Chapter 12.88 — CONDOMINIUMS

The purposes of this chapter include:

• A. Reducing the impact of condominium conversions on residents of rental housing who may be required to relocate;

• B. Ensuring that housing converted to condominiums is constructed at a standard that is consistent with current building codes;

• C. Providing design and property improvement standards for condominium conversions;

• D. Ensuring that a homeowners association is established that is adequately funded and organized to maintain all common areas and structures.

(Prior code § 27-5.1; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)

• A. Before the conversion of any existing structure to residential condominiums, community apartments, planned developments, or stock cooperatives, the developer, builder, or other person seeking to convert the existing structure shall first obtain a use permit for the conversion.

• B. Such use permit shall be issued only:

  1. Upon the approval of the decision-making body, after it has been determined that such existing structures conform to the General Plan, all applicable zoning regulations, and to all the other city requirements, including the requirements of this chapter; and

  2. Upon the issuance of a business license by the chief financial officer based upon the payment of the prescribed condominium, community apartments, or stock cooperative tax.

• C. Use permits shall be evaluated and processed pursuant to Chapter 12.112 . No use permit for a conversion shall be granted unless the decision-making body finds that the granting of the application will not under the circumstances of the particular case, be deterimental to the health, safety, morals, or general welfare of the persons residing or working in the neighborhoods of the proposed project or conversion, or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.

• D. Condominium conversions shall comply with Title 11 of this code, and require a subdivision subject to all applicable provisions of the Subdivision Map Act, Title 12 , Article II of this code, and all other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 12 , Article III, and Title 12 , Article II of this code for conditional use permits and tentative maps, respectively, except as modified by the provisions of this chapter.

(Prior code § 27-5.2; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)

In addition to the notices of public hearing required by Sections 12.36.180 and 12.112.030 of this code, the city shall provide additional notice as described in this section. The applicant shall provide all notices required by Government Code Section 66427.1 or successor provision, any other provisions of the Subdivision Map Act, or other state or federal law.

• A. Notice shall be mailed, postage prepaid, to each tenant in the buildings proposed to be converted, including the time, place, and purpose of a public hearing and the tenant's right to appear and be heard at the hearing to be held by the planning commission or city council relating to the application for a conversion permit. Notice shall also be given as required by Government Code Sections 65090 and 65091 .

• B. Such notice shall be mailed at least ten days prior to the hearing to which it relates.

• C. At least three days prior to the hearing, the city shall also serve on the applicant and on each tenant, a copy of the staff report regarding the conversion application.

• D. The applicant shall bear the cost of the notice to tenants and distribution of the staff report to the tenants. In addition to the notices that are required by Section 12.88.040 , not later than thirty days prior to any public hearing on such conversion, the community development director shall mail to each tenant a postage prepaid letter and return card. Said letter and return postcards shall be supplied and addressed by the applicant and approved as to form and content by the director.

(Prior code § 27-5.4; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)

Conversions of rental housing to community apartments and stock cooperatives, shall be subject to the same restrictions, conditions, and requirements, as conversions to condominiums. (Prior code § 27-5.6; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)

In the sale or offering for sale of any unit, share, or membership entitlement in any condominium, community apartments, or stock cooperative, there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, familial status, national origin, source of income, ancestry, or disability, nor shall the applicant or any person claiming under or through the applicant, establish or permit any such practice or practices of discrimination or segregation.

(Prior code § 27-5.8; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)

Except as provided in this section, the provisions of this chapter do not apply to condominium, community apartment or stock cooperative projects as to real property which is not used or proposed to be used for residential purposes. Such nonresidential projects shall be subject to Chapter 12.112 and shall be subject to the provisions of Article II of this title, pertaining to subdivisions. (Prior code § 27-5.9; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)

All projects involving condominium conversions shall include the following information and documents with the application:

• A. A statement regarding current ownership of all improvements and underlying land;

• B. A detailed development plan for the project, showing the locations of all buildings and structure, utility facilities, landscaping, parking layout, access areas, and exterior elevations;

• C. A condominium plan in accordance with Article II of this title;

• D. A building history report, including the following:

  1. The date of construction of all elements of the project,

  2. A statement of the major uses of said project since construction,

  3. The date and description of each major repair or renovation of any element since the date of construction,

  4. The name and address of each present tenant of the project.

Failure to provide information required by subdivisions 1 through 4 of this subsection shall be accompanied by an affidavit or declaration setting forth in detail all efforts undertaken to discover such information and reasons said information cannot be obtained;

• E. A property report describing the condition and useful life of the roof, foundations, paving, mechanical, electrical, plumbing, walls, floors, and structural elements of all existing buildings and structures. Said report shall also contain an evaluation of noise and energy insulation features of the building in comparison to current state regulations applicable to buildings and structures. Such report shall be presented by a licensed engineer. In addition, a statement of the condition of all appliances in each unit shall be submitted;

• F. A structural pest control report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code;

• G. Evidence of Delivery of Required Notices.

  1. Signed copies from each tenant acknowledging receipt of the Notice of Intent to Convert; or, for each tenant for whom a signed copy of the notice is not submitted, satisfactory evidence that the Notice of Intent to Convert was sent to each tenant in compliance with the legal requirements for service by mail and was sent by U.S. certified mail, return receipt requested,

  2. Evidence that all tenants of the proposed condominium conversion have been, or will be, given all written notices required by this chapter and Section 66427.1 of the Map Act, or successor provision, and that such notices have, or will, comply with the legal requirements for service by mail. The form of all notices not yet provided to each tenants shall be provided by the applicant to the city;

• H. An affordable housing plan as required by Chapter 12.230 ;

• I. A Housing and Tenant Relocation Report. Such report shall be prepared by a qualified consultant. The consultant shall be selected at the discretion of the community development director. The cost of the report shall be borne by the applicant. The report shall contain the following information:

1. The number of multiple dwelling rental units which will remain in the city after the conversion,

2. The nature and type of relocation assistance proposed by the applicant, including financial assistance as required by Section 12.88.140 , and the provision of assistance in locating replacement housing,

3. Vacancy information in rental units and the availability thereof:

   • a. Within San Mateo County in general, and

   • b. Within northern San Mateo County in particular, including territory within the cities of Daly City, Pacifica, South San Francisco, Brisbane, Colma, San Bruno, Millbrae, and Burlingame, and the adjacent unincorporated territory,

4. The proposed schedule of meetings which the applicant plans or proposes to hold with tenants to explain the application and its ramifications to the tenants,

5. The proposed phasing or timing schedule of conversion and sale of units,

6. Whether existing tenants will be given any discount from otherwise applicable sale prices,

7. Any plan for temporary displacement of tenants who purchase units,

8. A description of the demographic composition of the tenants, including information on age, persons per unit, persons over age sixty-two, number of permanently disabled persons, and tenure per unit.

(Prior code § 27-5.10; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)

In determining whether to approve conversion projects the decision-making body shall make the following findings:

• A. The condominium conversion conforms to all provisions of this chapter, including all development standards required by Section 12.88.090 and to the General Plan.

• B. Prior to approval of the final map, the applicant shall provide, or make adequate provisions to provide, all notices required by this chapter and by the Subdivision Map Act.

• C. The condominium conversion will not be detrimental to public health, safety, or welfare. (Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)

Except as otherwise required by law, in approving a project the following shall be required:

• A. Minimum Parking Requirements. The project shall meet the minimum parking requirements for the applicable zoning district as provided in Chapter 12.100 .

• B. Access. All private streets, driveways and parking areas shall be improved and constructed with a structural design section in accordance with the standard specifications of the public works department of the city. They shall be designed and maintained to ensure access for municipal services to any dwelling unit therein.

• C. Building and Zoning Regulations. To the extent feasible, the condominium conversion shall substantially comply with the city's building and housing codes and zoning regulations in effect

on the date the application for conversion is accepted as complete. All modifications needed to meet current sound attenuation and energy conservation standards shall be completed.

• D. Twenty-Four-Hour Management.

  1. Projects with fifty-one or more units shall maintain a full time on-site management service with duties outlined in the organizational document.

  2. Projects with fifty or less units which do not provide a full time on-site management service shall provide an on-site contact and secondary telephone number.

• E. Fire Safety. Each living unit shall be provided with approved smoke and carbon monoxide detectors as required by the Building Code.

• F. Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protection appliances shall be retained in operable condition at all times and shall comply with the current city standard.

• G. Utility Metering. The consumption of gas, electricity, and water within each unit shall be separately metered, and there shall be separate circuit breakers and shutoff valves for each unit.

• H. Laundry Facilities. A laundry area, including space and utility connections for a washer and dryer, shall be provided in each unit, or laundry facilities shall be provided in common laundry space. Common facilities shall consist of at least one washer and dryer for each ten units or fraction thereof.

• I. Lighting. Energy-efficient lighting providing adequate light levels as acceptable to the police department shall be installed in all parking areas and adjacent to exterior walkways. All lighting fixtures shall be selected, installed, and oriented to prevent glare.

• J. Warranty on Appliances. The applicant shall provide an all cost warranty for all unit appliances for a period of one year from the sale of each unit.

• K. Association Documents. The declaration of covenants, conditions and restrictions, articles of incorporation, bylaws, and contracts for the maintenance, management, or operation of any part of the condominium conversion project shall be submitted to the city for review and approval prior to approval of the final map, to ensure that the documents comply with all required conditions of approval. In addition to the requirements of Civil Code Section 1355 and any requirements which might be imposed by the city consistent with these regulations, the organizational documents shall include provisions concerning the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities, utilities, and landscaping; a proposed annual operating budget containing a reserve fund to pay major anticipated maintenance, repair, or replacement expenses; and an estimate of initial annual homeowners dues. The declaration of covenants, conditions, and restrictions shall also contain the following specific provisions:

  1. Vehicles may only be parked in designated parking areas.

  2. A provision establishing the obligation and duty of the governing body of the homeowners association to continually maintain the common areas in a manner which, at a minimum, ensures compliance with this code, any conditions of approval, and all other applicable laws, regulations, and standards.

  3. CC&R provisions required to comply with the city's conditions of approval may not be modified without the city's consent.

• L. Refurbishing and Restoration. All structures, common areas, sidewalks, driveways, landscaped areas, and facilities, if defective or in poor condition, shall be refurbished and restored to a safe

and usable condition, and as otherwise required by the decision-making body pursuant to the findings in the property report.

• M. Right to Purchase. In conformance with Government Code Section 66427.1 , the applicant shall provide each tenant with an exclusive right for a period of ninety days to contract for the purchase of the tenant's unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms.

• N. Exceptions. No conversion project shall be denied for inability to meet requirements related to private or common open space. Other amenities or fees in lieu of such facilities may be substituted.

(Prior code § 27-5.11; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)

Projects damaged or destroyed by fire, explosion, earthquake, or other acts, may be reconstructed in accordance with codes in effect at the time of such reconstruction and regulations of the district in which the project is located. Such building or buildings may be restored to a total floor area not exceeding that of the former building or buildings.

(Prior code § 27-5.12; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)

Prior to the conveyance of any unit, the premises shall be inspected by a licensed civil engineer to ascertain that the structures are consistent with the public health and safety. Such inspection shall be performed at the expense of the applicant. Hazardous and unsafe conditions shall be alleviated and repaired prior to the conveyance of any unit, regardless of whether the condition may have complied with the provisions of this code at the time of original construction. The project must meet, at a minimum, the standards of this code as were in effect as of the date of construction of the structure within the project.

(Prior code § 27-5.16; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)

The applicant shall provide the following assistance to tenants who are entitled to the right set forth in Section 12.88.140 but do not elect to purchase their unit:

• A. Relocation assistance by an agency, provided by the applicant, to find comparable housing in the same area;

• B. A monetary relocation assistance equal to a minimum of four months rental, apportioned among the number of tenants in each unit. In addition, all security and cleaning deposits shall be refunded.

(Prior code § 27-5.19; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)

• A. The applicant shall provide a five-year right of occupancy to tenants who are permanently disabled or over age sixty-two if such tenants occupied their units at the time of submittal of the application for the conversion and continued to occupy the units when all necessary city and state approvals for the project have been obtained. The right of occupancy shall continue only for so long as the tenants are able to reside on the premises during such five-year period.

• B. No applicant shall cause the eviction of a permanently disabled or senior citizen tenant to avoid granting such person the right of occupancy provided herein.

(Prior code § 27-5.20; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021)

• A. No increase in rent to persons who were tenants at the time of submittal of the application to the planning department shall take effect for the period between the date of filing of the application for the conversion and the first of the following dates:

  1. The date of expiration of the use permit without extension;

  2. The date the use permit is revoked; or

  3. As provided in subsections B through E of this section.

This section shall not preclude a specific increase in rent which was scheduled to occur pursuant to a lease or rental agreement executed prior to the date of filing of the application.

• B. The rent to permanently disabled and senior citizens entitled to the right of occupancy pursuant to Section 12.88.030 shall not be increased for such occupancy period beyond the rate permitted in subsection D of this section.

• C. The rent to persons who were tenants at the time of submittal of the application and continued to occupy their units when all necessary city and state approvals for the project were obtained, and to whom subsection B of this section does not apply, shall not be increased beyond the rate permitted in subsection D of this section for a period of two years after approval of the project by the city, or until not less than eighty percent of the units have been sold, whichever first occurs.

• D. The rate of rental increase permitted under subsections B and C of this section shall be the ratio of the residential rent component of the "Bay Area Consumer Price Index, Department of Labor" on the effective date of the proposed rent increase, to such component on the date of submittal of the application to the city.

• E. In the event of a proposed increase in the rent, the applicant shall submit to the community development director a statement describing the proposed increase and its relation to the rental rate at the time of filing the application for conversion and the relation of the proposed increase to the residential rate component of the Bay Area consumer price index.

• (Prior code § 27-5.21; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)

• A. For any project involving more than twenty units, the decision-making body may require that the sale of condominium, stock cooperative, or community apartment units or interests be phased or limited to a specified number of units or interests within the specified time periods. Such phasing or timing shall be based upon the ability of the applicant to implement tenant relocation programs, as specified in the housing and tenant relocation impact report and shall consider phasing proposals or programs proposed by the applicant.

• B. No phasing or timing program shall require the sale of any unit or interest to be deferred more than two years from the date of approval of the application.

(Prior code § 27-5.22; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)

Chapter 12.90. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

The purpose of this chapter is to comply with California Government Code Sections 6314 through 66339 which provides 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 existing neighborhoods. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this chapter shall remain in full force and effect.

An accessory dwelling unit that conforms to this chapter shall be deemed to be a residential use that is consistent with the existing General Plan and zoning designations for the lot, and shall be deemed an accessory use, as defined in Section 12.80.015 , and shall not be considered to exceed the allowable density for the lot upon which it is located. An accessory dwelling unit is not a recreational vehicle or an "excess housekeeping unit," as defined in Section 12.92.030 of the San Bruno zoning ordinance, unless verified by the planning division to be an accessory dwelling unit. (Ord. 1898 § 3, 2021; Ord. 1958, 1/28/2025)

Accessory Dwelling Unit or ADU: an interior, attached or a detached residential dwelling unit located on a single lot with a proposed or existing single-family residence or existing multifamily residence which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling or multi-Family dwelling. At minimum, the kitchen shall contain a sink, refrigerator, and either a cooktop or range. An accessory dwelling unit also includes the following:

1. Efficiency unit, as defined in Section 17958.1 of Health and Safety Code: a separate living space for occupancy by no more than two persons, which has a minimum floor area of one hundred fifty square feet containing partial kitchen or bathroom facilities.

2. Manufactured home, as defined in Section 18007 of Health and Safety Code: a transportable structure which in the traveling mode is eight feet or more in width and forty feet or more in length and is a minimum of three hundred twenty square feet and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contain therein.

Efficiency Kitchen: a kitchen including all of the following: (1) a cooking facility with appliances; (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

Junior Accessory Dwelling Unit or JADU: a residential unit that is no more than five hundred square feet in size and contained entirely within a single-family dwelling unit, including an attached garage. A junior accessory dwelling unit must contain an entrance separate from the entrance for the single-family dwelling and shall either include separate sanitation facilities (bathroom containing a sink, toilet, and shower/tub) or share sanitation facilities with the single-family dwelling. An efficiency kitchen is required, which must include a sink, a cooking facility with appliances (e.g., microwave, toaster oven, hot plate), as well as a food preparation counter and storage cabinets.

Livable Space: a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

Living area: the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

Passageways: a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

Public Transit: a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Tandem parking: two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. 1898 § 3, 2021; Ord. 1958, 1/28/2025)

• A. Zoning. Accessory dwelling units shall be a permitted use in any district where residential uses are permitted. Junior accessory dwelling units shall be permitted in the single-family zoning districts within an existing single-family residence, or as part of a proposed single-family residence.

• B. Junior Accessory Dwelling Units. Where permitted, one junior accessory dwelling unit may be developed on any legally created lot and shall be located within the walls of an existing or proposed single-Family residence. A junior accessory dwelling unit may be developed on the same lot as an accessory dwelling unit that meets the following standards:

  1. A detached, new construction accessory dwelling unit not exceeding eight hundred square feet in size and sixteen feet in height, with at least four-foot side and rear setbacks; or

  2. An accessory dwelling unit developed within:

     • a. The space of a proposed or existing single-family dwelling unit, or

     • b. A legally established existing accessory structure which may include an expansion of up to one hundred fifty square feet beyond the existing physical dimensions to accommodate ingress and egress only.

• C. Accessory Dwelling Units.

  1. Multifamily Residential Structures. One of the following may be permitted on a lot with an existing multifamily residential structure:

     • a. Up to twenty-five percent of the number of existing multifamily units in the building, but at least one unit, shall be allowed in existing multifamily dwelling structures within the portions of the structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the unit complies with California Building Code Standards. An accessory dwelling unit shall not be created within any portion of an existing dwelling unit in a multifamily structure; or

     • b. Multiple accessory dwelling units, as set forth in subparagraphs i or ii, shall be allowed on a lot with an existing multifamily residential structure, provided that the height of the detached accessory dwelling unit does not exceed sixteen feet and each unit has side yard and rear yard setbacks of at least four feet.

       • i. On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units shall be allowed. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot; or

       • ii. On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units shall be allowed.

  2. Single-Family Residences. One accessory dwelling unit is permitted per residential lot containing an existing or proposed single family residence. The accessory dwelling unit may be:

     • a. Attached to an existing or proposed single-family residence;

     • b. Located within the walls of the existing or proposed single-family residence, including all or a portion of an attached garage;

• c. Located within a legally-established existing accessory structure which may include an expansion of up to one hundred fifty square feet beyond the existing physical dimensions to accommodate ingress and egress only;

  - d. Detached from the existing or proposed single-family residence, but located on the same lot; 
  
  - e. Located over a legally established detached garage. 
  

• D. Aircraft Noise Insulation. Any accessory dwelling unit located in the 65 CNEL or higher areas, as shown on the Noise Compatibility Zones map of the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco Airport, is required to be designed to Aircraft Noise Insulation Program standards.

• (Ord. 1898 § 3, 2021; Ord. 1958, 1/28/2025)

Within sixty days of receipt of a complete building permit application, the community development department staff shall ministerially process for approval any application for an ADU or JADU permit pursuant to this chapter. Incomplete applications will be returned with an explanation of what additional information is required. Upon finding that the ADU or JADU meets the requirements of this chapter, the application shall be approved ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. Review and approval of all ADUs and JADUs is ministerial, and CEQA does not apply to ministerial permits. Prior to obtaining a building permit for a JADU, submission of a completed, signed deed restriction is required, as described by Section 12.90.060 .

(Ord. 1947, 4/9/2024; Ord. 1965, 8/26/2025)

• A. General Requirements. Accessory dwelling units shall conform to the height, setbacks, lot coverage and any other development or supplemental standards of any applicable zoning district(s), the development standards below, other requirements of the Zoning Ordinance, and other applicable city codes. In any case of conflict between this section and any other part of the San Bruno Municipal Code, the standards specific to this section shall take precedence.

• B. Building and Fire Code Requirements. Junior accessory dwelling units and accessory dwelling units shall comply with all applicable building and fire code requirements, except fire sprinklers shall not be required in a junior accessory dwelling unit or accessory dwelling unit if they are not required for the primary residence.

• C. Entrances. A junior accessory dwelling unit and an accessory dwelling unit shall have a separate exterior entrance from the primary dwelling unit. Interior entries from the primary

residence are allowed, but junior accessory dwelling units and accessory dwelling units must be separated and delineated from the main residence by a door.

• D. Junior Accessory Dwelling Units.

  1. Location. Junior accessory dwelling units shall be contained entirely within the walls of an existing or proposed single-family residence, and shall contain at least an efficiency kitchen equipped with a sink, a cooking facility with appliances (e.g., microwave, toaster oven, hot plate) as well as a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

  2. Size. A junior accessory dwelling unit shall be no larger than five hundred square feet in size, and no junior accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1 .

  3. Sanitation Facilities. A junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family residence and shall have an interior access to any shared sanitation facilities.

  4. Balconies and Openings. Balconies, decks and open stair landings shall not face the side property lines, except as needed to allow ingress and egress.

  5. Parking. Junior accessory dwelling units shall not be required to provide for any additional parking for the unit itself and is not required to replace any parking displaced by junior accessory dwelling unit construction, including full or partial conversion of an existing garage.

• E. Accessory Dwelling Units.

1. Development Standard Waivers. Development standards regarding lot coverage, floor area ratio, impervious surface, and lot size shall be waived to allow a maximum eight hundred square foot detached or attached accessory dwelling unit with a maximum of sixteen feet in height, with minimum four-foot side and four-foot rear yard setbacks in compliance with all other applicable development standards. Permitted floor area and lot coverage requirements described by San Bruno Municipal Code Sections 12.96.060(D)(7) and 12.200.030 shall be waived to allow for an attached or detached ADU meeting the maximum size requirements described by subsection (E)(4).

   2. Setbacks. Attached and detached accessory dwelling units shall conform to the following setback standards:

      • a. A minimum setback of four feet is required from the side and rear property lines. However, no setbacks shall be required under the following circumstances:

        • i. Existing livable space or an existing accessory structure that is converted, in whole or in part, to an ADU; or

        • ii. The ADU is constructed in the same location and to the same dimensions as an existing structure that is demolished solely for the purpose of constructing the ADU.

      • b. There is no minimum requirement for setbacks between an accessory dwelling unit and the main residence; however, all proposals shall meet any applicable building and fire requirements.

   3. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

   4. Size.

   • a. The floor area of an attached or detached accessory dwelling unit on a lot with a proposed or existing single-family dwelling shall not exceed eight hundred fifty square feet for a studio or one bedroom and shall not exceed one thousand square feet for a unit that contains more than one bedroom for lots less than seven thousand five hundred square feet. For lots greater than or equal to seven thousand five hundred square feet, the floor area of an attached or detached accessory dwelling unit shall not exceed one thousand two hundred square feet for a unit that contains more than one bedroom.

   • b. No accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1 .

2. Architectural Compatibility. Compliance with the San Bruno Residential Design Architectural Compatibility. Compliance with Architectural Compatibility. Compliance with Guidelines is encouraged, but not required. A detached accessory dwelling unit with a single sloping or shed type roof shall be sited in a manner that causes the lowest eave line of the accessory dwelling unit to be located along the nearest side and/or rear property line and the highest eave line oriented toward the interior of the parcel. Notwithstanding the above, no design standards shall be required accessory dwelling units that meet the requirements of Government Code Section 66323(a) Sections 1 through 4.

ll be sited in a manner that causes the lowest eave line of the accessory dwelling unit to be located along the nearest side and/or rear property line and the highest eave line oriented toward the interior of the parcel. Notwithstanding the above, no design standards shall be required accessory dwelling units that meet the requirements of Government Code Section 66323(a) Sections 1 through 4.

6. Balconies and Openings. Balconies, decks or open stair landings that face the rear or side property line nearest the accessory dwelling unit shall not be permitted, except as needed to allow ingress and egress. Windows within five feet of the property line shall utilize one of the following techniques to lessen the privacy impacts onto adjacent properties: obscured glazing, window placement above five feet, six inches (eye level), window orientation toward the existing on-site residence, or screening treatments.

7. Height. The height of an accessory dwelling unit shall be measured in accordance with Section 12.80.246 and shall not exceed the following:

   • a. A height of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family dwelling unit or existing or proposed single-story multifamily dwelling unit.

   • b. A height of eighteen feet for a lot with existing or proposed multi-story multifamily dwelling units, or any single-family or multifamily lot that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.

   • c. An additional two feet in height, beyond that which is allowed in subsection (E)(7)(a) and (b), shall be allowed to accommodate a roof pitch on a detached accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

   • d. Allowed heights of accessory dwelling units attached to the primary dwelling shall adhere to the heights allowed for the primary dwelling. Accessory dwelling units located over legally established detached garages shall not exceed twenty-five feet in height. In no case shall an attached accessory dwelling unit exceed two stories. In the case of attached accessory dwelling units on single-family lots, no part of the accessory dwelling unit shall not be allowed above the second-story.

8. Reserved.

9. Off-Street Parking. Parking for an accessory dwelling unit shall be provided in compliance with the following standards:

   • a. One parking space shall be required for each proposed accessory dwelling unit in addition to those required for the single-family dwelling units, except as provided in subsections c and d below.

• b. The additional parking space may be provided as uncovered tandem parking located in or adjacent to the required driveway for the primary residence or in the side yard as allowed per Chapter 12.100 . Parking for the accessory dwelling unit may be located within setback areas unless the director finds that parking in setback areas is not feasible due to specific site or regional topographical conditions or fire and life safety conditions. Parking spaces shall not extend into a public sidewalk or right-of-way that would block pedestrian travel. Parking space dimensions must meet the requirements of the San Bruno Parking Design Standards.

  • c. On-site parking is not required for an accessory dwelling unit in any of the following instances:

    • i. The accessory dwelling unit is located within one-half mile of public transit.

    • ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.

    • iii. The accessory dwelling unit is part of the existing or proposed primary residence or multifamily structure or an existing accessory structure.

    • iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

    • v. When there is a dedicated parking area for one or more car share vehicles located within one block of the accessory dwelling unit.

    • vi. The accessory dwelling unit falls under one of the categories set forth by Government Code Section 66323 .

  • d. Replacement parking is not required when a garage, carport, or covered parking structure is demolished for the construction of an accessory dwelling unit or converted to an accessory dwelling unit.

10. New Address. The San Bruno building official shall assign a new address to the accessory dwelling unit.

(Ord. 1898 § 3, 2021; Ord. 1958, 1/28/2025)

• A. An ADU or JADU shall not be rented for less than thirty days if permitted after January 1, 2020.

• B. A JADU shall require the recordation of a deed restriction that shall run with the land, be filed with the building department, and include both of the following:

  1. A prohibition on the sale of the JADU unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and

  2. A restriction on the size and attributes of the JADU that conforms with Government Code Sections 66333 through 66339 .

• (Ord. 1898 § 3, 2021; Ord. 1958, 1/28/2025; Ord. 1965, 8/26/2025)

• A. Prior to January 1, 2030, the owner of an ADU that was built prior to adoption of the ordinance codified in this chapter, may submit a written request 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 will 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 will 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 by the city 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 ADU built prior to adoption of the ordinance codified in this chapter shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an ADU pursuant to this section.

• (Ord. 1898 § 3, 2021)

• A. For an accessory dwelling unit or junior accessory dwelling unit within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and which may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as added for ingress/egress and that otherwise complies with Government Code Section 66323(a)(1) , a new or separate utility connection directly between the accessory dwelling unit and the utility is not required. A related connection fee or capacity charge is also not required, unless the accessory dwelling unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Government Code Section 66342 .

• B. For an accessory dwelling unit not within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, a new or separate utility connection directly between the accessory dwelling unit and the utility is required. Consistent with Government Code Section 66013 , the connection will be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

• C. Impact Fees. No impact fees, as defined in Government Code Section 66324(c) , shall be imposed on any junior accessory dwelling unit or accessory dwelling unit.

• (Ord. 1898 § 3, 2021;Ord. 1958, 1/28/2025)