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<br />26 <br /> <br /> The accessory dwelling unit is located in the WWWW Downtown, XXX Area, YYY Corridor and <br />ZZZ Opportunity Area. <br /> The accessory dwelling unit is located within an architecturally and historically si gnificant historic <br />district. <br /> When on-street parking permits are required but not offered to the occupant of the accessory <br />dwelling unit. <br /> When there is a car share vehicle located within one block of the accessory dwelling unit. <br />3. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in <br />conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required <br />and may be located in any configuration on the same lot as the accessory dwelling unit. <br />Section XXX4XXX: Permit Requirements <br />ADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. The <br />Community Development Director shall issue a building permit or zoning certificate to establish an accessory <br />dwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX , as <br />appropriate. The Community Development Director may approve an accessory dwelling unit that is not in <br />compliance with Section XXX3XXXX as set forth in Section XXX5XXXX. The XXXX Health Officer shall approve <br />an application in conformance with XXXXXX where a private sewage disposal system is being used. <br />Section XXX5XXX: Review Process for Accessory Structure Not Complying with <br />Development Standards <br />An accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoning <br />certificate or an administrative use permit at the discretion of the Community Development Director subject to <br />findings in Section XXX6XX <br />Section XXX6XXX: Findings <br />A. In order to deny an administrative use permit under Section XXX5XXX, the Community Development Director <br />shall find that the Accessory Dwelling Unit would be detrim ental to the public health and safety or would introduce <br />unreasonable privacy impacts to the immediate neighbors. <br />B. In order to approve an administrative use permit under Section XXX5XXX to waive required accessory dwelling <br />unit parking, the Community Development Director shall find that additional or new on -site parking would be <br />detrimental, and that granting the waiver wil l m eet the purposes of this Chapter. <br />Section XXX7XXX: Definitions <br />(1) “Living area means the interior habitable area of a dwelling unit including basements and attics but does not <br />include a garage or any accessory structure. <br /> (2) “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete <br />independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, <br />eating, cooking, and sanitation on the same parcel as the single -family dwelling is situated. An accessory <br />dwelling unit also includes the following: <br />(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. <br />(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. <br />(3) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance <br />of the accessory dwelling unit. <br />8.B. - Page 76