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17
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2021
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011921
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/19/2021
DESTRUCT DATE
15Y
DOCUMENT NO
17
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17 ATTACHMENT 1
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\CITY CLERK\AGENDA PACKETS\2021\011921
17 ATTACHMENT 2
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17 ATTACHMENTS 4-6
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them of the application for an ADU. However, in accordance with state law, the <br /> surrounding neighbors or any other member of public is not allowed to request a <br /> hearing since the ADU must be approved without discretionary review. <br /> • Owner Occupancy: The City has received public comment regarding owner- <br /> occupancy requirements for ADUs constructed prior to 2020 (state law prohibits <br /> local jurisdictions from imposing owner-occupancy requirements for ADUs <br /> approved between 2020 and 2025). This was also a point of discussion between <br /> the Planning Commission at the June 24 and July 8 meetings: the Planning <br /> Commission directed staff to modify the PMC such that owner-occupancy for <br /> either the ADU or the primary residence would not be required, regardless of <br /> when the ADU was approved. This means that all ADUs do not have an owner- <br /> occupancy requirement, even those approved before 2020. Therefore, this <br /> change has been implemented to the draft PMC amendments and would apply <br /> retroactively to properties for which owner-occupancy has previously been <br /> required, as well as to new approvals. Owner-occupancy between the primary <br /> residence and a JADU, if proposed, is still required. For both an ADU and JADU, <br /> the rental period is required to be longer than 30 days. <br /> Secondly, existing language in the PMC indicates a property owner can rent both <br /> the primary residence and the ADU to a single party; this text is proposed to be <br /> deleted.2 With this deletion, the primary residence and the ADU could be rented <br /> to a single tenant or each could be rented to two different tenants, as long as the <br /> rental periods are longer than 30 days. <br /> Also, as drafted, the PMC also removes the requirement for a deed restriction for <br /> both ADUs and JADUs. The deed restriction was to serve as documentation <br /> regarding the ADU to future buyers of a property with an ADU, but the usefulness <br /> of the deed restriction has been called into question by members of the public <br /> that are interested in removing owner-occupancy requirement for all ADUs. Since <br /> the deed restriction language refers property owners to enforceable provisions <br /> contained within the PMC, and there are no provisions of the deed restriction that <br /> are not reflected in the PMC, having a recorded deed restriction appears to be an <br /> unnecessary requirement. <br /> And finally, in response to public comment submitted in course for the October <br /> 28 Planning Commission meeting, upon request by a property owner, staff would <br /> provide a pre-drafted legal document that would extinguish an existing deed <br /> restriction from the property's title and facilitate recordation of such document. <br /> • Parking: The state law carries over a number of provisions from prior ADU <br /> legislation, including that only one parking space for an ADU is required, and that <br /> parking for a new ADU is not required at all, if the ADU is: <br /> 2 The PMC will continue to include the provision that the owner of a property with a JADU may rent both the <br /> primary unit and the JADU to a single party. <br /> Page 4 of 10 <br />
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