Plain-English answers to common homeowner questions, taken from Saratoga's published ordinances, with every rule linked to the section it comes from.
Last reviewed
Accessory Dwelling Units (ADUs) Yes. On a lot with a single-family home, Saratoga allows one ADU inside or attached to the house (or in an existing accessory structure), up to two junior ADUs, and one new detached ADU. A detached ADU can be up to 1,200 sq ft if it stays out of the side and rear setback areas, or up to 1,000 sq ft with 4-foot side and rear setbacks (800 sq ft is always allowed), and up to 16 feet tall. No owner-occupancy is required for an ADU, only for a junior ADU, and the City must decide a complete application within 60 days.Allowed
Backyard Chickens Probably yes, as pets, but this is our reading rather than an explicit rule: Saratoga's code doesn't mention chickens or hens by name, but R-1 zones allow keeping a "reasonable number" of birds for private use, as pets only and not for sale or breeding. There's no set hen limit or permit; the City judges what is reasonable based on lot size, noise, odor and closeness to neighbors. Confirm with Community Development before getting hens.Allowed
Short-Term Rentals (Airbnb / VRBO) No. Saratoga's City Code bans renting any home, or any part of a home such as a room, for 30 consecutive days or less, and also bans advertising such a rental. Fines run up to $1,500 for a first violation, $3,000 for a second and $5,000 for each further violation within a year.Not allowed
Fences Solid fences can be up to 6 feet tall (plus up to 2 feet of open lattice on top), and open fences such as wrought iron or split rail up to 8 feet. Inside the required front setback area, fences are limited to 3 feet. The City Code requires a building permit for any solid fence over 6 feet (which also needs special approval); it doesn't say whether a tall open fence needs one, so ask the Building Division.Allowed
Sheds & Accessory Buildings Garden sheds are a permitted accessory use in Saratoga's R-1 zones, but enclosed accessory structures can't go in required setback areas unless an exception applies. With Community Development Director approval, a shed of up to 250 sq ft can sit in the rear setback area at least 6 feet from the side and rear lot lines, at a height of 6 feet plus 1 foot for each extra foot of setback, up to 10 feet. Anywhere else on the lot, accessory structures are capped at 15 feet tall.Allowed with board review
Burn Permits & Backyard Fires Burning brush or yard waste on a typical Saratoga home lot generally isn't allowed: the Bay Area Air District's Regulation 5 bans open burning except for 17 listed fire types, mostly agricultural, flood-control and fire-agency burns, though the Air District also lists fire-hazard-reduction burning among legal fire types, so hillside owners clearing brush should ask the fire department. Saratoga's City Code has no local burn-permit or fire-pit ordinance, but a permanent freestanding outdoor fireplace needs Community Development Director approval and must be at least 6 feet from side and rear property lines.Restricted
Home-Based Businesses Yes, for low-impact businesses. Home occupations are a permitted use in Saratoga's R-1 districts if they follow Article 15-40: the work must happen inside the house by a resident, no non-resident employees, nothing visible from outside, and no offices where clients are regularly met. Medical offices are not allowed as home occupations in residential zones.Allowed
Swimming Pools Yes. Private swimming pools are a permitted use in Saratoga's R-1 zones. A pool can't sit in the front or side setback areas, but it may go in the rear setback area as long as the water line stays at least 6 feet from every property line. Pool fencing follows the California Building Code, and you'll need a building permit.Allowed with a permit
Building Near the Coast or Creeks Saratoga is inland, so coastal permits don't apply; the water rules here are about creeks and flood zones. Where a protected creek runs through or along a lot, building setbacks for new construction are measured from the top of the creek bank instead of the property line, and a creek protection easement is required. Any construction in a FEMA special flood hazard area needs a floodplain development permit, and new or substantially improved homes must have the lowest floor at least 1 foot above base flood elevation.Allowed with board review
Docks, Piers & Floats Saratoga's City Code we reviewed doesn't regulate private docks, piers or floats. Saratoga is an inland foothill city with creeks but no lake or bay frontage, so residential docks are essentially not a local issue; any structure in or over a creek would fall under the City's creek setback and floodplain rules and state streambed rules.Not specifically regulated
Sources and contacts
Code enforcement: Community Development Department - Code Compliance (Building Division 408-868-1240), 13777 Fruitvale Avenue, 408-868-1230 (code enforcement hotline); Community Development 408-868-1222 · website