restricted so that it may only be rented to below market rate households (15-56.025)
- For applications received after January 1, 2025, a deed restriction amendment for owner occupancy must be recorded before a building permit will be issued
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| Generally, ADUs and JADUs cannot be rented for fewer than 30 days at a time
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Departments and Agencies Involved in Permitting | In addition to the City of Saratoga, plans are reviewed by Santa Clara County Fire Department and West Valley Sanitation District if applicable
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- Fee Schedule
- Planning fees: A 7.25% software technology fee added to all planning and arborist fees. $1,116 fee for Technical Review
- If Arborist review required: $1,500 deposit
- If Geotechnical Review required: $5,000 deposit and $1,103 flat fee
- If Planning Commission Design Review required: $5,305 fee.
- Building fees: Based on valuations
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Sample Fees From Recently Built Projects |
- Detached 800 square foot ADU approved on 12/2020 with a $300,320 job valuation:
- Planning review fees of $1,206
- Arborist review fees of $686.73
- Building fees of $7,260.82
- Detached 938 square foot ADU approved in 8/2021 with a $368,456 job valuation:
- Planning review fees of $1,206
- Tree permit fee of $125
- Building fees of $8,555
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