PC 111319 - Laserfiche WebLink

Chair Allen inquired about the appellant's concern related to parking. She recognized ADU parking is different from standard parking and asked Ms. Soo to clarify if it meets the PMC. Ms. Soo responded the appellant indicated the applicant always parks in front of the driveway and the applicant clarified this was due to having visitors. She explained the PMC requires the City be flexible when determining ADU parking. Parking for the ADU is allowed in the driveway and meets the ADU requirement for one parking space. Chair Allen inquired about the stairs and asked if the PMC has any restrictions or clarification about where stairs should be located on ADUs. Ms. Harryman responded that it is not something addressed by the PMC or state law. The new legislation only requires four-foot setbacks; and if someone were to convert their garage into an ADU, no replacement parking would be required. Commissioner Balch asked and confirmed that the setbacks are superseded by the PUD and state laws will also remove many local controls relating to ADUs. Commissioner Ritter asked and confirmed that if the application was submitted after January 2020 it would not have come before the Planning Commission and more liberal conditions may have been allowed. Acting Director of Community Development Brian Dolan stated that when the PMC is changed as a result of the new laws, these types of projects will not come before Planning Commission for review and will be a ministerial review. Commissioner Ritter inquired about the current setbacks and confirmed with Ms. Soo they do not violate the current PMC. Commissioner Brown inquired whether this project has been reviewed by the Fire Department. Mr. Dolan responded that compliance with the Fire Code will be triggered when the applicant applies for a building permit. Commissioner Brown commented that the Commission read the applicant's letter and counterarguments against staff's recommendations and this was why he had clarifying questions. Commissioner Ritter said based upon new state laws for ADUs, he made a motion to deny the appeal. Commissioner Balch seconded the motion, however, he had comments. Commissioner Balch commented that neighborhood issues are difficult and appreciates the respect by both parties. He supported denial of the appeal and believes the applicant has taken actions to address concerns with the sun, screening, the stairs and setbacks. Commissioner O'Connor reiterated changes coming in January 2020 where things could have been more intrusive for the ADU. Planning Commission Minutes Page 5 of 12 November 13, 2019 wall is not fireproof and he believes it cannot be used as a fire escape. He continued to say it creates bulk and mass and is less than 10 feet from his home. He then quoted the Pleasanton Municipal Code (PMC): (1) "Fence, walls and hedges greater than six feet but not over eight feet in height may occupy a required site or rear yard" and he stated the screen wall is 20 feet high; (2) "All additions to main structure which exceed 10 feet in height shall be Planning Commission Minutes Page 3 of 12 November 13, 2019