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15
City of Pleasanton
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CITY CLERK
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2008
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121608
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15
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12/10/2008 4:37:43 PM
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12/10/2008 4:26:49 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/16/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
15
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development restrictions based on the plain language of the measures, both go into <br />effect. <br />Housing Unit Definitions. Measures PP and QQ each adopt General Plan policies <br />defining housing units in relation to the 29,000 unit housing cap. <br />Measure PP adds a policy to the General Plan broadly defining a housing unit as any <br />residence with a kitchen (sink, cooking device, and refrigerator) and a bathroom (toilet, <br />tub or shower). Measure PP also mandates that the City Council cannot waive or <br />exclude from the housing cap units consistent with this definition. <br />Measure QQ's definition of a housing unit more specifically lists types of units (e.g. <br />single family homes, condos, apartment units, mobile homes, etc.) that count towards <br />the housing cap, rather than referencing specific features within such units. <br />Under state law, a "second unit" is an attached or detached residential unit which <br />provides complete individual living facilities and includes permanent provisions for living, <br />sleeping, eating and cooking; it would fall within Measure PP's definition of a housing <br />unit. State law, however, specifically provides that second units shall not be counted <br />towards any local growth control limitation such as the City's housing cap. Because <br />state law controls, second units would not count against the housing cap under <br />Measure PP. Measure QQ specifically provides that second units shall not count <br />against the housing cap and hence there is no conflict between Measures PP and QQ <br />as to counting second units towards the housing cap. <br />Measure QQ also specifically excludes extended stay hotel rooms from the definition of <br />housing unit, as well as assisting living facilities (where the Council is given discretion to <br />count a portion of the facility based on impacts to infrastructure and community <br />services). In contrast, such extended stay hotel rooms and many of the rooms at <br />assisted living facilities have the kitchen and bathroom features listed in Measure PP as <br />defining a housing unit. <br />With regard to extended stay hotels, this potential incongruity is clarified by Measure <br />PP's "Notice of Intent to Circulate petition" statement that: "Pleasanton should be <br />consistent with the U.S. Census Bureau and State of California definitions of housing <br />unit when calculating the housing cap". Extended stay hotels are defined by the <br />Census Bureau as an "accommodation establishment", and not a housing unit.3 So, <br />under both Measures PP and QQ, an extended stay hotel room is not defined as a <br />housing unit and does not count towards the housing cap. <br />When considering assisted living facilities, the State of California focuses on <br />independent living facilities", and the U.S. Census Bureau has categorized these <br />facilities as Group Quarters.5 Additionally, Ms. Karla Brown, one of the three listed <br />s Analysis Report, Section 5.20, pg. 24. <br />° Analysis Report, Section 5.19, pg. 22. <br />s Analysis Report, Section 5.24, pg. 26. <br />Page 4 of 7 <br />
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