ORD 2300 - Laserfiche WebLink

Ordinance No. 2300 Page 14 accessory dwelling unit being rented. K. The junior accessory dwelling unit shall comply with the other zoning and building requirements generally applicable to residential construction in the applicable zone where the property is located. L. A restrictive covenant shall be recorded against the lot containing the junior accessory dwelling unit with the Alameda County recorder's office prior to the issuance of a building permit form the building division stating that: The property contains an approved junior accessory dwelling unit pursuant to Chapter 18.106 of the Pleasanton Municipal Code and is subject to the restrictions and regulations set forth in that chapter. These restrictions and regulations generally address subdivision and development prohibitions, owner occupancy and lease requirements, limitations on the size of the junior accessory dwelling unit, parking requirements, and participation in the city's monitoring program to determine rent levels of the junior accessory dwelling unit being rented. Current restrictions and regulations may be obtained from the city of Pleasanton planning division. These restrictions and regulations shall be binding upon any successor in ownership of the property. (Ord. 2161 § 1, 2017; Ord. 2179 § 2, 2018; Ord. 2213 § 2, 2021) § 18.106.090. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. A. The City will not deny an accessory dwelling unit or junior accessory dwelling unit application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety, and that is not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. B. As required by state law, the City may not deny a permit to legalize an existing but unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, if the denial would be based on either of the following grounds: 1. The accessory dwelling unit or junior accessory dwelling unit violates applicable building standards; or 2. The accessory dwelling unit or junior accessory dwelling unit does not comply with state ADU law or this Chapter 18.106. C. Notwithstanding subsection 18.106.080(B). above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. Subsection 18.106.080(B) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.