CCMIN 11162021 - Laserfiche WebLink

In response to Councilmember Narum, Director Clark reported staff has reviewed the public comment about the City's height and depth standards not meeting SB 9 requirements. SB 9 allows the City to apply objective design standards and objective subdivision standards while complying with the Subdivision Map Act. A suitable area for development has to be allowed. She stated staff believes the 30x40 foot minimum lot area is a defensible objective standard. In response to Councilmember Narum, Director Clark confirmed the second story distances of 17 and 20 feet depending on the height of the neighbor's house is simply how the code is currently written. In response to Councilmember Testa, Director Clark clarified staff is recommending if the Council wishes to discuss an affordability restriction there is enough complexity and nuance to the subject they could not resolve it tonight. In response to Mayor Brown, Director Clark confirmed they can approve the item tonight and discuss an affordability component in the future. In response to Councilmember Testa, Director Clark stated the legislation unambiguously states the residency component starts at the date of the lot split. She stated the City cannot apply a different time threshold for the avadavat period. In response to Councilmember Arkin, Director Clark clarified staff looked at the current fee schedule, considered the scope of review for similar applications, and set a proposed fee schedule accordingly. Councilmember Arkin stated she is also in favor of having the affordability argument return to the Council. In response to Councilmember Arkin, Director Clark stated having an environmental preservation component to SB 9 units is a CAP 2.0 implementation matter and something best discussed at a later date. In response to Mayor Brown, Director Clark confirmed that with a lot split there would still be impact fees for up to all four units. In response to Councilmember Testa, Director Clark clarified the State law limits the fees which can be charged if one of the units is an ADU. She clarified the 800 square foot standard is relative to the SB 9 units and the City can charge the full set of fees on those units. She confirmed there would also be fee restrictions on a JADU. In response to Councilmember Testa, Director Clark confirmed the City is planning to send out advisory letters to all single-family HOAs about the new laws and advise them they can impose restrictions if they so choose. It is too soon to know if there will be clean-up laws to come following SB 9 but noted it has been the State's trend with ADU laws and other comparable ones. Mayor Brown opened the public hearing Becky Dennis congratulated City Manager Fialho on his retirement. She expressed her intrigue at how the unavoidable changes stemming from SB 9 lot splits can help the City generate affordable housing. She noted smaller units could help offset carbon emissions on the larger units. She added the ADUs could help house Pleasanton employees. She added all new developments should have a net -zero emissions plan and noted most of the City's greenhouse gasses are created by people commuting to the City for jobs when they cannot afford to live in Pleasanton. She noted the market has never succeeded in providing affordable housing in the City. City Council Minutes Page 17 of 19 November 16, 2021