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n6hvithstandlnd Section 65901 or 65906.6r any local ordinancetregulaLlhg the Issuance of variances -or'special
<br />use permits; Within 120 21'!.ys,afiet receiving"thd applicafion.. A local agency may charge.a fee to'reimburse it fair
<br />costs that it incurs as a result of afnendmcnts to this paragraph enacted during t1.he 2013]-02 Regular Session of
<br />the Legislature, including the costs of adopting or amending any ordinance. that provides -for the.creation of -
<br />accessory, dwelling units,
<br />(4) Any existing ordinance goderning the:creation of accessorl dwelling uniLs by a local agency'or.any such
<br />ordinance adopted by a local agency subsequent to theeffective date of the act adclinoihis paragraph shall
<br />provide an approval process that includes only ministerial provisions for the approval ofaccessoty clwelling units
<br />and shall not include any discretionary processes, provisions, or requirements' for those units ,except as otherwise.
<br />provided In this subdivision. fn the cventthat a localragency has an existing accessory. dwelling unit ordinance
<br />that fails to meet.lherequir'ements of this subdivision, that -ordinance shall be null and void upon the effective'
<br />date of the act adding this paragraph and that. agency shall thereafter- apply the: standards established in this
<br />subdivision for. the approval of accessory dwell{ng. units, unless and; until the agency adopts an ordinance. tliat
<br />complies with this section,
<br />(5) No-otiier local ordinanco, policy, or'regulation shall be the basis for"the 'denial of a.buliding, period or a use
<br />permit under this subdivision.
<br />(6) This subdivision establishes the maximum -" standards dhaL.local agencies -shall usezto evaluate proposed
<br />iccesory -dwelling units onlots:zoned for'rosidential use that contain an existing "single-family dwelling. -No
<br />addlki6nal standard,, other than those provided In this subdivision, shall be utilized or Imposed," except th"ata
<br />local,agency may require,an applicant for a peirrnk Issued pursuant to this s ihdivision to be;ah`owner-occupant.
<br />(7) A local (agency may amend its zoning, ordinance or general plan to incorporaLe the policies, procedures, or,
<br />other :prcvisionc;appiicable to'the creation or accessory dwelling units,ifAliesc prdvisions are consistent with _the
<br />limltationsor this subdivision. _ '
<br />(8) An accessory dwelling unit that conforms to this subdivision shallbe deemed ,to bean accessary use or an.
<br />accessory building and shall not be 'considered to exceed -the>allowable density for.the lot upon which It is<
<br />located, and shall be'deemed to be a residential lisp. that is consistent with the existing general plan and zoning'
<br />designations for the lot.'The accessory dwelling; units shall net be in the -application of any local
<br />oixlinahce, policy, or program to Ilrnit rzsideritial growth.
<br />(b) when a local agency that has not adopLed an ordinance governing, accessory dwelling, Units In accordance
<br />with subdivision (a) 'receives Its first :application on or after July -1, 1983, for "a .permit ,pursuant to this
<br />subdivision, the )ocal agency shall accept the.application and approvd.;or disapprove the appllcatfori ministerial{y
<br />withogtdlkictionaiy review pursuant to sub�diyisipn (a) within 120 days alter receiving Ida lappticIation.
<br />(c) A local agency may establish minimum and maximum unit size requirements for beth attached and detached
<br />accessary doielbng •units. 'No mininfdm or maximum size fa, a" accessory dwelling unit, or size based upon a
<br />percentage of the uisting dwelling, shall be.'established by ordinance'fo, eltha:r attached or detached dwellings
<br />that does not permit, at least an efficiency unit to be.,constructed In curnpliance viith local `development.
<br />standards..
<br />(d) Fees charged for the construction of aceessoYy (livening units shall be determined In accordince with Chapter
<br />5 (commencing with Section 1166000).
<br />(e) This section does not limit the 'authority of local agencies to adopt less restrictive requirements for the,
<br />'creation of accessory dwelling units, provided those requirements comply.wllh subdivision (a).
<br />(f) Local agencies -shall a copy of the ordinances adopted pursuant to subdivision (a) to the Department.
<br />of Housing and CornrnunllyDevelopment !wRhln'66 days after adoption,
<br />(g), As used in this section, the following terips nican:
<br />"(1) ".Living area" means the Interior habitable area of a dwelling unit including basements and.ettics but. does not
<br />include 7 garage orany accessoa'ysti:ucture.
<br />(2) "Local agency" means a city, county, or city and counLyi. whether general lavy or chartered.
<br />(3) For purposes of this section, "neighborhood" lies the same meaning as set forth in Section;€+5589.5.
<br />75D-22
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