Reso PC20-07 0080 PC Reso ADU Requirements KB

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ATTY/RESO.0080/PC RESO ADU REQUIREMENTS REV: 09-01-2020 PR Page 8 of 14 A. Application Occupancy. A complete building permit application for the accessory dwelling unit shall be submitted along with a checklist that demonstrates compliance with accessory dwelling unit requirements. The application shall include plans showing the details of the proposed accessory dwelling unit under submittal guidelines established by the Community Development Director. The property owner shall live on-site in either the main unit or the accessory dwelling unit. B. Compliance Determination; No Appeals Exception. The Community Development Director or his or her designee shall make a determination of compliance with this article prior to issuance of the building permit for the accessory dwelling unit. The determination of the Community Development Director is final and not subject to appeal. 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. C. Ministerial Review. All applications for accessory dwelling units that meet and comply with the requirements under this article shall be approved without discretionary review or a hearing within sixty (60) days after receipt of a substantially complete application. The application shall be denied if the proposed accessory dwelling unit does not comply with all applicable requirements of this article. [Article 31, Section 31.3 is amended as follows] Article 31 – SPECIAL USES 31.3 - Short-Term Rental Use Incidental to a Primary Residence. [Subsection A is unchanged] B. Definitions. For purposes of this section, the following definitions shall apply: [Subsections 1-3 are unchanged] 4. Primary Residence. A primary residence is a dwelling unit where a person has been physically present and that the person regards as home. A person may only have one primary residence at any given time. Evidence of a person's primary residence includes, but is not limited to, documentation from income tax statements or a driver's license. If a property has multiple dwelling units, including an accessory dwelling unit or apartment complex, each dwelling unit and accessory dwelling unit