Monte Sereno ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Monte-Sereno-01-23-2017.pdf

      1. – Accessory dwelling units; standards and requirements.

The following standards and requirements shall apply to all accessory dwelling units:

        1. Accessory dwelling units shall be permitted on a lot having a minimum lot area of eight thousand (8,000) square feet in any R-1 residential Zoning District.

        2. The accessory dwelling unit shall be either attached to the existing primary dwelling and located within the living area of the existing dwelling or detached from the existing primary dwelling and located on the same lot as the existing primary dwelling.

        3. The accessory dwelling units are limited to the following sizes:
Zoning District

Size Limitation

R-1-8

Attached: 600 sq. ft. with or without parking
Detached: 900 sq. ft. with or without parking

R-1-20

Attached: 700 sq. ft. with or without parking
Detached: 1,000 sq. ft. with or without parking

R-1-44

Attached: 800 sq. ft. with or without parking
Detached: 1,200 sq. ft. with or without parking

The floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the existing living area of the primary dwelling.

        1. Either the accessory dwelling unit or the primary dwelling which it adjoins or within which it is located, must be the bona fide principal residence of at least one (1) legal owner of the lot or parcel containing said dwelling, as evidenced at the time of building permit approval by appropriate documents of title and residency. Prior to issuance of a certificate of occupancy, each applicant shall submit a declaration, under penalty of perjury, stating that the property shall remain owner-occupied as defined herein, for so long as the accessory dwelling unit shall exist, or until this provision is repealed, whichever occurs first.

        2. 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 and in a tandem configuration on an existing driveway provided that it is feasible based on specific site or fire and life safety conditions.

          1. Should a garage, carport or covered parking structure be demolished in conjunction with the construction of an accessory dwelling unit, the required off-street parking spaces to be replaced may be replaced as covered, uncovered, or tandem spaces provided that it is feasible based on specific site or fire and life safety conditions.

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

            1. The accessory dwelling unit is located within one-half mile of public transit; or
            2. The accessory dwelling unit is located within an architecturally and historically significant historic district; or
            3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; or
            4. When there is a car share vehicle located within one block of the accessory dwelling unit.
        1. 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.

        2. The accessory dwelling unit shall be allowed only on a lot or parcel which is connected to sanitary sewers and has adequate access to a street conforming to City of Monte Sereno street standards.

        3. The accessory dwelling unit shall comply with the structural and impervious coverage limits and the height limitations in the residential zoning district within which it is located. Accessory dwelling units shall comply with the front, side and rear yard setbacks required for an accessory building, respectively, in the residential zoning district within which it is located.

          1. No setback shall be required for an existing garage that is converted to an accessory dwelling unit.

          2. No more than five (5) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above any garage.

        4. Accessory dwelling units shall comply with the following design standards:
          1. The dwelling unit shall be constructed with the materials identical in color, texture, and appearance to the primary dwelling, including but not limited to, roofing, siding, windows, and doors.

          2. The dwelling unit shall match the roof pitch and roof form of the primary dwelling so as to blend with the existing architecture.

        5. 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.

        6. 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. “Low-income household” means a household with an adjusted income which is not less than fifty (50%) nor more than eighty percent (80%) of median income. “Very- low-income household” means a household with less than fifty (50%) of median income.

(Ord. No. NS-184, § 1, 10-16-2012; Ord. No. NS-198, § 5, 11-3-2015; Ord. No. NS-209, § 2, 12-

20-2016)