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<br />7E-2 <br />Page 9 <br /> <br />(A) Designate areas within the jurisdiction of the local agency where second units may be <br />pennitted. The designation of areas may be based on criteria that may include, but are not <br />limited to, the adequacy of water and sewer services and the impact of second units on traffic <br />flow. <br /> <br />(B) Impose standards on second units that include, but are not limited to, parking, height, <br />setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent <br />adverse impacts on any real property that is listed in the California Register of Historic Places. <br /> <br />(C) Provide that second units do not exceed the allowable density for the lot upon which the <br />second unit is located, and that second units are a residential use that is consistent with the <br />existing general plan and zoning designation for the lot. <br /> <br />(2) The ordinance shall not be considered in the application of any local ordinance, policy, <br />or program to limit residential growth. <br /> <br />(3) When a local agency receives its first application on or after July 1,2003, for a permit <br />pursuant to this subdivision, the application shall be considered ministerially without <br />discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local <br />ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph <br />may be construed to require a local government to adopt or amend an ordinance for the creation <br />of second units. A local agency may charge a fee to reimburse it for costs that it incurs as a <br />result of amendments to this paragraph enacted during the 2001-02 Regular Session of the <br />Legislature, including the costs of adopting or amending any ordinance that provides for the <br />creation of second units. <br /> <br />(b) (1) When a local agency which has not adopted an ordinance governing second units in <br />accordance with subdivision (a) or (c) receives its first application on or after July 1, 1983, for a <br />permit pursuant to this subdivision, the local agency shall accept the application and approve or <br />disapprove the application ministerially without discretionary review pursuant to this subdivision <br />unless it adopts an ordinance in accordance with subdivision (a) or (c) within 1 20 days after <br />receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall <br />grant a variance or special use permit for the creation of a second unit if the second unit complies <br />with all of the following: <br /> <br />(A) The unit is not intended for sale and may be rented. <br /> <br />(B) The lot is zoned for single-family or multifamily use. <br /> <br />(C) The lot contains an existing single-family dwelling. <br /> <br />(D) The second unit is either attached to the existing dwelling and located within the living <br />area of the existing dwelling or detached from the existing dwelling and located on the same lot <br />as the existing dwelling. <br /> <br />4 <br />