Laserfiche WebLink
provisions for the approval of accessory dwelling units and shall not include <br />any discretionary processes, provisions, or requirements for those units, <br />except as otherwise provided in this subdivision. If a local agency has an <br />existing accessory dwelling unit ordinance that fails to meet the requirements <br />of this subdivision, that ordinance shall be null and void and that agency <br />shall thereafter apply the standards established in this subdivision for the <br />approval of accessory dwelling units, unless and until the agency adopts an <br />ordinance that complies with this section. <br />(7) No other local ordinance, policy, or regulation shall be the basis for <br />the delay or denial of a building permit or a use permit under this subdivision. <br />(8) (A) This subdivision establishes the maximum standards that local <br />agencies shall use to evaluate a proposed accessory dwelling unit on a lot <br />that includes a proposed or existing single-family dwelling. No additional <br />standards, other than those provided in this subdivision, shall be used or <br />imposed, except that, subject to subparagraphs (B) and (C), a local agency <br />may require an applicant for a permit issued pursuant to this subdivision to <br />be an owner-occupant. <br />(B) (i) Notwithstanding subparagraph (A), a local agency shall not <br />impose an owner-occupant requirement on an accessory dwelling unit before <br />January 1, 2025. <br />(ii) Notwithstanding subparagraph (A), a local agency shall not impose <br />an owner-occupant requirement on an accessory dwelling unit that was <br />permitted between January 1, 2020, and January 1, 2025. <br />(C) Notwithstanding subparagraphs (A) and (B), a local agency may <br />require that an accessory dwelling unit be used for rentals of terms longer <br />than 30 days. <br />(9) A local agency may amend its zoning ordinance or general plan to <br />incorporate the policies, procedures, or other provisions applicable to the <br />creation of an accessory dwelling unit if these provisions are consistent with <br />the limitations of this subdivision. <br />(10) In addition to the requirement that a local agency allow the separate <br />sale or conveyance of an accessory dwelling unit pursuant to Section <br />65852.26, a local agency may also adopt a local ordinance to allow the <br />separate conveyance of the primary dwelling unit and accessory dwelling <br />unit or units as condominiums. Any such ordinance shall include all of the <br />following requirements: <br />(A) The condominiums shall be created pursuant to the Davis-Stirling <br />Common Interest DevelopmentAct (Part 5 (commencing with Section 4000) <br />of Division 4 of the Civil Code). <br />(B) The condominiums shall be created in conformance with all applicable <br />objective requirements of the Subdivision Map Act (Division 2 (commencing <br />with Section 66410)) and all objective requirements of a local subdivision <br />ordinance. <br />(C) Before recordation of the condominium plan, a safety inspection of <br />the accessory dwelling unit shall be conducted as evidenced either through <br />a certificate of occupancy from the local agency or a housing quality <br />90 <br />Ch. 752—5 —