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Ch. 735 —4— <br />(6) <br />4— <br />(6) This subdivision establishes the maximum standards that local <br />agencies shall use to evaluate proposed accessory dwelling units on lots <br />zoned for residential use that contain an existing single-family dwelling. <br />No additional standards, other than those provided in this subdivision, shall <br />be utilized or imposed, except that a local agency may require an applicant <br />for a permit issued pursuant to this subdivision to be an owner -occupant. <br />(7) A local agency may amend its zoning ordinance or general plan to <br />incorporate the policies, procedures, or other provisions applicable to the <br />creation of accessory dwelling units if these provisions are consistent with <br />the limitations of this subdivision. <br />(8) An accessory dwelling unit that conforms to this subdivision shall <br />be deemed to be an accessory use or an accessory building and shall not be <br />considered to exceed the allowable density for the lot upon which it is <br />located, and shall be deemed to be a residential use that is consistent with <br />the existing general plan and zoning designations for the lot. The accessory <br />dwelling units shall not be considered in the application of any local <br />ordinance, policy, or program to limit residential growth. <br />(b) When a local agency that has not adopted an ordinance governing <br />accessory dwelling units in accordance with subdivision (a) receives its first <br />application on or after July 1, 1983, for a permit pursuant to this subdivision, <br />the local agency shall accept the application and approve or disapprove the <br />application ministerially without discretionary review pursuant to subdivision <br />(a) within 120 days after receiving the application. <br />(c) A local agency may establish minimum and maximum unit size <br />requirements for both attached and detached accessory dwelling units. No <br />minimum or maximum size for a accessory dwelling unit, or size based <br />upon a percentage of the existing dwelling, shall be established by ordinance <br />for either attached or detached dwellings that does not permit at least an <br />efficiency unit to be constructed in compliance with local development <br />standards. <br />(d) Fees charged for the construction of accessory dwelling units shall <br />be determined in accordance with Chapter 5 (commencing with Section <br />66000). <br />(e) This section does not limit the authority of local agencies to adopt <br />less restrictive requirements for the creation of accessory dwelling units, <br />provided those requirements comply with subdivision (a). <br />(f) Local agencies shall submit a copy of the ordinances adopted pursuant <br />to Subdivision (a) to the Department of Housing and Community <br />Development within 60 days after adoption. <br />(g) As used in this section, the following terms mean: <br />(1) "Living area" means the interior habitable area of a dwelling unit <br />including basements and attics but does not include a garage or any accessory <br />structure. <br />(2) "Local agency" means a city, county, or city and county, whether <br />general law or chartered. <br />(3) For purposes of this section, "neighborhood" has the same meaning <br />as set forth in Section 65589.5. <br />94 <br />