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Replacement spaces shall be located on any paved area on the lot, including within any <br />setback. Tandem configuration is permitted. <br />E. Pervious Area in Front Yard. The front yard shall be subject to the minimum <br />pervious area and stormwater requirements of the underlying zoning district. <br />F. Architectural Standards. An accessory dwelling unit shall be generally <br />aFGh'testuraµy compatible with the arshitestural style and exterior paint and materials of <br />the single-family dwelling on the same lot. <br />G. Stormwater Treatment. Accessory dwelling units are subject to the requirements of <br />Section 32.12 (Stormwater Treatment), including creek protection and setbacks. <br />H. Passageway. A passageway is not required in conjunction with the construction of <br />an accessory dwelling unit, unless mandated by the Americans with Disabilities Act or <br />other state or federal safety code or standard. A passageway is a pathway that is <br />unobstructed and clear to the sky that extends from the street to the door of the <br />accessory dwelling unit. <br />I. Historic Preservation. Any accessory dwelling unit located in a historic district or on a <br />site with a historic landmark shall be subject to the requirements of Chapter 40 (Historic <br />Preservation) of the City Code. <br />37.4 - Application. <br />An accessory dwelling unit that includes a second -story element shall require approval of an <br />Architectural Permit in accordance with Article 45. <br />37.5 - Rental Only. <br />The accessory dwelling unit shall not be intended or offered for sale, nor sold, but may be <br />rented. <br />37.6 - Homeowner Occupancy. <br />A. Occuoancv. The property owner shall live on-site in either the main unit or the <br />accessory dwelling unit. <br />B.Exce tp ion. The homeowner may live off-site and rent out both the main house and <br />the ADU if the homeowner has a medical condition that requires residency elsewhere or <br />accepts a job offer outside of the San Francisco Bay Area. <br />1. Process for Review. Applications for Exception to the Homeowner Occupancy <br />Requirement shall be filed with the Community Development Department by owner <br />of the property affected and shall be reviewed by the Planning Manager or his/her <br />designee. The application shall include pertinent information as may be required by <br />the Planning Manager or his/her designee that demonstrates conformance with the <br />exception criteria described in this subsection B. <br />2. Action. The Planning Manager may take the following actions within 45 -days of <br />application submittal: <br />a. Request additional information. <br />b. Approve or deny the application. <br />c. A written decision will be provided to the applicant. <br />ATTY/ORD.490/CC ORDINANCE AMENDING ARTICLES 33, 36, 37, &45— ACCESSORY DWELLING UNIT REQUIREMENTS <br />ORD 1130-378 <br />REV: 08-16-19 PR MUFF NO. 602 <br />Page 5 of 6 <br />