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<br />12 <br /> <br />but not limited to, covered spaces, uncovered spaces, or tandem spaces, or….” Configuration can be applied in a <br />flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing <br />driveways in setback areas or not requiring excessive distances from the street would be appropriate. <br />Are ADUs Permitted in Existing Residence or Accessory Space? <br />Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory <br />structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B)) for ADUs, including <br />locational requirements (Section 65852.2(a)(1)(A)), subject to usual non-appealable ministerial building permit <br />requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be <br />limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review, <br />landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any <br />single fam ily residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs where <br />impact is minimal and the existing footprint is not being increased. <br />Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non-conforming <br />lots or structures. The phrase, “..within the existing space” includes areas within a primary home or within an <br />attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studio <br />and similar enclosed structures. <br />Are Owner Occupants Required? <br />No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the <br />primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals <br />(terms lesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on the <br />same property. Local agencies which impose this requirement should require recordation of a deed restriction <br />regarding owner occupancy to comply with GC Section 27281.5 <br />Are Fire Sprinklers Required for ADUs? <br />Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primary <br />residence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if the <br />primary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU. <br />Alternative methods for fire protection could be provided. <br />If the ADU is detached from the main structure or new space above a detached garage, applicants can be <br />encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique <br />opportunity to address a variety of housing needs and provide affordable housing options for family members, <br />students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensure <br />the safety of these populations as well as the safety of those living in th e primary structure. Fire Departments can <br />help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost <br />effectively. For example, insurance rates are typically 5 to 10 percent lower where the unit is sprinklered. Finally, <br />other methods exist to provide additional fire protection. Some options may include additional exits, emergency <br />escape and rescue openings, 1 hour or greater fire-rated assemblies, roofing materials and setbacks from property <br />lines or other structures. <br /> <br />8.B. - Page 62