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and Safety Code for an accessory dwelling unit described in paragraph (1) <br />or (2), a local agency, upon request of an owner of an accessory dwelling <br />unit for a delay in enforcement, shall delay enforcement of a building <br />standard, subject to compliance with Section 17980.12 of the Health and <br />Safety Code: <br />(1) The accessory dwelling unit was built before January 1, 2020. <br />(2) The accessory dwelling unit was built on or after January 1, 2020, in <br />a local jurisdiction that, at the time the accessory dwelling unit was built, <br />had a noncompliant accessory dwelling unit ordinance, but the ordinance <br />is compliant at the time the request is made. <br />SEC. 2.5. Section 65852.2 of the Government Code is amended to read: <br />65852.2. (a) (1) A local agency may, by ordinance, provide for the <br />creation of accessory dwelling units in areas zoned to allow single-family <br />or multifamily dwelling residential use. The ordinance shall do all of the <br />following: <br />(A) Designate areas within the jurisdiction of the local agency where <br />accessory dwelling units may be permitted. The designation of areas may <br />be based on the adequacy of water and sewer services and the impact of <br />accessory dwelling units on traffic flow and public safety. A local agency <br />that does not provide water or sewer services shall consult with the local <br />water or sewer service provider regarding the adequacy of water and sewer <br />services before designating an area where accessory dwelling units may be <br />permitted. <br />(B) (i) Impose objective standards on accessory dwelling units that <br />include, but are not limited to, parking, height, setback, landscape, <br />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 <br />of Historical Resources. These standards shall not include requirements on <br />minimum lot size. <br />(ii) Notwithstanding clause (i), a local agency may reduce or eliminate <br />parking requirements for any accessory dwelling unit located within its <br />jurisdiction. <br />(C) Provide that accessory dwelling units do not exceed the allowable <br />density for the lot upon which the accessory dwelling unit is located, and <br />that accessory dwelling units are a residential use that is consistent with the <br />existing general plan and zoning designation for the lot. <br />(D) Require the accessory dwelling units to comply with all of the <br />following: <br />(i) Except as provided in Section 65852.26 and paragraph (10) of this <br />subdivision, an accessory dwelling unit may be rented separate from the <br />primary residence, but shall not be sold or otherwise conveyed separate <br />from the primary residence. <br />(ii) The lot is zoned to allow single-family or multifamily dwelling <br />residential use and includes a proposed or existing dwelling. <br />(iii) The accessory dwelling unit is either attached to, or located within, <br />the proposed or existing primary dwelling, including attached garages, <br />storage areas or similar uses, or an accessory structure or detached from the <br />90 <br />—14 — Ch. 752