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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 93-150 <br /> <br /> RESOLUTION CONFIRMING THAT SECONDARY UNITSARE <br /> TO BE CONSTRUCTED WITHIN THE "BUILDING <br /> ENVELOPE" ESTABLISHED BY THE PUD ZONING FOR <br /> THE DEER OAKS S~BDIVISION <br /> <br />WHEREAS, in 1982, the City Council approved Planned Unit <br /> Development (PUD) 82-13 for Deer Oaks, a 23-1ot <br /> subdivision on a 48 acre hillside site; and <br /> <br />WHEREAS, the PUD included designated building envelopes for each <br /> lot and further provides that no structure shall be <br /> constructed outside the building envelope; and <br /> <br />WHEREAS, Samuel Raber, a property owner within the Deer Oaks <br /> subdivision, wants to apply to construct a secondary unit <br /> outside the building envelope; and <br /> <br />WHEREAS, the Planning Department staff has interpreted the PUD <br /> ordinance to mean that any secondary unit must be <br /> constructed within the building envelope; and <br /> <br />WHEREAS, Mr. Raber appealed that interpretation to the Planning <br /> Commission; and <br /> <br />WHEREAS, the Planning Commission reviewed staff's interpretation <br /> of the ordinance and concurred with the staff; and <br /> <br />WHEREAS, Mr. Raber then appealed. that decision to the City <br /> Council; and <br /> <br />WHEREAS, at its meeting of December 14, 1993, the City Council <br /> reviewed the report of the Director of Planning and <br /> Community Development (SR 93:457) and the recommendation <br /> of the Planning Commission; <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES <br />AS FOLLOWS: <br /> <br />Section 1: The City Council finds that State law governing <br /> secondary units indicates that construction of such unit <br /> must conform to the zoning requirements of the <br /> residential district in which the property is located. <br /> <br /> Section 2: The City Council finds that the PUD requirements, <br /> including "building envelope" rules, are the zoning <br /> requirements for this property and, therefore, secondary <br /> units must adhere to all requirements governing any <br /> portion of an area governed by the PUD. <br /> <br /> <br />