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dimensions of the existing accessory structure shall be limited to <br />accommodating ingress and egress. <br />(ii) The space has exterior access from the proposed or existing <br />single-family dwelling. <br />(iii) The side and rear setbacks are sufficient for fire and safety. <br />(iv) The junior accessory dwelling unit complies with the requirements <br />of Section 65852.22. <br />(B) One detached, new construction, accessory dwelling unit that does <br />not exceed four-foot side and rear yard setbacks for a lot with a proposed <br />or existing single-family dwelling. The accessory dwelling unit may be <br />combined with a junior accessory dwelling unit described in subparagraph <br />(A).A local agency may impose the following conditions on the accessory <br />dwelling unit: <br />(i) A total floor area limitation of not more than 800 square feet. <br />(ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, <br />of subparagraph (D) of paragraph (2) of subdivision (c). <br />(C) (i) Multiple accessory dwelling units within the portions of existing <br />multifamily dwelling structures that are not used as livable space, including, <br />but not limited to, storage rooms, boiler rooms, passageways, attics, <br />basements, or garages, if each unit complies with state building standards <br />for dwellings. <br />(ii) A local agency shall allow at least one accessory dwelling unit within <br />an existing multifamily dwelling and shall allow up to 25 percent of the <br />existing multifamily dwelling units. <br />(D) (i) Not more than two accessory dwelling units that are located on <br />a lot that has an existing or proposed multifamily dwelling, but are detached <br />from that multifamily dwelling and are subject to a height limitation in <br />clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) <br />of subdivision (c) and rear yard and side setbacks of no more than four feet. <br />(ii) If the existing multifamily dwelling has a rear or side setback of less <br />than four feet, the local agency shall not require any modification of the <br />existing multifamily dwelling as a condition of approving the application <br />to construct an accessory dwelling unit that satisfies the requirements of <br />this subparagraph. <br />(2) A local agency shall not require, as a condition for ministerial approval <br />of a permit application for the creation of an accessory dwelling unit or a <br />junior accessory dwelling unit, the correction of nonconforming zoning <br />conditions. <br />(3) The installation of fire sprinklers shall not be required in an accessory <br />dwelling unit if sprinklers are not required for the primary residence. The <br />construction of an accessory dwelling unit shall not trigger a requirement <br />for fire sprinklers to be installed in the existing multifamily dwelling. <br />(4) A local agency may require owner-occupancy for either the primary <br />dwelling or the accessory dwelling unit on a single-family lot, subject to <br />the requirements of paragraph (8) of subdivision (a). <br />(5) A local agency shall require that a rental of the accessory dwelling <br />unit created pursuant to this subdivision be for a term longer than 30 days. <br />90 <br />—10 — Ch. 752