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Mr. Swift said Council would be adopting a zoning regulation so the State law <br />requirements would not apply, unless the City's other applicable zoning regulations were <br />incorporated. He said Council has the ability to require second units, set rents, eliminate the <br />second units, establish a certain number on certain lots and not others, etc. <br /> <br /> Ms. Michelotti asked what had been done with prior PUD's? <br /> <br /> Mr. Swift said most PUD's have a standard condition that all of the land use R-1 zoning <br />regulations apply. The secondary units are handled on a case by case basis in R-1 zoning. In <br />a few projects, a blanket conditional use permit was adopted. <br /> <br /> Ms. Dennis asked how many secondary units had been built under the blanket conditional <br />use permits? <br /> <br /> Mr. Swift did not know. <br /> <br /> Ms. Dennis asked if it would be possible to defer their questions to the Planning <br />Commission, to get its advice on how many lots it thought would be appropriate for detached <br />secondary units? <br /> <br /> Mr. Swift said yes, but the question would be brought up as a modification of the PUD. <br />If Council wanted, it could indicate secondary units are an allowable use on these lots and staff <br />and Planning Commission would come back with recommendations on where, what size, etc. <br />This can still be done on a case by case basis. <br /> <br /> Mayor Tarver said usually staff's recommendation is to approve the secondary units <br />because we have no grounds for not approving them, unless there is a PUD condition that <br />regulates where they go and how they are designed. <br /> <br /> Mr. Swift said normally staff follows the state law requirements. <br /> <br /> Mayor Tarver wanted to know what the legal exposure would be for not approving a <br />conditional use permit for secondary units. <br /> <br /> Mr. Roush said if the zoning regulations are established through the PUD, then Council <br />would have more discretion in regards to the secondary units. Previous PUD's typically have <br />not had certain conditions in effect. If no conditions are set, then the state law mandates that <br />the second units be granted. <br /> <br /> Mayor Tarver was trying to make it clear for the public as to what the Council can and <br />cannot do in regards to secondary units. <br /> <br /> Ms. Dennis said having more control over the units might be worth doing. <br /> <br />Pleasanton City Council 2/17/98 <br />Minutes 19 <br /> <br /> <br />