CITY COUNCIL REGULAR AGENDA PACKET

Page 3 of 5 structure is demolished in conjunction with the construction of, or converted to, an ADU. SB 1211 amends this subsection to also prohibit local agencies from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. Multifamily ADUs Under existing Government Code section 66323(a)(3)(A), local agencies must ministerially approve qualifying building permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by State ADU law. SB 1211 changes this by adding a new definition stating “‘livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” SB 1211 also increases the quantity of detached ADUs allowed on lots with an existing multifamily dwelling. Currently, Government Code section 66323(a)(4)(A) permits lots with an existing or proposed multifamily dwelling up to two detached ADUs. Following SB 1211, lots with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. SB 1211 does not alter the number of ADUs that lots with proposed multifamily dwellings can have — they remain limited to two detached ADUs. To be consistent with these changes, Exhibit A to Attachment 1 of this agenda report provides the revised text to Chapter 18.106 of the PMC. Separate Conveyance of ADUs Since AB 1033 was adopted, very few jurisdictions have adopted an ordinance allowing the separate conveyance of ADUs. In staff’s research, San José and San Francisco are the only Bay Area jurisdictions to do so. Other jurisdictions have provided discussion of the new law to their decision-making bodies, but in most cases have suggested deferring development of local regulations, pending being able to gauge interest from the development community, and to benefit from the experience of other jurisdictions in developing and implementing an ordinance. The San José “ADU Condominium” ordinance, adopted on June 18, 2024 (February 12, 2025 Planning Commission packet, page 28), demonstrates the complexity of the process. To date, San José has received one application for ADU Condominium conversion. As can be seen in the ordinance, the requirements are lengthy and complex, since they need to ensure that the separate conveyance included 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. No jurisdictions similar to Pleasanton (i.e. with a large number of planned unit developments and active HOAs) have adopted an ordinance to permit separate conveyance. Many residential neighborhoods in Pleasanton are part of a Planned Unit Development and subject to an HOA and its CC&Rs (covenants, conditions and restrictions). Allowing separate conveyance for properties with existing HOAs could raise complex questions about how dues would be assessed, and how ADU subdivisions would interface with existing CC&Rs and property maintenance and easement agreements. Page 78 of 376