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f. Impact Fees Under the new law, the City is not allowed to charge impact fees for ADUs that are less than 750 square feet in size but may impose fees on larger units in proportion to the primary dwelling on a square footage basis. Staff will propose an amendment to the City's Master Fee Schedule to comply with this requirement, for approval by City Council. g. Non-conforming Zoning Conditions As a condition for ministerial approval for an ADU or JADU, the City is not permitted to require correction of non-conforming zoning conditions. For example, if an ADU does not comply with a zoning requirement such as floor-area-ratio (FAR), approval of the ADU cannot require that the square footage of the ADU be reduced to comply with the maximum permitted FAR as a condition for approval of the ADU. h. Fire Sprinklers If not required for the primary residence, fire sprinklers may not be required for an ADU. DISCUSSION: CONSIDERATIONS FOR PLEASANTON The requirements of state law apply uniformly throughout Pleasanton. Below is a discussion of the application of state law in several key areas that staff feels may be of particular interest to the Planning Commission or on which staff is seeking input from the Commission. These include: Planned Unit Developments; objective standards for second story ADUs in single- family and multifamily developments and above a detached garage; and the appearance of garage conversions. Planned Unit Developments Many areas of Pleasanton are zoned Planned Unit Development, or PUD. One of the purposes of the PUD zoning district is to allow for customized development standards for properties, particularly those that may have unique circumstances. For example, some of the PUDs in the areas west of Foothill Road have prescribed building envelopes or development areas. Development outside of these areas is typically prohibited to preserve natural open space and view corridors, maintain large separation between homes, and reduce the area of hillsides that are graded. In some instances, building envelopes are defined to avoid areas of unstable slopes or sensitive resources. With the new legislation, however, the requirements established by project-specific PUDs are generally preempted. For example, a homeowner may propose a detached ADU four feet from the property line, even if the ADU is outside the graded building envelope. Notwithstanding this general preemption, if the detached ADU is greater than 16 feet in height or greater than 800 square feet, the City may enforce the requirements of the PUD; that is, in the example above, the City may require that the ADU be constructed within the approved graded building envelope. Other Locally-Adopted Ordinances The City maintains the ability to enforce certain locally-adopted laws. For example, state law allows local jurisdictions to limit locations of ADUs based on public health and safety issues: e.g., if the ADU is proposed within a fault line or geologically-unstable area, or a protected creek setback, the City could make public health and safety findings in order to require the ADU to be constructed outside of those areas. Similarly, staff believes the City may enforce its Heritage Tree Ordinance, if the proposed ADU would require removal of a tree or otherwise threaten the health of the tree, staff may deny the application or require the ADU to be relocated to not threaten the tree. P20-0412, Accessory Dwelling Units Planning Commission 9 of 13 y 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