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-3— Ch. 735 <br />(viii) Local building code requirements that apply to detached dwellings, <br />as appropriate. <br />(ix) Approval by the local health officer where a private sewage disposal <br />system is being used, if required. <br />(x) (I) Parking requirements for accessory dwelling units shall not exceed <br />one parking space per unit or per bedroom. These spaces may be provided <br />as tandem parking on an existing driveway. <br />(II) Offstreet parking shall be permitted in setback areas in locations <br />determined by the local agency or through tandem parking, unless specific <br />findings are made that parking in setback areas or tandem parking is not <br />feasible based upon specific site or regional topographical or fire and life <br />safety conditions, or that it is not permitted anywhere else in the jurisdiction. <br />(xi) When a garage, carport, or covered parking structure is demolished <br />in conjunction with the construction of an accessory dwelling unit, and the <br />local agency requires that those offstreet parking spaces be replaced, the <br />replacement spaces may be located in any configuration on the same lot as <br />the accessory dwelling unit, including, but not limited to, as covered spaces, <br />uncovered spaces, or tandem spaces, or by the use of mechanical automobile <br />parking lifts. <br />(2) The ordinance shall not be considered in the application of any local <br />ordinance, policy, or program to limit residential growth. <br />(3) When a local agency receives its first application on or after July 1, <br />2003, for a permit pursuant to this subdivision, the application shall be <br />considered ministerially without discretionary review or a hearing, <br />notwithstanding Section 65901 or 65906 or any local ordinance regulating <br />the issuance of variances or special use permits, within 120 days after <br />receiving the application. A local agency may charge a fee to reimburse it <br />for costs that it incurs as a result of amendments to this paragraph enacted <br />during the 2001-02 Regular Session of the Legislature, including the costs <br />of adopting or amending any ordinance that provides for the creation of <br />accessory dwelling units. <br />(4) Any existing ordinance governing the creation of accessory dwelling <br />units by a local agency or any such ordinance adopted by a local agency <br />subsequent to the effective date of the act adding this paragraph shall provide <br />an approval process that includes only ministerial provisions for the approval <br />of accessory dwelling units and shall not include any discretionary processes, <br />provisions, or requirements for those units except as otherwise provided in <br />this subdivision. In the event that a local agency has an existing accessory <br />dwelling unit ordinance that fails to meet the requirements of this <br />subdivision, that ordinance shall be null and void upon the effective date <br />of the act adding this paragraph and that agency shall thereafter apply the <br />standards established in this subdivision for the approval of accessory <br />dwelling units, unless and until the agency adopts an ordinance that complies <br />with this section. <br />(5) No other local ordinance, policy, or regulation shall be the basis for <br />the denial of a building permit or a use permit under this subdivision. <br />94 <br />