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development (both attached and detached ADUs); standards applicable to ADUs within multifamily developments; standards applicable to Junior ADUs; and then outlines a series of generally-applicable requirements that would apply for all types of ADU. 1. Key Concepts in new ADU laws Major concepts that inform the structure and content of the proposed PMC amendments include: a. Minimum ADU Standards A key concept in the new state law is that of "Minimum ADU Standards," which are the minimum size, heights and setbacks that local ordinances must allow for, including a size of at least 800 square feet; side and rear setbacks of four feet; and a height of at least 16 feet. Staff interprets this provision of state law to mean that an accessory dwelling unit that does not meet any one of the Minimum ADU Standards (i.e. is larger than 800 square feet, taller than 16 feet, or proposes less than four foot setbacks) must, with some limited exceptions', then also comply with applicable development regulations established by the PMC, and the zoning district or planned unit development in which the property is located (e.g. floor area ratio maximums, minimum open space requirements, setbacks, etc.) This concept is reflected in the various regulations outlined below. b. Application of Standards by Use, versus Zoning District While state law makes mention of zoning districts that allow single-family or multifamily residential dwelling uses, the majority of the law is structured to rely on the existing use of the property to determine which standards are to be applied (i.e. regardless of zone, interpretation of the ADU regulations are based on whether a property contains single-family or multifamily development).2 Therefore, staff proposes definitions to distinguish between single-family and multifamily development, and apply regulations accordingly (with some limited exceptions) instead of identifying standards by zoning districts.3 Please see section titled, Defining Single-Family and Multifamily Development in this report for further discussion on this topic. c. Objective Standards The City's current regulations make ADUs subject to the same design review standards and procedures as other types of development. The new state law makes it clear that any form of discretionary review for ADUs is disallowed, including processes such as design review, and preclude application of anything other than strictly objective standards and ministerial approval procedures. With this limitation, and while recognizing the high value placed in Pleasanton on ' State law provides that if the ADU is: (1) the result of the conversion of existing living space or an existing accessory structure; or (2) the result of removing and replacing a structure of the same footprint, the existing non- conforming setback(s) may be retained. 2 It should be noted that, for the most part, existing land use correlates closely with zoning — Single-family zoning districts predominantly contain single-family developments and multifamily zoning districts contain multifamily developments of various types. However, this is not universally true in Pleasanton, particularly in multifamily residential districts, where a range of housing types, from apartments, to townhomes and compact/small-lot detached single-family residences are often found. 3 In Pleasanton, the PMC sections for single-family and multifamily districts identify ADU and JADUs as permitted uses; single-family districts include the R-1 and A districts; multifamily zoning districts include the RM and MU districts. The Central-Commercial (C-C) District also allows multifamily dwellings and thus in accordance with the new state law, must now also allow ADUs; JADUs would be allowed in existing single-family dwellings. P20-0412, Accessory Dwelling Units Planning Commission 3 of 13