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feasible. bass id upon specific site'.or regional ,topographic_ al -or fire and life safety conditions, or .that It Is not
<br />pormitted anywh -re elserin the jurisdiction.
<br />(111)'Tliis clause. shall not apply to a unit that is described in subdivision (d),
<br />(xi) When garage, carport, or covered par king;structul c is,demollshcd in conjunction with the• construction of
<br />'an accessory duelling unit, and the local -agency requires that those pffstreet parking'spaces be replaced, the
<br />replacement "spaces may he located in any configuration on the same lot as the accessory dwelling unit;
<br />'including, but not Ilmited to; :as covered spaces, uncovered spaces,. or tandem spaces, or by the use' of
<br />mechanical automobile parking lifts. This clause shall not apply to unit that is described in subdivision•(dj.
<br />(2) The ordinance shall not`be considered in Lhe,application-of any local ordinance, policy, or program to limit
<br />residenttal growth:
<br />(3) When -a local agency receives its first appllcaflOn on 'or after July 1, 2003, for a permit pursuant to this
<br />subdivision, the. application shall be considered ministerially wi,thout discretionary review, or a hearing,
<br />notivlthstanding Section 65901 or 65906 or:any aueal ordinance regulating the issuance of vartances,or special
<br />use permits,, •within 120,days after receiving the application. A local agency may 'charge a feeto iGimbilrse It for
<br />casts that It Incurs as.aresult of amendments to this paragraph enacted during Lhe 2001-02 Regular Sesslorl of
<br />the Legislature, lhcluding the costs of adopting,or amending any ordinance% that provides for. the creat ion of an
<br />,accessory dwelling unit.
<br />(4) An existing ordinance governing. the creation of.an'accessory dlVellinid milt by, "a local agency or an.acces.sorIy
<br />dwelling ordinance adapted by a local agency subsequent to the effectF✓e date of the act adding this:pangraph-
<br />shall provide an approval process thbt includes only -ministerial provisions' for the approval of accessory tiv:ellbtg
<br />units and shall not Include any disEi'etionary:processes, firoVfsions, or requirements for those units, "except as
<br />otherwise provided in thls subdivision. In the event:that a locaj agency has -an existing accessary. dwelling unit
<br />ordinance that fails•to meet the requirementso rthis subdivision, that ordinance shall tie null and .void upon the%
<br />effective irate of the act adding this paragraph -and that agency shall thereafter apply the stardards'established
<br />in tfils*subdivisiori for theapproval of accessory dwelling units, unless. and' until,the agency adopts an: ordinance
<br />thak'i:,ompliesavith this_sdction,
<br />(5) No other local ordinance, policy, or regulation'shall be the basis, for the denial of a building permit or a use
<br />perrrdt.Undor this subdivision.
<br />(6) This subdivision establishes the.,maximurn standards that lo_cai.agencies 511,411 use to evaluate a proposed
<br />accessory duelling unit on a lot zoned for resloantial. rise that, contains ad 'existing single-family dwelling; No
<br />'additional standards; other than .those ,provided in this subdlVision, `s11'111.be utiliied o1' "Imposed, except ttiat a
<br />local agency may require an applicant for a permit issued pursuant to..thfs"subdivision to be an owner=occupant
<br />or that the property be used for rentals of terms longer than 30 days.
<br />(7) A local agency may "amend its zoning ordinance 0 general plain to Incorporate the' policies, -procedures; or
<br />other' provisions applicable. to the creation af;an accessory duelling unit if these provislons are consistent •riith
<br />the limitations of this subdivision,'
<br />(B) An accessory duelling' unit that corifornis'to_ this subdivision Shall be deemed to be an accessory use•or.an
<br />'accessory building and shall not be ronsideted. to exceed the allowable de'nsity:for the lot upon which it is
<br />"located, and shall be deemedtobe a residential usethatis corislstent+eiltti the existing general plan and zoning
<br />designations for the lot. The accessory dwelling unit shall not be considered in the application of zany local
<br />,ordinance; policy, or program to limit' residential growth.
<br />(b). When a local agency that has not adopted an ordinance governing accessory d -welling units in accordance
<br />With subdivision (a) receives as first applicatlon an or arter-July 1; 1903; for a permit to create an accessory
<br />dwelling unit pursuant to this suLdivision; the local agency shall .accept the appllcation 'and approve or
<br />disappro4e the applIcatiod ministerially without• discretionary review pursuant to subdivision (a) within 12a. 'days.
<br />after rerelving the application:
<br />(c) A local agency may establish minimum and maximtnn unit size requirements fpr both attached and detached
<br />accessory doveliing.units, No minimum or maximum size for.an accessory dwelling unit, or size based upon a
<br />porcentago,of the existing dwelling, shall bz.est,iblished by ordinance for either attached or detached dl4ellings
<br />that does not permit at least an efficiency Unlit to- be constructed in compliance with local :development
<br />standards: Accessory dwelling units,shall not he required to provide Fite sprinklers if they are not required for the
<br />primary residence.
<br />75D-24
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