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HomeMy WebLinkAboutOrd. 1599-2020 (20-343)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1599-2020 File Number: 20-343 Enactment Number: ORD 1599-2020 ORDINANCE AMENDING TITLE 20 (ZONING) OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS. WHEREAS, in 2016, 2018, and 2019, the California legislature amended California Government Code section 65852.2 and 65852.22 outlining the standards by which local jurisdictions must approve and regulate the development of Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), the purpose of which is to reduce governmental barriers and to increase the supply of smaller and affordable housing; and WHEREAS, in 2019, Governor Gavin Newsom signed into law Assembly Bill 881 (Bloom, Chapter 659, Statutes of 2019), Assembly Bill 68 (Ting, Chapter 655, Statutes of 2019) and Senate Bill 13 (Wieckowski, Chapter 653, Statutes of 2019), which all became effective on January 1, 2020; and WHEREAS, among other requirements, these new bills amended Government Code sections 65852.2 and 65852.22 and require cities to further relax their regulation of ADUs and JADUs by facilitating the conversion of existing buildings into ADUs; reducing, and in some cases removing altogether, the parking requirements for ADUs and JADUs; requiring cities to permit multiple ADUs on most or all lots containing multifamily dwellings, to permit up to two ADUs on most or all lots containing existing single family dwellings, to permit JADUs on most or all lots containing single-family dwellings; and generally prohibiting the imposition of a connection fee or capacity charge for utilities serving the ADU and JADUs; and WHEREAS, Government Code Section 65852.2(a)(4), as amended, provides that any existing local ADU ordinance failing to meet the requirements of the new state law shall be null and void unless and until the local agency adopts a new ordinance complying with California Government Code Section 65852.2; and WHEREAS, in the absence of a valid local ordinance, the new state law instead provides a set of default standards governing local agencies' regulation and approval of ADUs and JADUs; and WHEREAS, the City of South San Francisco's ("City") current ordinance regarding ADUs and JADUs was updated in 2016 and 2018, and, as the City desires to continue enforcing its current ordinance, now must be further updated to comply with newly amended state law; and WHEREAS, the City has prepared a draft ordinance amending existing Section 20.350.035 (Accessory Dwelling Units) of Title 20 (Zoning) and other related land use definitions and zoning regulations of the South San Francisco Municipal Code in order to comply with current state law; and WHEREAS, the amendments to the City's Zoning Code do not propose any changes to City policies or City of South San Francisco File Number: 20-343 Enactment Number., ORD 1599-2020 regulations that would result in a direct or indirect physical environmental impact, and would implement the requirements of Government Code Sections 65852.1 and 65852.2; and WHEREAS, on April 16, 2020, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments, take public testimony, and adopted Resolution No. 2852-2020 making a recommendation to the City Council on the project; and WHEREAS, on May 13, 2020, the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments, take public testimony, and adopt the recommendation of the Planning Commission on the proposed revisions to the City's Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, both written and oral, including without limitation the public comment, staff reports, minutes, and other relevant materials, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council of South San Francisco hereby makes the following findings: A. General Findings 1. The foregoing recitals are true and correct and made a part of this Ordinance. 2. The Record for these proceedings, and upon which this Ordinance is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. ("CEQA")) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the South San Francisco General Plan and General Plan EIR, including all amendments and updates thereto; the South San Francisco Municipal Code; the Zoning Ordinance Text Amendments; and all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed April 16, 2020 meeting and the City Council's duly noticed May 13, 2020 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. B. CEOA Findints 1. The City Council hereby finds and determines that the adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines because it is an accessory dwelling unit ordinance that is implementing the provisions of Government Code Sections 65852.1 and 65852. City of South San Francisco File Number. 20-343 Enactment Number: ORD 1599-2020 C. Zoning Text Amendment Findings 1. The proposed Zoning Text Amendment is consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies, is consistent with the relevant specific plans, and is consistent with the City's overall vision for providing a diversity of housing types responsive to household size, income, and age needs. None of the new or revised requirements for accessory dwelling units and junior accessory dwelling units will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2. The Zoning Text Amendment would encourage the creation of accessory dwelling units and junior accessory dwelling units on residentially zoned properties to provide opportunities for affordable housing stock. The zoning districts where accessory dwelling units and junior accessory dwelling units are permitted are generally suitable in terms of access, size of parcel, relationship to similar or related uses, and other considerations as deemed relevant by the Planning Commission and City Council because the proposed uses are consistent with General Plan policies, specifically those policies which promote developing a diverse housing stock. 3. The proposed revisions and additions to the accessory dwelling unit regulations will not be detrimental to the use of land in any adjacent zone because the Amendment will refine existing performance standards and introduce new standards for accessory dwelling units to ensure that any future accessory dwelling units are compatible with surrounding residential uses. SECTION II. AMENDMENTS. 1. The following provisions of Title 20, "Zoning" of the South San Francisco Municipal Code are amended to read as set forth in Exhibit A to this ordinance: a. Section 20.630.002, "Definitions" of Chapter 20.630, "Terms and Definitions"; b. Section 20.620.002, "Residential Use Classifications" of Chapter 20.620, "Use Classifications"; c. Land Use Regulations Tables applicable to the Commercial, Office, and Mixed -Use Districts; Downtown Districts; Transit Village Sub -Districts; El Camino Real/Chestnut Sub - Districts; and Downtown Station Area Specific Plan Sub -Districts; d. Parking Requirement Tables for Required On -Site Parking Spaces and Required Parking Spaces for Downtown Districts; e. Section 20.320.004, "Alterations and Enlargements to Nonconforming Structures" of Chapter 20.320, "Nonconforming Uses, Structures and Lots"; and f. Section 20.350.035, "Accessory Dwelling Units" of Chapter 20.350, "Standards and Requirements for Specific Uses and Activities". City of South San Francisco File Number. 20-343 Enactment Number. ORD 1599-2020 2. Sections, subsections, table and other provisions of the South San Francisco Municipal Code that are not amended by this Ordinance are not included in Exhibit A, and shall remain in full force and effect. SECTION III. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 13th day of May 2020. At a meeting of the City Council on 5/27/2020, a motion was made by Councilmember Nagales, seconded by Councilmember Nicolas, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember Nicolas, and Councilmember Matsumoto Attest by ode,' Rosa Go ea Acosta, City Clerk Richard Garbarino, Mayor City of South San Francisco EXHIBIT A Amendments to the South San Francisco Municipal Code Pertaining to Accessory Dwelling Units A. Revise Section 20.630.002, "Definitions" of Chapter 20.630, "Terms and Definitions" to add the following terms and definitions: Section 20.630.002 Definitions Accessory Dwelling Unit. See Dwelling Unit, Accessory. Dwelling Unit, Accessory. An attached, detached, or converted residential unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing or proposed single or multi -unit dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single or multi -unit dwelling is or will be situated. See also Section 20.350.035 ("Accessory Dwelling Units"). Junior Accessory Dwelling Unit. A residential unit that is no more than 500 square feet in size and contained entirely within a single -unit dwelling. See also Section 20.350.035 ("Accessory Dwelling Units"). Setback (Yard). The area between a property line and a building or structure which must be kept clear or open. See also Section 20.040.004 ("Measuring Distances"), and Section 20.040.012 ("Measuring Setbacks (Yards)"). B. Revise Section 20.630.001, "List of Terms", of Chapter 20.630, "Terms and Definitions" to add the following terms: Section 20.630.001 List of Terms Accessory Dwelling Unit Junior Accessory Dwelling Unit C. Revise Section 20.620.002, "Residential Use Classifications" of Chapter 20.620, "Use Classifications" to read as follows: Section 20.620.002 Residential Use Classifications Accessory Dwelling Unit. A dwelling unit providing complete independent living facilities for one or more persons that is located on a lot with a primary, single or multi -unit dwelling. An accessory dwelling unit may be within the same structure as the primary unit, in an attached structure, or in a separate structure on the same lot. Accessory Dwelling Unit, Junior. An accessory dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Single -Unit Dwelling. A dwelling unit designed for occupancy by one household, where all rooms are internally connected and internally accessible via habitable space, and located on a separate lot from any other unit (except accessory dwelling units, where permitted). This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code, and the use of a single- family residential structure as employee housing for six or fewer employees consistent with Section 17021.5 of the California Health and Safety Code. Multiple -Unit Residential. This use classification refers to two or more dwelling units on a single lot. Multiple -unit residential types include duplexes and multi -units, such as townhouses, single -unit groups, garden apartments, senior citizen residential developments, multi -story apartment buildings, and transitional residential development. Duplex. A single building on a separate lot that contains two dwelling units or two single -unit dwellings on a single lot. This use is distinguished from an Accessory -Dwelling Unit, which is considered a secondary residential unit, or incidental to a primary dwelling unit as defined by State law and this chapter. Multi -Unit. Three or more dwelling units on a single site or lot. Types of multi -unit dwellings include townhouses, garden apartments, senior housing developments, micro -units, and multi- story apartment buildings. D. Revise the Land Use Regulations Tables applicable to the Commercial, Office, and Mixed -Use Districts; Downtown Districts; Transit Village Sub -Districts; El Camino Real/Chestnut Sub -Districts; and Downtown Station Area Specific Plan Sub - Districts to read as follows: Table 20.090.002 Land Use Regulations—Commercial, Office, and Mixed -Use Districts Use Classification CC 13P0 CMX I ECRMX lAdditional Regulations Residential Use Types Single -Unit Dwelling See sub -classifications below Single Unit Detached Use Classification CC BPO I CMX JECRMXIAdditional Regulations Residential Use Tvpes Accessory Dwelling (1) (1) p p See Accessory Dwelling Unit Single -Unit Dwelling See sub-classi ications below Residential Use Units in Chapter 20.350 Single Unit Semi- P P C - Accessory Dwelling Unit Attached (1) (1) (1) (1) Single Unit Semi- Attached Single- Unit Attached 1) (1) 1C P(2) Single- Unit Attached Multi -Unit Residential See sub-classi ications below Duplex (1) P(1) C 1 Multi -unit (1 - P(3) P(2 Senior Citizen Multi -Unit P/MUP(4) P P Residential Senior Citizen Residential P/MUP(4) P(3) P(2) Table 20.100.002 Land Use Regulations—Downtown Districts Use Classification DMX I DRL I DRM I DRH JAdditional Regulations Residential Uses Single -Unit Dwelling See sub-classi ications below Residential Use Single Unit Detached 1 P P C - Accessory Dwelling Unit P p p p See Accessory Dwelling Units in Chapter 20.350 Single Unit Semi- Attached (1) p p p P Single- Unit Attached MUP(2) P I P P P(1) Multiple -Unit Residential See sub-classi ications below Duplex MUP(2) P P P Multi -Unit P/MUP(4) P P P Senior Citizen Residential P/MUP(4) P P P Table 20.250.003 Land Use Regulations for Transit Village Sub -Districts Uses Permitted TV -C TC -R RM I TV-RH iAdditional Regulations Residential Use Classifications Single -Unit Dwelling See sub-classi ications below Single- Unit Attached - - P P Accessory Dwelling See Accessory Dwelling Units in Unit P P P P Chapter 20.350 Multi -Unit Residential I P(l)_ P(1) P P (Uses Permitted I TV -C I TC -R I � I TV-RH (Additional Regulations Residential Use Classifications Elderly and Long-term C C See Group Residential Facilities Care in Chapter 20.350 Table 20.270.003 Land Use Regulations for El Camino Real/Chestnut Sub -Districts Uses Permitted ECR/C- ECR/C- DRC ECR/C- Additional Regulations LNC A MXM RH Residential Use Regulations Residential Use Classifications Classifications See sub -classifications below Dwelling Single Unit Single -Unit Dwelling See sub-classi ication below Single- Unit Attached P(l) P Detached P Accessory Dwelling Unit P P P See Accessory Dwelling Units in Chapter 20.350 Multi -Unit Residential See sub -classifications below P P Multi -Unit C(1) C C Dwelling Units in Senior Citizen Residential C(1) C C Elderly and Long -Term Chapter 20.350 Single Unit Semi - See Group Residential Care C(l) C C Facilities in Chapter Attached 20.350 Table 20.280.003 Land Use Regulations Downtown Station Area Specific Plan Sub -Districts Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations Residential Use Classifications Single -Unit See sub -classifications below Dwelling Single Unit (1) Detached Accessory See Accessory Dwelling Unit P P P - P P Dwelling Units in Chapter 20.350 Single Unit Semi - Attached Single -Unit Attached Multiple -Unit See sub -classifications below Residential Duplex(1) 7 (1) Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional 2 spaces maximum per Single -Unit Residential Parking 2,500 to 2,999 square feet or 3 spaces per dwelling unit At least one space must be within a 5 bedrooms Regulations Multi -Unit C C 3 C 3 - C 3) C 3 3 spaces per dwelling Senior Citizen existing dwellings on lots adjacent A carport shall not be substituted for a to a lane. Accessory Dwelling Unit 1 space for each accessory dwelling unit or bedroom, Residential C - C - C (3) C (3) Multi -Unit Residential E. Revise the Parking Requirement Tables for Required On -Site Parking Spaces and Required Parking Spaces for Downtown Districts to read as follows: Table 20.330.004 Required On -Site Parking Spaces Land Use Classification IRequired Parking Spaces Residential Use Classifications Single -Unit, Detached or Attached Less than 2,500 square feet 2 spaces per dwelling unit General Requirements for all and 4 or fewer bedrooms 2 spaces maximum per Single -Unit Residential Parking 2,500 to 2,999 square feet or 3 spaces per dwelling unit At least one space must be within a 5 bedrooms 4 bedrooms garage. A carport shall not be substituted 3, 000 square feet or more or 4 spaces per dwelling unit 6 or more bedrooms garage spaces, up to a maximum of two spaces, must be maintained. for a required garage except for 3 spaces per dwelling 4 bedrooms existing dwellings on lots adjacent A carport shall not be substituted for a to a lane. Accessory Dwelling Unit 1 space for each accessory dwelling unit or bedroom, whichever is less, except accessory dwelling units which meet the criteria set forth in Section 20.350.035(G) are exempted from the parking requirement. Multi -Unit Residential Table 20.330.007 Required Parking Spaces, Downtown Districts Land Use Classification Re Required. Parking Spaces Single -Unit, Detached or Attached Less than 900 sq. ft. and 1 space per dwelling unit, General Requirements for all Sin lg_e- Unit Residential Parking": less than 3 bedrooms 2 spaces maximum per unit For new construction, required parking up to 2 spaces must be within a garage. 900 to 2,500 sq. ft. or 3 or 2 spaces per dwelling 4 bedrooms unit, minimum and For existing development, all existing maximum per unit garage spaces, up to a maximum of two spaces, must be maintained. 2,501 sq. ft. or more than 3 spaces per dwelling 4 bedrooms unit, minimum and A carport shall not be substituted for a maximum per unit required garage except for existing dwellings on lots adjacent to a lane. Land Use Classification Required Parking Spaces Accessory Dwelling Unit 1 space for each accessory dwelling unit or bedroom, whichever is less, except accessory dwelling units which meet the criteria set forth in Section 20.350.035(6) are exempted from the parking requirement. Multi -Unit Residential F. Revise Section 20.320.004, "Alterations and Enlargements to Nonconforming Structures" of Chapter 20.320, "Nonconforming Uses, Structures and Lots" to read as follows: Section 20.320.004 Alterations and Enlargements to Nonconforming Structures Nonconforming structures may be enlarged, extended, structurally altered, or repaired in compliance with all applicable laws subject to the following provisions: C. Notwithstanding the requirements of subsection A above, an accessory dwelling unit in compliance with Section 20.350.035 ("Accessory Dwelling Units") and State law may be developed on a lot that contains a single or multi -unit dwelling that is nonconforming with respect to standards. G. Revise Section 20.350.035, "Accessory Dwelling Units" of Chapter 20.350, "Standards and Requirements for Specific Uses and Activities" is amended and replaced in its entirety to read as follows: Section 20.350.035 Accessory Dwelling Units A permit shall be issued as a ministerial matter without discretionary review or hearing for an accessory dwelling unit within 60 days of receiving a complete application if there is an existing single or multi -unit dwelling on the lot and if the requirements of this Chapter ("Accessory Dwelling Units"), other requirements of the Zoning Ordinance, and other applicable City codes are met. If the permit application to create an accessory dwelling unit is submitted with a permit application to create a new single or multi -unit dwelling on the lot, the application for the accessory dwelling unit shall not be acted upon until the application for the new single or multi- unit dwelling is approved. A. Location. Accessory dwelling units may be established on any lot in any district where single and/or multi -unit dwellings are permitted or conditionally permitted, and a single or multi -unit dwelling has been previously established or is proposed to be established in conjunction with construction of an accessory dwelling unit. B. Type of Unit. An accessory dwelling unit shall provide separate, independent living quarters for one or more persons. An accessory dwelling unit may be one of the following: Attached: Added to the primary dwelling unit, typically to the side or rear. 2. Detached: A freestanding structure. 3. Converted: Located within the walls of an existing or proposed dwelling unit or existing accessory structure, or non -livable area within an existing multi -unit dwelling structure. C. Number of Units Allowed. 1. Single -Unit Lot: On a lot with an existing or proposed single -unit dwelling, one of the following shall be permitted: a. One accessory dwelling unit or junior accessory dwelling unit within the existing or proposed space of the primary dwelling unit or an accessory structure; b. One detached, new construction accessory dwelling unit plus one junior accessory dwelling unit within an existing or proposed single -unit dwelling; c. One detached accessory dwelling unit or one attached accessory dwelling unit. 2. Multi -Unit Lot. Up to two detached accessory dwelling units are permitted on a lot with an existing or proposed multi -unit dwelling. Within an existing multi -unit dwelling structure, the number of accessory dwelling units permitted shall be up to 25 percent of the existing number of units or one unit, whichever is greater, and shall only be permitted within the portions of the structure that are not used as livable space provided that the unit complies with the California Building Standards Code as set forth in Title 15 of this Code. D. Development Standards. Except as provided below, accessory dwelling units shall conform to the height, landscaping, lot coverage, setbacks and other zoning requirements of the zoning district in which the site is located, the development standards in this chapter, other requirements of the zoning ordinance, and other applicable City building, electrical, fire, utility and structural safety codes. Where an existing space within a dwelling unit or accessory structure is converted to an accessory dwelling unit, or where a new accessory dwelling unit is constructed in the same location and built to the same dimensions as an existing structure, no setback shall be required, but the structure shall conform to height, lot coverage and other zoning requirements of the zoning district in which the site is located, the development standards in this chapter, other requirements of the zoning ordinance, and other applicable City codes. 2. The minimum street side, interior side, and rear yard setbacks for a detached or attached accessory dwelling unit shall be 4 feet, except as provided in (1) above. 3. A detached or attached accessory dwelling unit shall be located at least 6 feet to the rear of the primary dwelling unit and any other existing or proposed structures on the lot, as applicable. 4. The maximum height for a detached accessory dwelling unit shall be 16 feet. The maximum height for an attached dwelling unit shall conform to the height requirements of the zoning district where the site is located. 5. Each accessory dwelling unit shall have a separate entry or exterior door access from the primary unit. Where possible, the exterior entry for an attached accessory dwelling unit or an accessory dwelling unit located within an existing single -unit dwelling shall not be located adjacent to the primary front door of the primary dwelling unit. 6. Development standards for lot coverage, floor area ratio, open space and/or setbacks of the zoning district in which the site is located that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with 4 -foot side and rear yard setbacks shall be waived. E. Maximum Floor Area. 1. Attached Accessory Dwelling Unit. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary unit or 800 square feet, whichever is greater, with a maximum allowable floor area of 1,000 square feet. 2. Detached Accessory Dwelling Unit. The total floor area of a detached accessory dwelling unit shall not exceed 1,000 square feet. 3. Converted Accessory Dwelling Unit. When an accessory dwelling unit is created within an existing accessory structure, an expansion beyond the existing physical structure is limited to 150 square feet and shall be solely to accommodate ingress and egress. F. Architectural Compatibility. An accessory dwelling unit shall be designed and constructed so as to blend with and complement the existing or proposed single or multi- unit dwelling in terms of height, roofing, siding materials and color. G. Parking. One independently usable on-site parking space shall be provided for each accessory dwelling unit or bedroom, whichever is less, unless the accessory dwelling unit meets any of the following criteria, in which case no parking spaces shall be required: 1. Within a half -mile walking distance of public transit; 2. Within an architecturally and historically significant historic district, as determined by the Chief Planner; 3. Is part of an existing or proposed primary dwelling unit or accessory structure; 4. Is in an area where on -street parking permits are required, but not offered to the occupant of the accessory dwelling unit; or 5. Within one block of a car share area. If a space is required, it shall be provided in addition to the required parking for the primary single or multi -unit dwelling and shall comply with all development standards set forth in Chapter 20.330 ("On -Site Parking and Loading"). Required parking may be provided as tandem parking on a driveway or in setback areas unless the Chief Planner makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions and/or conditions that would pose a risk to health and safety or violate any fire or building code provisions. Replacement parking shall not be required when existing off-street parking for the primary single or multi -unit dwelling is converted to an accessory dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit. H. Code Compliance. An accessory dwelling unit shall comply with all applicable provisions of the South San Francisco Municipal Code relating to health, welfare, public peace and safety, in effect at the time of approval of the building permit, and as follows: 1. If the proposed accessory dwelling unit is attached or within the primary dwelling unit, the primary unit must comply with all building, electrical, plumbing, and housing code requirements in effect at the time the building permit is issued for the accessory dwelling unit. 2. Products of combustion detectors shall be required for each primary and accessory dwelling unit. 3. Delay of Enforcement of Building Standards. a. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020 may submit an application to the Chief Building Official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, "building standards" refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code. b. The Chief Building Official shall grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Chief Building Official shall consult with the Fire Marshal. c. No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application. d. Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020 shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section. e. This section shall remain in effect until January 1, 2035 and as of that date is repealed. I. Use Limitation. An accessory dwelling unit may be rented separate from a primary single or multi -unit dwelling but may not be sold or otherwise conveyed separate from the primary unit. J. Deed Restrictions. Prior to obtaining a building permit for an accessory dwelling unit, a deed restriction, approved as to form and content by the City Attorney, shall be recorded with the County Recorder's office, which shall include the pertinent restrictions and limitations of an accessory dwelling unit identified in this chapter. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that: 1. The accessory dwelling unit cannot be sold separately. 2. The accessory dwelling unit is restricted to the maximum size allowed per the development standards. 3. The restrictions shall be binding upon any successor in ownership of the property, the City may enforce these provisions at the cost of the owner, and enforcement may include legal action against the property owner including revocation of any right to maintain an accessory dwelling unit on the property. K. Junior Accessory Dwelling Units. A junior accessory dwelling unit is a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single -unit dwelling within the existing footprint. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 1. Development Standards. Junior accessory dwelling units shall comply with the following standards: a. Number of Units Allowed. Only one junior accessory dwelling unit may be located on any lot in any district where single -unit dwellings are permitted or conditionally permitted. A junior accessory dwelling unit may only be combined with a newly constructed detached accessory dwelling unit that conforms to the development standards in this chapter. b. Location. A junior accessory dwelling unit may only be located on a lot where a single -unit dwelling has been previously constructed or is proposed to be constructed in conjunction with construction of a junior accessory dwelling unit. A junior accessory dwelling unit must be created within the walls of an existing or proposed single -unit dwelling. c. Separate Entry Required. A separate exterior entry shall be provided to serve a junior accessory dwelling unit. Where possible, the exterior entry for a junior accessory dwelling unit shall not be located adjacent to the primary front door of the primary dwelling unit. d. Interior Entry Required. If a junior accessory dwelling unit is constructed without a separate sanitation facility, the unit shall have interior doorway access to the primary dwelling unit. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: i. A sink; ii. A cooking facility with appliances; and iii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the unit. f. Minimum and Maximum Floor Area. The minimum total floor area of a junior accessory dwelling unit shall be at least the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code but shall not exceed a maximum of 500 square feet of floor area. 2. Parking. No additional parking shall be required. 3. Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling unit or the accessory dwelling unit. 4. Sale Prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. 5. Deed Restriction. Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that: a. The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit; b. The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards; c. The junior accessory dwelling unit shall be considered legal only so long as either the primary dwelling unit, or the junior accessory dwelling unit, is occupied by the owner of record of the property; d. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property. L. Utilities and Impact Fees. 1. No accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property. 2. Only an accessory dwelling unit constructed with a new single or multi -unit dwelling shall be required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. If a new or separate utility connection is required pursuant to this section or installed upon request of the property owner, a connection fee or capacity charge shall be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the accessory dwelling unit. 3. Impact Fees. No impact fees may be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.