Chapter 10.03 — PROHIBITIONS — Monte Sereno Zoning Code

10.03.010 - Limitations on all land and structures. ¶

No land shall be used or occupied and no structure shall be erected, altered, enlarged, moved, used or occupied except in conformity with all regulations herein established and upon performance of all conditions herein set forth.

10.03.020 - Limitations on use of front, side, rear yards.

A.

No portion of any lot, with a dwelling which is not occupied for human habitation or without a dwelling, and no portion of any front yard as defined in Section 10.01.020 AW, shall be used for the storage of any of the following except as otherwise provided herein:

1.

Motor vehicles, except automobiles or light trucks of three-quarter (0.75) ton size or less which are in fully operational condition and currently registered and licensed for operation on public highways and in regular use by members of the household occupying the premises; provided, however, that a motor vehicle less than seven (7) feet high or less than two hundred four (204) inches in overall length or less than nine thousand (9,000) pounds in gross vehicle weight shall be deemed an automobile or light truck for purposes of this Section;

Trailers of any kind or make as defined in the California Vehicle Code;

3.

Boats or airplanes;

4.

Parts of any of the above-described items;

5.

Building or construction materials, except those materials reasonably required for work under construction on the premises pursuant to a valid and current building permit issued in accordance with Title 9; and

6.

Trash, garbage or refuse, except as may be provided by Chapter 9 of Title 6.

B.

No portion of any required side yard of a corner lot or any required rear yard of a through lot shall be used for the storage of any of the items described in Subsection A except where a fence has been legally constructed pursuant to applicable regulations and of sufficient height and type to screen the stored property from public view and to prevent it from becoming an attractive nuisance to children. For the purposes of this Section the fence shall be solid and opaque.

C.

The term "storage" shall mean the physical presence of the items proscribed above for a period of eight (8) consecutive hours but excluding Saturday and Sunday of each week, within the proscribed lot or yard as such is defined and delineated in this Chapter including the public or private street upon which the lot fronts.

D.

Any of the items described in Subsection A which have been stored on any lot or yard for more than eight (8) hours, and then removed, shall not again be stored on such lot or yard at any time within seventy-two (72) hours after removal therefrom.

E.

The provisions of this Section shall not apply to any of the following:

1.

Vehicles or trailers in the process of being loaded or unloaded.

Vehicles or trailers belonging to guests of the owners of a particular property which are to be stored for a period of not to exceed seventy-two (72) hours.

3.

Vehicles and trailers which are in fully operational condition and currently registered and licensed for operation on public highways, and which are stored outside of the public right-of-way of any street and on private property which is the residence of the owners thereof and within the R-1-8 Residential District, eight thousand (8,000) square foot lot size zoning district.

10.03.030 - Uses prohibited. ¶

No use which violates California state law and/or federal law shall be permitted in any zoning district in the City of Monte Sereno. All uses which are not authorized by this Chapter either by specific listing or by category are prohibited.

(Ord. NS-199, § 4, 1-26-2016)

Chapter 10.04 - INCORPORATON OF ZONING MAP

Sections:

10.04.010 - Official zoning map and its information established. ¶

The designations, location and boundaries of the districts established in Chapter 5 of this Title shall be located as set forth in Section 10.04.020, which consists of the zoning map or maps of the City. Said map or maps and all notations, references, data and other information shown thereon are hereby adopted and made a part of this Title.

10.04.020 - Official zoning map. ¶

The zoning map or maps of the City of Monte Sereno, copies of which shall be kept on file in the office of the City Clerk, are hereby adopted and may be changed from time to time by ordinance of the City Council. The Site and Architecture Commission shall study and provide recommendation to the City Council on any amendment to a zoning map of the City of Monte Sereno prior to its adoption by ordinance.

(Ord. NS-223, § 3, 4-7-2020)

10.04.030 - Interpretation of district boundaries. ¶

Where uncertainty exists as to the boundaries of any of the zoning districts as shown on said zoning maps, the following rules shall apply:

Where such boundary is indicated as approximately following a street or alley right-of-way line, such street or alley right-of-way line shall be deemed to be such boundary.

Where such boundary is indicated as approximately following a lot line, such lot line shall be deemed to be such boundary.

B.

In unsubdivided property and where a district boundary divides property, the location of any such boundary, unless the same is indicated by dimensions shown on the zoning map, shall be determined by the use of the scale appearing on said map.

C.

If other uncertainty should exist, the City Council shall determine the location of such boundaries upon written application or upon its own motion.

Chapter 10.05 - ZONING DISTRICT REGULATIONS

10.05.010 - Zoning district designations. ¶

The following zoning districts are hereby established in the City:

R 1-44 Residential District, Forty-three thousand five hundred sixty (43,560) sq. ft. or more.

R 1-20 Residential District, Twenty thousand (20,000) sq. ft. lot size or more.

R 1-8 Residential District, Eight thousand (8,000) sq. ft. lot size or more.

RM Residential Multi-Family District, Fourteen thousand five hundred twenty (14,520) sq. ft. lot size or more.

P Public District, Eight thousand (8,000) sq. ft. lot size or more.

P/RM Public/Residential Multi-Family District, Eight thousand (8,000) sq. ft. lot size or more.

Cluster development may be conditionally permitted in all R 1-8, RM and P/RM Residential Districts in accordance with Section 10.05.050 of this Chapter.

PD Planned Development District:

A.

The Planned Development District is hereby established as a city zoning district classification in all general plan residential land use designations. It may be referred to as Planned Development Zone, Planned Development District or as PD District or PD Zone.

B.

Every PD District shall be combined with an alternative residential base zoning district or districts. Any zoning district set forth in Section 10.05.010 may be utilized as a base district. The zone shall be referred to by the symbol for its base district followed by its Planned Development District designation (e.g., RM(PD)).

The PD District can only be applied to a site of at least four (4) contiguous gross acres in size.

D.

The PD District shall be individually designed to meet the needs of the territory so zoned. It shall be adopted by a zoning ordinance which incorporates by reference a general development plan for the entirety of the subject property. The general development plan shall include drawings and text as specified in Section 10.05.047. Development of the subject property can hereafter occur only pursuant to an effective PD permit issued in strict conformity with the adopted general development plan or alternatively, in accordance with the requirements for the base district if one exists.

E.

Under no circumstances shall the City ever be required to approve a PD Zoning District. The discretion to grant or deny such permit is unrestricted and nothing contained in this Title shall be deemed or construed to limit the discretion in any way whatsoever. Unless and until a PD permit has been issued and becomes effective, the subject territory may be used only as if it were situated in the base district alone.

(Ord. NS-208, § 1, 12-6-2016; Ord. NS-215, § 1, 4-3-2018)

10.05.020 - "R-1-44" Residential District. ¶

R-1-44 Residential District:

A.

Uses permitted by right. The following uses are permitted in R-1-44 Districts:

1.

One (1) single-family dwelling per lot.

2.

Accessory buildings/structures.

3.

Horticulture.

4.

One (1) small animal consisting of rabbits or poultry for each three thousand (3,000) square feet of land excluding guinea fowl, pea fowl, crowing roosters, or quacking ducks. A maximum of twelve (12) such permitted animals may be kept on each lot. All animals shall be penned or kept in a corral on the rear onehalf of the property.

5.

A maximum of four (4) dogs and/or cats (not to exceed four (4) animals) over four (4) months of age provided they are not kept for sale or resale nor for commercial breeding, boarding or veterinary care.

Home occupation.

7.

Renting of rooms and/or providing of table board to not more than two (2) persons as long as no kitchen facilities, other than those of the single kitchen of the main dwelling are installed or used.

8.

Storage of one (1) trailer coach less than forty (40) feet in length, provided, that said trailer coach, as defined in the Vehicle Code, is not used for dwelling purposes and is stored in the side yard or rear yard only, and further provided that said trailer coach is not of such size or weight as to require a special endorsement for size or weight on the driver's license.

9.

Residential care homes, supportive housing, employee housing, and transitional housing.

10.

Accessory dwelling unit.

11.

Junior accessory dwelling unit.

B.

Uses permitted subject to securing a use permit. The following uses may be permitted in R-1-44 Districts subject to the securing of a use permit in each case as provided in this Chapter:

1.

Public schools.

2.

Churches.

3.

Community centers.

4.

Public recreation facilities.

5.

Noncommercial swimming and tennis clubs.

6.

Horses, cows, llamas, but not to exceed a total of two (2) per acre, and which shall be penned or kept in a corral on the rear one-half of the property.

7.

One (1) private stable for not more than the permitted number of domestic animals, provided that the stable is not used for rental or other commercial purposes.

8.

(10,000) square feet of land. Provided, however, the total number of medium size animals on any parcel of land shall not exceed four (4), and they shall be penned or kept in a corral on the rear one-half of the property. One (1) litter produced by the medium size animals during each calendar year may be kept on the property for which the use permit was issued for not more than a total of four (4)

months, provided they are not kept for sale or resale nor for commercial breeding, boarding, nor veterinary care. At the expiration of four (4) months, the animals in the litter shall be considered to be adult animals and subject to the limitation as to the number of animals which may be kept on the property set forth herein.

C.

Development standards. The following development standards shall apply in R-1-44 Districts:

1.

Minimum lot area and frontage. The minimum lot area shall be forty-three thousand five hundred sixty (43,560) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code. The minimum lot frontage shall be one hundred twenty (120) feet on any public or private street frontage.

2.

Front setback. The minimum front setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Forty-five (45) feet.

c.

Accessory buildings or structures are not allowed in the front yard as defined in Section 10.01.020 AX.

Side setback, interior. The minimum side interior setback shall be as follows:

a.

Single-story building: Twenty (20) feet.

b.

Second-story portion of building: Forty (40) feet.

c.

Accessory building or structure: Six (6) feet.

3.1.

Side setback, corner. The minimum side corner setback shall be as follows:

Single-story building: Twenty-five (25) feet.

b.

Second-story portion of a building: Forty-two and one-half (42½) feet.

c.

Accessory building or structure: The required side corner setback along the abutting street shall be the same as the side corner setback required for main buildings.

Notwithstanding subsections C.3.1.a, b, and c, above, if there is a key lot to the rear of said corner lot, the required side setback for all buildings on said corner lot along the abutting street shall be the average of the side setback ordinarily required for said corner lot and the front setback for the key lot.

4.

Rear setback. The minimum rear setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Forty (40) feet.

c.

Accessory building or structure: Ten (10) feet.

4.1.

Each of the minimum front, side, and rear setbacks shall be increased by five (5) feet for each twenty-one thousand seven hundred eighty (21,780) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district, or per the slope density formula as set forth in the Subdivision Title of this Code should the lot qualify, but does not exceed maximum area of two (2) acres. In the case of a lot line adjustment, when a lot with an existing conforming structure increases in size, no increases in setbacks are required for the existing structure. However, if the floor area of the structure is increased at any time after the lot line adjustment, the increased setbacks shall apply.

4.2.

The waterline of a spa, tub, and/or swimming pool, or any structure related thereto, located in the ground, or any portion of which is in the ground shall be located not less than twelve (12) feet from any property line and not less than eight (8) feet from any structure. Any spa, tub, or swimming pool which is located entirely above ground shall be located not less than twelve (12) feet from any property line.

5.

Maximum building height.

a.

The maximum building height shall be as follows:

(1)

Single-story building: Fourteen (14) feet.

(2)

Second-story portion of building: Twenty-one (21) feet.

(3)

Accessory building or structure: Twelve (12) feet.

6.

The maximum height of any building or structure may be increased by an additional one (1) foot for each two (2) feet that portion of the structure is further distanced from the minimum applicable setback; provided, however, at no time shall the maximum height exceed the following:

a.

Twenty-one (21) feet for any single-story structure, or single-story portion of a two (2) story building or any detached accessory building or structure.

b.

Thirty (30) feet for any two-story structure.

c.

The height of any main building shall not exceed two (2) stories. All other detached buildings or structures, including accessory dwelling units, shall not exceed one (1) story.

7.

Maximum Building Size. The maximum size of a main building including required enclosed parking, attached or detached, and excluding attached or detached accessory dwelling units, and detached accessory buildings is as follows:

a.

Single-story building: Six thousand six hundred (6,600) square feet.

b.

Two-story building: Six thousand (6,000) square feet.

c.

Accessory building or structure: One thousand (1,000) square feet.

d.

The maximum size of any primary residence may be increased by 0.075 square feet for each one (1) square foot contained in the parcel of property in excess of forty-four thousand (44,000) square feet or the minimum required per the slope density formula should it qualify, whichever is greater.

8.

Off-Street Parking. Off-street parking shall be provided as follows:

a.

Lot with on-street parking: Two (2) enclosed and two (2) uncovered parking spaces.

b.

Lot without on-street parking: Two (2) enclosed and five (5) uncovered parking spaces.

9.

Maximum Structural Coverage. The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Twenty percent (20%).

Notwithstanding subsection C.9.a of this Section, the allowed structural coverage shall be decreased by two percent (2%) for each twenty-one thousand seven hundred eighty (21,780) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district; or required by the slope density formula should it qualify; provided, however, the percentage shall not be reduced below twelve percent (12%) or twenty thousand (20,000) square feet, whichever is less.

10.

Maximum Impervious Coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Thirty percent (30%).

b.

Notwithstanding subsection C.10.a above, the allowed impervious coverage shall be decreased by two percent (2%) for each twenty-one thousand seven hundred eighty (21,780) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required; or shall be decreased by two percent (2%) for each five percent (5%) of slope that the parcel exceeds a ten percent (10%) average slope, whichever formula reduction is greatest; provided, however, the percentage shall not be reduced below twelve percent (12%) or exceed thirty thousand (30,000) square feet, whichever is less.

11.

Each parcel of property or lot, as the case may be, having either more or less lot area than the minimum required in this residential zoning district shall comply with all of the regulations of the residential zoning district whose minimum lot area requirement is closest to the actual lot area of the particular parcel of property or lot.

(Ord. 134 §§ 2, 3, 2002; Ord. 124 §§ 4, 5, 2000; Ord. 114 §§ 1, 2, 1999)

(Ord. NS-181, § 4, 6-19-2012; Ord. NS-191, §§ 1, 2, 10-1-2013; Ord. NS-198, § 1, 11-3-2015; Ord. NS-218, § 1, 5-7-2019; Ord. NS-222, § 4, 2-18-2020; Ord. NS-242, §§ 2, 12, 12-3-2024)

10.05.030 - "R-1-20" Residential District.

R-1-20 Residential District.

A.

Uses Permitted by Right. The following uses are permitted in R-1-20 Districts:

1.

Single one-family dwelling per lot.

Accessory buildings/structures.

3.

Horticulture.

4.

One (1) small animal consisting of rabbits or poultry for each three thousand (3,000) square feet of land, excluding guinea fowl, pea fowl, crowing roosters or quacking ducks. A total of twelve (12) such permitted animals may be kept on each lot. All animals shall be penned or kept in a corral on the rear one-half of the property.

5.

A maximum of four (4) dogs and/or cats (not to exceed four (4) animals) over four (4) months of age, provided they are not kept for sale or resale nor commercial breeding, boarding or veterinary care.

6.

Home occupations.

7.

Renting of rooms and/or the providing of table board to not more than two (2) persons so long as no kitchen facilities, other than those of the single kitchen of the main dwelling are installed or used.

8.

Storage of one (1) trailer coach less than forty (40) feet in length; provided, that said trailer coach is not used for dwelling purposes and is stored in the side yard or rear yard only; and further provided, that said trailer coach is not of such size or weight as to require a special endorsement for size or weight on the driver's license.

9.

Residential care homes, supportive housing, employee housing, and transitional housing.

10.

Accessory dwelling unit.

11.

Junior accessory dwelling unit.

B.

Uses Permitted Subject to Securing a Use Permit. The following uses may be permitted in R-1-20 Districts subject to the securing of a use permit in each case as provided in Chapter 10.10:

1.

Public schools.

2.

Churches.

3.

Community centers.

4.

Public recreation facilities.

5.

Noncommercial swimming and tennis clubs.

6.

Two (2) medium size animals consisting of sheep or goats (but excluding swine or adult unneutered male goats) for each twenty thousand (20,000) square feet of land, and one (1) more medium size animal for each additional ten thousand (10,000) square feet of land. Provided, however, the total number of medium size animals on any parcel of land shall not exceed four (4), and they shall be penned or kept in a corral on the rear one-half of the property. One (1) litter produced by the medium size animals during each calendar year may be kept on the property for which the use permit was issued for not more than a total of four (4) months, provided they are not kept for sale or resale, nor for commercial breeding, boarding, nor veterinary care. At the expiration of four (4) months, the animals in the litter shall be considered to be adult animals and subject to the limitation as to the number of animals which may be kept on the property set forth herein.

Development Standards. The following development standards shall apply in R-1-20 Districts:

1.

Minimum lot area and frontage. The minimum lot area shall be twenty-one thousand seven hundred eighty (21,780) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code. Minimum lot frontage shall be one hundred (100) feet on any public or private street frontage.

2.

Front setback. The minimum front setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Forty (40) feet.

c.

Accessory buildings or structures are not allowed in the front yard as defined in Section 10.01.020 AX.

3.

Side setback, interior. The minimum side interior setback shall be as follows:

a.

Single-story building: Fifteen (15) feet.

b.

Second-story portion of building: Twenty (20) feet.

Accessory building or structure: Six (6) feet.

3.1.

Side setback, corner: The minimum side corner setback shall be as follows:

a.

Single-story building: Twenty-two and one-half (22½) feet.

b.

Second-story portion of a building: Thirty (30) feet.

c.

Accessory building or structure: the required side corner setback along the abutting street shall be the same as the side corner setback required for main building.

4.

Rear setback. The minimum rear setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Forty (40) feet.

c.

Accessory building or structure: Six (6) feet.

4.1.

Each of the minimum front, side and rear setbacks shall be increased by five (5) feet for each ten thousand (10,000) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district, or per the slope density formula as set forth in the Subdivision Title of this Code should the lot qualify. In the case of a lot line adjustment, when a lot with an existing conforming

structure increases in size, no increases in setbacks are required for the existing structure. However, if the floor area of the structure is increased at any time after the lot line adjustment, the increased setbacks shall apply.

4.2.

5.

Maximum building height:

a.

The maximum building height at the setback line shall be as follows:

(1)

Single-story building: Fourteen (14) feet.

(2)

Two-story building: Twenty-one (21) feet.

(3)

Accessory building or structure: Twelve (12) feet.

6.

The maximum height of any building or structure may be increased by an additional one (1) foot for each foot that portion of the structure is further distanced from the minimum applicable setback; provided, however, at no time shall the maximum height exceed the following:

a.

Twenty-one (21) feet for any single-story structure, or single-story portion of a two-story building or any detached accessory building or structure.

b.

Thirty (30) feet for any two-story structure.

c.

The height of any main building shall not exceed two (2) stories. All other detached buildings or structures, including accessory dwelling units, shall not exceed one (1) story.

7.

Maximum building size. The maximum size of a building including required enclosed parking, attached or detached, and excluding attached or detached accessory dwelling units, and detached accessory buildings, is as follows:

a.

Single-story building: Four thousand nine hundred fifty (4,950) square feet.

b.

Two-story building: Four thousand five hundred (4,500) square feet.

c.

Accessory building or structure: Eight hundred (800) square feet.

d.

The maximum size of the primary residence may be increased by 0.050 square feet for each one (1) square foot contained in the parcel of property in excess of twenty-four thousand (24,000) square feet, or the minimum required per the slope density should it qualify, whichever is greater; but not to exceed a maximum of six thousand (6,000) square feet.

8.

Off-street parking. Off-street parking shall be provided as follows:

a.

Lot with on-street parking: Two (2) enclosed and two (2) uncovered parking spaces.

b.

Lot without on-street parking: Two (2) enclosed and four (4) uncovered parking spaces.

Maximum structural coverage. The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Thirty percent (30%).

b.

Notwithstanding subsection 9.a of this Section the structural coverage shall be decreased by two (2) percent for each six thousand (6,000) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district, or per the slope density formula as set forth in the Subdivision Title of this Code should the lot qualify.

10.

Maximum impervious coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Forty percent (40%).

b.

The maximum impervious coverage shall be decreased by two percent (2%) for each six thousand (6,000) square feet by which the area of a parcel of property or lot exceeds the minimum lot area required in this residential zoning district; or be decreased by two percent (2%) for each five percent (5%) of slope that the parcel exceeds a ten percent (10%) average slope, whichever formula reduction is greatest; provided, however, the coverage shall not exceed twenty thousand (20,000) square feet, whichever is less.

11.

(Ord. 134 §§ 4, 5, 2002; Ord. NS-167, § 1, 5-5-2009; Ord. NS-181, § 5, 6-19-2012; Ord. NS-191, §§ 3, 4, 10-1-2013; Ord. NS-198, § 2, 11-3-2015; Ord. NS-218, § 2, 5-7-2019; Ord. NS-222, § 5, 2-18-2020; Ord. NS-242, §§ 3, 13, 12-3-2024)

10.05.040 - "R-1-8" Residential District. ¶

R-1-8 Residential District.

Uses Permitted by Right. The following uses are permitted in R-1-8 Districts:

1.

One (1) single-family dwelling per lot.

2.

Accessory buildings/structures.

3.

Horticulture.

4.

A maximum of four (4) dogs and/or cats (not to exceed four (4) animals over four (4) months of age provided, they are not kept for sale or resale nor commercial breeding, boarding or veterinary care.

5.

Home occupations.

6.

7.

One (1) small animal consisting of rabbits or poultry for each three thousand (3,000) square feet of land, excluding guinea fowl, pea fowl, crowing roosters, or quacking ducks. A total of twelve (12) such permitted animals may be kept on each lot. All animals shall be penned or kept in a corral on the rear one-half of the property.

8.

Storage of one (1) trailer coach less than forty (40) feet in length; provided that said trailer coach is not used for dwelling purposes and is stored in the side yard or rear yard only, and further provided that said trailer coach is not of such size or weight as to require a special endorsement for size or weight on the driver's license.

9.

Residential care homes, supportive housing, employee housing, and transitional housing.

10.

Accessory dwelling unit.

Junior accessory dwelling unit.

B.

Uses Permitted Subject to Securing a Use Permit. The following uses may be permitted in R-1-8 Districts subject to the securing of a use permit in each case as provided in Chapter 10:

1.

Public schools.

2.

Churches.

3.

Community centers.

4.

Public recreation facilities.

5.

Noncommercial swimming and tennis clubs.

6.

Two (2) medium size animals consisting of sheep or goats (but excluding swine or adult unneutered male goats) for each twenty thousand (20,000) square feet of land, and one (1) more medium size animal for each additional ten thousand (10,000) square feet of land, provided, however, the total number of medium size animals on any parcel of land shall not exceed four (4), and they shall be penned or kept in a corral on the rear one-half of the property. One (1) litter produced by the medium size animals during each calendar year may be kept on the property for which the use permit was issued for not more than a total of four (4) months, provided they are not kept for sale or resale, nor for commercial breeding, boarding, nor veterinary care. At the expiration of four (4) months, the animals in the litter shall be considered to be adult animals and subject to the limitations as to the number of animals which may be kept on the property set forth herein.

C.

Development Standards. The following development standards shall apply in R-1-8 Districts:

1.

Minimum lot area and frontage. The minimum lot area shall be eight thousand (8,000) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code. The minimum lot frontage shall be seventy (70) feet on any public or private street frontage.

Front setback. The minimum front setback shall be as follows:

a.

Single-story building: Twenty-five (25) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory buildings or structures are not allowed in the front yard as defined in Section 10.01.020 AX.

3.

Side setback. The minimum side setback shall be as follows:

a.

Single-story building: Six (6) feet.

b.

Second-story portion of building: Ten (10) feet.

c.

Accessory building or structure: Six (6) feet.

3.1.

Side setback, corner. The minimum side corner setback shall be as follows:

a.

Single-story building: Fifteen and one-half (15½) feet.

b.

Second-story portion of a building: Twenty (20) feet.

c.

Accessory building or structure: The required side corner setback along the abutting street shall be the same as the side corner setback required for main buildings.

Rear setback. The minimum rear yard shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory building or structure: Six (6) feet.

4.1.

Each of the minimum front, side, and rear yard setbacks shall be increased by two and one-half (2½) feet for single story portion and by five (5) feet for second story portion for each six thousand (6,000) square feet that the lot exceeds the minimum lot area required by this zoning district, or per the slope density formula as set forth in the Subdivision Title of this Code should the lot qualify. In the case of a lot line adjustment, when a lot with an existing conforming structure increases in size, no increases in setbacks are required for the existing structure. However, if the floor area of the structure is increased at any time after the lot line adjustment, the increased setbacks shall apply.

4.2.

The waterline of a spa, tub, and/or swimming pool, or any structure related thereto, located in the ground, or any portion of which is in the ground shall be located not less than ten (10) feet from any property line and not less than six (6) feet from any structure. Any spa, tub, or swimming pool which is located entirely above ground shall be located not less than ten (10) feet from any property line.

5.

Maximum building height.

a.

The maximum building height at the setback line shall be as follows:

(1)

Single-story building: Fourteen (14) feet.

(2)

Two-story building: Twenty-one (21) feet.

(3)

Accessory building: Twelve (12) feet.

b.

The maximum height of a building may be increased by an additional one (1) foot for each foot that portion of the structure is further distanced from the minimum applicable setback; provided, however, at no time shall the maximum height exceed the following:

(1)

Twenty-one (21) feet for any single-story structure or single-story portion of a two-story building.

(2)

The maximum height of any detached accessory building shall not exceed twelve (12) feet.

(3)

Thirty (30) feet for any two-story structure.

c.

The height of any main building shall not exceed two (2) stories. All other detached buildings or structures, including accessory dwelling units, shall not exceed one (1) story.

6. a.

Single-story building: Three thousand three hundred (3,300) square feet.

b.

Two-story building: Three thousand (3,000) square feet.

c.

Accessory building or structure: Six hundred (600) square feet.

d.

The maximum size of the primary residence may be increased by 0.15 square feet for each one (1) square foot contained in the parcel of property in excess of ten thousand (10,000) square feet, or minimum required by the slope density formula should it qualify, whichever is greater.

7.

Maximum structural coverage. The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

Forty percent (40%).

b.

Notwithstanding subsection C.7.a of this Section the structural coverage shall be decreased by two percent (2%) for each two thousand (2,000) square feet by which the area of the parcel of property or lot exceeds twelve thousand (12,000) square feet.

8.

Maximum impervious coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Sixty percent (60%).

b.

The maximum impervious coverage shall be decreased by four percent (4%) for each two thousand (2,000) square feet by which the area of a parcel of property or lot exceeds twelve thousand (12,000) square feet, or shall be decreased by two percent (2%) for each five percent (5%) of the slope that the parcel exceeds a ten percent (10%) average slope, whichever formula reduction is the greatest, provided, in no event shall the impervious coverage on any parcel of property exceed twenty thousand (20,000) square feet.

9.

Off-street parking. Off-street parking shall be provided as follows:

a.

Lot with on-street parking: Two (2) enclosed and two (2) uncovered parking spaces.

b.

Lot without on-street parking: Two (2) enclosed and three (3) uncovered parking spaces.

(Ord. 134 § 7, 2002; Ord. NS-167, § 2, 5-5-2009; Ord. NS-176, § 1, 5-3-2011; Ord. NS-181, § 6, 6-19-2012; Ord. NS-191, §§ 5, 6, 10-1-2013; Ord. NS-198, § 3, 11-3-2015; Ord. NS-198, § 2, 11-3-2015; Ord. NS-218, § 3, 5-7-2019; Ord. NS-222, § 6, 2-18-2020; Ord. NS-242, § 4, 12-3-2024)

10.05.043 - RM- Multi-Family Residential District. ¶

RM- Multi-Family Residential District.

A.

Uses Permitted by Right. The following uses are permitted in RM District:

a.

One (1) single-family dwelling per lot; or

One (1) duplex per lot; or

One (1) triplex per lot.

2.

Only one (1) accessory building.

3.

A maximum of two (2) dogs and/or cats (not to exceed two (2) animals over four (4) months of age provided, they are not kept for sale or resale nor commercial breeding, boarding or veterinary care.

4.

Home occupations.

5.

6.

Residential care homes, supportive housing, employee housing, and transitional housing.

7.

Accessory dwelling unit where lot is used as residential.

8.

Junior accessory dwelling unit, where lot is used as residential.

B.

Uses Permitted Subject to Securing a Use Permit. The following uses may be permitted in RM Districts subject to the securing of a use permit in each case as provided in Chapter 10:

1.

Churches.

Community centers.

3.

Public recreation facilities.

4.

Noncommercial swimming and tennis clubs.

5.

Any accessory building/structure exceeding one (1) per lot.

C.

Development Standards. The following development standards shall apply in RM Districts:

1.

Minimum net lot size per unit. The minimum net lot size per unit shall be fourteen thousand five hundred twenty (14,520) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code.

2.

Front setback. The minimum front setback shall be as follows:

a.

Single-story building: Twenty-five (25) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory buildings or structures are not allowed in the front yard as defined in Section 10.01.020 AX.

3.

Side setback. The minimum side setback shall be as follows:

a.

Single-story building: Six (6) feet.

b.

Second-story portion of building: Ten (10) feet.

c.

Accessory building or structures: Six (6) feet.

3.1.

Side setback, corner. The minimum side corner setback shall be as follows:

a.

Single-story building: Fifteen and one-half (15½) feet.

b.

Second-story portion of a building: Twenty (20) feet.

c.

Accessory building or structure: The required side corner setback along the abutting street shall be the same as the side corner setback required for main buildings.

4.

Rear setback. The minimum rear setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory building or structure: Six (6) feet.

5.

Each of the minimum front, side, and rear setbacks shall be increased by two and one-half (2½) feet for single story portion and by five (5) feet for second story portion for each six thousand (6,000) square feet that the lot exceeds the minimum lot size. In the case of a lot line adjustment, when a lot with an existing conforming structure increases in size, no increases in setbacks are required for the existing structure. However, if the floor area of the structure is increased at any time after the lot line adjustment, the increased setbacks shall apply.

6.

7.

Maximum building height.

a.

The maximum building height at the setback line shall be as follows:

(1)

Single-story building: Fourteen (14) feet.

(2)

Two-story building: Twenty-one (21) feet.

b.

(1)

Twenty-one (21) feet for any single-story structure or single-story portion of a two-story building.

(2)

The height of any main building shall not exceed two (2) stories. All other detached buildings or structures, including accessory dwelling units, shall not exceed one (1) story.

(3)

Thirty (30) feet for any two-story structure.

8. a.

Single-story building: Two thousand six hundred (2,600) square feet.

b.

Two-story building: Two thousand six hundred (2,600) square feet.

c.

Accessory building: Six hundred (600) square feet.

d.

The maximum size of the primary residence may be increased by 0.18 square feet for each one (1) square foot contained in the parcel of property in excess of fourteen thousand five hundred twenty (14,520) square feet.

9.

Maximum structural coverage: The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Forty percent (40%).

b.

Notwithstanding subsection C.9.a. of this Section, the allowed structural coverage shall be decreased by two percent (2%) for each two thousand (2,000) square feet by which the area of a parcel of property or lot exceeds twelve thousand (12,000) square feet; or shall be decreased by two percent (2%) for each five percent (5%) of slope that the parcel exceeds a ten percent (10%) average slope, whichever formula reduction is greatest; provided, however, the percentage shall not be reduced below.

10.

Maximum impervious coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot) is as follows:

a.

Sixty percent (60%).

b.

Two-story building: Sixty percent (60%).

c.

Notwithstanding subsection C.9.a. of this Section, the allowed impervious coverage shall be decreased by four percent (4%) for each two thousand (2,000) square feet by which the area of a parcel of property or lot exceeds twelve thousand (12,000) square feet, or by two percent (2%) for each five percent (5%) of slope that the parcel exceeds a ten percent (10%) average slope, whichever formula reduction is greatest,

provided, however, in no event shall the impervious coverage on any parcel of property be reduced below twelve percent (12%) or exceed twenty thousand (20,000) square feet whichever is less.

11.

Off-street parking. Off-street parking shall be provided as follows:

a.

Lot with on-street parking: One (1) covered and one (1) uncovered parking spaces.

b.

Lot without on-street parking: One (1) covered and one (1) uncovered parking spaces.

(Ord. NS-187, § 1, 9-3-2013; Ord. NS-198, § 4, 11-3-2015; Ord. NS-206, §§ 1, 2, 11-1-2016; Ord. NS-222, § 7, 2-18-2020; Ord. NS-242, § 5, 12-3-2024)

10.05.045 - Public ("P") Zoning District/Public/Residential Multi-Family District.

A.

Uses Permitted by Right. The following uses are permitted in the P District:

1.

Public facilities.

2.

Emergency shelters as defined in California Health and Safety Code section 50801(e) operating under the following standards:

a.

Up to three (3) beds shall be permitted on the premises;

b.

No more than three (3) clients shall be permitted on the premises at any time. Families consisting of not more than three (3) individuals shall be permitted on the premises. A family consisting of three (3) individuals must include at least one (1) adult and at least one (1) member under the age of eighteen (18);

c.

An on-site management plan is subject to review and approval by the City Manager and shall include, but not be limited to, the number of employees, hours of operation, provision for transporting residents, provisions for providing personal hygiene, and provision for supplying food;

d.

All waiting and client in-take areas shall be entirely within the building enclosing the emergency shelter;

e.

On-site management of the operation shall be present at all times that the facility is in operation;

f.

Clients are limited to stays of no more than thirty (30) days;

g.

One (1) parking space per employee of the emergency shelter shall be provided; and

h.

The facility shall comply with all the health and safety requirements of County, State and Federal governments.

3.

Residential care homes, supportive housing, employee housing, low barrier navigation centers as defined by Government Code section 65660, and transitional housing.

B.

Uses permitted subject to securing a use permit. The following uses may be permitted in the P District subject to the securing of a use permit in each case as provided in Chapter 10:

1.

Churches.

2.

Community centers.

3.

Public recreation facilities.

4.

Any accessory building exceeding one (1) per lot.

C.

The following uses are additional uses permitted in the Public/Residential Multi-Family (P/RM) District when used in conjunction or simultaneously with a permitted or conditional use allowed in the P District:

One (1) dwelling unit per lot which must be attached to one (1) or two (2) additional dwelling units. Each unit must have a net lot size of no less than eight thousand (8,000) square feet unless it meets the requirements of cluster development as defined in Section 10.05.010.

2.

One (1) accessory building in addition to the dwelling.

3.

A maximum of two (2) dogs and/or cats (not to exceed to (2) animals over four (4) months of age provided, they are not kept for sale or resale nor commercial breeding, boarding or veterinary care.

4.

Home occupations.

5.

Renting of rooms and/or providing of table board to not more than two (2) persons so long as no kitchen facilities, other than those of the single kitchen of the main dwelling are installed or used.

6.

Reserved.

7.

Accessory dwelling unit where lot is used for residential uses.

8.

Junior accessory dwelling unit where lot is used for residential uses.

D.

Development Standards. The following development standards shall apply in the P and P/RM Overlay Districts:

1.

Minimum net lot size per unit: The minimum net lot size shall be eight thousand (8,000) square feet or the minimum as required by the slope density formula as set forth in the Subdivision Title of this Code.

2.

Front setback: The minimum front setback shall be as follows:

a.

Single-story building: Twenty-five (25) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory buildings/structures are not allowed in the front yard as defined in Section 10.01.020 AX.

3.

Side setback: The minimum side setback for single-family units shall be as follows:

a.

Single-story building: Six (6) feet.

b.

Second-story portion of building: Ten (10) feet.

Accessory building or structures: Six (6) feet.

3.1.

Side setback, corner. The minimum side corner setback shall be as follows:

a.

Single-story building: Fifteen and one-half (15½) feet.

b.

Second-story portion of a building: Twenty (20) feet.

c.

Accessory building or structure: The required side corner setback along the abutting street shall be the same as the side corner setback required for main buildings.

4.

Rear setback: The minimum rear setback shall be as follows:

a.

Single-story building: Thirty (30) feet.

b.

Second-story portion of building: Thirty (30) feet.

c.

Accessory building or structure: Six (6) feet.

4.1.

Each of the minimum front, side and rear setbacks shall be increased by two and one-half (2½) feet for single story portion and by five (5) feet for second story portion for each six thousand (6,000) square feet that the lot exceeds the minimum lot size. In the case of a lot line adjustment, when a lot with an existing conforming structure increases in size, no increases in setbacks are required for the existing structure. However, if the floor area of the structure is increased at any time after the lot line adjustment, the increased setbacks shall apply.

4.2.

4.3.

Setback modification for P/RM District. At the point where one (1) dwelling unit is attached to another dwelling unit, the applicable setback is reduced to zero feet (0') for that portion of the dwelling unit.

5.

Maximum building height.

a.

The maximum building height at the setback line shall be as follows:

(1)

Single-story building: Fourteen (14) feet.

(2)

Two-story building: Twenty-one (21) feet.

(3)

The maximum height of any detached accessory building shall not exceed twelve (12) feet.

b.

(1)

Twenty-one (21) feet for any single-story structure or single-story portion of a two-story building.

(2)

Thirty (30) feet for any two-story structure.

(3)

The height of any main building shall not exceed two (2) stories. All other detached buildings or structures, including accessory dwelling units, shall not exceed one (1) story.

5.1.

Maximum building size in the P/RM Overlay District. The maximum size of each dwelling unit including required parking and excluding detached accessory buildings is as follows:

a.

Single-story building: Three thousand three hundred (3,300) square feet.

b.

Two-story building: Three thousand (3,000) square feet.

6.

Maximum structural coverage. The maximum structural coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot), is as follows:

a.

Single-story building: Forty percent (40%).

b.

Two-story building: Forty percent (40%).

c.

The structural coverage allowed for detached buildings is included in the structural coverage allowed for a single-story or two-story building, as the case may be.

d.

The structural coverage shall be decreased by two percent (2%) for each two thousand (2,000) square feet by which the area of a parcel of property or lot exceeds twelve thousand (12,000) square feet.

6.1.

Maximum impervious coverage. The maximum impervious coverage allowed on a parcel of property (expressed in a percentage of the area of the parcel or lot), is as follows:

a.

Single-story building: Sixty percent (60%).

Two-story building: Sixty percent (60%).

6.1.

Off-street parking. Off-street parking shall be provided as follows:

One (1) covered and one (1) uncovered parking spaces.

(Ord. NS-183, § 1, 7-17-2012; Ord. NS-208, § 2, 12-6-2016; Ord. NS-222, § 8, 2-18-2020; Ord. NS-242, §§ 6, 7, 12-3-2024)

10.05.046 - Design review. ¶

All structures shall be subject to design review approval in accordance with the provisions of Chapter 8 of this Title.

(Ord. NS-187, § 2, 9-3-2013)

10.05.047 - Planned Development District.

PD District Effectuated.

1.

The PD District is effectuated by the issuance of a valid planned development permit in compliance with the PD District.

2.

If such planned development permit expires without subsequent issuance of a building permit, or if such building permit expires without construction having commenced, the PD District will be deemed not to have been effectuated.

B.

Uses.

1.

The use regulations for territory situated in a Planned Development District shall be as follows:

a.

Unless and until a planned development permit has been issued and been effectuated, property in such territory may be used only as if it were it its base district alone.

b.

If a planned development permit is effective, any use or combination of uses provided for in said permit is allowed in accordance with and in strict compliance with all terms, provisions and conditions of said permit. Each permitted use shall be confined and limited to the particular location designated therefore in said permit. No use, other than the particular uses specified in the permit, shall be permitted, except as set forth elsewhere in this Title.

2. Development regulations.

a.

Except where a planned development permit has been implemented, the regulations for development, signs, off-street parking applicable to its base district zoning shall apply to all property located in the territory in the Planned Development District.

3.

When a PD permit has been implemented, the provisions of such permit shall prevail over the regulations applicable to the base district zoning of the property. No structure, facility, improvement or sign of any kind shall be constructed upon such property except in strict compliance with all provisions of such PD permit. In particular:

a.

No structure, facility, improvements, or sign shall be constructed upon such property except the particular structures, facilities, improvements, and signs specified in such permit.

b.

Each structure, facility, improvement or sign shall have the exact height, floor area, and dimensions specified for it in such permit.

c.

Each structure or facility used for off-street parking shall have the exact number of off-street parking spaces, and other areas, specified for it in such permit.

d.

Each structure, facility, improvement or sign shall be constructed at the particular location and cover the exact surface area designated for it in such permit.

e.

Each structure, facility, improvement and sign shall be constructed and maintained in strict compliance with all conditions of the PD permit.

4.

Residential care and supportive housing facilities. Unless expressly prohibited by the Planned Development Zoning Ordinance, residential care and supportive housing facilities are permitted in any Planned Development Zoning District.

(Ord. NS-215, § 2, 4-3-2018)

10.05.050 - Cluster housing. ¶

The provisions in this Chapter allow a special residential development exception to the minimum development standards generally required in the R-1-8, RM and P/RM zoning districts by allowing the clustering of homes on smaller lots. In order to take advantage of the exceptions, the following development standards shall apply to cluster development in R-1-8, RM and P/RM Districts:

A.

Minimum site area for cluster development shall be three (3) acres, exclusive of existing rights-of-way for street purposes, in one (1) or more contiguous parcels and held in one (1) ownership.

1.

Density of development shall be determined by the following formula where X equals the maximum number of dwelling units to the nearest whole number and L equals the minimum lot size:

X = site area in square feet (as defined in A above)

L + 2,100 square feet

The minimum lot size "L" shall be determined by the following formula where S is the percent slope of the site as defined in the Monte Sereno Subdivision Chapter and expressed as a whole number:

L = 43,560 square feet 5.45 -.089 S

The addition to minimum lot size of two thousand one hundred (2,100) square feet is a fixed allowance for new streets based on the standard right-of-way width of thirty (30) feet for a half-street serving lots with minimum frontage of seventy (70) feet.

B.

Each dwelling unit to have its own lot. Dwellings may be detached or attached, but no more than three (3) dwelling units may be attached in a single building.

C.

The lot for each dwelling unit shall have an area of at least one and five-tenths (1.5) times the total floor space of the dwelling or the ground coverage of all buildings and structures on the lot, whichever is larger, but in no event shall any lot have less than four thousand (4,000) square feet.

D.

Maximum ground coverage for any building shall be three thousand (3,000) square feet.

E.

Maximum ground coverage for the entire site, as defined in subsection A above, by all buildings and structures shall not exceed the number of dwelling units allowable on the site multiplied by three thousand (3,000) square feet.

F.

Minimum distance between buildings shall be twelve (12) feet.

G.

Minimum setback for any structure, whether for living or accessory purposes, shall be not less than twentyfive (25) feet from the exterior boundaries to the site and the right-of-way of any street.

H.

Each dwelling unit shall be provided private outdoor living space with an area not less than one-half the floor space of the dwelling. Such space shall be usable, directly accessible from the interior of the dwelling and so located and designed that physical and visual privacy is assured.

I.

No structure shall be more than thirty (30) feet in height, and where the development density is affected by the percent of slope of the site, no structure shall be more than fifteen (15) feet higher than the highest natural elevation of the site.

J.

Required covered parking shall be in addition to required guest parking areas. Parking spaces shall be provided for each dwelling unit and may be in attached or detached structures, subject to the above

provisions for size, coverage and setbacks, each parking space shall be least ten by twenty (10 × 20) feet in size and not more than thirty-five (35) feet from access into the dwelling.

K.

Public streets shall provide at least two (2) standard twelve-foot traffic lanes within a minimum forty-foot right-of-way for access to each dwelling unit in the development. One (1) or more standard eight-foot parking lanes shall also be provided, or in lieu thereof off-street guest parking areas with spaces for one (1) car per dwelling unit not more than eighty-five (85) feet from the front door to any dwelling unit. An area ten by twenty (10 × 20) feet minimum shall be provided for each parking space.

L.

All land area held in common and not developed shall be regarded as permanent open space to protect and enhance the natural assets of the site and to provide adequate space for the recreational and leisure use of those living in the development. Easements or dedications shall be made, as deemed appropriate by the City Council, to ensure that objective.

M.

Procedure for use permits for cluster developments.

1.

Preliminary review of proposed cluster developments shall be made by the City Planner to determine compliance with the development standards above. Particular attention shall be given the location of roads, the concept of land use as it relates to the site and neighborhood and the needs of those who will live in the development. The purpose of this review is to provide maximum guidance to the potential applicant with a minimum of time and expense.

2.

Upon finding by the City Planner that proposed project complies with the development standards the applicant may then apply for a Use Permit for clustering along with any other necessary applications such as Site Development Permit and subdivision map. The application shall be in the form prescribed by City and accompanied with the payment of the required application fee.

3.

Hearing Process: Use Permits shall be considered in accordance with the requirements of Chapter 10 of this Title. If the Use Permit for clustering is related to any other application including Site Development permit and/or subdivision map, the City Council shall exercise final approval authority over all related applications. Site Development Permits must first be reviewed by the Site and Architectural Commission in accordance with Chapter 8 of this Title.

4.

All cluster developments shall meet the requirements of the Subdivision Chapter pertaining to engineering, health and safety, dedications, ecology, maps and documents.

5.

Provisions for maintenance of land, parking areas, and structures in common use; articles of incorporation and bylaws, restrictions of use and means of continuing site and architectural control; shall be reviewed and approved by the Council. If state construction is contemplated, a time schedule shall be submitted for starting and finishing the development.

6.

No permit for excavation and grading, building or other construction shall be issued unless the final map for the subdivision has been approved and recorded.

7.

The City Planner and the City Council shall insure that the development at each of the above stages meets the design criteria and requirements for the cluster development as finally determined by the Council and to that end periodic inspection of the work in progress shall be made.

(Ord. NS-187, § 3, 9-3-2013; Ord. NS-208, § 3, 12-6-2016)

10.05.060 - Conservation zone. ¶

The following regulations also shall apply to any property within the City of Monte Sereno which has been designated as being within the Conservation Zone, Scenic Highway, or Scenic Roadway Corridor:

The building site for the dwelling building shall contain a minimum of five thousand four hundred (5,400) square feet and shall have an average slope of less than forty percent (40%).

A.

Impervious coverage limits set forth in this Chapter shall apply.

B.

No commercial land uses shall be permitted except where commercial zoning regulations shall be duly established.

C.

Trees, creeks and other natural features shall be protected and maintained to the maximum extent possible. Structures shall be set back at least thirty-two (32) feet from the 100-year flood influence line.

D.

Except where an overriding public interest requires, creeks or other significant natural waterways in the conservation zone shall not be culverted except for crossings of public and private streets.

(Ord. NS-187, § 4, 9-3-2013)

10.05.070 - Saratoga-Los Gatos Scenic Highway Corridor and Quito Road Scenic Corridor control zones.

The following regulations also shall apply to any property within the City of Monte Sereno which is located within the Saratoga-Los Gatos Scenic Highway Corridor or along the Quito Road Scenic Corridor as shown in the General Plan of the City of Monte Sereno.

Any fence, wall within fifty (50) feet, or structure within three hundred (300) feet of Saratoga-Los Gatos Road or Quito Road and visible therefrom shall be subject to architectural review to accomplish policies set forth in the General Plan.

A.

Removal of trees or vegetation within fifty (50) feet of the Saratoga-Los Gatos Road or Quito Road that provides screening of existing walls, fences or structures is prohibited unless a program of replanting, is approved by the City of Monte Sereno.

10.05.080 - Residential developments under Government Code Section 65852.21.

A.

The purpose of this Section is to provide regulations for the establishment of residential developments pursuant to Government Code Section 65852.21.

B.

Incompatibility with the City's density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this Section.

C.

Notwithstanding anything in this Title 10 to the contrary, a residential development containing no more than two (2) residential units on one (1) legal lot within any residential zone may be constructed following approval of a site development permit issued by the City Planner under Section 10.08.050.E, without discretionary review or a public hearing, if the proposed housing meets all of the standards set forth below. A residential development may be permitted under this Section if the development proposes no more than two (2) new units in total on the parcel or if it proposes to add one (1) new unit to a lot with one (1) existing unit. If a parcel includes an existing single-family dwelling, one (1) additional unit may be developed pursuant to this Section. If a parcel does not include an existing single-family dwelling, or if an existing single-family dwelling is proposed to be demolished in connection with the creation of a two-unit residential development, two (2) units may be developed pursuant to this Section.

D.

A residential development shall not be approved in each of the following circumstances:

1.

The residential development would require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three (3) years.

2.

The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

3.

The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance.

4.

The parcel does not satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

E.

Residential developments under this Section shall conform to all objective property development regulations of the zone and in which the property is located including, but not limited to, setbacks, building height, building size, structural coverage, and impervious coverage, and any objective requirements in the City's design guidelines, unless the applicant demonstrates that such zoning or design standard would have the effect of physically precluding the construction of up to two (2) units or that would physically preclude either of the two (2) units from being at least eight hundred (800) square feet in floor area, subject to the following modifications:

1.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor.

2.

A setback of at least four (4) feet is required from the rear and side property lines. Front yard setbacks shall be as required for the zone in which the property is located.

3.

Any dwelling unit constructed under this Section shall not exceed the maximum building height of a singlestory building.

F.

Residential developments under this Section shall be subject to the following additional standards and requirements:

1.

Two (2) dwelling units shall be constructed. The first dwelling unit shall meet the requirements of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit as specified in Section 10.06.140 as well as the provisions of this Section. The main dwelling unit shall comply with the provisions of this Section. The first dwelling unit shall be constructed prior to or concurrently with the main dwelling.

2.

If any portion of any proposed new main dwelling unit would be located in any of the front, side, or rear setbacks applicable to a single-story building district in the same zoning district as set forth in Chapter 10.05, the building area shall not exceed eight hundred (800) square feet.

3.

If a proposed dwelling unit will be connected to an onsite wastewater treatment system, the applicant shall provide a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

4.

Any dwelling unit, or portion thereof, that is constructed pursuant to an approval under this Section shall only be used for rentals of terms of longer than thirty (30) days. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built pursuant to authority under this Section for a term that is thirty (30) days or less.

5.

A minimum of one (1) off-street parking space shall be provided for each dwelling unit except where the parcel meets one (1) of the following instances:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

b.

There is a car share vehicle located within one (1) block of the parcel.

6.

When construction of a new dwelling unit is proposed on a parcel with an existing dwelling unit, any new dwelling unit shall utilize the same exterior materials and colors as the existing dwelling unit, subject to any restrictions on use of building materials in Title 9. Where two (2) new units are proposed to be constructed on a parcel, each unit shall utilize the same exterior materials and colors as the other unit.

7.

Each dwelling unit constructed under this Section shall be on a separate utility connection directly between each dwelling unit and the utility for water, sewer, and electrical utilities. Gas utility connections shall be prohibited for such dwelling units.

8.

The maximum building area shall as follows:

a.

R-1-8 zoning district or effective zoning district: two thousand eight hundred fifty (2,850) square feet.

b.

R-1-20 zoning district or effective zoning district: four thousand five hundred (4,500) square feet.

c.

R-1-44 zoning district or effective zoning district: six thousand one hundred fifty (6,150) square feet.

d.

The maximum building area on lots with an average slope of ten percent (10%) or greater shall be determined by using the slope density defined in Section 13.04.080 with a reduction of four hundred fifty (450) square feet.

e.

In addition to the building area specified in Subsections 8.a. through 8.d. above, an additional four hundred fifty (450) square feet can be constructed for an enclosed attached garage. If a larger garage is constructed, the area in excess of four hundred fifty (450) square feet must be included in the maximum building area specified in Subsections 8.a. through 8.d. above.

f.

The maximum building area specified in Subsections 8.a. through 8.d. above includes the area of the first dwelling unit, any garage area over four hundred fifty (450) square feet, and the main house.

Rooftop decks shall be prohibited.

10.

The footprint of proposed buildings shall not be located on lands with an average slope exceeding thirty percent (30%). This provision apples only to the building site, not the property as a whole.

11.

Grading shall not exceed fifty (50) cubic yards of cut plus fill except such grading activities as specified in Section 9.04.090.

G.

In cases of conflict between this Section and any other provision of this Title, the provisions of this Section shall prevail. To the extent that any provision of this Section is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this Section shall remain in full force and effect.

(Ord. NS-228, § 2, 12-21-2021; Ord. NS-229, § 2, 1-4-2022; Ord. NS-240, § 1, 11-7-2023)

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 onequarter 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. 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. NS-178, § 3, 7-19-2011; Ord. NS-210, § 4, 3-21-2017; Ord. NS-218, § 4, 5-7-2019; Ord. NS-225, § 1, 5-4-2021; Ord. 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 District	Maximum 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.

850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one RM-Multi-Family Residential District bedroom, with or without parking. 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one P bedroom, with or without parking. 850 sq. ft. or 1,000 square feet for an accessory dwelling unit that provides more than one PD 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.

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.

Utility Connections. For an accessory dwelling unit constructed within the proposed space of a singlefamily 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 singlefamily 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.

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. NS-184, § 1, 10-16-2012; Ord. NS-198, § 5, 11-3-2015; Ord. NS-209, § 2, 12-20-2016; Ord. NS-222, § 1, 2-18-2020; Ord. NS-228, § 3, 12-21-2021; Ord. NS-229, § 3, 1-4-2022; Ord. NS-232, § 1, 12-20-2022; Ord. NS-235, § 2, 5-2-2023; Ord. 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. NS-186, § 1, 7-16-2013; Ord. NS-195, § 1, 9-16-2014; Ord. NS-202, § 1, 4-19-2016; Ord. NS-209, § 3, 12-20-2016; Ord. NS-214, § 1, 1-16-2018; Ord. NS-232, § 2, 12-20-2022)

Chapter 10.07 - NON-CONFORMING USES AND STRUCTURES

Sections:

10.07.010 - Established subject to limitations.

The lawful use of land existing at the time of the passage of this Chapter, although such use does not conform to the provisions thereof, may be continued except as otherwise provided in this Chapter. No nonconforming structure and/or use shall be increased or enlarged, nor shall any such non-conforming structure and/or use be extended to occupy a greater land area or floor area than that occupied by such non-conforming structure and/or use at the time of the adoption of this Chapter except as otherwise provided in this Chapter.

10.07.020 - Changing non-conforming uses.

A. To a conforming use:

Any non-conforming use may be changed to a use conforming with the regulations established in this Title for the district in which the use is located; provided, however, that a nonconforming use so changed may not thereafter be changed back to a non-conforming use.

B. To a different non-conforming use:

Any non-conforming use may be changed to another non-conforming use which, in the opinion of the City Council, is more compatible with the uses permitted in the particular zoning district; provided, however, that a non-conforming use so changed may not, thereafter, be changed back to the former non-conforming use. In considering such a matter, the City Council may require whatever information it may deem necessary to render a decision.

10.07.030 - Maintenance of non-conforming uses. ¶

Ordinary maintenance of structures housing non-conforming uses shall be permitted subject to the following provisions:

The cost of such work during any period of twelve (12) months shall not exceed twenty-five percent (25%) of the building's assessed value according to the Assessor of the City for the fiscal year in which such work is done.

The floor area of the building as it existed at the time when the use became non-conforming through application of this Chapter shall not be increased.

10.07.040 - Termination of non-conforming uses. ¶

By abandonment:

Abandonment of a non-conforming use shall terminate immediately the right to operate such use.

A.

By Violation of Chapter:

The right to operate a non-conforming use shall be terminated by any violation of this Chapter.

B.

By Specific Acts of Termination:

Any one (1) of the following specific acts of termination shall terminate immediately the right to operate a non-conforming use:

1.

Changing a non-conforming use to a conforming use.

2.

Changing a non-conforming use to another non-conforming use as herein provided and authorized shall terminate any previous non-conforming use.

3.

Non-operation or non-use of a non-conforming use for a period of twelve (12) or more successive calendar months.

4.

Vacancy for period of twelve (12) successive calendar months of the structure or that part of a structure occupied by the nonconforming use.

C.

By Operation of this Chapter:

1.

Any use of a main building which is or became non-conforming by the enactment of this Chapter in 1987 or its amendments, shall be terminated within forty (40) years of the inception of said use or within twenty (20) years of the enactment of this Chapter or the amendment by which such use shall have become nonconforming, whichever date is later.

2.

Any use of a permanent structure other than a main building which is or became non-conforming upon the enactment of this Chapter or its amendments, shall be terminated within twenty (20) years of the inception of said use, or within ten (10) years of the enactment of this Chapter in 1987 or the amendment by which said use shall have become non-conforming, whichever date is later.

D.

By Damage, Destruction or Obsolescence: The right to operate or maintain any non-conforming use shall terminate and cease to exist whenever the structures in which the non-conforming use is operated and maintained is damaged or destroyed so that the cost of repairing such damage or destruction or placing said structure in lawful compliance with the applicable ordinance exceeds seventy-five percent (75%) of the

assessed value of the structure or structures, according to the assessment thereof for City tax purposes. In determining the assessed value of the structure or structures, there shall not be included any cost of the land or any factor other than the structures themselves.

10.07.050 - Non-conforming structures established subject to limitations. ¶

The lawful existence of a structure which existed at the time of the original passage of this Chapter in 1987, although such structure does not conform to the provisions thereof, may be continued except as otherwise provided in this Chapter.

10.07.060 - Changing non-conforming structures.

A.

To a Conforming Structure: Any non-conforming structure may be changed to conform with the regulations herein established for the zoning district in which the use is located; provided, however, that a nonconforming structure so changed may not thereafter be changed back to a non-conforming condition.

B.

To a Different Non-Conforming Condition: Any nonconforming condition of a non-conforming structure may be changed to another non-conforming condition which, in the opinion of the City Council, is more compatible with the particular zoning district; provided, however, the nonconforming condition of a nonconforming structure so changed may not thereafter be changed back to the former non-conforming condition. In considering such a matter, the City Council may require whatever information it may deem necessary to render a decision.

10.07.070 - Maintenance of non-conforming structures.

Ordinary maintenance of non-conforming structures shall be permitted provided, however, the floor area of the non-conformity as it existed at the time when it became non-conforming through application of this Chapter shall not be increased.

10.07.080 - Termination of non-conforming structures. ¶

A non-conforming structure as herein defined may continue to exist so long as the City Council finds that the non-conformity does not create an adverse affect on the health or safety of persons residing in the neighborhood of the non-conforming structure, nor is the structure materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. The City may, at it's discretion, pursue abatement of any non-conformity which it finds to exist contrary to the public health and safety.

When a non-conforming structure is damaged or destroyed by natural disaster, it may be rehabilitated or reconstructed up to one hundred percent (100%) of the pre-damage condition, including size and location, provided that such rehabilitation and restoration is started within six (6) months after the date the damaging event occurred and is diligently pursued to completion thereafter. An extension beyond the six-month commencement requirement may be approved by the City Manager, upon the property owner demonstrating good cause. There shall be no increase in the size of the structure, the area of the structure,

the number of dwelling units or the non-conformity of the structure that legally existed prior to the damage or destruction.

When a non-conforming structure is damaged or destroyed by any cause other than a natural disaster such that the floor area of such damage or destruction exceeds seventy-five percent (75%) of the floor area of the non-conforming structure, the structure shall be reconstructed to comply with all of the provisions of this Chapter.

(Ord. NS-171, § 1, 5-4-2010)

Chapter 10.08 - SITE DEVELOPMENT PERMITS AND PLANNED DEVELOPMENT PERMITS[[1]]

Sections:

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. NS-215, § 4, adopted Apr. 3, 2018, changed the title of Ch. 10.08 from "Site Development Permits" to read as herein set out.

A. - Site Development Permits

10.08.010 - Purpose. ¶

The purpose of this Chapter is to promote orderly development, to enhance the character, stability, integrity and appearance of neighborhoods within the City, to maintain and protect the stability and integrity of land values, and to secure the general purposes of this Chapter and of the Monte Sereno General Plan.

In order to accomplish the purpose, it is necessary for the City, through the Site and Architectural Commission, to review and regulate the aesthetic and functional aspects of structures and sites and to require, as the Commission determines necessary, the aesthetic and functional improvements to the site and to any structures thereon.

(Ord. NS-225, § 3, 5-4-2021)

10.08.020 - Reserved. ¶

Editor's note— Ord. NS-223, § 2, adopted Apr. 7, 2020, repealed § 10.08.020 entitled "Establishment of Site and Architectural Commission," which derived from: Ords. 130 § 1, 2002 and 132 § 1, 2002; and Ord. NS-174, §§ 1, 2, adopted Feb. 1, 2011.

10.08.030 - Reserved. ¶

Editor's note— Ord. NS-223, § 2, adopted Apr. 7, 2020, repealed § 10.08.030 entitled "Site and Architectural Committee meetings," which derived from Ord. 120 § 1, 2000.

10.08.040 - Site development permit required. ¶

The following proposed projects shall require a site development permit, which shall be issued prior to the issuance of a building permit or a demolition permit:

A.

Any new main house.

B.

Any addition that adds five hundred (500) square feet or more to an existing building or structure in the R-18 zoning district or seven hundred fifty (750) square feet or more to an existing building or structure in the R-1-20 or R-1-44 zoning district.

C.

Any modification to the roof that increases the overall roof height of an existing structure by more than twenty-four (24) inches.

D.

Any additions that add two hundred fifty (250) square feet or more to the second story of an existing twostory building in the R-1-8 zoning district or five hundred (500) square feet or more in the R-1-20 and R-144 zoning district.

E.

Any additions of a second story to an existing single-story building.

F.

Residential development projects pursuant to Section 10.05.080.

Issuance of a site development permit shall be reviewed and acted upon by the Commission at a regular or special meeting, except that a residential development project meeting the requirements of Section 10.05.080 shall be reviewed ministerially and without public hearing by the City Planner.

(Ord. 124 § 6, 2000; Ord. 135 § 1, 2002; Ord. NS-178, §§ 4—6, 7-19-2011; Ord. NS-210, § 1, 3-21-2017; Ord. NS-225, § 2, 5-4-2021; Ord. NS-228, § 4, 12-21-2021; Ord. NS-229, § 4, 1-4-2022; Ord. NS-247, § 2, 11-4-2025)

10.08.050 - Permit process. ¶

For any project for which a site development permit is required, the following process shall be followed:

A.

Application. Application for site development permits shall be in writing in such form and with such materials as may be prescribed by the City. An application fee to be established by the City from time to time shall be collected at the time of submittal of the application.

For applications requesting a site development permit for: (1) a new single-family dwelling, duplex or triplex (main house); or (2) a new accessory structure exceeding five hundred (500) square feet; or (3) any second story addition; or (4) any addition of more than five hundred (500) square feet to an existing dwelling unit (main house), erection of story poles depicting the proposed building elevations and maximum ridge height. The height and the location of the story poles shall be certified in writing by a licensed land surveyor or engineer to the satisfaction of the City Planning Director.

B.

Hearings Before the Commission. For projects subject to approval by the Commission, upon receipt of a complete application, the City shall cause notice of the time and place at which all interested persons may appear before the Commission to be sent to the applicant and his/her agents and all property owners within three hundred (300) feet of the proposed project and shall thereafter hold a hearing at the time and place specified.

Prior to the hearing, the City Manager or his/her designee shall prepare a staff report summarizing the project and recommending action to the Commission. At the hearing, the Commission shall consider the City Manager's or his/her designee's staff report, any development guidelines applicable to the project, and hear and consider any evidence, oral or written, which has been presented at or prior to the hearing. At the conclusion of the hearing, the Commission may approve, conditionally approve or deny the application for a site development permit. Any approval, conditional approval or denial by the Commission shall become final unless the matter is appealed to the City Council as provided in Section 10.08.060.

No site development permit shall be issued unless the Commission makes the following findings:

1.

Whether the proposed improvement and/or use is compatible with the character of the surrounding neighborhood in which it would be located.

2.

Whether the orientation and location of the buildings take into consideration the visual impact which could result from the proposed improvement and/or use.

3.

Whether the proposed improvements, including architecture, are consistent with the City's design guidelines.

4.

If applicable, whether the proposed improvement and/or use will provide for minimum grading and retention of the natural contours of the land then existing in order to protect the natural slope of the lot.

5.

If applicable, whether the proposed improvement and/or use provides for:

a.

Retention of significant trees as defined elsewhere in the Code, unless the findings required by Section 10.15.070 of the Code can be made;

b.

Preservation of solar access.

6.

If applicable, whether the landscaping for the proposed improvement and/or use emphasizes the use of native materials in the area.

In connection with its review of each of the foregoing matters, the Commission may include in any site development permit such conditions as it may determine to be necessary in order to ameliorate or mitigate identified impacts of the project. Such conditions, without limiting the discretion of the Commission, may include a time limitation, site planning limitations, architectural conditions, setback restrictions, occupancy regulations, landscape regulations or drainage and sewage regulation.

C.

Findings. The Commission shall adopt findings and conclusions regarding the application.

D.

No Decision. In the event the Commission is unable to reach a decision on an application, the application will be reviewed by the City Council in the manner prescribed in Section 10.08.060 of this Chapter.

E.

Review by City Planner for Residential Development Projects Under Section 10.05.080. A residential development project meeting the requirements of Section 10.05.080 shall be reviewed ministerially and without public hearing by the City Planner. In considering such application, the City Planner shall approve the project unless: (1) the proposed project does not meet the requirements of Section 10.05.080, or (2) if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Any approval, conditional approval or denial by the City Planner of a site development permit under this Subsection shall be final with no further appeal. All permits granted under this Subsection shall be conditioned on: (1)

compliance with the objective zoning standards that are applicable to the parcel based on the applicable zoning district as set forth in Chapter 10.05 of this Code, except for as such standards may be modified under Section 10.05.080, and (2) compliance with any objective design standards adopted into the City's design guidelines, unless the applicant demonstrates that such objective zoning or design standard would have the effect of physically precluding the construction of up to two (2) units or that would physically preclude either of the two (2) units from being at least eight hundred (800) square feet in floor area. The City

Planner shall cause notice of the application to be sent to property owners within six hundred (600) feet upon the submission of an application.

(Ord. 138 § 1, 2003; Ord. 133 § 1, 2002; Ord. NS-166, § 1, 4-21-2009; Ord. NS-170, § 1, 4-20-2010; Ord. NS-210, § 2, 3-21-2017; Ord. NS-219, § 2, 8-6-2019; Ord. NS-225, § 3, 5-4-2021; Ord. NS-228, § 4, 12-212021; Ord. NS-229, § 4, 1-4-2022; Ord. NS-235, §§ 3, 4, 5-2-2023; Ord. NS-240, § 2, 11-7-2023)

10.08.055 - Concurrent review. ¶

In the event a site development permit application is related to another application on which only the City Council may act, including, but not limited to, a conditional use permit, grading use permit, variance, tree removal, or site and architectural review for a subdivision, rather than approve, conditionally approve, or deny the site development permit, the Commission shall send a recommendation for approval, conditional approval, or denial to the City Council. In the case site and architectural review for a subdivision, the Commission shall send a recommendation for approval, conditional approval, or denial to the City Council. The City Council shall consider the recommendation of the Commission and approve, conditionally approve or deny the application for a site development permit based on the findings outlined in this Section. Such approval, conditional approval or denial shall be a final decision.

(Ord. NS-219, § 3, 8-6-2019; Ord. NS-225, § 3, 5-4-2021)

10.08.060 - Appeal to City Council. ¶

Any action taken by the Commission pursuant to this Chapter to grant, conditionally grant or deny a site development permit may be appealed to the City Council by filing, with the City Clerk, a written notice of appeal within ten (10) calendar days of the decision of the Commission. The applicant, any property owner or tenant of property within three hundred (300) feet of the subject site, a City Council member or the City Manager may file such a notice of appeal. When such notice has been accepted by the City Clerk for filing the following shall occur:

A.

Notice and Time of the Hearing. The City Clerk shall, subject to the rules of the City Council, set a date for the public hearing which shall be held by the City Council. The date of hearing shall be not less than ten (10), nor more than sixty (60) calendar days after the notice of appeal was received by the City Clerk.

B.

Information Provided to City Council. The City Manager or his/her designee shall provide a report to the City Council summarizing the project and outlining the decision and findings of the Commission. In addition thereto, the City Manager or his/her designee shall file with the City Council at its hearing all relevant papers, documents and exhibits which are part of the file.

C.

Hearing. The City Council shall hold a public hearing to consider the appeal at the time and place set by the City Clerk. The City Council shall hear the matter de novo. The City Council shall hear and consider only

those issues which were presented to the Commission, except for any new issues which could not have been known at the time of the Commission hearing.

D.

After hearing and considering all the evidence, the City Council shall uphold the decision of the Commission, reverse the decision of the Commission or modify the decision of the Commission. Nothing in this Chapter shall preclude the City Council from modifying, adding or deleting any condition of the site development permit in order to protect the public peace, health, safety and welfare.

E.

Findings and Decision. Within a reasonable time after the City Council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The decision of the City Council shall be final.

(Ord. 130 § 2, 2002; Ord. NS-225, § 3, 5-4-2021; Ord. NS-235, § 5, 5-2-2023)

10.08.070 - Revocation for failure to comply with terms of permit. ¶

In any case where the conditions and limitations to the site development permit have been violated as imposed by the Commission and/or the City Council, the City shall give notice to the permittee that the site development permit may be revoked, and shall revoke said site development permit if the stated requirements are not met within sixty (60) days of the date of the notice.

(Ord. NS-225, § 3, 5-4-2021)

B. - Planned Development Permits

10.08.080 - Applicability. ¶

The provisions of this part shall apply to and govern the issuance of planned development permits, commonly referred to as "PD permits" for planned developments in Planned Development Districts, hereinafter also referred to in the part as "planned development zonings." A planned development permit is a use permit as well as a permit which addresses aesthetic and functional aspects of development. Any planned development permit issued under this part shall be subject to the general provision of this Chapter related to development permits and the provisions of said section shall control over any inconsistent provisions of this part.

(Ord. NS-215, § 4, 4-3-2018)

10.08.090 - Planned development permit required. ¶

Unless the base zone is being utilized:

A.

No building or structure shall be erected, constructed, enlarged, placed or installed or moved onto any site nor shall there be any exterior alteration of any structure which is in a planned development district, and no

building permit or installation permit shall be issued for such work, except pursuant to and in accordance with a planned development permit.

B.

No use shall be added, changed, modified, enlarged or altered on any site which is in a Planned Development District except pursuant to and in accordance with a planned development permit.

C.

A planned development permit may be issued for all or any part of the property situated in a Planned Development District.

D.

A planned development permit or amendment to a planned development permit may be issued for:

1.

The use of new dwelling units, which are not yet occupied for residential purposes, as model homes or sales offices in connection with the sale of swelling units in a Planned Development District.

2.

The use of structures, such as mobile homes, as sales offices in connection with the sale of dwelling units in a Planned Development District.

3.

The use of land in the Planned Development District for off-street parking or other uses incidental to the sales office or model home operation. Such use shall be limited to the duration of the sales office or model home operation.

(Ord. NS-215, § 4, 4-3-2018)

10.08.100 - No right to issuance.

A.

Pursuant to and in accordance with the provisions of this part, the City Council may issue a planned development permit. For projects which require certification of an environmental impact report for environmental clearance, the City Council may issue planned development permits if the project as proposed includes all mitigation measures identified in the draft environmental impact report or negative declaration for the project as necessary to reduce the impacts of the project to a less than significant level. (They'd have to do a statement of overriding considerations.)

B.

Under no circumstances shall any applicant have the right to have a planned development permit issued for any property in a Planned Development District and nothing contained in this part shall, in any event or

under any circumstances, be deemed or construed to confer on any applicant the right to have a planned development permit issued for any property.

(Ord. NS-215, § 4, 4-3-2018)

10.08.110 - Recommendation by Site and Architecture Commission; action by City Council. ¶

Upon finding of an application for a planned development permit complete pursuant to this Chapter, the staff shall review the application and shall notice and set a public hearing before the Site and Architecture Commission, which shall review the application and provide a recommendation to the City Council. Following the public hearing before the Site and Architecture Commission, staff shall notice and set a public hearing on the application before the City Council.

(Ord. NS-215, § 4, 4-3-2018; Ord. NS-223, § 4, 4-7-2020)

Editor's note— Formerly entitled "Action by City Council," which was amended as herein set out above by Ord. NS-223.

10.08.120 - Findings. ¶

A.

The City Council may issue a planned development permit only if all of the following findings are made:

1.

The planned development permit, as issued, is consistent with and furthers the policies of the general plan; and

2.

The planned development permit, as issued, confirms in all respects to the planned development zoning of the property; and

3.

The planned development permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and

4.

The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious; and

5.

The environmental impacts of the project, including, but not limited to, noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California

Environmental Quality Act (CEQA), will not have and unacceptable negative effect on adjacent property or properties.

B.

The City Council shall deny the application where the information by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

C.

The City Council shall have written findings and conclusions regarding the application prepared and placed in the mail to the applicant within fifteen (15) days of its final decision.

(Ord. NS-215, § 4, 4-3-2018)

10.08.130 - Permit process. ¶

For any project for which a planned development permit is required, the following process shall be followed:

A.

Application. Application for planned development permits shall be in writing in such form as may be prescribed by the City. An application fee to be established by the City from time to time shall be collected at the time of submittal of the application. In addition to any application and application fee, the following information shall be provided with the number of copies required by the City:

1.

A full set of plans (no larger than twenty-four (24) inches by thirty-six (36) inches) in a form acceptable to the City, containing (as applicable):

a.

Site plan, including allowable and proposed setbacks and indicating all structures proposed and existing. The site plan must be completed by a licensed land surveyor or licensed civil engineer;

b.

Floor plan;

c.

Elevations, including allowable and proposed height. Height shall be indicated as an elevation based off a boundary survey utilizing the City's benchmarks;

d.

Cross-sections;

Landscape plan;

f.

Roof plan;

g.

Scale and dimensions on each page;

h.

Site address;

i.

Grading plan;

j.

Materials. For all new single-family dwelling, duplexes or triplexes, a physical materials board that accurately represents the actual finish materials being proposed; for all other projects, color photos that accurately reflect the finish materials and colors being proposed; and

k.

Streetscape/neighborhood context for new homes and second story additions within the R-1-8 zoning district please provide elevations illustrating building height and mass (including major architectural features) in relationship to:

i.

Structures on either side of the property; identify property addresses.

2.

Calculations for the following:

a.

Lot area;

b.

Allowable maximum square footage of main dwelling;

c.

Proposed square footage of main dwelling;

Allowable and proposed structural coverage figure;

e.

Allowable and proposed impervious coverage figure;

f.

Proposed grading quantity (cut and fill); and

3.

For applications requesting a planned development permit for: (1) a new single-family dwelling, duplex or triplex (main house); or (2) a new accessory structure exceeding five hundred (500) square feet; or (3) any second story addition; or (4) any addition of more than five hundred (500) square feet to an existing dwelling unit (main house), erection of story poles depicting the proposed building elevations and maximum ridge heights are required; however, the Planning Department may permit the applicant to install only representative story poles depicting the overall project heights and footprints when it is demonstrated to the sole satisfaction of the Planning Department that the requirement to erect story poles for all buildings is not financially feasible. The height and the location of the required story poles shall be certified in writing by a licensed land surveyor or engineer to the satisfaction of the City Planning Department.

4.

Any other information which the City Council may determine to be necessary to consider the project.

B.

Hearings Before the City Council. Upon receipt of a complete application, the Commission shall cause notice of the time and place at which all interested persons may appear before the Commission to be sent to the applicant and his/her agents and all property owners within the City of Monte Sereno and shall thereafter hold a hearing at the time and place specified.

Prior to the hearing, the City Manager or Planning Department shall prepare a staff report summarizing the project and recommending action to the City Council. At the hearing, the City Council shall consider the City Manager's or his/her designee's staff report, any development guidelines applicable to the project, and hear and consider any evidence, oral or written, which has been presented at or prior to the hearing. At the conclusion of the hearing, the City Council may approve, conditionally approve or deny the application for a planned development permit. Any approval, conditional approval or denial shall become final.

C.

In connection with its review of each of the foregoing matters, the City Council may include in any planned development permit such conditions as it may determine to be necessary in order to ameliorate or mitigate identified impacts of the project. Such conditions, without limiting the discretion of the City Council, may include a time limitation, site planning limitations, architectural conditions, setback restrictions, occupancy regulations, landscape regulations or drainage and sewage regulation.

(Ord. NS-215, § 4, 4-3-2018; Ord. NS-225, § 3, 5-4-2021)

10.08.140 - Revocation for failure to comply with terms of permit. ¶

In any case where the conditions and limitations to the planned development permit have been violated as imposed by the City Council, the City shall give notice to the permittee that the planned development permit may be revoked, and shall revoke said planned development permit if the stated requirements are not met within sixty (60) days of the date of the notice.

(Ord. NS-215, § 4, 4-3-2018)

Chapter 10.09 - PERSONAL WIRELESS SERVICE FACILITY AND ANTENNA CRITERIA[[2]]

Sections:

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. NS-244, § 1, adopted May 6, 2025, amended Ch. 10.09 in its entirety to read as herein set out. Former Ch. 10.09, §§ 10.09.010—10.09.200, pertained to similar subject matter.

10.09.010 - Purpose and intent. ¶

A.

The purpose and intent of this Chapter is to provide a uniform and comprehensive set of standards for the development and installation of antenna and personal wireless service facilities and related facilities. These standards cover the siting, designing and permitting of facilities. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of Monte Sereno as set forth within the goals, objectives and policies of the Monte Sereno General Plan; while at the same time not unduly restricting the development of needed personal wireless service facilities and amateur radio installations. The intent of this Chapter is also to provide a public forum to ensure a balance between public and private interests in establishing personal wireless service and related facilities. The goals of this ordinance are to:

1.

Protect the visual character of the City from the potential adverse effects of personal wireless service facility development and antenna installation, consistent with provisions of State and federal regulations;

2.

Encourage users of antenna and personal wireless service facilities to locate them, to the maximum extent possible, in areas where the adverse impacts on the community are minimal;

3.

Configure personal wireless service facilities, which include equipment cabinets or shelter, in a way that minimizes the adverse visual impact of the facilities;

4.

Enhance the ability of the provider of personal wireless services to provide such services to the community quickly, effectively and efficiently; and

5.

Establish standards and procedures consistent with applicable State and federal regulatory requirements for the review and permitting of wireless telecommunication facilities.

(Ord. NS-244, § 1, 5-6-2025)

10.09.020 - Applicability. ¶

A.

This ordinance shall apply to all antenna and types of personal wireless service facilities, including new facilities and modification to existing facilities, within the City, consistent with the development standards and planning permit requirements established under this section.

B.

Antenna and personal wireless service facilities that are constructed or installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.

(Ord. NS-244, § 1, 5-6-2025)

10.09.030 - Definitions. ¶

A.

As used in this ordinance, the following terms shall have the following meanings:

1.

"Antenna" is any system of poles, panels, rods, dishes, discs or similar devices used for the transmission or reception of radio frequency signals, and consistent with the terms under Title 47 of the Code of Federal Regulations Section 1.6002.

a.

"Omni-directional antenna" transmits and/or receives radio frequency signals in a three hundred sixty (360) degree radial pattern.

b.

"Directional antenna" (also known as "panel" antenna) transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty (360) degrees.

"Parabolic antenna" (also known as a satellite dish antenna) is a bowl shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.

2.

"Antenna Equipment" shall have the same meaning as the term under Title 47 of the Code of Federal Regulations Section 1.6002.

3.

"Antenna Facility" is an antenna facility consisting of single or multiple posts or masts that are ground or building mounted, up to a height of seventeen (17) feet supporting one (1) or more antennas, dishes, arrays, etc., excluding TV or radio antennas and ham radio antennas (antennas owned and operated by a federallylicensed amateur radio station operator), as consistent with the terms defined under Title 47 of the Code of Federal Regulations Section 1.6002.

4.

"Base Station" is a structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower as consistent with the term defined under Title 47 of the Code of Federal Regulations Section 1.6100(b)(1).

5.

"Co-Location", or "Collocation", consistent with State and federal law, including Title 47 of the Code of Federal Regulations Section 1.6002, encompasses:

a.

Mounting or installing an antenna facility on a pre-existing structure; and/or

b.

Modifying a structure for the purpose of mounting or installing an antenna facility on that structure;

c.

The definition of "collocation" in § 1.6100(b)(2) is the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, as defined under Title 47 of the Code of Federal Regulations applies to the term as used in that section.

6.

"Compliance Verification Statement" means a sworn statement entitled "Compliance Verification" signed by the Applicant or by the Applicant's authorized agent or representative, stating that the applicant holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or state government with authority to regulate telecommunications facilities that are required in order for the applicant to construct

plicant's authorized agent or representative, stating that the applicant holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or state government with authority to regulate telecommunications facilities that are required in order for the applicant to construct

the proposed facility. This requirement includes compliance with all conditions imposed in conjunction with such federal and state licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of the proposed Antennas, Antenna Equipment including Equipment Cabinets, and related Facilities, and engineering calculations demonstrating that the proposed Facility will comply with all applicable FCC and CPUC requirements and standards.

7.

"Concealment elements" means elements of a stealth-designed facility intended to make the facility look like something other than a wireless tower or base station.

8.

"Defeat concealment" means a modification that causes a reasonable person to view the structure's intended stealth design as no longer effective after the modification. Conversely, a modification does not defeat concealment if stealth design features would continue to effectively make the structure not appear to be a wireless facility or as defined under Title 47 of the Code of Federal Regulations Section 1.6100(b)(7) (v).

9.

"Equipment Shelter or Cabinet" means a cabinet or building used to house equipment used by personal wireless service providers to house equipment at a facility.

10.

"Height" shall mean, when referring to antenna facilities, the distance measured from ground level to the highest point on the antenna facility even if said highest point is an antenna.

11.

"Related equipment" means all equipment ancillary to the transmission and reception of voice and data radio frequencies. Such equipment may include, but is not limited to, cable conduit and connectors.

12.

"Micro Wireless Facility" means a small personal wireless facility that is no larger than twenty-four (24) inches long, fifteen (15) inches wide, twelve (12) inches high, and which has an exterior antenna, if any, no longer than eleven (11) inches.

13.

"Operations and Maintenance Agreement", or "Master License Agreement", means an agreement establishing the terms of use and responsibilities between the Applicant and the City of Monte Sereno for projects involving existing or proposed facilities that are or will be owned or managed, in whole or in part, by the City of Monte Sereno. Such agreement may involve, but is not limited to, the initiation, use, operation, maintenance, fees, and basis for termination of the wireless facility.

"Personal Wireless Service Facility" is an unstaffed facility, generally consisting of transmitters, antenna structures and other types of installations which receive and/or transmit radio frequency signals for the provision of personal wireless services, or commercial mobile services, including ancillary equipment cabinet or structure, and related equipment. Common examples of commercial mobile services are personal communications services (PCS), cellular radiotelephone service and paging. Residential home satellite services are not considered "personal wireless service."

15.

"Small Wireless Facility" means facilities that meet each of the following conditions:

a.

With regard to facilities: (a) are mounted on structures fifty (50) feet or less in height including their antennas as defined in subsection (A) of this Section; or (b) are mounted on structures no more than ten percent (10%) taller than other adjacent structures; or (c) do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater;

b.

Each antenna involved in the deployment, with exception of the associated antenna equipment, is no more than three (3) cubic feet in volume;

c.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

d.

The facilities are not located on Tribal lands; and

e.

The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified under Title 47 Code of Federal Regulations Section 1.1307(b).

16.

"Substantial Change" means a modification that changes the physical dimensions of an eligible support structure as defined in Title 47 of the United States Code Section 1.6100(b)(7).

17.

"Tolling Period" shall mean the number of days from the day after the date when the siting authority notifies the applicant in writing that the application is materially incomplete and clearly and specifically identifies the missing documents or information that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation; until the date when the applicant submits all the

documents and information identified by the siting authority to render the application complete or as defined under Title 47 of the Code of Federal Regulations Section 1.6003.

18.

"Tolling Agreement" means a written agreement between the City and an applicant to establish an alternative timeframe for application review that varies from the standard tolling period.

19.

"Tower" shall mean any structure built for the sole or primary purpose of supporting any Commissionlicensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site or as otherwise defined under Title 47 of the Code of Federal Regulations Section 1.6100(b)(9).

20.

"Universal Service" is the public policy goal that Congress first mandated in the 1935 Communications Act to make telephone service widely available at affordable prices. As the FCC implements the Telecommunications Act of 1996, its definition will continue to evolve to include public access to the information superhighway from every school, hospital, government office, library, post office and households.

(Ord. NS-244, § 1, 5-6-2025)

10.09.040 - General requirements.

A.

The following requirements shall apply to the development of new antennas, satellite dishes and personal wireless facilities, except as otherwise provided by this Chapter or by State and federal regulations:

1.

Any applicable General Plan Goals, Objectives, Program and Policies, Specific Plan, Zoning District standards, Design Guidelines, and the permit requirements of any agencies that have jurisdiction over the project;

2.

All the requirements established by the other chapters of the Monte Sereno Municipal Code that are not in conflict with the requirements contained in this Chapter;

3.

All applicable Building Code requirements and engineering standards;

Any applicable easements or similar restrictions on the subject property, including adopted Zoning District standards;

5.

All antenna and personal wireless service facilities must not be located within any required yard setback area of the zoning district in which it is located with the exception of possible encroachment of the antenna array into airspace of said setback;

6.

All antenna and personal wireless service facilities shall avoid any unreasonable interference with views from neighboring properties;

7.

All setbacks shall be measured from base of the antenna or personal wireless facility closest to the applicable property line or structure;

8.

Where feasible, personal wireless service facilities shall be encouraged to be located on City-owned property, or controlled property, or right-of-way, or other public facilities, such as water tanks and other utility structures;

9.

All antenna and personal wireless facilities must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate antenna and personal wireless service facilities. If such standards and regulations are changed, then the owners of the personal wireless service facilities governed by this ordinance shall bring such facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring personal wireless Service facilities into compliance with such revised standards and regulations shall constitute ground for the removal of such facilities at the owner's expense;

10.

All personal wireless service facilities shall maintain in place a security program when determined necessary by and subject to the review and approval of the Police Chief that will prevent unauthorized access and vandalism;

11.

Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function;

Sufficient anti-climbing measures shall be incorporated into all personal wireless service facilities, as needed, to reduce potential for trespass and injury;

13.

All equipment shelters or cabinets must be concealed from public view or made compatible with the architecture of surrounding structures or placed underground, and regularly maintained;

14.

All personal wireless service facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to the residents of nearby homes. Back-up generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within one hundred (100) feet of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels;

15.

Personal wireless service facilities shall not be located in front of main structures, and/or along major street frontages where they will be readily visible and unsightly; and

16.

No portion of an antenna array shall extend beyond the property lines or into the area in front of the primary building on the parcel, so as to create a negative visual impact.

(Ord. NS-244, § 1, 5-6-2025)

10.09.050 - Zoning Clearance and Permits Required. ¶

A.

No party shall deploy antennas and personal wireless facilities within the City of Monte Sereno without first obtaining all required approvals and permits from the City, consistent with the requirements established under this Chapter and all applicable State and federal provisions.

1.

Permit Required. All antennas and wireless facilities are required to obtain zoning clearance and Planning permits established under this Chapter, unless otherwise required by State and federal regulations or exempt below.

a.

Project shall obtain any additional permits from the City of Monte Sereno as required to implement the proposed work (e.g., building permits, encroachment permits, etc.).

b.

Application review shall be conducted consistent with State and federal regulations.

2.

Exemptions. The following uses listed are deemed to be permitted uses and shall not require planning permits unless the applicant seeks a modification of the basic development standards, design criteria and conditional use permit criteria set forth in the applicable Zoning District where the structure is placed and unless located on an historic site. The following permitted uses shall comply with the general requirements of the Section 10.09.040 and building permit requirements as applicable.

a.

Antennas that are totally concealed.

b.

One (1) TV or radio antenna not exceeding twenty-five (25) feet for the sole use of tenant occupying residential parcel.

c.

One (1) satellite dish antenna not exceeding four (4) feet in diameter for sole use of tenant occupying residential parcel.

d.

One (1) ham radio antenna not exceeding thirty-five (35) feet per residential parcel.

3.

Personal Wireless Facilities.

a.

New personal wireless facilities require a Conditional Use Permit, except as otherwise provided under this Chapter or by State and federal regulations.

b.

Personal wireless service facilities located on sites with historical significance as recognized by the City shall require Conditional Use Permit, except as otherwise provided under this Chapter or by State and federal regulations.

c.

New personal wireless service facilities placed on utility poles, public right-of-way light poles, reservoirs, and other public infrastructure which, in the opinion of the City Manager, are unobtrusive or undetectable by way of design and/or placement on the public facility structure, regardless of number require the issuance of an encroachment permit under the Monte Sereno Municipal Code.

d.

Any multifamily residential building forty (40) feet or greater in height that would have new antenna facilities located on the building requires a Conditional Use Permit, except as otherwise provided under this Chapter or by State and federal regulations.

4.

Small Cell Wireless.

a.

New small cell wireless facility deployment involving installation of small cell wireless antennas and equipment on a new or existing structure requires City Planner administrative review and approval.

b.

Installation on a City-owned utility pole or facility also requires an operation and maintenance agreement/master license agreement with the City of Monte Sereno, approved by the City Manager.

c.

Application review shall be conducted consistent with State and federal requirements, including tolling periods.

5.

Modification of Previous Approved Facility.

a.

With the exception of projects that meet the eligibility and criteria under Section 6409(a), the following types of projects require City Planner administrative review and approval:

i.

Replacement of pre-existing personal wireless service facilities, installed under a prior approval under this Chapter, which is being proposed for replacement by equipment of identical or smaller size, at the discretion of the City Manager.

ii.

Personal wireless service facilities placed on utility poles, public right-of-way light poles, reservoirs, and other public infrastructure which, in the opinion of the City Manager, are unobtrusive or undetectable by way of design and/or placement on the public facility structure, regardless of number.

b.

Replacement or modifications eligible for streamlined review under 6409(a):

i.

Eligible projects under Section 6409(a) of the Middle Class Tax Relief Act of 2012 (Section 6409(a)) require ministerial plan check review through the building permit application review process. Projects include requests to collocate, replace or remove transmission equipment at an existing tower or base station submitted pursuant to Section 6409(a).

6.

TV or Radio Antenna.

a.

One (1) antenna if not exceeding twenty-five (25) feet for the sole use of tenant occupying residential parcel is exempt from a Planning permit.

b.

One (1) antenna if exceeding twenty-five (25) feet, but less than fifty (50) feet for residential tenant use only requires City Planner administrative review and approval.

c.

Any other TV or Radio Antennas require a Conditional Use Permit.

7.

Satellite Dish Antenna.

a.

One (1) satellite dish antenna if not exceeding four (4) feet in diameter for sole use of tenant occupying residential parcel is exempt from a Planning permit.

b.

One (1) satellite dish antenna if greater than four (4) feet in diameter, but less than eight (8) feet in diameter for residential tenant use only requires City Planner administrative review and approval.

c.

Two (2) to three (3) satellite dish antenna if four (4) feet or less in diameter for residential tenant use only requires City Planner administrative review and approval.

d.

Any other satellite dish antennas require a Conditional Use Permit.

8.

Ham Radio Antenna.

One (1) ham radio antenna if not exceeding thirty-five (35) feet per residential parcel is exempt from a Planning permit.

b.

One (1) ham radio antenna if exceeding thirty-five (35) feet, but less than seventy (70) feet requires a City Planner administrative review and approval.

c.

One (1) ham radio antenna if exceeding seventy (70) feet requires a Conditional Use Permit.

d.

More than one (1) ham radio antenna if exceeding thirty-five (35) feet but less than seventy (70) feet requires a Conditional Use Permit.

(Ord. NS-244, § 1, 5-6-2025)

10.09.060 - Basic development standards for satellite dish antennas greater than one meter (3.28 Feet).

A.

Ground or platform-mounted satellite dish antennas in any residential zoning district shall be screened from public view from streets and adjacent properties by at least a six (6) foot high solid wall or fence, or by plants or trees of equal minimum height.

B.

Ground or platform-mounted satellite dish antennas in any residential zoning district that are higher than six (6) feet shall be located one (1) foot back from the setback line for each foot of height above six (6) feet.

(Ord. NS-244, § 1, 5-6-2025)

10.09.070 - General design review criteria.

A.

Personal wireless service facilities shall be located, designed and screened to blend with the existing natural or built surroundings and existing supporting structures.

B.

Attached antenna facilities (antenna facility affixed to an existing structure that is not considered a component of the attached antenna facility) should be painted and/or textured to match the existing support structure.

C.

Personal wireless service support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only) and shall be

screened from view by using landscaping, or materials and colors consistent with surrounding backdrop, or placed underground to the greatest extent possible.

D.

Personal wireless service support facilities shall be no taller than one (1) story fifteen (15) feet in height and shall be treated to look like a building or facility typically found in the area.

E.

Personal wireless service support facilities in areas of high visibility shall, where possible, be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile.

F.

All buildings, poles, towers, antenna supports, antennas, and other components of each personal wireless service facility site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be one that in the determination of the City Planner or Site and Architectural Commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location.

G.

The City shall have the authority to require special design of the personal wireless service facilities where findings of particular Sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).

H.

Poles, towers and antenna supports shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Site and Architectural Commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

I.

Building-mounted antennas and any ancillary equipment should be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive.

J.

Antennas that are attached to roofs shall maintain a 1:1 ratio for equipment setback (example: ten (10) feet high antenna requires ten (10) feet setback from facade) unless an alternative placement would reduce visual impact and placing roof mounted antennas in direct line with significant view corridors shall be avoided.

K.

Ground-mounted antenna facilities shall not exceed seventeen (17) feet to the top of the antennas.

(Ord. NS-244, § 1, 5-6-2025)

10.09.080 - Conditional use permit criteria for all personal wireless service facilities.

A.

All personal wireless service facilities shall be substantially screened from the view of surrounding properties so as not to create substantial visual or noise impacts.

1.

Factors Considered in Granting a Conditional Use Permits. The following factors shall be considered when determining whether to issue a conditional use permit, although the City Council may waive or reduce the burden on the applicant of one (1) or more of these criteria if the City Council concludes that the goals of this ordinance are better served thereby.

a.

Nature of uses on adjacent and nearby properties;

b.

Surrounding topography;

c.

Surrounding tree coverage and foliage; and

d.

Proposed ingress and egress.

2.

Availability of Suitable Existing Personal Wireless Service Facilities. No new personal wireless service facility shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City Council that no existing antenna facility can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing antenna facility can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing antenna facilities located within the geographic area required to meet the applicant's engineering requirements.

Existing antenna facilities are not of sufficient height to meet applicant's engineering requirements.

c.

Existing antenna facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing antenna facilities or the antenna on the existing facilities would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing antenna facility or to adapt an existing facility for sharing are unreasonable. Costs exceeding new facility development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

3.

Security Fencing. Personal wireless service facilities that support one (1) or more antennas shall be enclosed with security fencing not less than six (6) feet in height and shall be equipped with an appropriate anti-climbing device; provided, however, that the City Council may waive such requirements, as it deems appropriate.

4.

Landscaping. The following requirements shall govern the landscaping surrounding personal wireless service facilities that support one (1) or more antennas for which a conditional use permit is required; provided, however, that the City Council may waive such requirements if the goals of this ordinance would be better served thereby.

a.

In locations where the visual impact of the personal wireless service facility would be minimal, the landscaping requirement may be reduced or waived altogether.

b.

Personal wireless service facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the personal wireless service facility compound from adjacent residential property.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(Ord. NS-244, § 1, 5-6-2025)

10.09.100 - Small Cell Wireless Facility Requirements. ¶

A.

State or Federal Requirements. Small cell wireless facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), all applicable federal, state, and local health and safety regulations, including the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and all other agencies of the state or federal government with the regulatory authority over small cell wireless facilities. If, at any time, the state or federal standards are modified, then applicant shall bring any and all permitted facilities into compliance with current standards and regulations within three (3) months of the effective date of such modified standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of City permit and require removal of the small cell facility at the service provider's expense.

B.

Building Codes and Safety Standards. The applicant shall ensure the structural integrity of its small cell wireless facilities installed within the City, and shall ensure that the facilities are maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for small cell wireless facilities that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City determines that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the applicant of the facility, the applicant shall have fifteen (15) days to bring such facility into compliance with such standards. Failure to bring such tower into compliance within the required time shall constitute grounds for the revocation of City permit and required removal of the small cell facility at the owner's expense.

C.

Radio Frequency Emissions Standards. Applicants shall provide evidence that the projected radio frequency emissions from any and all permitted small cell wireless facilities comply with FCC Standards, including any cumulative standards.

D.

Operation and Maintenance Standards. All small cell wireless facilities shall at all times comply with the following standards in addition to any other conditions required by permits issued pursuant to this Chapter.

1.

Except as provided in subsection D.2 below, an applicant shall not install signs, display logos, or run advertisement on, alongside, or in connection with a permitted facility.

2.

Every permitted facility shall contain signage listing the name and contact information for an emergency contact individual or service shall be erected for every permitted facility. The signage shall comply with design, material, color and location requirements as stated in the applicable permit. Contact information listed on the sign shall be kept current and promptly be provided to the City.

3.

Each permitted facility and any ancillary equipment shall be maintained in good working condition and appearance, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of receipt of City notice.

4.

Each facility shall be operated to minimize noise impacts to surrounding land uses in accordance with applicable requirements in the Monte Sereno Noise Ordinance.

a.

Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, excluding holidays.

b.

All air conditioning units and any other equipment that may emit noise that would be audible from beyond the right-of-way shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations in the Noise Ordinance.

5.

Each facility shall install the following security measures:

a.

An on-site emergency "kill switch" to de-energize all radio frequency circuits and components of each permitted facility in order to protect emergency response personnel. For co-locating facilities, a single "kill switch" shall be installed that will de-energize all facilities located on the same pole at the facility in the event of an emergency.

b.

Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with design standards and nuisance regulations, and must not interfere with City emergency services or transmission.

Each facility shall be relocated at applicant's sole cost, upon demand by City with reasonable notice, to allow for public projects, services or improvements.

7.

The applicant shall, at its sole cost, be responsible for repairing to City standard specifications or replacing in-kind any City facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of applicant's small cell wireless facilities, ancillary equipment, and any support infrastructure. City facilities or improvements covered by this subsection includes, but are not limited to the following:

a.

Curb, gutter, sidewalk, storm drains, and pavements; and

b.

Landscaping; and

c.

Structures, buildings, light poles and fixtures.

E.

Electrical Metering and Structural Standards. All small cell wireless facilities shall comply with the following requirements:

1.

All electrical power required by small cell wireless facility installations shall be metered independently from any anticipated or existing City projects or facilities.

2.

All existing City-owned street light poles proposed for small cell wireless facility installations shall be inspected prior to installation in accordance with the most recent City structural standards for street light poles, including but not limited to safety and load bearing capability for the small cell wireless facility to be installed, as approved by the City Engineer.

a.

Applicants requesting to install a small cell wireless facility on City-owned street light poles shall provide documentation demonstrating that the pole proposed for installation meets or exceeds such City standards.

b.

If the City-owned street light pole proposed for a small cell wireless facility installation does not meet or exceed structural standards, no small cell wireless facility may be installed thereon. Alternatively, the

applicant may at its own cost replace the existing street light pole at the proposed installation location with a pole that meets or exceeds the City's structural standards including safety and load bearing capability or capacity, and complies with all other applicable legal requirements. Any existing lighting fixture shall be reinstalled on the new pole at applicant's cost. Applicant shall be responsible to coordinate electrification of the new installation with the utility provider, including independent metering of electrical power required for applicant's installations. Upon installation, the new pole shall become the property of the City.

F.

Applicants intending to use City-owned facilities shall be required to enter into an operations and maintenance agreement/ master license agreement with the City for the facility.

G.

Design Standards.

1.

General Standards. Small cell wireless facilities and any ancillary equipment shall comply with the following permit requirements of this section, and shall be located and designed and whenever possible screened to blend with the existing natural or built surroundings, as is required for similar construction projects within the City. Small cell wireless facilities shall utilize the smallest footprint possible and shall be designed to minimize the overall height, mass, and size. Improvements that will be primarily viewed against soils, trees, vegetation, or grasslands shall be painted colors matching these landscapes while elements that are not against these elements and rise above the horizon shall be painted to match the predominant color of the utility pole to which it is attached or a blue gray that matches the typical sky color at that location to the satisfaction of the City Planner.

2.

Ancillary Equipment. To comply with important local aesthetics and expressive concerns, ancillary equipment and any support facilities for small cell wireless facilities located in the public right-of-way shall be installed in accordance with the following preferences, ordered from most preferred to least preferred: (i) underground in any area in which the existing utilities are primarily located underground; (ii) on the pole or support structure; or (iii) integrated into the base of the pole or support structure. Applications that involve lesser-preferred installation locations may be approved by demonstrating infeasibility to the satisfaction of the City Planner and City Engineer, or designee. In the event that undergrounding of ancillary equipment is not possible, all such equipment shall be painted to match the color of the structure where the equipment is attached, painted to match the environment in the immediate surroundings, covered by screening elements, or located within a stealth facility, and shall comply with all applicable laws, including but not limited to the American Disabilities Act.

3.

Pole Designs. All small cell wireless facility pole installations designed to be integrated with new light poles shall be sufficiently designed and engineered such that no additional supporting hardware is required beyond the pole itself. A small cell wireless facility that is affixed to an existing light pole shall be painted and/or textured to match that structure.

4.

Non-Reflective Materials. Small cell wireless facilities shall be constructed out of non-reflective materials (visible exterior surfaces only), or materials and colors consistent with surrounding backdrop. Anodized metal is an acceptable treatment.

5.

Design Preservation. Applicants are responsible for maintaining and preserving design and aesthetic features for each facility, ancillary equipment and any support infrastructure, including, but not limited to, color, tint, shade, treatment, painting, surface treatment, replacement landscaping, stealth design, and concealment.

6.

Security Fencing. Security fencing is permitted along the perimeter of a wireless facility, except for any barbed wire, razor wire or any other fencing that would be inherently dangerous, and where such fencing would not obstruct an accessible path of travel, would not conflict with other applicable standards and regulations, and would not create conditions resulting in hazard to public health and safety.

7.

Volume. Except as otherwise defined by federal regulations, each individual antenna for a small cell wireless facility may not exceed three (3) cubic feet in volume and all antennas may not exceed six (6) cubic feet in volume. All accessory equipment associated with a small wireless facility installed above ground level shall not cumulatively exceed: (i) nine (9) cubic feet in volume if installed in a residential district or within five hundred (500) feet from any structure approved for a residential use; or (ii) seventeen (17) cubic feet in volume if installed in a non-residential district. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the non-antenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground.

(Ord. NS-244, § 1, 5-6-2025)

10.09.110 - Modification of Existing Wireless Facilities Design Requirements.

A.

Modification of a previously approved facility, except for projects eligible for streamlined review under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.

1.

Modifications shall adhere to the conditions of approval and minimize visual impact as much as possible. Modifications shall incorporate applicable general design review criteria and conditional use permit criteria under this Chapter to the extent feasible.

Modifications eligible for streamlined review under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.

1.

Section 6409(a) Criteria. A project resulting in a substantial physical change is not eligible for use of Section 6409(a), consistent with provisions under federal regulations. A substantial change includes the following, or as established in federal regulations:

a.

Height.

i.

For towers other than towers in the public rights-of-way, the project increases the height of the tower by: i) more than ten percent (10%); or ii) the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater;

ii.

For other eligible support structures, the project increases the height of the structure by: i) more than ten percent (10%); or ii) more than ten (10) feet, whichever is greater.

Width.

i.

For towers other than towers in the public rights-of-way, the project involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower: i) more than twenty (20) feet; or ii) more than the width of the tower structure at the level of the appurtenance, whichever is greater;

ii.

For other eligible support structures, the project involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet.

c.

Equipment Cabinets.

i.

For any eligible support structure, the project involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or

ii.

For towers in the public rights-of-way and base stations, the project involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure.

d.

Excavation/Deployment Beyond Site.

i.

The project entails "any excavation or deployment outside the current site" where site means:

A.

For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site; and

B.

For other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

e.

Concealment Elements, modification is a substantial change if it would "defeat the concealment elements of" the wireless tower or base station.

f.

Other Conditions on the Wireless Tower or Base Station. A modification is also a substantial change if it does not comply with conditions—other than those conditions related to height, width, equipment cabinets, excavation/deployment, or concealment elements—associated with the siting approval of the construction or modification of the eligible support structure or base station equipment.

(Ord. NS-244, § 1, 5-6-2025)

10.09.120 - Minimum application requirements. ¶

A.

The following are the minimum criteria applicable to all antenna and personal wireless service facilities, except permitted facilities as defined in Section 10.09.050. In the event that a project is subject to discretionary and/or environmental review, mitigation measures or other conditions of approval may also be necessary. The City Manager may waive certain application submittal requirements if determined that said item is not necessary for evaluating the project for planning permit approval.

B.

The City Manager shall establish and maintain a list of information that must accompany every application for the installation of an antenna and personal wireless service facility. Said information shall include, but not be limited to, the following:

1.

Personal Wireless Facilities:

a.

Definition of the service area needed for coverage or capacity and service area maps and information showing that the proposed facility would provide the needed coverage or capacity.

b.

Alternative site analysis and map showing all alternate sites from which the needed coverage could also be provided, indicating the zoning for all such sites. The analysis shall address the potential for co-location at an existing or new site.

c.

Visual impact analysis; photo simulations/montages and/or visual impact demonstrations including mockups.

Noise impact analysis.

e.

Plans and drawings for the proposed facility.

f.

Master plan for all related facilities currently in the City and planned in the future, including information about the location, height and design of each facility within the City limits of Monte Sereno and within onequarter (¼) mile therefrom. The City may share such information with other applicants applying for administrative approvals and/or use permits under this ordinance or other providers/carriers seeking to locate antennas within the jurisdiction of the City, provided, however, that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

g.

Facility design alternatives to the proposal.

h.

Deposits for peer review.

CEQA compliance documentation.

j.

Radiofrequency/electromagnetic emission compliance report.

k.

Compliance verification statement.

l.

Description of any concealment elements, or stealth or camouflaging methods.

2.

Small Cell Wireless: Applicants submitting applications for more than two (2) locations will be required to batch their applications.

a.

Plans and drawings for each proposed facility.

b.

Listing of all small cell facilities included in the batch of applications.

c.

Map identifying the location of all wireless facilities within five hundred (500) feet of the proposed sites.

d.

For projects involving existing or proposed City facilities: operations and maintenance agreement/master license agreement, in a form approved by the City Attorney.

e.

For projects involving utility poles and facilities not owned by the City: authorization letter from the applicable owners/joint power authorities.

f.

Visual impact analysis: photo simulations/montages and/or other visual impact aids.

g.

Radiofrequency/electromagnetic emission compliance report.

h.

Compliance verification statement.

Antennas (TV, Satellite, Ham Radio):

a.

Plans and drawing for the proposed facility.

b.

Visual impact analysis: photo simulations/montages and/or other visual impact aids.

4.

Replacement and Modification of Facilities:

a.

Plans and drawings for each proposed facility.

b.

Projects using Section 6409(a) shall identify how the project meets the criteria for Section 6409(a) eligible facilities.

c.

Radiofrequency/electromagnetic emission compliance report.

C.

The City Manager is explicitly authorized at his/her discretion to employ on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this Section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.

(Ord. NS-244, § 1, 5-6-2025)

10.09.130 - Discontinuance of use/facility removal.

A.

All equipment associated with an antenna or personal wireless service facility shall be removed within ninety (90) days of the discontinuation of use and of receipt of notice from the City Manager notifying the owner of such discontinuation of use. Any personal wireless service facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such personal wireless service facility shall remove same within ninety (90) days of receipt of notice from the City Manager notifying the owner of such abandonment. The site where a personal wireless service facility has been discontinued or abandoned shall be restored to its original preconstruction condition. If such personal

wireless service facility is not removed within said ninety (90) days, the City Manager may remove such facility at the property owner's expense, and such expense may be placed as a lien on the property, if not paid. If there are two (2) or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

(Ord. NS-244, § 1, 5-6-2025)

10.09.140 - Location. ¶

A.

All personal wireless service facilities shall be located so as to minimize their visibility and the number of distinct facilities present. No personal wireless service facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the City Manager or City Council, as appropriate, is submitted showing that this is the only technically feasible location for this facility.

(Ord. NS-244, § 1, 5-6-2025)

10.09.150 - Notice requirements. ¶

A.

Public notices for antennas or personal wireless service facilities requiring conditional use permits shall be to all adjacent property owners within five hundred (500) feet when facilities exceed seventy (70) feet in height.

(Ord. NS-244, § 1, 5-6-2025)

10.09.170 - Waivers and Exceptions. ¶

A.

An applicant may request a waiver of a design or development standard if it may render a project technically infeasible or if compliance would result in inconsistency with state or federal law. Consideration of the request shall follow the procedures as follows:

1.

The Applicant shall bear the burden of a timely request for a waiver and submitting clear evidence demonstrating the need for the waiver.

2.

The review authority must grant the waiver if one (1) or more of the following findings can be made:

a.

Enforcement of the existing development or performance standard is impossible due to technical infeasibility, which has been reasonably demonstrated to the decision maker by the applicant, typically by

information or explanation provided by a licensed Engineer.

b.

Enforcement of the existing development or performance standard would result in the effective prohibition of wireless telecommunication services.

c.

Enforcement of the existing development or performance standard would unreasonably discriminate among providers of functionally equivalent services.

d.

The reviewing authority in consultation with the City attorney determines that enforcement of the performance or development standard under the circumstances presented in the request would be inconsistent with State or Federal law or State or Federal regulations.

B.

Other Exceptions. To the requirements specified in this Chapter may be granted through issuance of a Use Permit by the City Council. Such a permit may only be approved if the City Council finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.

1.

Antenna facility setbacks may be reduced under any of the following circumstances:

a.

The facility is proposed to be co-located onto an existing legally established antenna facility; and

b.

Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(Ord. NS-244, § 1, 5-6-2025)

Chapter 10.10 - USE PERMITS, VARIANCES AND EXCEPTIONS

Sections:

10.10.010 - Use permits. ¶

The City Council, in its discretion, may issue permits for those uses for which permits are required by the terms of this Title as provided herein. Use Permits may include such conditions as the Council may require and may be revocable and/or issued for a determined period of use, in any manner consistent with the

purpose of this Title. In considering an application for a Use Permit, the City Council shall also consider the recommendation of the Site and Architecture Commission.

A.

Application. Application for Use Permits shall be filed with the City Clerk and shall be of such form and scope as the Council shall prescribe to assist the Council in determining whether:

1.

The granting of the permit is necessary for the preservation and enjoyment of substantial property rights of the petitioner.

2.

The granting of such permit will not, under the circumstances of the particular case, materially affect adversely the health, welfare or safety of persons residing or working in the neighborhood of the property of the applicant, nor be materially detrimental to the public welfare or injurious to property or improvements in the community.

3.

The application shall include: (a) a description of the land for which the application is submitted; (b) a statement of the nature of the use, occupation and purpose for which the permit is desired; and (c) a statement by the applicant that the facts and maps presented with said application are true and correct. A fee established by the City Council shall be paid upon filing of each application for use permit.

B.

Notice and Public Hearings. Upon the filing of a sufficient and proper application for Use Permit, the City Clerk shall set the time and place of public hearing and shall give notice of such public hearing before the Site and Architecture Commission. The Site and Architecture Commission shall make recommendations to the City Council on the requested Use Permit. Following the public hearing before the Site and Architecture Commission, the City Clerk shall set the time and place of public hearing before the City Council to act on the application for the use permit.

C.

Findings. If the City Council is able to make all of the following findings the Council may grant the Use Permit subject to any reasonable conditions the Council may prescribe.

1.

The proposed use will not impair the integrity and character of the zoning district.

2.

The proposed use would not be detrimental to public health, safety or general welfare.

The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of this Title.

4.

The proposed use as designed, will not cause a substantial adverse impact upon the environment, or the proposed use will provide public benefits which outweigh the substantial adverse impact upon the environment.

5.

Conditions exist, or can be required, to mitigate any adverse impacts associated with the use.

D.

Termination of Use Permits.

1.

Revocation for Failure to Comply with Terms of Permit. In any case where the conditions or limitations to the Use Permit granted have not been complied with, the Council shall give notice to the permittee that the Permit will be revoked, and shall revoke said Permit if stated requirements are not met within sixty (60) days of the date of notice.

2.

Abandonment. In any case where a Use Permit has not been used within one (1) year from the date of issuance, such Use Permit shall be automatically null and void without further action of the Council. If, after issuance, the Use Permit is continuously not used for any period of one (1) year, the Use Permit shall become automatically null and void without further action of the Council.

(Ord. NS-223, § 5, 4-7-2020)

10.10.020 - Variances. ¶

Variances from the requirements of this Title shall only be granted where permitted by Government Code section 65906, where because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under an identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this Section shall not apply to conditional use permits.

A variance may be granted as provided in this Section subject to such conditions as the City Council may deem reasonable to carry out the purpose of this Title. In considering an application for a variance, the City Council shall consider the recommendations of the Site and Architecture Commission.

A.

Application. Application for variance shall be filed with the City Clerk and shall be of such form and scope as the Council shall prescribe to assist the Council in determining whether the findings for granting a variance can be made. The application shall include a statement by at least one (1) of the applicants that the facts and maps presented with said application are true and correct. A fee, as set by the City Council shall be paid upon the filing of each application for a Variance.

B.

Notice and Hearings. Upon the filing of a sufficient and proper application for variance, the City Clerk shall set the time and place of public hearing and shall give notice of such public hearing before the Site and Architecture Commission. The Site and Architecture Commission shall make recommendation to the City Council on the requested variance. Following the public hearing before the Site and Architecture Commission, the City Clerk shall set the time and place of public hearing before the City Council to act on the application for the use permit.

C.

Findings. Before granting a variance, the City Council shall make all of the findings set out above.

D.

Revocation for Failure to Comply with Terms of Variance. In any case where the conditions or limitations to the Variance granted have not been complied with, the Council shall give notice to the permittee that the Variance will be revoked, and shall revoke said Variance if stated requirements are not met within sixty (60) days of the date of notice.

E.

Abandonment. In any case where a Variance has not been used within one (1) year from the date of issuance, such Variance shall be automatically null and void without further action of the Council. If, after issuance, the Variance is continuously not used for any period of one (1) year, such Variance shall be automatically null and void without further action of the Council.

(Ord. NS-223, § 6, 4-7-2020)

Chapter 10.11 - AMENDMENTS, ANNEXATIONS AND ENFORCEMENT

Sections:

10.11.010 - Amendments. ¶

A.

Authority. Whenever the public necessity, convenience or general welfare requires, the City Council may, by ordinance amend, modify or repeal any of the regulations and provisions of this Title in the manner provided by State law and the terms of this Chapter.

B.

Initiation and Petitions. An amendment may be initiated by the City Council, either in response to a petition by one (1) or more owners of property directly affected by the amendment or upon the Council's own motion. Petitions for amendment shall be filed with the City Clerk and shall be of such form and scope as the Council shall prescribe. The petition shall include a statement by at least one (1) of the petitioning property owners that the facts and maps presented with the petition are true and correct. A fee, as established by the City Council from time to time, shall be paid upon the filing of each petition for amendment. The City Clerk shall refer the petitions to the City Council for its action at the next regular meeting thereof.

C.

Notice and Public Hearing.

1.

Upon the receipt of a sufficient and proper petition for amendment or the adoption by the Council of a resolution to amend, the City Council shall set the time and place for a first reading and public hearing regarding the amendment.

2.

The public hearing and action taken shall be conducted in accordance with Section 65801 of the Government Code as it may be amended. Any hearing may be continued from time to time.

D.

Findings and Action. Any amendment to the zoning code shall be consistent with the General Plan.

10.11.015 - PD District amendment process. ¶

A.

Proceedings to zone certain territory to a Planned Development District may be initiated by the City Council in response to a petition joined in by all the territory covered by the petition.

B.

The provisions of this Chapter shall apply to the initiation, adoption and amendment of any Planned Development District. To the extent that any provision of this part conflicts with any other provision of this Chapter, the provision of this part shall apply.

C.

General Development Plan Requirements.

1.

The Planned Development District shall be individually designed to meet the needs of the territory so zoned. The uses and requirements of the Planned Development District shall be reflected in the general development plan which is adopted as part of the planned development zoning ordinance. The general development plan shall include, when applicable:

a.

All public and private use areas appropriately mapped, clearly identified, and shaded, including.

b.

All permitted land uses, including unit type (single-family dwelling, two-family dwelling, etc.) and size for residential uses.

c.

Landscape areas, common open space, private open space, and public open space.

d.

All public streets, private streets and driveways within the proposed PD Zone, labeled "public street". "private street", or "driveway" with total right-of-way width dimensioned.

e.

All public and private streets adjacent to the proposed Planned Development Zone, labeled "public" or "private" and showing dimension from street centerline to ultimate right-of-way edge.

f.

All public and private easements, including parking, access, utility, and pedestrian easements showing purpose and beneficiary of each easement.

2.

Zoning regulations which include and specify:

a.

Permitted, conditional and special use allowances.

b.

Development standards, including:

(1)

All setbacks;

(2)

Building heights (stories and feet);

(3)

Parking (number of spaces and ratios);

(4)

Minimum lot size and dimensions, if applicable;

(5)

Minimum density, if applicable.

(6)

Where landscaping is to serve a particular function, such as a screen or buffer, the particular function and landscape concept shall be identified. Where landscaping is proposed in the public right-of-way, the maintenance responsibility shall be specified.

(7)

Clear descriptions of any required off-site work, including street and infrastructure improvements.

(8)

Noise attenuation requirements, if any.

(9)

Environmental mitigation as required by the environmental clearance.

(10)

Any other appropriate conditions of approval.

3.

Additional graphic (i.e., mapped) information as applicable, including:

a.

The location of the closest buildings, both existing and approved, on adjacent properties.

b.

All existing structures which are to be retained.

c.

All significant existing natural features, including:

(1)

Ordinance size trees.

(2)

Creeks and waterways.

(3)

Rock outcroppings.

(4)

The location and required height of sound walls.

(5)

Topography shown, sufficient to describe terrain, including top of bank, where site is adjacent to creek or has an existing overall slope of more than two percent (2%).

(6)

Proposed grading if any cut or fill slope exceeds eighteen (18) inches.

4.

Building elevations which illustrate the intended architectural style and character and the size, shape, materials and general detaining of buildings.

5.

The Planning Department may recommend and/or the City Council may adopt conditions of approval that include alternative means of compliance for a specific project impact where each alternative adequately addresses the same specific project impact.

6.

Nothing herein shall preclude the Planning Department or the City Council from requiring any additional information to be shown on the general development plan.

7.

Any change to an adopted general development plan shall require the filing and consideration of an application in accordance with the provisions of this Chapter.

D.

City Council Action.

Notice and public hearing.

a.

Upon the receipt of a sufficient and proper application for amendment or the adoption by the Council of a resolution to amend, the City Council shall set the time and place for a first reading and public hearing regarding the amendment to a planned development zoning district.

b.

The public hearing and action taken shall be conducted in accordance with Section 65801 of the Government Code as it may be amended. Any hearing may be continued from time to time.

2.

After a public hearing the City Council may:

a.

Approve the proposed zoning to the Planned Development District.

b.

Deny the proposed zoning to the Planned Development District.

c.

Adopt an ordinance changing the proposed zoning without applicant approval regardless of how substantially this may differ from the proposed zoning. Without limiting the generality of the preceding sentence, the ordinance may:

(1)

Zone all or only part of the subject territory to the Planned Development District;

(2)

Provide a base district zoning which differs substantially from the proposed base district zoning;

(3)

Include a general development plan which differs substantially from the proposed general development plan.

3.

Findings and Action. Any amendment to the zoning code or zoning map shall be consistent with the general plan.

(Ord. NS-215, § 3, 4-3-2018)

10.11.020 - Annexations. ¶

All territory being annexed or to be annexed to the City of Monte Sereno may, by action of the City Council, be:

A.

Pre-zoned in accordance with the procedure prescribed by State law, or

B.

Given the same zoning classification as that previously applicable to said territory under the Santa Clara County Zoning Ordinance pending re-zoning by the City Council.

C.

In the absence of action by the City Council, the zoning prescribed by Subsection B above shall automatically apply.

10.11.030 - Enforcement as public nuisance. ¶

Without limiting the ability of the City to enforce a violation of this Title as a misdemeanor or infraction, any structure set up, erected, built, moved or maintained and/or use of property contrary to the provisions of this Title shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the City Attorney shall immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such buildings or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such structure or using any property contrary to the provisions of this Chapter.