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storage areas or similar uses, or an accessory structure or detached from the <br />proposed or existing primary dwelling and located on the same lot as the <br />proposed or existing primary dwelling, including detached garages. <br />(iv) If there is an existing primary dwelling, the total floor area of an <br />attached accessory dwelling unit shall not exceed 50 percent of the existing <br />primary dwelling. <br />(v) The total floor area for a detached accessory dwelling unit shall not <br />exceed 1,200 square feet. <br />(vi) No passageway shall be required in conjunction with the construction <br />of an accessory dwelling unit. <br />(vii) No setback shall be required for an existing living area or accessory <br />structure or a structure constructed in the same location and to the same <br />dimensions as an existing structure that is converted to an accessory dwelling <br />unit or to a portion of an accessory dwelling unit, and a setback of no more <br />than four feet from the side and rear lot lines shall be required for an <br />accessory dwelling unit that is not converted from an existing structure or <br />a new structure constructed in the same location and to the same dimensions <br />as an existing structure. <br />(viii) Local building code requirements that apply to detached dwellings, <br />except that the construction of an accessory dwelling unit shall not constitute <br />a Group R occupancy change under the local building code, as described <br />in Section 310 of the California Building Code (Title 24 of the California <br />Code of Regulations), unless the building official or enforcement agency <br />of the local agency makes a written finding based on substantial evidence <br />in the record that the construction of the accessory dwelling unit could have <br />a specific, adverse impact on public health and safety. Nothing in this clause <br />shall be interpreted to prevent a local agency from changing the occupancy <br />code of a space that was unhabitable space or was only permitted for <br />nonresidential use and was subsequently converted for residential use <br />pursuant to this section. <br />(ix) Approval by the local health officer where a private sewage disposal <br />system is being used, if required. <br />(x) (I) Parking requirements for accessory dwelling units shall not exceed <br />one parking space per accessory dwelling unit or per bedroom, whichever <br />is less. These spaces may be provided as tandem parking on a driveway. <br />(II) Offstreet parking shall be permitted in setback areas in locations <br />determined by the local agency or through tandem parking, unless specific <br />findings are made that parking in setback areas or tandem parking is not <br />feasible based upon specific site or regional topographical or fire and life <br />safety conditions. <br />(III) This clause shall not apply to an accessory dwelling unit that is <br />described in subdivision (d). <br />(xi) When a garage, carport, or covered parking structure is demolished <br />in conjunction with the construction of an accessory dwelling unit or <br />converted to an accessory dwelling unit, the local agency shall not require <br />that those offstreet parking spaces be replaced. <br />90 <br />Ch. 752—3 —