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AGENDA FULL PACKET
City of Pleasanton
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2020 - PRESENT
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2024
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09-11
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AGENDA FULL PACKET
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9/18/2024 9:47:59 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/11/2024
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the department may submit written findings to the local agency as to whether <br />the ordinance complies with this section. <br />(2) (A) If the department finds that the local agency’s ordinance does <br />not comply with this section, the department shall notify the local agency <br />and shall provide the local agency with a reasonable time, no longer than <br />30 days, to respond to the findings before taking any other action authorized <br />by this section. <br />(B) The local agency shall consider the findings made by the department <br />pursuant to subparagraph (A) and shall do one of the following: <br />(i) Amend the ordinance to comply with this section. <br />(ii) Adopt the ordinance without changes. The local agency shall include <br />findings in its resolution adopting the ordinance that explain the reasons the <br />local agency believes that the ordinance complies with this section despite <br />the findings of the department. <br />(3) (A) If the local agency does not amend its ordinance in response to <br />the department’s findings or does not adopt a resolution with findings <br />explaining the reason the ordinance complies with this section and addressing <br />the department’s findings, the department shall notify the local agency and <br />may notify the Attorney General that the local agency is in violation of state <br />law. <br />(B) Before notifying the Attorney General that the local agency is in <br />violation of state law, the department may consider whether a local agency <br />adopted an ordinance in compliance with this section between January 1, <br />2017, and January 1, 2020. <br />(i) The department may review, adopt, amend, or repeal guidelines to <br />implement uniform standards or criteria that supplement or clarify the terms, <br />references, and standards set forth in this section. The guidelines adopted <br />pursuant to this subdivision are not subject to Chapter 3.5 (commencing <br />with Section 11340) of Part 1 of Division 3 of Title 2. <br />(j) As used in this section, the following terms mean: <br />(1) “Accessory dwelling unit” means an attached or a detached residential <br />dwelling unit that provides complete independent living facilities for one <br />or more persons and is located on a lot with a proposed or existing primary <br />residence. It shall include permanent provisions for living, sleeping, eating, <br />cooking, and sanitation on the same parcel as the single-family or <br />multifamily dwelling is or will be situated. An accessory dwelling unit also <br />includes the following: <br />(A) An efficiency unit. <br />(B) A manufactured home, as defined in Section 18007 of the Health <br />and Safety Code. <br />(2) “Accessory structure” means a structure that is accessory and <br />incidental to a dwelling located on the same lot. <br />(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 <br />of the Health and Safety Code. <br />(4) “Living area” means the interior habitable area of a dwelling unit, <br />including basements and attics, but does not include a garage or any <br />accessory structure. <br />90 <br />—24 — Ch. 752
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