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City of Pleasanton
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CITY CLERK
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2017
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041817
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/18/2017
DESTRUCT DATE
15Y
DOCUMENT NO
16
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abled and/or aging homeowners to stay in their neighborhoods and homes. Other benefits <br /> include providing a source of affordable housing, while maintaining the character of single-family <br /> neighborhoods, and providing a source of rental income to offset the cost of buying or owning a <br /> home. <br /> Unlike a duplex, an ADU is subordinate to the single-family dwelling in both function and design. <br /> An ADU may be completely within an existing single-family home, but doesn't have to be; a <br /> Junior Accessory Dwelling Unit/JADU must be completely within the walls of an existing single- <br /> family dwelling (i.e. bedroom) and has an entrance into the unit from inside the main dwelling <br /> and an entrance to the outside from the JADU. ADUs and JADUs are incidental to the primary <br /> dwelling and cannot be subdivided or sold separately. <br /> California Government Code Section 65852.2 (included in Exhibit B) provides for the <br /> development of ADUs and JADUs and establishes standards that local agencies can use in <br /> evaluating proposed accessory dwelling units. <br /> DISCUSSION <br /> SB 1069 and AB 2299 modify a jurisdiction's ability to regulate ADUs and AB 2406 allows <br /> jurisdictions the option to adopt JADU standards. As of January 1, 2017, unless a local <br /> jurisdiction adopts an ADU ordinance consistent with the new provisions in the Government <br /> Code, the local jurisdiction must comply with the new State standards without modification. By <br /> adopting ADU and JADU regulations for Pleasanton, the City is taking the opportunity to impose <br /> and/or offer flexibility to certain development review criteria. Specifically, parking, height, <br /> setbacks, floor area ratio (FAR), landscape, architectural review, and the maximum size of a unit <br /> are all permitted to be regulated by a local jurisdiction (see below for more detail). <br /> State Regulations for ADUs <br /> Below is a summary of the State's modified regulations and requirements contained in <br /> Government Code section 66582.2 for ADUs and the City's obligations for adhering to those <br /> regulations: <br /> City Regulation Limitations <br /> • The City must approve or deny ADUs through a ministerial process within 120 days of <br /> receiving a complete application for an ADU. Ministerial approvals of ADU applications <br /> are exempt from CEQA. <br /> • An ADU is an accessory use for the purposes of calculating allowable density under the <br /> General Plan and zoning district. However, if the addition of an ADU would exceed the <br /> maximum floor area ratio allowed for the lot, then the ADU would not be permitted. <br /> • The City can continue to require one of the units to be owner occupied and may prohibit <br /> short-term rentals (less than 30 days). <br /> • The City cannot require ADUs to provide fire sprinklers if fire sprinklers are not already <br /> required/installed for the existing primary residence or converted structure. <br /> • The City cannot impose requirements beyond those specified in State law. <br /> P16-1900, Accessory Dwelling Units Planning Commission <br /> Page 2 of 8 <br />
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