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15 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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2008
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121608
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15 ATTACHMENTS
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12/10/2008 4:39:00 PM
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12/10/2008 4:29:22 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/16/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
15 ATTACHMENTS
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5.20 Bow to Count Unib Towards the Housing Cap? <br />The Pleasanton General Plan and Municipal Code do not have a specific definition of the <br />tens housing unit for purposes of determining which units are counted towards the <br />housing cap. ht practice, each new single family home (including each duet, townhome, <br />condominium, and mobile home), as well as each unit in an apartment complex, have <br />been counted as housing units for purposes of calculating the housing cap. However, <br />second units are not counted, nor are rooms at nursing homes, in assisted living facilities, <br />or at extended stay hotels. <br />The application of the Initiative's definition of a housing unit to a single family home, <br />duet, townhome, condominium and each unit in an apartment complex are consistent with <br />the City's current practice. Similarly, a nursing home, whero patients' rooms typically do <br />not have their own "kitchen" and "bathroom", would not be defined as a housing unit by <br />the Initiative, nor has the City's practice been to count such residences towards the <br />housing cap. This is also consistent with the Census Bureau categorizing a nursing. home <br />as institutional "group quarters" in terms of type of housing unit. <br />While a second unit is a residence with a "kitchen,. and "bathroom", and therefore a <br />housing unit as defined by the Initiative, State law specifically provides that second units <br />shall not be counted towards any local growth control liaritation.33 Therefore, the City's <br />current practice is consistent with State law, and second units cannot be wonted towards <br />the City's housing cap, even if the Initiative is adopted. <br />Less certain is the application of the Initiative's definition of a housing unit to <br />units/rooms in an assisted living facility or an extended stay hotel. In both of those <br />situations, each unit mould be said to be a "residence" with its own "kitchen" and <br />"bathroom". However, the Census Bureau's defimition of housing unit emphasizes <br />separate living by providing that; "... separate Iivin~ quartero ... in which the occupants <br />Iive separately from any other persons fn the building .. ". Similarly, the California <br />Building Code also uses the language "Independent iivinp facllides'. <br />In the case of m assisted living facility, which typically provides residents with a shared <br />meal plan, Personal services, emergency alert response system, housekeeping, memory <br />care, transportation services, etc., it would be a question whether such persona "live <br />separately" and are "independent". This might depend upon the services ofi'ered at the <br />facility, and therefore be decided on acase-by-case basis whether each urrit in such a <br />facility wants as a separate housing unit for purposes of the housing cap, or if the facility <br />more accurately provides group 4, ~ defined by the Census Bureaa36 <br />"see Qovernmeat code §t+sa32.2(ax2} <br />'~ In a telephone call between city sta8and the Ceasw Bureau regarding the 20t0 census, when the <br />Parltvitnr Assisted Living Facility wu disea,aed, City staRwen advised snc6 m assisted living facility <br />would direly ba classified as droop tZuarten, and not a individual housing unit. <br />23 <br />
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