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AGENDA FULL PACKET
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AGENDA FULL PACKET
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/12/2025
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P25-0026, ADU PMC Amendments Planning Commission <br />4 of 5 <br />Attachment 1 to Exhibit A of this agenda report includes the revised text to Chapter 18.106 of <br />the PMC, which adds Section 18.106.080, in conformance with the above requirements. <br /> <br />Separate Conveyance of ADUs <br />Since AB 1033 was adopted, very few jurisdictions have adopted an ordinance allowing the <br />separate conveyance of ADUs. In staff’s research, San José is the first and only Bay Area <br />jurisdiction to do so. Other jurisdictions have provided discussion of the new law to their <br />decision-making bodies, but in most cases, have suggested deferring development of local <br />regulations, pending being able to gauge interest from the development community and to <br />benefit from the experience of other jurisdictions in developing and implementing an ordinance. <br /> <br />The San José “ADU Condominium” ordinance, adopted on June 11, 2024 , is attached to this <br />report as Exhibit C and demonstrates the complexity of the process . To date, San José has <br />received one application for ADU Condominium conversion. As can be seen in the ordinance, <br />the requirements are lengthy and complex since they need to ensure that the separate <br />conveyance includes adequate provisions for management and maintenance of common <br />areas, including lienholder consent and the formation of an HOA for the primary unit and ADU. <br /> <br />No jurisdictions similar to Pleasanton (i.e. with a large number of planned unit developments <br />and active HOAs) have adopted an ordinance to permit separate conveyance. As was <br />discussed in the September 11 Agenda Report, many residential neighborhoods in Pleasanton <br />are part of a Planned Unit Development and subject to an HOA and its CC&Rs. Staff believes <br />allowing separate conveyance for properties with existing HOAs could raise complex questions <br />about how dues would be assessed, and how ADU subdivisions would interface with existing <br />CC&Rs and property maintenance and easement agreements. <br /> <br />Given these complexities, prevalence of HOAs in Pleasanton, unknown level of interest among <br />property owners in separate conveyance, and added administration for both staff and existing <br />HOAs to allow separate conveyance of the principal unit, staff does not recommend dedicating <br />limited staff resources to developing a local ordinance to allow separate conveyance at this <br />time. If there proves to be substantial property owner interest, and the opportunity to learn <br />from the experience of other similar communities, adopting such an ordinance may be <br />appropriate in the future. <br /> <br />PUBLIC NOTICE AND COMMENTS <br />Notification of this code amendment has been published in The Valley Times as an upcoming <br />agenda item for the February 12, 2025, Planning Commission meeting. At the time this report <br />was prepared, staff had not received comments regarding the proposed code amendment. <br /> <br />ENVIRONMENTAL ASSESSMENT <br />The proposed code amendments are statutorily exempt from the provisions of the California <br />Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and <br />CEQA Guidelines Section 15282(h) in that CEQA does not apply to the adoption of an <br />ordinance implementing state ADU law. The proposed amendments are also statutorily exempt <br />pursuant to CEQA Guidelines Section 15268, in that the amendments are necessary to <br />conform to and implement the ministerial approval processes mandated by State law . The <br />amendments are further exempt pursuant to CEQA Guidelines Section 15061(b)(3) in that <br />there is no possibility the activity will have a significant effect on the environment. <br />
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