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Downtown Commercial and High Density Residential; introduce and waive first reading of Ordinance No. 2135 approving a Planned Unit Development (PUD) and with the addition that Condition 10 in the be amended to note that in-lieu fees will be charged for 3 parking spaces. Motion passed by the following vote: Ayes: Councilmembers Narum, Olson, Pentin, Mayor Thorne Noes: Brown • Absent: None 19. Consider adoption of the Pleasanton Downtown Association's recommendations regarding Smoking Restrictions for Events in the Downtown with related ordinance amending Municipal Code sections 9.24.040 and 13.08.190, and consider amending City Council Work Plan Priorities to include a Study of Smoking Restrictions in Multifamily Rental Housing Assistant City Attorney Larissa Seto presented the staff report and stated that staff was directed to review various policies, regulations, and work with the Pleasanton Downtown Association (PDA) regarding smoking restrictions in the Downtown area. In addition, staff was directed to review potential smoking restrictions in multifamily rentals and in single-family residential neighborhoods. Staff met with the PDA to discuss potential smoking prohibitions for special events and street closures. It was noted that various activities in the Downtown area are currently non-smoking, including the Farmer's Market and certain City-sponsored events. Staff noted that the Conditional Use Permits for conditioned events could include an administrative amendment to allow or prohibit smoking, based upon the permit applicant's request. Staff also reviewed current non-smoking policies implemented in surrounding cities such as Livermore and Walnut Creek. Some cities have a "blanket ban" which requires certain blocks to be non-smoking. These policies also included signage in the designated areas, as well as procedures for administrative citations. The PDA Board supported individual permit holders and event holders to determine whether their events would be non-smoking and did not forward a recommendation regarding a "blanket ban." Council could adopt the PDA's recommendation by introducing an Ordinance that would establish a process by which permit holders could elect to prohibit smoking or not. Staff reviewed policies regarding restricting smoking in multifamily rental housing. Other communities' policies were outlined. Danville applies a no-smoking policy to projects that have three (3) or more units; however, owners could designate smoking areas in the development. The same restriction applies in Dublin for new projects of sixteen (16) or more units. Livermore has no restrictions. San Ramon allows projects with two (2) or more units to restrict smoking. Walnut Creek restricts smoking in certain openings within developments with two (2) or more units. Staff reviewed various issues related to these policies including the threshold number of units, rental versus ownership multifamily residences, common areas, private areas, signage, rental agreement disclosures, timing and enforcement of the non-smoking provisions. Council could direct staff to add the review and development of policies restricting smoking in multifamily residential buildings to the upcoming Work Plan priorities. This could also include speaking to staff in other communities, consulting with the various Commissions, the Chamber of Commerce and other rental property associations. Staff could bring back recommendations for the Council's review by the end of the summer. Regarding smoking prohibitions in single-family residential neighborhoods, the City of Pleasanton does not have these types of restrictions. The cities of Danville, Livermore, and Walnut Creek also City Council Minutes Page 7 of 15 December 15, 2015