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<br />21 <br /> <br />(2) (5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use <br />permit under this subdivision. <br />(3) (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed <br />ADUs on lots a proposed accessory dwelling unit on a lot zoned for residential use which contain that contains an <br />existing single-family dwelling. No additional standards, other than those provided in this subdivision or subdivision <br />(a), subdivision, shall be utilized or imposed, except that a local agency may require an applicant for a permit <br />issued pursuant to this subdivision to be an owner-occupant. owner-occupant or that the property be used for <br />rentals of terms longer than 30 days. <br />(4) (7) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required <br />to implement this subdivision. Any A local agency may amend its zoning ordinance or general plan to incorporate <br />the policies, procedures, or other provisions applicable to the creation of ADUs an accessory dwelling unit if these <br />provisions are consistent with the limitations of this subdivision. <br />(5) (8) A ADU which conforms to the requirements of An accessory dwelling unit that conforms to this subdivision <br />shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the <br />allowable density for the lot upon which it is located, and shall be deemed to be a residential use which that is <br />consistent with the existing general plan and zoning designations for the lot. The ADUs accessory dwelling unit <br />shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. <br />(c) (b) No When a local agency shall adopt an ordinance which totally precludes ADUs within single -family or <br />multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit <br />housing opportunities of the region and further contains findings that specific adverse impacts on the public health, <br />safety, and welfare that would result from allowing ADUs within single-family and multifamily zoned areas justify <br />adopting the ordinance. that has not adopted an ordinance governing accessory dwelling units in accordance with <br />subdivision (a) receives its first application on or after July 1, 1983, for a permit to c reate an accessory dwelling <br />unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the <br />application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving th e <br />application. <br />(d) (c) A local agency may establish minimum and maximum unit size requirements for both attached and <br />detached second accessory dwelling units. No minimum or maximum size for a second an accessory dwelling unit, <br />or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or <br />detached dwellings which that does not permit at least an efficiency unit to be constructed in compliance with local <br />development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not <br />required for the primary residence. <br />(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory <br />dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit <br />in any of the following instances: <br />(1) The accessory dwelling unit is located within one-half mile of public transit. <br />(2) The accessory dwelling unit is located within an architecturally and historically significant historic district. <br />(3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. <br />(4) When on-street parking permits are required but not offered to the occupant of t he accessory dwelling unit. <br />(5) When there is a car share vehicle located within one block of the accessory dwelling unit. <br />(e) Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. Additional parking <br />may be required provided that a finding is made that the additional parking requirements are directly related to the <br />8.B. - Page 71