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-11— Ch. 720 <br />(I) Approval by the local health officer where a private sewage disposal <br />system is being used, if required. <br />(2) 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 />(3) 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 or <br />subdivision (a), shall be utilized or imposed, except that a local agency may <br />require an applicant for a permit issued pursuant to this subdivision to be <br />an owner -occupant or that the property be used for rentals of terms longer <br />than 30 days. <br />(4) 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 />(5) An accessory dwelling unit that conforms to this subdivision shall <br />not be considered to exceed the allowable density for the lot upon which it <br />is 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 />(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 otherwise permit at <br />least an efficiency unit to be constructed in compliance with local <br />development standards. Accessory dwelling units shall not be required to <br />provide fire sprinklers if they are not required for the primary residence. <br />(d) 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. Off-street parking shall be <br />permitted in setback areas in locations determined by the local agency or <br />through tandem parking, unless specific findings are made that parking in <br />setback areas or tandem parking is not feasible based upon fire and life <br />safety conditions. This subdivision shall not apply to a unit that is described <br />in subdivision (e). <br />(e) Notwithstanding any other law, a local agency, whether or not it has <br />adopted an ordinance governing accessory dwelling units in accordance <br />with subdivision (a), shall not impose parking standards for an accessory <br />dwelling unit in any of the following instances: <br />(1) The accessory dwelling unit is located within one-half mile of public <br />transit. <br />(2) The accessory dwelling unit is located within an architecturally and <br />historically significant historic district. <br />90 <br />