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Page 4 of 5 adequate provisions for management and maintenance of common areas, including lienholder consent and the formation of a homeowners association for the primary unit and ADU. As was discussed in the October 15, 2024 City Council Agenda Report (page 62), many residential neighborhoods in Pleasanton are part of a Planned Unit Development and subject to an HOA and its CC&Rs. No jurisdictions similar to Pleasanton (i.e., with many planned unit developments and active HOAs) have adopted an ordinance to permit separate conveyance. Staff proposes that allowing separate conveyance for properties with existing HOAs could raise complex questions; for example, about how HOA dues would be assessed, and how ADU subdivisions would interface with existing CC&Rs and property maintenance and easement agreements. Given these complexities, the prevalence of HOAs in Pleasanton, unknown level of interest among property owners in separate conveyance, and added administration for both staff and existing HOAs to allow separate conveyance of the principal unit, staff does not recommend dedicating limited staff resources to developing a local ordinance to allow separate conveyance at this time. If there proves to be substantial property owner interest, and the opportunity to learn from the experience of other similar communities, adopting such an ordinance may be appropriate in the future. The Planning Commission supported staff’s recommendation not to introduce PMC amendments with respect to separate conveyance. ENVIRONMENTAL ASSESSMENT The proposed code amendments are statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) in that CEQA does not apply to the adoption of an ordinance implementing state ADU law. The proposed amendments are also statutorily exempt pursuant to CEQA Guidelines Section 15268, in that the amendments are necessary to conform to and implement the ministerial approval processes mandated by State law. The amendments are further exempt pursuant to CEQA Guidelines Section 15061(b)(3) in that there is no possibility the activity will have a significant effect on the environment. PLANNING COMMISSION ACTION The Planning Commission held a public hearing on February 12, 2025, to review and provide a recommendation to the City Council on the proposed actions. The Planning Commission unanimously recommended approval of the amendments. The Planning Commission did not recommend pursuing the adoption of separate conveyance of ADUs pursuant to AB 1033, given the limited applicability, complexity of review process and demand on staff time. There was no public comment provided during the hearing. EQUITY AND SUSTAINABILITY ADUs and JADUs contribute to the creation of affordable housing within the city, and are often used for multi-generational families. Adoption of this ordinance may reduce barriers to constructing ADUs and JADUs. OUTREACH Notification of this code amendment has been published in The Valley Times as an upcoming agenda item for the March 18, 2025, City Council meeting. STRATEGIC PLAN ALIGNMENT Approval of this action advances the strategic goal of Building a Community Where Everyone Belongs of the ONE Pleasanton Strategic Plan, in that the amendments may further production Page 69 of 348