75A - PH ACCESSORY DWELLING UNITS

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(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivislcin (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (I) Th'e, accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of theexisting primary residence or -an existing accessory.structure. (4) When ori -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) when there is a car share vehicle located wKininone block of the accessory. dwelling unit. (e), Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create Within a single-family residential zone one,accessory dwelling unit per single-family lot if the unit Is contained writhin the existing space .pf a single-family residence or accessory structures has Independent exterior access from the existing residence, and the side and 'rear setbacks are sufficient for fire. safety. Accessory dwelling units shall not be teg6lreci to provide fire sprinklers If they are not roquired for the primary residence, (f) (t) Fees charged for the construction of accessory dwrelling units shall be determined in accordance with Chapter 5,(commencing with Section 66o00).and.Chapter 7 (commencing WIth Section 66012),, (2) Accessory :dwelling units shall not be coZ nsidered new residential uses for the purposes. of calculating. local agency connection fees or, capacity charges for utilities Including Vtaterand seyicrservice. (A) For an accessory dwelling unit described in subdi4lsion (e), a local agency shall not require the applicant, to Install a new or separate. utility connection directly between the accessory dwelling unit and the utility o[ impose a related connection fee orCapacitycharge, (B) For an accessory dwelling unit that Is not described in subdivision '(e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent witb'.Sectlon 66013, the connection may be subject to a connection fee or rapacity charge that shall be proportionate to. the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the watef or sesver,systern. This fee or charge shall not exceed the reasonable cost of providing this service. :(g) This section does not limit the authority of ,local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to'the Department of Housing and Community Development within 60 days after adoption: (i) As used in this section, the following terms mean. (1) "Living.area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county; or city and county, whether r general law or;cha iteired. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589':5. (4) "Accessory dwelling unit" means an attached Ora detached residential dwelling unit which provides'eamplete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includestile following: (A) An efficiency unit, as defined In Section 17958;1 of Health and Safety Code. (B) A manufactured home, as defined in'Section 18067 of the Health and safety Code. (5) "Passageway' means, -a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwielling unit. 75A-27