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. ordinances to govern the approval process for second units, but no local jurisdiction is given the authority to prohibit completely the construction of second units. The State Government Code reauires local jurisdictions which do not adopt their own second unit ordinances to grant a conditional use permit for the creation of a second unit if the second unit complies with a Slate-mandated list of nine requirements, (please refer to Exhibit B, attached, for the complete wording of the State Government Code for second units), including the following one: .Any construction shall corlform to height, setback, lot coverage, architeauru1 review, sire plan review, fees, charges, and other zoning requirements generally applicob1e to residential construction in the zone in which the property is located.. {Seaiort 65852.2 (b) (7)] That portion of Section 65852.2 (b) which Mr. Raber feels justifies his request to place the second unit outside of the building envelope ("No local ordinance, policy or regulation shall be the basis for denial of a building permit or use permit... .), occurs after the list of Dine conditions with which every second unit must comply in order for a jurisdiction to be able to approve it. ii... City Ordinance The City of Pleasanton has not adopted its own ordinance to govern the construction or approval of second units. Therefore, the City utilizes the conditional use permit process afforded to it by the State Government Code to review and approve second units, whether attached or detached to the main structure. As part of the review process, staff and the Planning Commission evaluate the proposed unit to ensure that the unit is architectuI3l1y compatible with the existing structure and the surrounding properties, that parking for the second unit is provided, and to ensure that (as with any other addition to a home or accessory structure), adjacent neighbors would not be unduly impacted by the locatioo of windows or the additional parking space required for the second unit. In accordance with State law, the City often applies a standard set of "second unit" conditions of approval, such as requiring that the property owner live in at least one of the units. All second units attached to an existing residence or constructed as part of a new residence must meet all zoning requirements for main structures in that zoning district. For enmple, a second unit to be attached to an existing single-family home in the R-I-6,500 zoning district must meet all the same setback, height, floor area ratio, parking provisions and other requirements of that zoning district which would apply normally to the main structure.. The City views detached second units as a combination of an accessory structure and a main structure, since the second unit generally is subordinate to the main residence but fwx:tions as a residence, rather than an ancillary use such as a garden shed or pool house. 1berefore, the City routinely has required that detached second units meet the height restrictions of -3-