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adopts an ordinance in accordance with subdivision (a) or (c) within <br />120 days after receiving the application. Notwithstanding Section <br />65901 or 65906, every local agency shall grant a variance or special <br />use permit for the creation of a second unit if the second unit <br />complies with all of the following: <br />(A) The unit is not intended for sale and may be rented. <br />(B) The lot is zoned for single - family or multifamily use. <br />(C) The lot contains an existing single - family dwelling. <br />(D) The second unit is either attached to the existing dwelling <br />and located within the living area of the existing dwelling or <br />detached from the existing dwelling and located on the same lot as <br />the existing dwelling. <br />(E) The increased floor area of an attached second unit shall not <br />exceed 30 percent of the existing living area. <br />(F) The total area of floorspace for a detached second unit shall <br />not exceed 1,200 square feet. <br />(G) Requirements relating to height, setback, lot coverage, <br />architectural review, site plan review, fees, charges, and other <br />zoning requirements generally applicable to residential construction <br />in the zone in which the property is located. <br />(H) Local building code requirements which apply to detached <br />dwellings, as appropriate. <br />(I) Approval by the local health officer where a private sewage <br />disposal system is being used, if required. <br />(2) No other local ordinance, policy, or regulation shall be the <br />basis for the denial of a building permit or a use permit under this <br />subdivision. <br />(3) This subdivision establishes the maximum standards that local <br />agencies shall use to evaluate proposed second units on lots zoned <br />for residential use which contain an existing single - family dwelling. <br />No additional standards, other than those provided in this <br />subdivision or subdivision (a), shall be utilized or imposed, except <br />that a local agency may require an applicant for a permit issued <br />pursuant to this subdivision to be an owner- occupant. <br />(4) No changes in zoning ordinances or other ordinances or any <br />changes in the general plan shall be required to implement this <br />subdivision. Any local agency may amend its zoning ordinance or <br />general plan to incorporate the policies, procedures, or other <br />provisions applicable to the creation of second units if these <br />provisions are consistent with the limitations of this subdivision. <br />(5) A second unit which conforms to the requirements of this <br />subdivision shall not be considered to exceed the allowable density <br />for the lot upon which it is located, and shall be deemed to be a <br />residential use which is consistent with the existing general plan <br />and zoning designations for the lot. The second units shall not be <br />considered in the application of any local ordinance, policy, or <br />program to limit residential growth. <br />(c) No local agency shall adopt an ordinance which totally <br />precludes second units within single - family or multifamily zoned <br />areas unless the ordinance contains findings acknowledging that the <br />ordinance may limit housing opportunities of the region and further <br />contains findings that specific adverse impacts on the public health, <br />safety, and welfare that would result from allowing second units <br />within single - family and multifamily zoned areas justify adopting the <br />ordinance. <br />(d) A local agency may establish minimum and maximum unit size <br />P13 -2097 <br />Page 2 of 3 <br />