Laserfiche WebLink
-7— Ch. 735 <br />local agency subsequent to the effective date of the act adding this paragraph <br />shall provide an approval process that includes only ministerial provisions <br />for the approval of accessory dwelling units and shall not include any <br />discretionary processes, provisions, or requirements for those units, except <br />as otherwise provided in this subdivision. In the event that a local agency <br />has an existing accessory dwelling unit ordinance that fails to meet the <br />requirements of this subdivision, that ordinance shall be null and void upon <br />the effective date of the act adding this paragraph and that agency shall <br />thereafter apply the standards established in this subdivision for the approval <br />of accessory dwelling units, unless and until the agency adopts an ordinance <br />that complies 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 />(6) This subdivision establishes the maximum standards that local <br />agencies shall use to evaluate a proposed accessory dwelling unit on a lot <br />zoned for residential use that contains 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 or <br />that the property be used for rentals of terms longer than 30 days. <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 an accessory dwelling unit 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 unit 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 to create an accessory <br />dwelling unit pursuant to this subdivision, the local agency shall accept the <br />application and approve or disapprove the application ministerially without <br />discretionary review pursuant to subdivision (a) within 120 days after <br />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 an 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. Accessory dwelling units shall not be required to provide fire <br />sprinklers if they are not required for the primary residence. <br />94 <br />