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City of Pleasanton
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CITY CLERK
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2015
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12/9/2015 12:10:05 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/15/2015
DESTRUCT DATE
15Y
DOCUMENT NO
19
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Multifamily Rental Housing Smoking Restrictions. At the Council's September 1St <br /> meeting, there was majority interest in staff returning with information about multifamily <br /> rental housing smoking restrictions in other communities, and a proposal to study such <br /> restrictions for Pleasanton. <br /> Staff has done an initial review of such multifamily housing smoking restrictions in other <br /> communities, with the results as follows: <br /> • Danville adopted an ordinance in Nov. 2015 banning smoking (including medical <br /> marijuana and e-cigarettes) in multifamily residential projects with three or more <br /> units, including townhouses, condominiums and apartments. The ordinance <br /> allows owners to decide if they want smoking areas in their projects. <br /> • Dublin has since 2008, and as amended in 2011 , required that by 2013 at least <br /> 75% of multiunit residences (defined as project containing 16 or more units for <br /> rent) be non-smoking units and be grouped together. <br /> • Livermore has no provisions in its municipal code, nor other policies, restricting <br /> smoking in multifamily (rental) residences. <br /> o San Ramon adopted an ordinance in 2013 regulating smoking in multi-family <br /> housing developments with two or more units, including duplexes, triplexes, <br /> fourplexes, apartments, townhomes and condo minimums. San Ramon's <br /> smoking prohibition has significant exceptions by owners / managers of <br /> multifamily housing units to still decide whether to allow smoking inside of a unit, <br /> and outside with limits, as follows (emphasis added): <br /> B6-74. — Exemptions. <br /> The prohibition in Section B6-73A against smoking shall not apply to the <br /> following: ... <br /> B. Smoking inside a multi-family housing unit and in an unenclosed area <br /> designated for smoking by the owner or person/entity in control of the <br /> property but not on patios or balconies accessed from an individual unit <br /> or in common areas open to public access or to unrestricted common <br /> areas such as hallways. The unenclosed designated smoking area must <br /> be at least twenty-five feet from any individual unit and at least twenty- <br /> five feet from unenclosed areas used by children or for physical activity <br /> such as swimming or tennis. It must have a clearly marked perimeter <br /> and be identified by conspicuous signs. <br /> • Walnut Creek adopted an ordinance in 2013 providing that those who live in <br /> multi-family residences (two or more units), including apartments, condos and <br /> townhomes, are not allowed to smoke tobacco inside their units, nor in the <br /> unenclosed common areas outside of their residences (unless in a designated <br /> smoking area located at least 25 feet from where smoking is prohibited). <br /> Page 5 of 8 <br />
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