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HomeMy WebLinkAboutOrd. 1544-2017City of South San Francisco P.O. Box 711 (City Hall, • 400 Grand Avenue) South San Francisco, CA • City Council Ordinance: ORD 1544 -2017 File Number: 17 -1088 Enactment Number: ORD 1544 -2017 ORDINANCE AMENDING THE SOUTH SAN FRANCISCO ZONING ORDINANCE, RELATED TO ACCESSORY DWELLING UNITS CITYWIDE, IN ACCORDANCE WITH SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.550 ( "AMENDMENTS TO ZONING ORDINANCE AND MAP "). WHEREAS, in July of 2010, the City Council for the City of South San Francisco ( "City ") adopted a comprehensive update to the City's zoning ordinance, which repealed the then - existing Title 20 of the South San Francisco Municipal Code ( "Zoning Ordinance "), and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and reformatted many then - existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards ( "Zoning Ordinance Update "); and WHEREAS, as part of the 2010 Zoning Ordinance Update, the City adopted Section 20.350.035, which allows accessory dwelling units to be located on properties with single -unit dwellings throughout the City; and WHEREAS, the availability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout the State of California; and WHEREAS, accessory dwelling units and junior accessory dwelling units offer lower cost housing options to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural and neighborhood character; and WHEREAS, in September of 2016, the California legislature passed new laws including AB 2299, SB 1069, and AB 2406, which were intended to increase the number of accessory dwelling units and junior accessory dwelling units by simplifying the approval process and reducing costs associated with their creation, developing new standards and regulations, and modifying cities' ability to regulate accessory dwelling units; and WHEREAS, state law provides that local agencies may, by ordinance, provide for the creation of accessory dwelling units and junior accessory dwelling units in single family residential zones and such ordinances must designate areas within local jurisdictions where accessory dwelling units may be permitted; City of South San Francisco Page 1 File Number. 17 -1088 and Enactment Number. ORD 1544 -2017 WHEREAS, accessory dwelling units and junior accessory dwelling units are residential uses consistent with the City's existing residential zoning and General Plan designations; and WHEREAS, the proposed accessory dwelling unit and junior accessory dwelling unit provisions and standards would implement Housing Element, Policy I -6, "The City shall support and facilitate the development of second units on single- family designated and zoned parcels "; and WHEREAS, the proposed Zoning Ordinance amendments comply with the legislative amendments made in 2016 to Government Code Section 65852.2, which establish standards for the development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood; and WHEREAS, the City has prepared a Zoning Amendment ( "amendment ") to the City's Zoning Ordinance, including refinements to Section 20.350.035 of the Zoning Ordinance; and WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study /Mitigated Negative Declaration (IS /MND) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ( "CEQA "), in which the IS /MND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the refinements, clarifications, and/or corrections set forth in this amendment, as they relate to accessory dwelling unit and junior accessory dwelling unit regulations are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS /MND prepared for the Zoning Ordinance, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review; and WHEREAS, on July 6, 2017, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed amendment, take public testimony, and make a recommendation to the City Council on the project; and WHEREAS, on October 25, 2017, the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment, take public testimony, consider the proposed amendment, and take action on the proposed amendment. City of South San Francisco Page 2 File Number. 17 -1088 Enactment Number: ORD 1544 -2017 NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it, as described below, 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 for the City of South San Francisco hereby makes the following findings: A. General Findings. The foregoing recitals are true and correct and made a part of this Ordinance. 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; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed July 6, 2017 meeting; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed October 25, 2017 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). The refinements, clarifications, and/or corrections set forth in this Amendment, as they relate to accessory dwelling unit and junior accessory dwelling unit regulations are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS /MND prepared for the Zoning Ordinance, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. 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. Zoning Amendment Findings The proposed Zoning 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. City of South San Francisco Page 3 File Number: 17 -1088 Enactment Number: ORD 1544 -2017 the Zoning 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. 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 single - family residential uses. SECTION IL AMENDMENTS. The City Council hereby makes the findings contained in this ordinance and amends the sections attached as Exhibit A with additions in double - underline and deletions in stril €etlife . Sections and subsections that are not amended by this ordinance in Exhibit A 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. City of South San Francisco Page 4 File Number. 17 -1088 Enactment Number. ORD 1544 -2017 Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 25th day of October, 2017. At a meeting of the City Council on 11/8/2017, a motion was made by Liza Normandy, seconded by Richard Garbarino, that this Ordinance be adopted. The motion passed. Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember Matsumoto, Mayor Gupta, and CouncilmemberAddiego Attest y Warttal(agli Pradeep Gupta, Mayor City of South San Francisco Page 5 A. Revise Table 20.080.002 (Land Use Regulations – Residential Districts) to change the terminology from “Second Unit” and “Second Dwelling Units” to “Accessory Dwelling Units”. Use Classification RL-1.3 RL-5, 6, and 8 RM-10, 15, 17.5 RH-30 and 35 Additional Regulations Residential Use Types Single-Unit Dwelling See sub-classifications below Single Unit Detached P P P P Second Accessory Dwelling Unit P P P P See Section 20.350.033 Second Accessory Dwelling Units Single Unit Semi- Attached - C P P Single-Unit Attached - - P P B. Revise Table 20.090.002 (Land Use Regulations – Residential Commercial, Office, and Mixed Use Districts) to change the terminology from “Second Unit” and “Second Dwelling Units” to “Accessory Dwelling Units”. Use Classification CC BPO CMX ECRMX Additional Regulations Residential Use Types Single-Unit Dwelling See sub-classifications below Single Unit Detached (1) (1) - (1) Second Accessory Dwelling Unit (1) (1) P (1) See Section 20.350.033 Second Accessory Dwelling Units Single Unit Semi-Attached (1) (1) (1) (1) Single-Unit Attached (1) (1) C P(2) Limitations: 1. Permitted if existing. New units not allowed. 2. Residential use types not permitted on the ground floor along El Camino Real, except on the east side of El Camino Real between First Street and West Orange Drive subject to approval of a Use Permit. 3. Residential use on ground floor limited to 50 percent of ground floor area. 4. Subject to state licensing requirements. 5. Subject to site evaluation based on prior use. 6. Maximum of 10 vehicles stored on-site with minor maintenance in enclosed structure only. 7. Must be located entirely within a building. 8. These uses shall be developed in accordance with the development standards and supplemental regulations for the M1 District except the maximum FAR is .4 with an increase up to .6 for development that provides specified off-site improvements, subject to Conditional Use Permit approval. These uses are not subject to the development standards or supplemental regulations of the BPO District. 9. Hours of operation 7:00 a.m. to 7:00 p.m. weekdays only except within 400 feet of a BART station. C. Revise Table 20.100.002 (Land Use Regulations – Downtown Districts) to change the terminology from “Second Unit” and “Second Dwelling Units” to “Accessory Dwelling Units”. Use Classification DMX DRL DRM DRH Additional Regulations Residential Uses Single-Unit Dwelling See sub-classifications below Single Unit Detached (1) P P C Second Accessory Dwelling Unit (1) P P P See Section 20.350.033 Second Accessory Dwelling Units Single Unit Semi-Attached (1) P P P Single-Unit Attached MUP(2) P P P Limitations: Use Classification DMX DRL DRM DRH Additional Regulations 1. Permitted if existing. New units not allowed. 2. Limited to sites with a maximum gross site area of 4,000 square feet. 3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks, and walk-in offices which are subject to approval of a Use Permit. 4. Permitted if retail, restaurants, personal services, or other active pedestrian-oriented use is located on the ground floor, otherwise Minor Use Permit is required. Minor Use Permit may only be approved if the Review Authority first finds that, based on information in the record, it is infeasible to locate retail, restaurants, personal services, or other active pedestrian-oriented use on the ground floor. 5. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic violence shelter. 6. Subject to state licensing requirements. 7. Clinic uses may not occupy the ground floor, except along Grand Avenue, west of Maple Avenue, which are subject to the approval of a conditional use permit. 8. Living space may not occupy ground floor. 9. Limited to upper stories unless at least 50 percent of ground floor street frontage is occupied by food service use. 10. Limited to single-family detached units. D. Revise Table 20.280.003 (Land Use Regulations – Downtown Station Area Specific Plan Sub-Districts) to change the terminology from “Second Unit” and “Second Dwelling Units” to “Accessory Dwelling Units”. Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classifications below Single Unit Detached (1) (1) (1) - (1) (1) Second Accessory Dwelling Unit (1) (1) (1) - (1) (1) See Section 20.350.035 Second Accessory Dwelling Units Single Unit Semi-Attached (1) (1) (1) - (1) (1) Single-Unit Attached (1) (1) (1) - (1) (1) Limitations: 1. Permitted if existing. New units not allowed. 2. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic violence shelter. 3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks and walk-in offices which are subject to approval of a Use Permit. 4. Subject to licensing requirements. 5. Limited to upper stories unless at least 50 percent of the ground floor street frontage is occupied by food service uses. Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations 6. Must be located at least 1,000 feet from any other social service facility. 7. Clinic uses may not occupy the ground floor along Grand Avenue, except on properties located west of Maple Avenue, which are subject to the approval of a conditional use permit. E. Eliminate Section 20.300.002(G) (Accessory Buildings with Second Dwelling Unit) as it is inconsistent with State law and revised in Section 20.350.035(B): Accessory Buildings with Second Dwelling Unit. Where an accessory building with a second dwelling unit is detached, a part of, or is located over an accessory building or garage, the entire structure shall be considered a main building and no portion of said building shall be closer to any lot line than is permitted for any other main building. F. Revise Section 20.320.004(C) so that the parking requirement for accessory dwelling units located on properties with single-unit dwellings with non-conforming parking be the same as garage conversions to accessory dwelling units: Notwithstanding the requirements of subsection A above, an second accessory dwelling unit in compliance with Section Chapter 20.350.033 (“Second Accessory Dwelling Units”) and State law may be developed on a lot that contains a single-unit dwelling that is nonconforming with respect to standards. If the single-unit dwelling is nonconforming because it does not meet parking standards, an second accessory second dwelling unit may only be established when parking for the primary dwelling unit is provided to meet the applicable requirements of Chapter 20.330 (“On-Site Parking and Loading”) for the primary dwelling unit. Notwithstanding the requirements of Chapter 20.330, parking for the primary dwelling unit may be located in any configuration on the site, such as covered spaces, uncovered spaces, or tandem spaces, or mechanical parking lifts. G. Revise the parking requirement in Table 20.330.004 (Required On-Site Parking Spaces) to comply with State law and revised Section 20.350.035(H). (See Attachment 5) Land Use Classification Required Parking Spaces Residential Use Classifications Single-Unit, Detached or Attached Less than 2,500 square feet and less than 5 bedrooms 2 spaces per dwelling unit General Requirements for all Single-Unit Residential Parking: At least one space must be within a garage. A carport shall not be substituted for a required garage except for existing dwellings on lots adjacent to a lane. 2,500 to 2,999 square feet or 5 bedrooms 3 spaces per dwelling unit 3,000 square feet or more than 5 bedrooms 4 spaces per dwelling unit Second Accessory Dwelling Unit 1 space for each, except accessory dwelling units which meet the criteria set forth in See Section 20.350.0335(H) are exempted from the parking requirement. Second Dwelling Units H. Revise the parking requirement in Table 20.330.007 (Required Parking Spaces, Downtown Districts) to comply with State law and revised Section 20.350.035(H). Land Use Classification Required Parking Spaces Residential Use Classifications Single-Unit, Detached or Attached Less than 2,500 square feet and less than 5 bedrooms 2 spaces per dwelling unit General Requirements for all Single-Unit Residential Parking: At least one space must be within a garage. A carport shall not be substituted for a required garage except for existing dwellings on lots adjacent to a lane. 2,500 to 2,999 square feet or 5 bedrooms 3 spaces per dwelling unit 3,000 square feet or more than 5 bedrooms 4 spaces per dwelling unit Second Accessory Dwelling Unit 1 space for each, except accessory dwelling units which meet the criteria set forth in See Section 20.350.0335(H) are exempted from the parking requirement. Second Dwelling Units I. Revise the language of preamble of Section 20.350.035 to eliminate any language that implies discretionary review of an application for an accessory dwelling unit and repealing the Design Review requirement. A permit will be issued as a ministerial matter without discretionary review or hearing for an second accessory dwelling unit within 120 days of receiving the application if the requirements of this Chapter (“Accessory Dwelling Units”), other requirements of the Zoning Ordinance, and other applicable City codes are met., in addition to the first single- unit dwelling on a lot when all of the conditions below are met. Such permits may be processed and issued as an administrative matter by the Chief Planner after review and consideration of the application without requirement of hearing. G. Design Review. All residential second units that result in alterations to the exterior of an existing residence or new construction are subject to the design review provisions of Chapter 20.480 (“Design Review”). J. Amend Section 20.350.035(B) as follows to include any additional standards listed in Section 65852.2(a)(1)(B)(i) of the Government Code, the requirements for garage conversions and accessory dwelling units constructed above a garage in Section 65852.2(a)(1)(D)(vii) of the Government Code to be consistent with state law, and development standards for detached accessory dwelling units: B. Development Standards. Second Except as provided below, accessory dwelling units shall conform to the height, setbackslandscaping, 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. (i) Where an existing detached or attached garage is converted to an accessory dwelling unit, 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. (ii) Where an accessory dwelling unit is constructed above a garage, the setback for that unit shall be five feet from the side and rear lot lines, but 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. (iii) The minimum side yard and rear yard setback for a detached accessory dwelling unit is five feet, except as provided in (i) above. The minimum side yard and rear yard setback for an attached accessory dwelling shall conform to the setback requirements of the zoning district where the site is located. (iv) A detached accessory dwelling unit shall be located at least six feet to the rear of the primary dwelling unit. For detached accessory dwelling units located on corner lots, accessory dwelling units shall have the same street side yard setback as required for the primary dwelling unit in the underlying zoning district. The Chief Planner may grant exceptions based on lot characteristics. K. Revise the language of Section 20.350.035(D) to increase the percentage of living area allowed for accessory dwelling units to 50 percent of the living area of the primary dwelling unit and increase the maximum square footage for all accessory dwelling units to 900 square feet: D. Maximum Floor Area. The total area of floor space of an second attached or detached accessory dwelling unit shall not exceed 900 square feet or 50 percent of the living area of the primary unit or the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code, whichever is greater, with a maximum allowable floor area of 640 900 square feet. L. Eliminate Section 20.350.035(E) because the square footage limitation ensures that the unit is secondary to the primary dwelling and the building code ensures certain minimum sizes for bedrooms: E. Number of Bedrooms. The number of bedrooms in a residential second unit shall notbe more than one. M. Revise the langue of Section 20.350.035(H) to be consistent with the parking requirements under State law as depicted below: One independently usable on-site parking space shall be provided for the Second Accessory Dwelling Unit, which shall be provided in addition to the required parking for the primary single-unit dwelling.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 of public transit 2. Within an architecturally and historically significant historic district, as determined by the Chief Planner 3. Is part of an existing primary residence or an existing 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 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-unit dwelling and shall comply with all development standards set forth in Chapter 20.330 (“On-site Parking and Loading”). A tandem parking space may also be used to meet the parking requirement for the Secondary Housing Accessory Dwelling Unit, providinged such space will not encumber access to a required parking space for the primary single- unit dwelling. Required parking for the primary single-family dwelling may not be removed for the creation of a Secondary Housing Accessory Dwelling Unit (e.g., garage conversions), or allocated to meet the parking requirement for the Second Accessory Dwelling Unit, unless replacement parking is provided in accord with this Chapter. The replacement parking spaces for the single-unit dwelling may be located in any configuration on the site, such as covered spaces, uncovered spaces, or tandem spaces, or mechanical parking lifts. N. Revise Section 20.350.035 to include development standards for Junior Accessory Dwelling Units. 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 single-family structure. The junior accessory dwelling unit must incorporate an existing bedroom and must be within the existing footprint of a structure and may only include an efficiency kitchen. 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 accessory dwelling unit or, junior accessory dwelling unit, may be located on any residentially zoned lot that permits a single-family dwelling. b. Location. A junior accessory dwelling unit may only be located on a lot which already contains one legal single-family dwelling. A junior accessory dwelling unit must be created within the existing walls of an existing primary dwelling, and must include conversion of an existing bedroom. c. Separate Entry Required. A separate exterior entry shall be provided to serve a junior accessory dwelling unit. Where possible, exterior entries for JADUs shall not be located adjacent to the primary front door of the primary dwelling unit. d. Interior Entry Remains. The interior connection to the main living area must be maintained, but a second door may be added for sound attenuation. e. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: 1) A sink with a maximum waste line diameter of one-and-a-half (1.5) inches, 2) A cooking facility with appliance which do not require electrical service greater than one-hundred-and twenty (120) volts or natural or propane gas, and 3) A food preparation counter and storage cabinets that are reasonable to size of the unit. f. Minimum and Maximum floor area. The minimum total area of floor space 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 is 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 residence, or the 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. O. Revise language of Section 20.350.035(C) and 20.350.035(L) to make corrections or clarify regulations. C. Type of Unit. The second accessory dwelling unit shall provide separate, independent living quarters for one household. The second accessory dwelling unit may be attached, detached, or located within the living areas of the primary dwelling unit on the lot, subject to the standards of this section. An existing single-family dwelling may be converted into two dwelling units. J. Conversion of an Existing House to an Accessory Dwelling Second Unit. In cases where an existing single-family residence of a size 640 900 square feet or less, the Chief Planner may approve the construction of one additional residence which is intended to be the primary residence on the property. The existing residence, which is intended to become the lawful second accessory dwelling unit, must comply with all the requirements of this Ordinance, including the second-dwelling size limitations. The primary residence shall be constructed in accordance with the provisions of the applicable zoning district and other requirements of this Ordinance. P. Revise title of Section 20.350.035 of the SSFMC to “Accessory Dwelling Units” and language of Sections 20.350.035(A), 20.350.035(E), 20.350.035(G), 20.350.035(H), and 20.350.035 (I) to change the nomenclature from “second units” and “secondary unit to accessory dwelling unit. 20.350.035 SecondAccessory Dwelling Units A. Location. Second Accessory dwelling units may be established on any lot in any district where a primary single unit dwelling has been previously established or is proposed to be established in conjunction with construction of an accessory dwellingsecond unit. Only one second accessory dwelling unit is permitted per primary single-family dwelling on the same lot. FE. Architectural Compatibility. The accessory dwellingsecond unit may utilize either a separate entry or the same exterior doorways as the primary unit and shall be installed in a manner as to negate an obvious indication of two units in the same structure. An accessory dwellingsecond unit shall be designed and constructed so as to blend with and complement the existing single-family unit in terms of height, roofing, siding materials and color. IG. Code Compliance. The accessory dwellingsecond unit shall comply with all provisions of the South San Francisco Municipal Code in effect at the time of approval of the building permit. 1. If the proposed accessory dwellingsecond unit is attached or within the primary structure, 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 dwellingsecond residential unit. 2. Products of combustion detectors shall be required for each primary and accessory dwellingsecond unit. JH. Use Limitation. Either the primary or accessory dwellingsecondary unit may be for rental purposes and neither unit may be sold separately. KI. Deed Restrictions. Before obtaining a building permit, the property owner shall file with the County Recorder a declaration or agreement of restrictions which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner stating that: 1. The accessory second dwelling unit shall be considered legal only so long as either the primary residence or the accessory second dwelling is occupied by the owner of the property. 2. The accessory second dwelling unit cannot be sold separately. 3. The accessory dwelling unit is restricted to the maximum size allowed per the development standards. 4. 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. Q. Revise Section 20.440.008 (Chief Planner) as follows to eliminate language that implies discretionary review of accessory dwelling units: E. Conduct design review for additions to one-, two- and three-unit residential structures; residential second units; and sign programs less than 25 square feet in total sign area. R. Revise Sections 20.480.003 (Assignment of Design Review Responsibilities) and 20.480.006 as follows to eliminate language that implies discretionary review of accessory dwelling units: A. Chief Planner. 1. The Chief Planner may approve, conditionally approve, or deny sign programs with less than 25 square feet of total sign area, and additions to one-, two- and three-unit residential structures, and residential second units not elsewhere exempted from the procedures of this chapter, without the Design Review Board’s review and recommendations. 3. New additions to existing residential dwellings and residential second units shall be architecturally compatible with the primary residential unit, with respect to style, massing, roof pitch, color and materials. R. Revise Section 20.620.002 (Residential Use Classifications) to change the terminology from “Second Unit” to “Accessory Dwelling Unit” and add “Junior Accessory Dwelling Unit” to the residential use classifications. Second Accessory Dwelling Unit. A dwelling unit providing complete independent living facilities for one or more persons that is located on a lot with another primary, single-unit dwelling. An second 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. The junior accessory dwelling unit must incorporate an existing bedroom and must be within the existing footprint of a structure and may only include an efficiency kitchen. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Second Unit. A dwelling unit providing complete independent living facilities for one or more persons that is located on a lot with another primary, single-unit dwelling. A second unit may be within the same structure as the primary unit, in an attached structure, or in a separate structure on the same lot.