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Montclair · Building on your lot

Building on your lot in Montclair

Montclair limits accessory structures on R-1 lots by lot size and requires a permit for a home occupation. It also sets minimums for pool enclosures, flood-zone floor heights and residential parking.

Key points

  • Accessory structures: On R-1 lots, accessory structures are limited to 1 story or 15 feet and 200 to 1,400 total square feet, depending on lot size.
  • Home businesses: A home occupation permit is required, and the business may use no more than 1 room and employ only resident family members.
  • SB 9 lot splits: Each new lot must be 40% to 60% of an original lot of at least 2,400 square feet, and at least 1,200 square feet.
  • Pool enclosures: Pool enclosures must be at least 5 feet high, and self-latching gate devices at least 4 feet 6 inches above ground.
  • Flood zones: New or substantially improved homes in Zones AE, AH and A1-30 must have the lowest floor, including basement, 2 feet above base flood elevation.
  • Parking: Required parking spaces must be at least 9 by 20 feet; duplex and multifamily units need at least 2 spaces in an enclosed garage.

Each rule below is marked Montclair code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Sheds, garages and other accessory structures

Montclair code On R-1 lots, accessory structures are limited to 1 story or 15 feet and 200 to 1,400 total square feet, depending on lot size.

All 8 Montclair rules on sheds, garages and other accessory structures, with the code text →

Running a business from home

Montclair code A home occupation permit is required, and the business may use no more than 1 room and employ only resident family members.

All 5 Montclair rules on running a business from home, with the code text →

Lot splits under SB 9

Montclair code Each new lot must be 40% to 60% of an original lot of at least 2,400 square feet, and at least 1,200 square feet.

All 7 Montclair rules on lot splits under SB 9, with the code text →

Swimming pools

Montclair code Pool enclosures must be at least 5 feet high, and self-latching gate devices at least 4 feet 6 inches above ground.

All 8 Montclair rules on swimming pools, with the code text →

Building in a flood zone

Montclair code What Montclair's code adds
Floodplain permit
  • A development permit is needed before any construction or development, including manufactured homes, in a special flood hazard area.
    § 9.26.430 · code text
    A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 9.26.320.
Building in a floodway
  • No new construction or development, including fill, unless all development combined raises base flood levels no more than 1 foot.
    Applies: Applies in Zones A1-30 and AE until a regulatory floodway is adopted. The limit applies at any point in the city.
    § 9.26.560 · code text
    Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Montclair.
  • No encroachments, including fill, new construction and substantial improvements, unless a registered civil engineer certifies no flood level rise.
    Applies: Applies within an adopted regulatory floodway, for flood levels during the base flood discharge.
    § 9.26.560 · code text
    Within an adopted regulatory floodway, the City of Montclair shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
Height of the lowest floor
  • The lowest floor, including basement, must be 2 feet above the base flood elevation.
    Applies: New or substantially improved homes in Zones AE, AH and A1-30.
    § 9.26.510 · code text
    In AE, AH, and A1-30 Zones elevated two above the base flood elevation.
  • The lowest floor must be 2 feet above the flood map's depth number, measured from the highest adjacent grade.
    Applies: New or substantially improved homes in an AO Zone where the flood map (FIRM) shows a depth number.
    § 9.26.510 · code text
    In an AO Zone elevated above the highest adjacent grade to a height 2 feet above the depth number specified in feet on the FIRM or elevated at least 4 feet above the highest adjacent grade if no depth number is specified.
  • The lowest floor must be at least 4 feet above the highest adjacent grade.
    Applies: New or substantially improved homes in an AO Zone where the flood map (FIRM) shows no depth number.
    § 9.26.510 · code text
    In an AO Zone elevated above the highest adjacent grade to a height 2 feet above the depth number specified in feet on the FIRM or elevated at least 4 feet above the highest adjacent grade if no depth number is specified.
  • The lowest floor, including basement, must be 2 feet above the base flood elevation.
    Applies: New or substantially improved homes in an unnumbered A Zone, where the flood map (FIRM) shows no base flood elevation.
    § 9.26.510 · code text
    In an A Zone, without BFEs specified on the FIRM (unnumbered A Zone) elevated two above the base flood elevation as determined under Section 9.26.420(C).

Grading and erosion control

Montclair code What Montclair's code adds
Erosion control plan
  • All projects that need a grading permit must submit erosion and sediment control plans for approval.
    § 9.24.430 · code text
    All projects requiring a grading permit must have erosion-and-sediment-control plans submitted for approval.

Garage and yard sales

Montclair code No more than 3 days in a row, on any days of the week. No more than 3 days in a row, on any days of the week.

All 5 Montclair rules on garage and yard sales, with the code text →

Family child care homes

CA state law California law
Zoning
A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning
Business license or fee
A city or county may not charge a business license, fee or tax to run a family child care home
Local rules
Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone
Small home
Up to eight children, counting the provider's own children under 10 who live there
Large home
7 to 14 children, counting the provider's own children under 10 who live there

Parking spaces required for homes

Montclair code Required parking spaces must be at least 9 by 20 feet; duplex and multifamily units need at least 2 spaces in an enclosed garage.

All 9 Montclair rules on parking spaces required for homes, with the code text →

Home alarm permits and false alarms

Montclair code What Montclair's code adds
When a permit can be revoked
  • The permit is revoked on the Police Chief's recommendation after more than 6 false alarms in any consecutive 365-day period
    § 4.12.110 · code text
    Alarm system for which the alarm system permit is issued emits more than six false alarms during any consecutive 365-day period;

Signs on homes

Montclair code Not sooner than 60 days before the election At most 8 square feet; a double-faced sign may be 8 square feet on each side

All 10 Montclair rules on signs on homes, with the code text →

Historic homes

Montclair code Goes to the Historic Preservation Commission if the Planning Division finds the work affects the exterior appearance Only the City Council may approve, and only on a showing of hardship

All 3 Montclair rules on historic homes, with the code text →

Other Montclair rules on this

Montclair's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

What are the rules for building in a Montclair flood zone?

New or substantially improved homes in Zones AE, AH and A1-30 must have the lowest floor, including basement, 2 feet above base flood elevation.

What are the grading rules in Montclair?

Montclair's code: All projects that need a grading permit must submit erosion and sediment control plans for approval. (§ 9.24.430).

Can I run a family child care home in Montclair?

California law sets this for every city, including Montclair: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

Do I need a permit for a home alarm in Montclair?

Montclair's code: The permit is revoked on the Police Chief's recommendation after more than 6 false alarms in any consecutive 365-day period (§ 4.12.110).

General information, not legal advice.

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