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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/1/2022
DESTRUCT DATE
15Y
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protection adopted by voters. She noted this is an opt-in bill so the City Council would have to choose <br /> to move forward with adoption to enact it. <br /> SB 478 by Senator Weiner intends to relax development standards to facilitate more housing <br /> production, especially small multi-family projects. She advised it states that the City cannot impose a <br /> floor area ratio (FAR) standard less than 1.0 for housing development projects of 3 to 7 units or FAR <br /> less than 1.25 on housing development projects of 8 to 10 units within mixed-use or multi-family zones. <br /> It also prevents the City from using lot coverage as a way to preclude a housing development project <br /> from achieving FAR requirements of the law. She advised the FAR limitations in the bill are quite a bit <br /> higher than the City's current multi-family FAR ratios and would be more of an impact for some of the <br /> multi-family residential zoning districts. <br /> Assistant to the City Manager Hopkins reported the State legislative calendar for 2022 has been <br /> released and the State Legislature will reconvene on January 3, 2022. February 18, 2022 is the last day <br /> for bills to be introduced with the last day for each House to pass bills being August 31, 2022. She <br /> anticipates a continued focus on housing legislation, COVID-19 recovery, climate-related issues, <br /> especially water, drought, and energy, and transportation. The City will continue to work with the TVC, <br /> Townsend Public Affairs, and the League of California Cities for the next legislative session and be <br /> prepared to continue moving forward with Pleasanton's advocacy efforts. <br /> Mayor Brown opened public comment. There being no speakers, public comment was closed. <br /> Councilmember Testa reported she was recently in a meeting with Senator Mike McGuire regarding SB <br /> 9 and SB 10 and noted he believes both the Senate and Assembly will be advancing SB-like bills in the <br /> coming months. <br /> In response to Councilmember Testa, Director Clark explained SB 9 will allow the City to apply owner- <br /> occupancy requirements staff is looking to include those in the local ordinance. She confirmed the <br /> current draft of the ordinance does not include a deed restriction requirement and noted there is some <br /> complexity when you start to think about how it would play out. The City typically exempts smaller <br /> projects from its affordable housing inclusionary requirement. Staff could look at doing something <br /> different but there would be some practical considerations to think about and work through. She <br /> confirmed these projects are subject to the City's in-lieu housing fees so it would be required to <br /> contribute towards affordable housing production. <br /> Councilmember Testa requested staff explore those options. Director Clark explained unlike Accessory <br /> Dwelling Units (ADUs) the State has not set any limits on the fees that can be applied to SB 9 units. <br /> She expects to be able to charge the same range of fees that are charged to any single-family <br /> development in terms of water, sewer, traffic, and affordable housing. <br /> In response to Councilmember Testa, Director Clark advised the ordinance staff proposes to bring <br /> forward incorporates reference to the historic survey that was completed in 2015 that identifies a list of <br /> historic properties and to define those in the same manner as a locally designated historic resource <br /> which would be exempt from SB 9. An official determination from the State is needed if the units can be <br /> counted in the current RHNA cycle. She confirmed they can be counted in the Annual Planning Report. <br /> In response to Councilmember Testa, Director Clark advised the State can tighten the HOA exemption <br /> as it sees fit. She advised staff intends to send a letter to all of the City's HOA contacts to notify them of <br /> this bill so they can take action. She noted she is unsure how many existing CC&Rs might preclude SB <br /> 9 units and believes it will depend on the by-laws to make that determination. <br /> In response to Councilmember Arkin, Director Clark advised AB 602 could affect any impact fee such <br /> as the City's Inclusionary Housing Fee should the City want to increase those fees. She explained the <br /> City Council Minutes Page 8 of 19 November 2, 2021 <br />
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