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8.A. - Page 24 of 32 H. Passageway. A passageway is not required in conjunction with the construction of an accessory dwelling unit, unless mandated by the Americans with Disabilities Act or other state or federal safety code or standard. A passageway is a pathway that is unobstructed and clear to the sky that extends from the street to the door of the accessory dwelling unit. I. Historic Preservation. Any accessory dwelling unit located in a historic district or on a site with a historic landmark shall be subject to the requirements of Chapter 40 (Historic Preservation) of the City Code. 37.4 - Application. An accessory dwelling unit that includes a second -story element shall require approval of an Architectural Permit in accordance with Article 45. 37.5 - Rental Only. The accessory dwelling unit shall not be intended or offered for sale, nor sold, but may be rented. 37.6 - Homeowner Occupancy. A. Occupancy. The property owner shall live on-site in either the main unit or the accessory dwelling unit. B. Exception. The homeowner may live off-site and rent out both the main house and the ADU if the homeowner has a medical condition that requires residency elsewhere or accepts a job offer outside of the San Francisco Bay Area. 1. Process for Review. Applications for Exception to the Homeowner Occupancy Requirement shall be filed with the Community Development Department by owner of the property affected and shall be reviewed by the Planning Manager or his/her designee. The application shall include pertinent information as may be required by the Planning Manager or his/her designee that demonstrates conformance with the exception criteria described in this subsection B. 2. Action. The Planning Manager may take the following actions within 45 -days of application submittal: a. Request additional information. b. Approve or deny the application. c. A written decision will be provided to the applicant. [Article 45, Section 45.2 is amended as follows] Article 45 — ARCHITECTURAL PERMITS 45.2 - Applicability. The following projects require an Architectural Permit: [Subsections A -C are unchanged] D. Additions on Sloping Lots. One-story new construction, additions, new two-story accessory dwelling units or exterior modifications when the lot has a slope of fifteen (15) percent or greater and the total gross floor area is three thousand (3,000) square feet or more. If the lot slope is thirty (30) percent or greater, an Architectural Permit is required for changes of any size. These provisions apply to any single-family, duplex or two-story accessory dwelling unit. [Article 33, Section 33.11 is amended as follows] ATTY/ORD.489/CC URGENCY ORDINANCE ADOPTING ACCESSORY DWELLING UNIT REGULATIONS REV: 07-17-19 VR Page 6 of 7 257