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Ch. 720 —16— <br />(2) <br />16— <br />(2) The accessory dwelling unit is located within an architecturally and <br />historically significant historic district. <br />(3) The accessory dwelling unit is part of the existing primary residence <br />or an existing accessory structure. <br />(4) When on -street parking permits are required but not offered to the <br />occupant of the accessory dwelling unit. <br />(5) When there is a car share vehicle located within one block of the <br />accessory dwelling unit. <br />(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency <br />shall ministerially approve an application for a building permit to create <br />within a single-family residential zone one accessory dwelling unit per <br />single-family lot if the unit is contained within the existing space of a <br />single-family residence or accessory structure, has independent exterior <br />access from the existing residence, and the side and rear setbacks are <br />sufficient for fire safety. Accessory dwelling units shall not be required to <br />provide fire sprinklers if they are not required for the primary residence. <br />(f) (1) Fees charged for the construction of accessory dwelling units <br />shall be determined in accordance with Chapter 5 (commencing with Section <br />66000) and Chapter 7 (commencing with Section 66012). <br />(2) Accessory dwelling units shall not be considered new residential uses <br />for the purposes of calculating local agency connection fees or capacity <br />charges for utilities, including water and sewer service. <br />(A) For an accessory dwelling unit described in subdivision (e), a local <br />agency shall not require the applicant to install a new or separate utility <br />connection directly between the accessory dwelling unit and the utility or <br />impose a related connection fee or capacity charge. <br />(B) For an accessory dwelling unit that is not described in subdivision <br />(e), a local agency may require a new or separate utility connection directly <br />between the accessory dwelling unit and the utility. Consistent with Section <br />66013, the connection may be subject to a connection fee or capacity charge <br />that shall be proportionate to the burden of the proposed accessory dwelling <br />unit, based upon either its size or the number of its plumbing fixtures, upon <br />the water or sewer system. This fee or charge shall not exceed the reasonable <br />cost of providing this service. <br />(g) This section does not limit the authority of local agencies to adopt <br />less restrictive requirements for the creation of an accessory dwelling unit. <br />(h) Local agencies shall submit a copy of the ordinance adopted pursuant <br />to subdivision (a) to the Department of Housing and Community <br />Development within 60 days after adoption. <br />(i) 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 />90 <br />