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P24-0334 Planning Commission 5 of 7 Separate Conveyance of Accessory Dwelling Units State law makes it voluntary for the City to adopt an ordinance allowing the separate conveyance of ADUs such that the primary residential unit and the ADU can have separate ownership, i.e., the ADU may be sold as a condominium. At the request of a Commissioner, this topic is being brought forward for consideration and discussion by the Commission as a whole. If the Commission directs the text amendments, staff would bring back at a future meeting draft text amendments for this topic. ANALYSIS AND DISCUSSION: CONSIDERATIONS FOR PLEASANTON The proposed text amendments attached to this report are to update the City’s Density Bonus Ordinance and to establish parameters for how to measure from a transit stop. State Density Bonus Law As noted in this report, State law regarding density bonus has been updated substantially since the City originally adopted its ordinance subsequent to the 4 th Cycle Housing Element. Due to the most recent updates to State law, and as a result of many cities updating their respective municipal codes, ABAG-MTC provided a model ordinance to Bay Area cities to assist in meeting Density Bonus requirements in local ordinances. The draft modifications in Exhibit A are based on the model ordinance and seek to supersede the entirety of the existing language in PMC Chapter 17.38. Since most of the law related to Density Bonus is prescribed by State law– meaning, the City does not have latitude or flexibility in how it implements the ordinance, the amendments seek to simply refer to State law and provide parameters only for elements where jurisdiction-specific latitude is allowed, such as submittal requirements. Further, staff proposes update to sections that would benefit from reference to current State law (e.g., definition of “child care facility” is proposed to mirror the State Health and Safety Code). Major Transit Stop The proposed amendments related to major transit stops are intended to provide clarity on how the measurement should be taken (i.e., from a single point or a radius around the subject parcel). Recent guidance from ABAG-MTC for implementation of a regional policy indicates, the measurement for the radius should be taken from a single point at the center of the subject station. Exhibit B to this report provide maps of the half-mile radius around the two BART stations and the ACE train station. Aside from this more recent direction from ABAG-MTC, when the City has implemented various sections of State law that refer to a certain distance from a transit stop, it has also measured from a single point. Therefore, the proposed text amendments codify the City’s current practice, which is consistent with guidance from ABAG-MTC for purposes of regional transit-oriented projects. The amendments further propose that if a project site is only partially within the radius measurement, a project is considered to be within the radius if: (1) all parcels comprising the project have at least 75% of their area within the radius; and (2) if residential units are proposed, at least 90 percent of the residential units or 100 units, whichever is less, comprising the project are within the radius. Therefore, parcels that are partially within the radius may be relieved from parking requirements only if they meet the above criteria.