HomeMy WebLinkAbout6.2 Housing Element Implementation - Zoning Ordinance Amendments (PLPA-004020-2024)STAFF REPORT
Planning Commission
Page 1 of 5
Agenda Item 6.2
DATE:December 10, 2024
TO:Planning Commission
SUBJECT:Housing Element Implementation -Zoning Ordinance Amendments (PLPA-4020-2024)Prepared by:Kristie Wheeler, Interim Assistant Community DevelopmentDirector
EXECUTIVE SUMMARY:The Planning Commission will consider and make a recommendation to the City Council regarding City-initiated amendments to the Zoning Ordinance to implement certain programs of the General Plan Housing Element. Amendments are proposed to Dublin Municipal Code Chapter 8.08(Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance).The Planning Commission will also consider and make a recommendation to the City Council regarding an exemption from the requirements of the California Environmental Quality Act.
STAFF RECOMMENDATION:Conduct a public hearing, deliberate, and adopt the Resolution recommending City Council approval of amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance).
43
Page 2 of 5
DESCRIPTION:BackgroundEach local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction. A certified Housing Element is one of seven mandatory elements of the General Plan. Housing Element law mandates that local governments update their Housing Element every eight years to demonstrate how the jurisdiction has adequately planned to meet the existing and projected housing needs of all economic segments of the community.On November 15, 2022, the City Council adopted Resolution No. 133-22, which approved the draft Housing Element and associated General Plan and Specific Plan amendments and rezonings. The Resolution also directed staff to submit the draft Housing Element to the State Department of Housing and Community Development (HCD) for review and certification. On November 18, 2022, staff submitted the draft 2023-2031 Housing Element for review and certification. The Housing Element was certified by HCD on January 19, 2024, and includes a number of programs that are required to be implemented by the City.Proposed ProjectThe City has initiated amendments to the Zoning Ordinance to provide timely and effective implementation of the Housing Element. Amendments are proposed to Dublin Municipal Code (DMC) Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance).The proposed amendments would implement the following Housing Element programs:B.3: Density Bonus –Review and revise the Density Bonus Ordinance to ensure continuedcompliance with State law through the Planning Period.B.10: Objective Design Standards and Streamlined Ministerial Review –Amend the Site Development Review Permit findings to remove subjective language in Findings 3 and 6 to provide objective standards in accordance with Senate Bill (SB) 35.B.11: Transitional and Supportive Housing –Amend the Zoning Ordinance to comply with statutory requirements by permitting transitional and supportive housing as a residential use by-right in all zones where housing is permitted and only subject to those restrictions that apply to other residential dwellings of the same types in the same zones.B.12: Single Room Occupancy Units (SROs)–Review permitting procedures for SROs and amend DMC Section 8.12.050 to remove potential constraints.B.17: Community Care Facilities –Amend the Zoning Ordinance to allow community care facilities in all zones allowing residential uses. Amend the Zoning Ordinance to revise the definition of
44
Page 3 of 5
"Family" to eliminate constraints to persons with disabilities. D.3: Emergency Shelters–Review and amend, if necessary, the Emergency Shelters Ordinance for consistency with Government Code Section 65583(a)(4). Amend the Emergency Shelters Ordinance and Zoning Ordinance to comply with Assembly Bill (AB) 139 parking requirements.D.6: Parking Requirements Near Public Transit–Amend Zoning Ordinance to comply with the requirements established in AB 2097.AnalysisThe following provides an overview of the proposed amendments to the Zoning Ordinance:Chapter 8.08 (Definitions) –Amendments to Chapter 8.08 are proposed to remove reference to “small” and “large” in the definitions of “Community Care Facility,” “Supportive Housing” and “Transitional Housing” and to ensure that the definitions of each are consistent with applicable Government Code requirements. In addition, the definition of “Family” has been updated to eliminate constraints to disabled persons. Finally, the definition of “Single-Room Occupancy Unit” has been updated to provide a minimum size requirement.Chapter 8.12 (Zoning Districts and Permitted Uses of Land)–Amendments are proposed to the permitted and conditionally permitted land use matrix to remove reference to “small” and “large” “Community Care Facility,” “Supportive Housing” and “Transitional Housing” and to permit each land use in zoning districts that permit residential uses by-right and require a Conditional Use Permit approved by the Planning Commission for each land use type in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park) and M-1 (Light Industrial) zoning districts. In addition, the matrix would be amended to permit “Single-Room Occupancy Units” in the C-2 zoning district. Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts) andChapter 8.24 (Commercial Zoning Districts) –Amendments are proposed to Chapters 8.16, 8.20 and 8.24 to provide consistency with the amendments proposed to the land use matrix in Chapter 8.12 related to community care facilities, supportive housing, transitional housing and single-room occupancy units.Chapter 8.45 (Emergency Shelters) –Amendments are proposed to the development standards in Chapter 8.45 to ensure that they are consistent with Government Code Section 65583(a)(4).Chapter 8.46 (Single Room Occupancy Units) –Amendments are proposed to Chapter 8.46 to remove potential constraints to development of single room occupancy units, including permitting them by-right subject to ministerial approval of a Zoning Clearance. Chapter 8.47 (Supportive Housing)and Chapter8.50 (Transitional Housing)–Amendments are proposed to Chapters 8.47 and 8.50 to remove reference to “small” and “large” and update where supportive housing and transitional housing are permitted by-right and where they require approval of a Conditional Use Permit.
45
Page 4 of 5
Chapter 8.52 (Density Bonus Regulations)–Amendments are proposed to Chapter 8.52 to ensure continued compliance with State law.Chapter 8.76 (Off-Street Parking and Loading Regulations) –Amendments are proposed to Chapter 8.76 to add an exception to the City’s off-street parking requirements for residential, commercial and other development projects located within one-half mile of public transit as defined by Section 2155 of the Public Resources Code consistent with AB 2097. In addition, proposed off-street parking requirements for community care facilities, supportive housing and transitional housing would be updated to ensure that they are the same as would be applied to other residential uses in the same zoning districts. Finally, proposed parking requirements for emergency shelters would be amended consistent with AB 139.Chapter 8.104 (Site Development Review) –Amendments are proposed to two of the findings required to approve a Site Development Review Permit contained in DMC Sections 8.104.090(C) and (F) to clarify that they would not apply to a housing development project subject to ministerial review under SB 35 as defined by Government Code Section 65589.5(h)(2).Chapter 8.116 (Zoning Clearance)–Amendments to Chapter 8.116 are proposed to add single room occupancy units as a project that requires ministerial approval of a Zoning Clearance.A draft Planning Commission Resolution recommending City Council approval of the proposed Zoning Ordinance Amendments is included as Attachment 1 with the draft Ordinance included as Attachment 2. A redlined version of the proposed Zoning Ordinance Amendments is included as Attachment 3 where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted.Consistency with the General Plan, Specific Plans, and Zoning OrdinanceThe proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan in that the amendments are necessary to implement programs identified in the Housing Element. Specifically, the proposed Zoning Ordinance Amendments would implement Programs B3: Density Bonus, B.10 Objective Design Standards and Streamlined Ministerial Review, B.11 Transitional and Supportive Housing, B.12 Single Room Occupancy Units, B.17: Community Care Facilities, D.3: Emergency Shelters, and D.6: Parking Requirements Near Transit.
ENVIRONMENTAL DETERMINATION:The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment and are not subject to CEQA review.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
46
Page 5 of 5
In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. Additionally, the Planning Commission Agenda was posted.
ATTACHMENTS:1) Planning Commission Resolution Recommending Approval of Amendments to the Zoning Ordinance2) Exhibit A to Attachment 1 – City Council Ordinance Approving Amendments to the Zoning Ordinance3) Redlined Zoning Ordinance Amendments
47
Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2
RESOLUTION NO. XX – 24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN MUNICIPAL
CODE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND
PERMITTED USES OF LAND), CHAPTER 8.16 (AGRICULTURAL ZONING DISTRICT),
CHAPTER 8.20 (RESIDENTIAL ZONING DISTRICTS), CHAPTER 8.24 (COMMERCIAL
ZONING DISTRICTS), CHAPTER 8.45 (EMERGENCY SHELTERS), CHAPTER 8.46 (SINGLE
ROOM OCCUPANCY UNITS), CHAPTER 8.47 (SUPPORTIVE HOUSING), CHAPTER 8.50
(TRANSITIONAL HOUSING), CHAPTER 8.52 (DENSITY BONUS REGULATIONS),
CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.104
(SITE DEVELOPMENT REVIEW), AND CHAPTER 8.116 (ZONING CLEARANCE)
(PLPA-004020-2024)
WHEREAS,the City occasionally initiates amendments to the Dublin Municipal Code to
clarify, add, or amend certain provisions to ensure that it remains current with federal and state
law, internally consistent, simple to understand and implement, and relevant to changes occurring
in the community; and
WHEREAS,Staff initiated amendments to Dublin Municipal Code Chapter 8.08
(Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16
(Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24
(Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room
Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing),
Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and Loading
Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance)
(the “Project”) to implement certain programs contained in the General Plan Housing Element;
and
WHEREAS,the Project would implement General Plan Housing Element Programs B.3:
Density Bonus, B.10 Objective Design Standards and Streamlined Ministerial Review, B.11
Transitional and Supportive Housing, B.12 Single Room Occupancy Units, B.17: Community Care
Facilities, D.3: Emergency Shelters, and D.6: Parking Requirements Near Transit; and
WHEREAS,the California Environmental Quality Act (“CEQA”), together with the State
Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be
reviewed for environmental impacts and that environmental documents be prepared; and
WHEREAS,the Planning Commission recommends that the City Council find the Project
exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the
Project would not result in any physical changes and it can be seen with certainty that there is no
possibility that the Project would have a significant effect on the environment and are not subject
to CEQA review; and
WHEREAS,the Planning Commission held a duly noticed public hearing on December 10,
2024, during which all interested persons were heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
48
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2
WHEREAS,a Staff Report dated December 10, 2024, was submitted to the Dublin
Planning Commission recommending approval of the proposed amendments to Dublin Municipal
Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land),
Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter
8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single
Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional
Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off-Street Parking and
Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning
Clearance); and
WHEREAS,the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the recommendations.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
recommend that the City Council adopt the Ordinance attached hereto as Exhibit A,and
incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 10th day of December 2024, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST:
______________________________________
Assistant Community Development Director
49
Attachment 2
Exhibit A to Attachment 1
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 9
ORDINANCE NO. XX – 25
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.08
(DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND),
CHAPTER 8.16 (AGRICULTURAL ZONING DISTRICT), CHAPTER 8.20 (RESIDENTIAL
ZONING DISTRICTS), CHAPTER 8.24 (COMMERCIAL ZONING DISTRICTS), CHAPTER 8.45
(EMERGENCY SHELTERS), CHAPTER 8.46 (SINGLE ROOM OCCUPANCY UNITS),
CHAPTER 8.47 (SUPPORTIVE HOUSING), CHAPTER 8.50 (TRANSITIONAL HOUSING),
CHAPTER 8.52 (DENSITY BONUS REGULATIONS), CHAPTER 8.76 (OFF-STREET
PARKING AND LOADING REGULATIONS), CHAPTER 8.104 (SITE DEVELOPMENT
REVIEW), AND CHAPTER 8.116 (ZONING CLEARANCE)
(PLPA-004020-2024)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City occasionally initiates amendments to the Dublin Municipal Code (DMC) to clarify, add,
or amend certain provisions to ensure that the DMC remains current with federal and state law,
internally consistent, simple to understand and implement, and relevant to changes occurring
in the community.
B. Staff initiated amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12
(Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District),
Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts),
Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter
8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus
Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site
Development Review), and Chapter 8.116 (Zoning Clearance) (the “Project”) to implement
certain programs contained in the General Plan Housing Element.
C. The Project would implement General Plan Housing Element Programs B.3: Density Bonus,
B.10 Objective Design Standards and Streamlined Ministerial Review, B.11 Transitional and
Supportive Housing, B.12 Single Room Occupancy Units, B.17: Community Care Facilities,
D.3: Emergency Shelters, and D.6: Parking Requirements Near Transit.
D. The Planning Commission held a duly noticed public hearing on December 10, 2024, during
which all interested persons were heard, and adopted Resolution No. 24-xx recommending
that the City Council approve the Project.
E. A Staff Report was submitted to the Dublin City Council recommending approval of the Project.
F. The City Council held a public hearing on the Project on __________, at which time all
interested persons had an opportunity to be heard.
G. Proper notice of said hearing was given in all respects as required by law.
50
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 9
H. The City Council did hear and consider all said reports, recommendations, and testimony set
forth above and used its independent judgment to evaluate the project.
SECTION 2. FINDINGS
A. Pursuant to Dublin Municipal Code Section 8.120.050.B., the City Council hereby finds that
the Project is consistent with the General Plan in that the proposed Dublin Municipal Code
Amendments are necessary to implement programs identified in the General Plan Housing
Element. Specifically, the proposed Dublin Municipal Code Amendments would implement
Programs B3: Density Bonus, B.10 Objective Design Standards and Streamlined Ministerial
Review, B.11 Transitional and Supportive Housing, B.12 Single Room Occupancy Units, B.17:
Community Care Facilities, D.3: Emergency Shelters, and D.6: Parking Requirements Near
Transit.
B. The California Environmental Quality Act (CEQA), together with State Guidelines and City of
Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. The City Council
hereby finds that the Project is exempt from the requirements of CEQA pursuant to CEQA
Guidelines Section 15061(b)(3) because it can be seen with certainty that the Project will not
have a significant effect on the environment and is not subject to CEQA review.
SECTION 3. AMENDMENT TO CHAPTER 8.08
Dublin Municipal Code Section 8.08.020 is amended to remove reference to “small” and “large”
Community Care Facility, Supportive Housing and Transitional Housing and amend the following
definitions:
8.08.020 Definitions (A-Z).
Community Care Facility (use type).The term Community Care Facility shall mean a 24-hour
residential facility licensed or supervised by a federal, state or local health/welfare agency
providing non-medical care to unrelated persons who are disabled and in need of personal
services, supervision or assistance that is essential for sustaining the activities of daily living or
for the protection of the individual. This may include, elderly persons, persons in an alcoholism or
drug abuse recovery or treatment program, persons with developmental disabilities, physically
disabled persons or dependent and neglected children, persons living in an intermediate care
facility/developmentally disabled-habilitative, intermediate care facility/ developmentally disabled-
nursing, and congregate living health facilities. A Community Care Facility may be located in any
type of residence.
Family.The term Family shall mean one or more persons who live together in a dwelling as a
single, non-profit housekeeping unit.
Single Room Occupancy Units (use type).The term Single Room Occupancy Units shall mean
a building or buildings constructed or converted for residential living consisting of one-room
dwelling units with a minimum size of 150 square feet, where each unit is occupied by a single
individual or two persons living together as a domestic unit, and where the living and sleeping
space are combined. A one-room dwelling unit is not required to contain a bathroom or a kitchen
except that if a bathroom or kitchen is not provided within the unit, such common facilities shall
51
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 3 of 9
be provided on-site for residents. A unit that contains both a bathroom and kitchen shall be
considered a studio unit and not a Single Room Occupancy Unit. Common facilities for laundry
may or may not be provided on-site.
Supportive Housing (use type).The term Supportive Housing shall mean housing with no limit
on length of stay, that is occupied by a target population, and that is linked to on-site or off-site
services that assist the supportive housing resident(s) in retaining housing, improving their health
status, and maximizing their ability to live and, when possible, work in the community. A target
population means persons, including persons with disabilities, and families who are “homeless,”
as that term is defined by Section 11302 of Title 42 of the United States Code, or who are
“homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of
the Government Code.
Transitional Housing (use type).The term Transitional Housing shall mean a dwelling unit
occupied by homeless persons or families, which is operated under program requirements that
call for the termination of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time which shall be no less than six
months.
SECTION 4. AMENDMENT TO CHAPTER 8.12
Dublin Municipal Code Section 8.12.050 is amended to remove reference to “small” and “large”
Community Care Facility, Supportive Housing and Transitional Housing, remove Community Care
Facility/Large as a Commercial Use Type and amend the following portions of the land use matrix
as follows:
8.12.050 Permitted and Conditionally Permitted Land Uses.
RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Community Care Facility P P P P --C/PC C/PC C/PC C/PC -
Single Room Occupancy Units -------P ---
Supportive Housing P P P P --C/PC C/PC C/PC C/PC -
Transitional Housing P P P P --C/PC C/PC C/PC C/PC -
SECTION 5. AMENDMENT TO CHAPTER 8.16
Dublin Municipal Code Section 8.16.020.A. is amended to read as follows:
8.16.020 A (Agricultural Zoning District)
A. Use types permitted in A zoning district.Animal Keeping - Residential, Community Care
Facility, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family
Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing;
similar and related uses; temporary uses; and conditional uses. All Agriculture use types as shown
in the Land Use Matrix require a Conditional Use Permit by the Zoning Administrator.
SECTION 6. AMENDMENT TO CHAPTER 8.20
Dublin Municipal Code Section 8.20.020.A.1., Section 8.20.020.A.2, Section 8.20.020.B.1,
Section 8.20.020.B.2 and Section 8.20.020.C.2 are amended to read as follows:
52
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 4 of 9
8.20.020 Residential Zoning Districts
A. R-1 (Single Family Residential Zoning District).
1. Intent.The R-1 zoning district is intended to provide for and protect neighborhoods
comprised of detached, single-family homes and residential use types.
2. Use types permitted in R-1 zoning district.Animal Keeping – Residential, Community
Care Facility, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family
Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing;
similar and related uses; temporary uses; and conditional uses.
B. R-2 (Two Family Residential Zoning District).
1. Intent.The R-2 zoning district is intended to provide for and protect neighborhoods
comprised of single family dwellings, two family dwellings at have development
characteristics similar to single-family neighborhoods, duplexes, and residential use types.
2. Use types permitted in R-2 zoning district.Animal Keeping –
Residential, Community Care Facility, Duplex, Garage/Yard Sale, Mobile Home, Multi-
Family Residence, Single Family Residence, Small Family Day Care Home, Large Family
Day Care Home, Supportive Housing, Transitional Housing;similar and related uses;
temporary uses; and conditional uses.
C. R-M (Multi-Family Residential Zoning District).
2. Use types permitted in R-M zoning district.The use types intended for the R-M zoning
district include Animal Keeping – Residential, Community Care Facility, Duplex, Garage/Yard
Sale, Multi-Family Residence, Single Family Residence, Small Family Day Care Home, Large
Family Day Care Home, Supportive Housing, Transitional Housing;similar and related uses;
temporary uses; and conditional uses.
SECTION 7. AMENDMENT TO CHAPTER 8.24
Dublin Municipal Code Section 8.24.020.D.2. is amended to read as follows:
8.24.020 Commercial Zoning Districts
D. C-2 (General Commercial Zoning District).
2. Use types permitted in the C-2 zoning district.Ambulance Service, Automobile/
Vehicle Brokerage, Automobile/Vehicle Rentals, Automobile/Vehicle Repairs and Service,
Banks and Financial Services, Building Materials Sales, Copying and Blueprinting, Eating
and Drinking Establishment, Health Services/Clinics, Laboratory, Mini-Storage, Office –
Contractor’s, Office – Professional/Administrative, Parking Lot/Garage – Commercial,
Personal Services, Repair Shop, Retail – General, Retail – Neighborhood, Retail – Service,
Single Room Occupancy Units,and School – Commercial; similar and related uses;
temporary uses; and conditional uses.
53
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 5 of 9
SECTION 8. AMENDMENT TO CHAPTER 8.45
Dublin Municipal Code Section 8.45.030 is amended to delete subsections F., H., I. and J. and
re-letter as follows:
8.45.030 Development Standards and Regulations
A. Permitted in the M-1 (Light Industrial) Zoning District and Certain PD (Planned
Development) Zoning Districts.An Emergency Shelter may only be established in the M-1
(Light Industrial) Zoning District and similar PD (Planned Development) Zoning Districts if the
project site has an Industrial Park or Business Park/Industrial General Plan land use designation.
B. Compliance with M-1 (Light Industrial) Zoning District
Standards.An Emergency Shelter shall comply with all development standards and regulations
contained in Chapter 8.28 (Industrial Zoning Districts) and Chapter 8.36 (Development
Regulations) for an M-1 (Light Industrial) Zoning District. An Emergency Shelter located within a
PD (Planned Development) Zoning District shall comply with all development standards and
regulations contained within the approved Development Plan for the PD Zoning District. Where
the PD Zoning District does not specify a development standard or regulation, the M-1 (Light
Industrial) standards and regulations shall apply.
C. Off-Street Parking.An Emergency Shelter shall comply with all applicable provisions of
Chapter 8.76 (Off-Street Parking and Loading Regulations).
D. On-Site Management and Security.On-site management and on-site security shall be
provided during the hours when the Emergency Shelter is in operation.
E. External Lighting.The Emergency Shelter shall provide external lighting in accordance with
building security requirements contained in Chapter 7.32 to maintain a safe and secure
environment.
F. Length of Stay.No individual or family shall reside in an Emergency Shelter for more than
30 consecutive days.
SECTION 9. AMENDMENT TO CHAPTER 8.46
Dublin Municipal Code Section 8.46.020.A. is amended as follows:
8.46.020 Permitting Procedures
A. C-2 (General Commercial) and Comparable PD (Planned Development) Zoning
Districts.Single Room Occupancy Units that meet the development standards and regulations
below shall be permitted in the C-2 Zoning District, or comparable PD Zoning District, subject to
a Zoning Clearance by the Community Development Director, which shall be processed in
accordance with Chapter 8.116 (Zoning Clearance).
Dublin Municipal Code Section 8.46.020.A.1. is deleted and re-numbered as follows:
1. Common bathroom facilities are provided on-site if individual units do not contain a
bathroom.
54
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 6 of 9
2. Common kitchen facilities are provided on-site if individual units do not contain a kitchen.
3. Individual Single Room Occupancy Units may contain either kitchen or bathroom
facilities, but shall not contain both.
4. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and
Loading Regulations).
5. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
6. All other applicable provisions of the Zoning Ordinance are met.
SECTION 10. AMENDMENT TO CHAPTER 8.47
Dublin Municipal Code Section 8.47.020.A. is deleted and Section 8.47.020.B. is re-lettered and
amended to read as follows:
8.47.020 Permitting Procedures
A. Supportive Housing.Supportive Housing that provides shelter in a dwelling unit, and such
persons are identified as a target population, shall be permitted in the A (Agricultural ), R-1 (Single
Family Residential), R-2 (Two Family Residential), and R-M (Multi-Family Residential), and
conditionally permitted in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial
Park), M-1 (Light Industrial) and comparable PD (Planned Development) Zoning Districts if the
following development standards and regulations are met:
1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made when a
Conditional Use Permit is applicable.
2. On-site or off-site services are provided to assist Supportive Housing residents in
retaining housing, improving their health status, and maximizing their ability to live, and
where possible, work in the community.
3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and
Loading Regulations).
4. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
5. All other applicable provisions of the Zoning Ordinance are met.
SECTION 11. AMENDMENT TO CHAPTER 8.50
Dublin Municipal Code Section 8.50.010.A. is deleted and Section 8.50.010.B. is re-lettered and
amended to read as follows:
8.50.010 Purpose and Intent.
The purpose of this Chapter is to provide procedures and standards to encourage and facilitate
the establishment of Transitional Housing.
55
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 7 of 9
A. Transitional Housing.Transitional Housing that provides shelter for persons in a dwelling
unit shall be permitted in the A (Agricultural ), R-1 (Single Family Residential), R-2 (Two Family
Residential), and R-M (Multi-Family Residential), and conditionally permitted in the C-1 (Retail
Commercial), C-2 (General Commercial), M-P (Industrial Park), M-1 (Light Industrial) and
comparable PD (Planned Development) Zoning Districts if the following development standards
and regulations are met:
1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made when a
Conditional Use Permit is applicable.
2. The housing is operated under specific program requirements that call for the
termination of assistance and recirculation of the assisted unit to another eligible program
recipient at a predetermined future point in time which shall be no less than 6 months.
3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and
Loading Regulations).
4. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
5. All other applicable provisions of the Zoning Ordinance are met.
SECTION 12. AMENDMENT TO CHAPTER 8.52
Dublin Municipal Code Section 8.52.140.E.2. and Section 8.52.140.F.1. are amended to read as
follows:
8.52.140 Density Bonus Application Review.
E. If a request for a concession or incentive is otherwise consistent with this Chapter, the
approval body may deny a concession or incentive only if it makes a written finding, based upon
substantial evidence, of one or more of the following:
2. That the concession or incentive would have a specific adverse impact upon public
health or safety or on any real property that is listed in the California Register of Historical
Resources and/or National Register of Historic Places, and there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without rendering the development
unaffordable to lower and moderate income households.
F. If a request for a waiver or modification is otherwise consistent with this Chapter, the approval
body may deny a waiver or modification only if it makes a written finding, based upon substantial
evidence, of one of the following:
1.That the waiver or modification would have a specific adverse impact upon health or
safety, and there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable to lower and moderate
income households.
SECTION 13. AMENDMENT TO CHAPTER 8.76
56
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 8 of 9
Dublin Municipal Code Section 8.76.050 is amended to add subsection D.3. to read as follows:
8.76.050 Adjustment to the Number of Parking Spaces
D. Parking Exception.
3. Near Public Transit. No off-street parking spaces shall be required for a residential,
commercial, or other development project, if the project is located within one-half mile of
public transit as defined in Section 2155 of the Public Resources Code, unless otherwise
authorized by Section 65863.2 of the Government Code.
Dublin Municipal Code Section 8.76.080 is amended to read as follows:
8.76.080 Parking Requirements by Use Type.
Except as provided in Section 8.76.050.D., the number of off-street parking spaces required for
the Use Types in this Chapter shall be as provided in this Section. Square footage requirements
are in terms of Gross Floor Area.
Dublin Municipal Code Section 8.76.080.B and Section 8.76.080.D are amended to revise the
parking requirements for the following use types:
B. Residential Use Types.Residential Use Types shall provide off-street parking spaces as
follows:
RESIDENTIAL USE
TYPES NUMBER OF PARKING SPACES REQUIRED
Community Care Facility 2 per dwelling
Emergency Shelter 1 parking space for each employee on the largest shift,not to exceed the parking
requirement for residential or commercial uses in the applicable zoning district
Supportive Housing 2 per dwelling
Transitional Housing 2 per dwelling
D. Commercial Use Types.Commercial Use Types shall provide off-street parking spaces as
follows:
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Community Care Facility 1 per 3 employees on largest shift, plus 1 per 3 beds
Supportive Housing 1 per 3 employees on largest shift, plus 1 per 3 beds
Transitional Housing 1 per 3 employees on largest shift, plus 1 per 3 beds
57
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 9 of 9
SECTION 14. AMENDMENT TO CHAPTER 8.104
Dublin Municipal Code Section 8.104.090.C. and Section 8.104.090.F. are amended to read as
follows:
8.104.090 Required Findings.
C. Except where the project is a “Housing Development Project” as defined in Government
Code Section 65589.5(h)(2), the design of the project is appropriate to the City, the vicinity,
surrounding properties and the lot in which the project is proposed.
F. Except where the project is a “Housing Development Project” as defined in Government Code
Section 65589.5(h)(2), architectural considerations including the character, scale and quality of
the design, site layout, the architectural relationship with the site and other buildings, screening
of unsightly uses, lighting, building materials and colors and similar elements result in a project
that is harmonious with its surroundings and compatible with other development in the vicinity.
SECTION 15. AMENDMENT TO CHAPTER 8.116
Dublin Municipal Code Section 8.116.020 is amended to add subsection L. to read as follows:
8.116.020 Applications Requiring a Zoning Clearance.
L. Single Room Occupancy Units.Single Room Occupancy Units that meet the standards
specified in Chapter 8.46 (Single Room Occupancy Requirement).
SECTION 16. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of
the State of California.
PASSED, APPROVED AND ADOPTED this __th day of _____ 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________
City Clerk
58
Attachment 3
1
Chapter 8.08
DEFINITIONS
8.08.020 Definitions (A-Z).
Community Care Facility/Large (use type).The
term Community Care Facility/Large shall mean a 24-hour residential facility licensed or
supervised by a federal, state or local health/welfare agency providing non-medical
care to unrelated persons who are disabled and in need of personal services,
supervision or assistance that is essential for sustaining the activities of daily living or
for the protection of the individual. This may include, for seven or more persons,
including the elderly persons,persons in an alcoholism or drug abuse recovery or
treatment program facility, persons with developmental disabilities in a facility for
mentally disordered, handicapped physically disabled persons or dependent and
neglected children, persons living in an intermediate care facility/developmentally
disabled-habilitative, intermediate care facility/developmentally disabled-nursing, and
congregate living health facilities. A Community Care Facility may be located in any
type of residence.
Community Care Facility/Small (use type).The
term Community Care Facility/Small shall mean a 24-hour
residential facility providing care for six or fewer persons including the elderly, persons
in an alcoholism or drug abuse recovery or treatment facility, persons in a facility for
mentally disordered, handicapped persons or dependent and neglected children,
persons in an intermediate care facility/developmentally disabled-habilitative,
intermediate care facility/ developmentally disabled-nursing, and congregate living
health facilities. A Community Care Facility may be located in any type of residence.
A Community Care Facility for six or fewer persons shall be considered a residential use
of property.
Family.The term Family shall mean one or more persons who live together in
occupying a dwelling and living as a single, non-profit housekeeping unit., including any
servants. This is distinguished from a group occupying a boarding
house, community care facility, supportive or transitional housing when configured as
group housing, hotel or motel, club, fraternity or sorority house.
Single Room Occupancy Units (use type).The term Single Room Occupancy Units
shall mean a building or buildings constructed or converted for residential living
consisting of one-room dwelling units with a minimum size of 150 square feet, where
each unit is occupied by a single individual or two persons living together as a domestic
unit, and where the living and sleeping space are combined. A one-room dwelling unit is
not required to contain a bathroom or a kitchen except that if a bathroom or kitchen is
not provided within the unit,such common facilities shall be provided on-site for
residents. A unit that contains both a bathroom and kitchen shall be considered a studio
unit and not a Single Room Occupancy Unit. Common facilities for laundry may or may
not be provided on-site.
Supportive Housing - Large (use type).The term Supportive Housing - Large shall
mean a dwelling unit housing with no limit on length of stay, that is occupied by a
59
Attachment 3
2
target population of 7 or more persons, with no limit on length of stay, and that is
linked to on-site or off-site services that assist the supportive housing resident(s) in
retaining the housing, improving their health status, and maximizing their ability to live
and, when possible, work in the community. A target population means persons,with
low incomes having one or more disabilities, including mental illness, HIV or AIDS,
substance abuse, or other chronic health conditions, or individuals eligible for services
provided under the Lanterman Developmental Disabilities Services Act (Welfare and
Institutions Code Section 4500) and may include, among other populations, adults,
emancipated youth, families, families with children, elderly persons, young adults aging
out of the foster care system, individuals exiting from institutional settings, veterans
and homeless people. including persons with disabilities, and families who are
“homeless,” as that term is defined by Section 11302 of Title 42 of the United States
Code, or who are “homeless youth,” as that term is defined by paragraph (2) of
subdivision (e) of Section 12957 of the Government Code.
Supportive Housing - Small (use type).The term Supportive Housing - Small shall
mean a dwelling unit occupied by a target population of 6 or fewer persons, with no
limit on the length of stay, that is linked to on-site or off-site services that assist the
supportive housing resident(s) in retaining the housing, improving their health status,
and maximizing their ability to live and, when possible, work in the community. A
target population means persons with low incomes having one or more disabilities,
including mental illness, HIV or AIDS, substance abuse, or other chronic health
conditions, or individuals eligible for services provided under the Lanterman
Developmental Disabilities Services Act (Welfare and Institutions Code Section 4500)
and may include, among other populations, adults, emancipated youth, families,
families with children, elderly persons, young adults aging out of the foster care
system, individuals exiting from institutional settings, veterans and homeless
people.Ord. 4-11 (April 2011)
Transitional Housing - Large (use type).The term Transitional Housing - Large
shall mean a dwelling unit occupied by 7 or more homeless persons or families, which is
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time which shall be no less than six months.
Transitional Housing - Small (use type).The term Transitional Housing - Small
shall mean a dwelling unit occupied by 6 or fewer homeless persons or families, which
is operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time which shall be no less than six months.
60
Attachment 3
3
Chapter 8.12
ZONING DISTRICTS AND PERMITTED USES OF LAND
8.12.050 Permitted and Conditionally Permitted Land Uses.
RESIDENTIAL USE TYPE A R-1 R-2 R-M C-
O
C-
N C-1 C-2 M-P M-1 M-
2
Community Care Facility/Small P P P P --C/PC C/PC C/PC C/PC -
Single Room Occupancy Units -------C/PC
P
---
Supportive Housing (Small)P P P P ---
C/PC
-
C/PC
-
C/PC
-
C/PC
-
Supportive Housing (Large)-C/PC C/PC C/PC --C/PC C/PC C/PC C/PC -
Transitional Housing (Small)P P P P ---
C/PC
-
C/PC
-
C/PC
-
C/PC
-
Transitional Housing (Large)-C/PC C/PC C/PC --C/PC C/PC C/PC C/PC -
COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Community Care Facility/Large -C/PC C/PC C/PC --C/PC C/PC C/PC C/PC -
Chapter 8.16
AGRICULTURAL ZONING DISTRICT
8.16.020 A (Agricultural Zoning District).
A. Use types permitted in A zoning district.Animal Keeping –
Residential,Community Care Facility/Small,Garage/Yard Sale, Mobile Home, Single
Family Residence, Small Family Day Care Home, Large Family Day Care Home,
Supportive Housing, Transitional Housing; similar and related uses; temporary uses;
and conditional uses. All Agriculture use types as shown in the Land Use Matrix require
a Conditional Use Permit by the Zoning Administrator.
Chapter 8.20
RESIDENTIAL ZONING DISTRICTS
8.20.020 Residential Zoning Districts.
A. R-1 (Single Family Residential Zoning District).
1. Intent.The R-1 zoning district is intended to provide for and protect
neighborhoods comprised of detached, single-family homes and residential use
types.compatible with a quiet, family-living environment.
2. Use types permitted in R-1 zoning district.Animal Keeping –
Residential, Community Care Facility/Small, Garage/Yard Sale, Mobile Home,
Single Family Residence, Small Family Day Care Home, Large Family
61
Attachment 3
4
Day Care Home, Supportive Housing, Transitional Housing;similar and related
uses; temporary uses; and conditional uses.
B. R-2 (Two Family Residential Zoning District).
1. Intent.The R-2 zoning district is intended to provide for and protect
neighborhoods comprised of single family dwellings, two family dwellings at have
development characteristics similar to single-family neighborhoods, duplexes, and
residential use types.compatible with a quiet, family-living environment.
2. Use types permitted in R-2 zoning district.Animal Keeping –
Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Mobile
Home, Multi-Family Residence, Single Family Residence, Small Family
Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional
Housing;similar and related uses; temporary uses; and conditional uses.
C. R-M (Multi-Family Residential Zoning District).
2. Use types permitted in R-M zoning district.The use types intended for
the R-M zoning district include Animal Keeping –
Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Multi-
Family Residence, Single Family Residence, Small Family Day Care Home, Large
Family Day Care Home, Supportive Housing, Transitional Housing;similar and
related uses; temporary uses; and conditional uses.
Chapter 8.24
COMMERCIAL ZONING DISTRICTS
8.24.020 Commercial Zoning Districts.
D. C-2 (General Commercial Zoning District).
2. Use types permitted in the C-2 zoning district.Ambulance Service,
Automobile/ Vehicle Brokerage, Automobile/Vehicle Rentals, Automobile/Vehicle
Repairs and Service, Banks and Financial Services, Building Materials Sales,
Copying and Blueprinting, Eating and Drinking Establishment, Health
Services/Clinics, Laboratory, Mini-Storage, Office – Contractor’s, Office –
Professional/Administrative, Parking Lot/Garage – Commercial, Personal Services,
Repair Shop, Retail – General, Retail – Neighborhood, Retail – Service, Single
Room Occupancy Units, and School – Commercial; similar and related uses;
temporary uses; and conditional uses.
Chapter 8.45
EMERGENCY SHELTERS
8.45.030 Development Standards and Regulations.
62
Attachment 3
5
A. Permitted in the M-1 (Light Industrial) Zoning District and Certain PD
(Planned Development) Zoning Districts.An Emergency Shelter may only be
established in the M-1 (Light Industrial) Zoning District and similar PD (Planned
Development) Zoning Districts if the project site has an Industrial Park or Business
Park/Industrial General Plan land use designation.
B. Compliance with M-1 (Light Industrial) Zoning District
Standards.An Emergency Shelter shall comply with all development standards and
regulations contained in Chapter 8.28 (Industrial Zoning Districts) and
Chapter 8.36 (Development Regulations) for an M-1 (Light Industrial) Zoning District.
An Emergency Shelter located within a PD (Planned Development) Zoning District shall
comply with all development standards and regulations contained within the approved
Development Plan for the PD Zoning District. Where the PD Zoning District does not
specify a development standard or regulation, the M-1 (Light Industrial) standards and
regulations shall apply.
C. Off-Street Parking.An Emergency Shelter shall comply with all applicable
provisions of Chapter 8.76 (Off-Street Parking and Loading Regulations).
D. On-Site Management and Security.On-site management and on-site security
shall be provided during the hours when the Emergency Shelter is in operation.
E. External Lighting.The Emergency Shelter shall provide external lighting in
accordance with building security requirements contained in Chapter 7.32 to maintain a
safe and secure environment.
F. Emergency Shelter Management Plan.The operator of
an Emergency Shelter shall prepare and submit a management plan to the Community
Development Director that includes, as applicable, the following: staff training to meet
the needs of shelter residents; community outreach; adequate security measures to
protect shelter residents and surrounding uses; services provided to assist residents
with obtaining permanent shelter and income; and screening of residents to ensure
compatibility with services provided at or through the shelter.
GF. Length of Stay.No individual or family shall reside in an Emergency Shelter for
more than 30 consecutive days.
H. Proximity to Public Transit and Services.An Emergency Shelter shall be
located near public transportation, supportive services and/or commercial services to
meet the daily needs of shelter residents. If necessary, an Emergency Shelter shall
ensure a means of transportation for shelter residents to travel to and from related
supportive services provided off-site.
I. Noise/Nuisances.All activities associated with an Emergency Shelter shall be
conducted entirely within the building. Noise shall be limited so as not to create an
adverse impact on surrounding uses. No loudspeakers or amplified sound shall be
placed or project outside of the shelter.
63
Attachment 3
6
J. City, County and State Requirements.An Emergency Shelter shall obtain and
maintain in good standing all required licenses, permits, and approvals from City,
County and State agencies or departments. An Emergency Shelter shall comply with all
County and State health and safety requirements for food, medical and other
supportive services provided on-site.
Chapter 8.46
SINGLE ROOM OCCUPANCY UNITS
8.46.020 Permitting Procedures.
A. C-2 (General Commercial) and Comparable PD (Planned Development)
Zoning Districts.Single Room Occupancy Units that meet the development standards
and regulations below shall be conditionally permitted in the C-2 Zoning District, or
comparable PD Zoning District, if the following development standards and regulations
are met: subject to a Zoning Clearance by the Community Development Director, which
shall be processed in accordance with Chapter 8.116 (Zoning Clearance).
1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made.
21. Common bathroom facilities are provided on-site if individual units do not
contain a bathroom.
32. Common kitchen facilities are provided on-site if individual units do not
contain a kitchen.
43. Individual Single Room Occupancy Units may contain either kitchen or
bathroom facilities, but shall not contain both.
54. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations).
65. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
76. All other applicable provisions of the Zoning Ordinance are met.
Chapter 8.47
SUPPORTIVE HOUSING
8.47.020 Permitting Procedures.
A. Supportive Housing – Small (6 or Fewer Persons in a Dwelling
Unit).Supportive Housing that provides shelter for 6 or fewer persons in a dwelling
unit, and such persons are identified as a target population, shall be a permitted use in
the A (Agricultural), R-1 (Single Family Residential), R-2 (Two Family Residential), R-M
64
Attachment 3
7
(Multi-Family Residential) and comparable PD (Planned Development) Zoning Districts if
the following development standards and regulations are met:
1. On-site or off-site services are provided to
assist Supportive Housing residents in retaining housing, improving their health
status, and maximizing their ability to live, and where possible, work in the
community.
2. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations).
3. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
4. All other applicable provisions of the Zoning Ordinance are met.
B A. Supportive Housing – Large (7 or More Persons in a Dwelling
Unit).Supportive Housing that provides shelter for 7 or more persons in a dwelling
unit, and such persons are identified as a target population, shall be conditionally
permitted in the A (Agricultural ),R-1 (Single Family Residential), R-2 (Two Family
Residential), and R-M (Multi-Family Residential), and conditionally permitted in the C-1
(Retail Commercial), C-2 (General Commercial), M-P (Industrial Park), M-1 (Light
Industrial) and comparable PD (Planned Development) Zoning Districts if the following
development standards and regulations are met:
1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made
when a Conditional Use Permit is applicable.
2. On-site or off-site services are provided to
assist Supportive Housing residents in retaining housing, improving their health
status, and maximizing their ability to live, and where possible, work in the
community.
3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations).
4. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
5. All other applicable provisions of the Zoning Ordinance are met.
Chapter 8.50
TRANSITIONAL HOUSING
8.50.010 Purpose and Intent.
The purpose of this Chapter is to provide procedures and standards to encourage and
facilitate the establishment of Transitional Housing.
65
Attachment 3
8
A. Transitional Housing – Small (6 or Fewer Persons in a Dwelling)
Unit).Transitional Housing that provides shelter for 6 or fewer persons in a dwelling
unit shall be a permitted use in the A (Agricultural), R-1 (Single Family Residential), R-
2 (Two Family Residential), R-M (Multi-Family Residential) and comparable PD (Planned
Development) Zoning Districts if the following development standards and regulations
are met:
1. The housing is operated under specific program requirements that call for the
termination of assistance and recirculation of the assisted unit to another eligible
program recipient at a predetermined future point in time which shall be no less
than 6 months.
2. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations).
3. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
4. All other applicable provisions of the Zoning Ordinance are met.
B A. Transitional Housing – Large (7 or More Persons in a Dwelling)
Unit).Transitional Housing that provides shelter for 7 or more persons in a dwelling
unit shall be conditionally permitted in the A (Agricultural ),R-1 (Single Family
Residential), R-2 (Two Family Residential), and R-M (Multi-Family Residential), and
conditionally permitted in the C-1 (Retail Commercial), C-2 (General Commercial), M-P
(Industrial Park), M-1 (Light Industrial) and comparable PD (Planned Development)
Zoning Districts if the following development standards and regulations are met:
1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made
when a Conditional Use Permit is applicable.
2. The housing is operated under specific program requirements that call for the
termination of assistance and recirculation of the assisted unit to another eligible
program recipient at a predetermined future point in time which shall be no less
than 6 months.
3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations).
4. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
5. All other applicable provisions of the Zoning Ordinance are met.
Chapter 8.52
DENSITY BONUS REGULATIONS
8.52.140 Density Bonus Application Review.
66
Attachment 3
9
E. If a request for a concession or incentive is otherwise consistent with this Chapter,
the approval body may deny a concession or incentive only if it makes a written finding,
based upon substantial evidence, of one or more of the following:
2. That the concession or incentive would have a specific adverse impact upon
public health or safety or the physical environment or on any real property that is
listed in the California Register of Historical Resources and/or National Register of
Historic Places, and there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact without rendering the development unaffordable to
lower and moderate income households.
F. If a request for a waiver or modification is otherwise consistent with this Chapter,
the approval body may deny a waiver or modification only if it makes a written finding,
based upon substantial evidence, of one of the following:
1. That the waiver or modification would have a specific adverse impact upon
health,or safety, or the physical environment,and there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without rendering the
development unaffordable to lower and moderate income households.
67
Attachment 3
10
Chapter 8.76
OFF-STREET PARKING AND LOADING REGULATIONS
8.76.050 Adjustment to the Number of Parking Spaces
D. Parking Exception.
3. Near Public Transit. No off-street parking spaces shall be required for a
residential, commercial, or other development project, if the project is located
within one-half mile of public transit as defined in Section 2155 of the Public
Resources Code, unless otherwise authorized by Section 65863.2 of the
Government Code.
8.76.080 Parking Requirements by Use Type.
Except as provided in Section 8.76.050.D., the number of off-street parking spaces
required for the Use Types in this Chapter shall be as provided in this Section. Square
footage requirements are in terms of Gross Floor Area.
B. Residential Use Types.Residential Use Types shall provide off-street parking
spaces as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Community Care Facility/Small 2 per dwelling
Emergency Shelter 1 parking space for every 20 beds plus 1 parking space for each
employee on the largest shift,plus 1 parking space for each company
vehicle not to exceed the parking requirement for residential or
commercial uses in the applicable zoning district
Supportive Housing – Small 2 per dwelling
Supportive Housing – Large 1 per 3 employees on largest shift, plus 1 per 3 beds
Transitional Housing – Small 2 per dwelling
Transitional Housing – Large 1 per 3 employees on largest shift, plus 1 per 3 beds
D. Commercial Use Types.Commercial Use Types shall provide off-street parking
spaces as follows:
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Community Care Facility/Large 1 per 3 employees on largest shift, plus 1 per 3 beds
Supportive Housing 1 per 3 employees on largest shift, plus 1 per 3 beds
Transitional Housing 1 per 3 employees on largest shift, plus 1 per 3 beds
Chapter 8.104
SITE DEVELOPMENT REVIEW
68
Attachment 3
11
8.104.090 Required Findings.
C. Except where the project is a “Housing Development Project” as defined in
Government Code Section 65589.5(h)(2), the design of the project is appropriate to the
City, the vicinity, surrounding properties and the lot in which the project is proposed.
F. Except where the project is a “Housing Development Project” as defined in
Government Code Section 65589.5(h)(2), architectural considerations including the
character, scale and quality of the design, site layout, the architectural relationship with
the site and other buildings, screening of unsightly uses, lighting, building materials and
colors and similar elements result in a project that is harmonious with its surroundings
and compatible with other development in the vicinity.
Chapter 8.116
ZONING CLEARANCE
8.116.020 Applications Requiring a Zoning Clearance.
L. Single Room Occupancy Units.Single Room Occupancy Units that meet the
standards specified in Chapter 8.46 (Single Room Occupancy Requirement).
69
HOUSING ELEMENT
IMPLEMENTATION –ZONING
ORDINANCE AMENDMENTS
Planning Commission Meeting
December 10, 2024
Background
•Housing Element one of seven mandatory
elements of General Plan
•Updated every eight years to demonstrate how
existing and projected housing need would be met
•November 15, 2022 -City Council approved draft
Housing Element
•January 19, 2024 -HCD certified Housing Element
Proposed Project
•City-initiated
amendments to Zoning
Ordinance
•Implement the following
Housing Element
Programs:
–B.3: Density Bonus
–B.10: Objective Design
Standards and Streamlined
Ministerial Review
–B.11: Transitional and
Supportive Housing
–B.12: Single Room
Occupancy Units
–B.17: Community Care
Facilities
–D.3: Emergency Shelters
–D.6: Parking Requirements
Near Transit
Proposed Amendments
•DMC Chapter 8.08 (Definitions)
–Remove reference to small and large in definition of
community care facility, supportive housing and
transitional housing and ensure definitions are
consistent with Government Code
–Update definition of family
–Update definition of single room occupancy (SRO) unit
Proposed Amendments
•DMC Chapter 8.12 (Zoning Districts and
Permitted Uses of Land)
–Remove reference to small and large community care
facility, supportive housing and transitional housing
–Allow by-right in residential districts
–Allow in commercial zoning districts with a CUP
–Permit SROs in C-2 district
Proposed Amendments
•DMC Chapters 8.16 (Agricultural Zoning
District), 8.20 (Residential Zoning Districts)
and 8.24 (Commercial Zoning Districts
–Amendments proposed to provide consistency
with amendments to land use matrix
Proposed Amendments
•DMC Chapter 8.45 (Emergency Shelters)
–Remove four development standards that are
inconsistent with state law
•DMC Chapter 8.46 (Single Room Occupancy
Units)
–Allow SROs in by-right in C-2 district subject to
ministerial review of Zoning Clearance
Proposed Amendments
•DMC Chapters 8.47 (Supportive Housing) and
8.50 (Transitional Housing)
–Remove reference to small and large
–Update where supportive and transition housing
are permitted by-right and where they require
approval of CUP
Proposed Amendments
•DMC Chapter 8.52 (Density Bonus
Regulations)
–Remove adverse impact to the physical
environment as reason to deny a request for:
•Concession or incentive
•Waiver or modification
Proposed Amendments
•DMC Chapter 8.76 (Off-Street Parking and
Loading Regulations)
–Add exception to off-street parking requirements for projects
located within one-half mile of public transit
–Update off-street parking requirements for community care
facilities, supportive housing and transitional housing to ensure
they are the same as would be applied to other residential uses
–Update parking off-street requirements for emergency shelters
Proposed Amendments
•DMC Chapter 8.104 (Site Development
Review)
–Add exception to two Site Development Review
findings to clarify that they would not apply to
housing projects subject to ministerial review
under SB 35 (Affordable Housing: Streamlined
Review)
Proposed Amendments
•DMC Chapter 8.116 (Zoning Clearance)
–Add SRO units as a project that requires
ministerial approval of Zoning Clearance
Recommendation
•Conduct a public hearing, deliberate, and adopt
the Resolution recommending City Council
approval of proposed Zoning Ordinance
Amendments