75A - PH ACCESSORY DWELLING UNITS

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no.rrithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances Pr special use permits, within 120 days after receiving the. application. A local agency may charge a fee to reimburse it for costs that It incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, Including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units. (4) Any existing ordinance governing the creation of accessory dwelling units by a local agency or any such ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units except as otherwise, provided In this subdivision. in the event that a local agency has an existing accessory dwelling unit ordinance that falls to meet the requirements of this subdivision, that. ordinance shall be null and void upon the effective date of the act adding this paragraph and that agendy shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the.donial of a. building permit or a use permit underthis, subdivision. (6) This subdivision establishes the maximum standards that local' agencies shall use to evaluate proposed accessory dwelling units on lots zoned for residential use that contain an existing single-family dwelling. No additl6 ial standards, ather .than those provided In this subdivision, shall be utilized or Imposed, except that a local agency may require an applicant for a permit Issued pursuant to this subdivision to, be an, owner -occupant. (7) A local agency may amend Its zoning ordinance or general plan to incorporate the policies, procedures, or, other provisions applicable to the creation of accessory dwelling_ units If these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which It is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling units shall not be considered In the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives Its first application on at, after July 1, 1983, for a permit .pursuant to this subdivision, the focal agency shall .accept the application and approver or disapprove the application ministerially without discretionary review pursuant "to subdivision (a) aA!.Nn 120,days after receiving the. applicaLio i. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling, units. No minimum or maximum size for ar accessory 'dwelling unit, or size based upon.a. percentage of the existing diwalling, shall be.ostablished by ordinance (or,elLher attached or detached dwellings that does not permit. at least an efficiency unit zto he constructed in 'compliance with local development standards. {d) fees charged for the construction of accessory dwelling units shall be. determined In accordance with Chapter 5 (commencing with Sectiori 66000). (e) This section does not limit the authority of local .agencies to adopt'less 'restrictive requirements for the. creation or accessory dwelling units, provided those requirements comply With subdivision (a). (f) Local agencies shall submit a copy of the ordinances. adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. (g) As used in this section, the following terms mean: (J) "Living area" means tilie Interior habitable area of a dwelling unit including basements and attics but does not Include,6. garage or any accessory structure. (2) "Local agency" means a city,rcounty, or city and county,, whether general lawor chartered, (3).For purposes of this section, "neighborhood" has the same meaning as set forth in Section' 65589.5. 75A-24