HomeMy WebLinkAboutAttachmt 4 Revised Chapters in Phase I
TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
TITLE, PURPOSE, AUTHORllrv AND ADMINISTRATION
CHAPTER 8.04
8.04.010
8.04.020
8.04.030
Title. This Title shall be known as the Zoning Ordinance of the City of Dublin, Title
8 of the Dublin Municipal Code, hereafter referred to as the "Zoning Ordinance."
Purpose. The purpose of this Zoning Ordinance is to promote and protect the
public health, safety, peace, comfort, conven ience and general welfare; to
preserve and enhance the aesthetic quality of th~ City by providing regulations to
ensure an appropriate mix of uses, and that each use relates properly to adjacent
uses in an orderly manner; establish the decision, the authority and powers for the
administration of the Zoning Ordinance; and for th e following specified purposes:
A.
Implement the General Plan and Specific Plans, and to guide and manage the
future growth of the City in accordance with those plans.
B.
Protect, retain, and enhance the character and ::;tability of existing development,
and to encourage orderly and beneficial new devEllopment.
C.
Provide adequate light, air, privacy, and convenience of access to property, and to
secure safety from fire and other dangers.
D.
Prevent overcrowding of the land and undue con~!estion of the population.
E.
Manage the distribution of population in accordance with the availability of the
natural resources, public facilities and services necessary to support a growing
City.
F.
Protect and preserve the natural environment of the City.
G.
Regulate the location, use, and design of structures and uses so as to reduce
hazards to the public resulting from the inappropriate location, use, or design of
structures and uses in relation to natural and built: hazards and resources, existing
structures and uses, and the existing or prospl~ctive traffic movements on the
City's roadway system.
H. Attain the physical, social, and economic advantages resulting from
comprehensive and orderly use and resource planning.
I.
Safeguard and enhance the appearance of the City.
Authority and General Plan Consistency.
A.
This Zoning Ordinance is enacted based on the c.uthority vested in the City by the
State, including, but not limited to, the State Constitution, Section 65000 and
subsequent sections of the California Government Code, the Fair Housing Act,
and the Health and Safety Code.
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City of Dublin Zoning Ordinance
Attachment 4
8.04.040
8.04.050
B.
TITLE, PURPOSE, AUTtlORITY AND ADMINISTRATION
Chapter 8.04
It is the policy of the City that the Zoning Ordinance be used to implement the
General Plan and Specific Plans. The Council intends that this Zoning Ordinance
be consistent with the General Plan and Specific Plans, and that any use or
development approved in compliance with this Zoning Ordinance also be
consistent with the General Plan and applicable Specific Plans.
Applicability of the Zoning Ordinance. This Zoning Ordinance applies to all
uses and development within the City as follows:
A.
New Uses, Building Permits, Structures, and Changes to Them. Compliance
with all of the following requirements, to the satisfaction of the Community
Development Director, is necessary for any person to lawfully establish a new use
or structure, issue a Building Permit, or to alter or replace any use or structure:
1. The proposed use must be allowed within the zoning district that applies to
the site.
2. The proposed use, structure, development, or related division of land must
be legal, and satisfy all applicable requirements and development
regulations of this Zoning Ordinance, including but not limited to, lot area,
lot dimensions, setbacks, distance between residences, maximum lot
coveraoe, common useable outdoor space, height limits, sign regulations,
and all other requirements of this Zoning Ordinance.
3. Any Permit or other approval required by the applicable zoning district or
other provision of this Zoning Ordinance must be obtained in compliance
with the requirements of this Zoning Ordinance, and any applicable
conditions of approval of that Permit must be met to the satisfaction of the
Community Development Director.
B.
Continuation of an Existing Use or Structure. It is unlawful and a violation of
the Code for a person to maintain the use of a parcel that violates any provision of
this Zoning Ordinance; provided, however, a use or structure that was lawfully
established before this Zoning Ordinance was enacted or before enactment of any
applicable amendment to this Zoning Ordinance, may continue, provided no
expansion or modification to said pre-existing Non-Conforming Use or Structure
shall be permitted, except as allowed by Chapter 8.140, Non-Conforming
Structures and Uses.
C.
Subdivision of Land. Any subdivision of land within the City occurring after the
effective date of this Zoning Ordinance shall be consistent with the minimum lot
size requirements, all other applicable requirements of this Zoning Ordinance, and
with Title 9, Subdivisions, of the Municipal Code.
Administrative Responsibility. Title 8, Zoning, ~,hall be administered by the City
Council, Planning Commission, Zoning Administrator, and Community
Development Director, as prescribed in this Chapter.
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City of Dublin Zoning Ordinance
TITLE, PURPOSE, AUTtlORITY AND ADMINISTRATION
Chapter 8.04
8.04.060 Community Development Director and Community Development
Department.
8.04.070
A.
Authority. The Community Development Director shall have administrative
authority over the Community Development Department. The Community
Development Director is designated as the appointing authority for personnel
purposes for the Community Development Department.
B.
Appointment. The Community Development Director shall be appointed by the
City Manager and shall serve at the discretion of lhe City Manager.
C.
Duties. The Community Development Department shall perform the duties and
functions prescribed in the Municipal Code and in California Government Code
Section 65103. Through its Director, the Department shall carry out any other
responsibilities assigned by the City Council, including but not limited to, the
administration and enforcement of the provisions of Title 8; the review of projects
pursuant to the requirements of Title 8 and the City of Dublin Environmental
Guidelines; and the day-to-day and long range management of the Department.
Except where otherwise provided in Title 8, the Community Development Director
may designate members of the Department staff to carry out his/her
responsibilities under this Title.
D.
Powers. The Community Development Director shall have the approval authority
over those matters as specifically provided by Titl13 8.
E.
Referral to Zoning Administrator and Planning Commission. At any point in
the project review process the Community Development Director may transfer
original hearing jurisdiction to the Zoning Administrator and Planning Commission
at his/her discretion because of policy implications, unique or unusual
circumstances, or the magnitude of the project. See Section 8.96.020.C, Permit
Procedures.
F.
Appeal. Decisions of the Community Development Director may be appealed as
provided in Chapter 8.136, Appeals.
Zoning Administrator.
A.
Authority. The Community Development Director shall serve as the Zoning
Administrator pursuant to the authority established by California Government Code
Section 65900 et. seq., and as established by this section.
B.
Appointment. The Community Development Director, at his/her discretion, may
designate a member of the Community Development Department staff to serve as
the Zoning Administrator.
C.
Duties and Supervision of the Zoning Administrator
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City of Dublin Zoning Ordinance
TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
8.04.080
8.04.090
1. Duties and Functions. The Zoning Administrator shall perform the duties
and functions prescribed in the Municipal Code in addition to those
assigned by the Community Development Director.
2. Designee. When the Community Development Director assigns the duties
of the Zoning Administrator to a staff person, that designee shall also
perform any additional duties in the Community Development Department
assigned by the Director as appropriatl3 to the personnel title of the
designee. The designee shall be subordinate and directly responsible to
the Director and/or any intermediate supervisory staff in the performance of
all duties other than those of Zoning Administrator, but shall not be
subordinate to, nor under the direction or control of the Director when
performing the duties of Zoning Administrator.
D.
Powers. The Zoning Administrator shall serve as a hearing officer and is
assigned the authority and original jurisdiction to investigate, consider, approve or
deny applications for Conditional Use Permits, Variances, and any other matters
as specifically provided by this Title.
E.
Referral to Planning Commission. At any point in the project review process the
Zoning Administrator may transfer original hearing jurisdiction to the Planning
Commission at his/her discretion because of policy implications, uniqueor unusual
circumstances, or the magnitude of the projBct. See Chapter 8.96, Permit
Procedures.
F.
Appeal. Decisions of the Zoning Administrator may be appealed as provided by
Chapter 8.136, Appeals.
Planning Commission. The duties of the Planni ng Commission are described in
Chapter 2.12 of the Municipal Code.
Project Review Committee.
A.
Appointment. The Project Review Committee sl1all consist of a representative of
such agencies and City departments that have an interest in a project and would
provide conditions of approval or other developmEmt standards.
B.
Authority/Land Use Permits. The Project Heview Committee shall review
Conditional Use Permits, Site Development ReviElws, Variances, Parcel Maps and
Tentative Maps being processed pursuant to TitlB 9, Subdivisions, and other land
use permits; advise the Community Development Department Staff on such
applications; and propose conditions of approval. The Project Review Committee
shall be chaired by the staff member assigned to the project being reviewed.
C.
Authority/Other Planning Actions. The Project Review Committee shall review
Planned Development Rezones, Zoning Ordinance Amendments and other
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City of Dublin Zoning Ordinance
TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
planning actions, to determine appropriate standards to include in ordinances and
planning documents.
8.04.100
Interpretation. The Community Development Director is assigned the
responsibility and authority to interpret the requimments of this Zoning Ordinance.
This Section provides rules for resolving questions about the meaning or
applicability of any part of this Zoning Ordinance.
A.
Language. The meaning and construction of wo'ds and phrases as set forth shall
apply throughout this Zoning Ordinance, except where the context of such words
or phrases clearly indicates a different mean in!; or construction. All underlined
terms contained in this Zoning Ordinance are defined in Chapter 8.160,
Definitions, of this Zoning Ordinance. Definitions contained in the Uniform Building
Code shall be applicable except when in conflict with definitions contained in
Chapter 8.160 of this Zoning Ordinance, in which case the Zoning Ordinance
definition shall apply. The following general rules of construction shall apply to the
textual provisions of this Zoning Ordinance:
1. Headings. The Section and subsection hl3adings of this Zoning Ordinance
do not govern, limit, modify, or in any manner affect the scope, meaning or
intent of any provision of this Zoning Ordinance.
2. Illustrations. In case of any difference of meaning or implication between
the text of any provision and any illustration, the text of the provision shall
control.
3. Shall, May, and Should. "Shall" iB always mandatory and not
discretionary. "May" is permissive and diBcretionary. "Should" is advisory
and not mandatory.
4. Tense, Number, and Gender. Words uBed in the present tense include
the past and future tenses. Words used in the singular include the plural,
and the plural the singular, unless the context clearly indicates the contrary.
The masculine and feminine genders are both inclusive of the masculine,
feminine, and neuter.
5. Conjunctions. Unless the context clearly indicates the contrary, the
following conjunctions shall be interpreted as follows:
"And" indicates that all connected items or provisions shall apply.
"Or" indicates that the connected items or proviSions may apply singly or in
any combination.
"Either. . . Or" indicates that the connectnd items or provisions shall apply
singly but not in combination.
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TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
6. Number of Days. Whenever a number of days is specified in this Zoning
Ordinance, in any permit, condition of appl"Oval or notice issued or given as
provided in this Zoning Ordinance, such number of days shall be construed
as calendar days, except that such time Ii mits shall extend to the following
business day where the last of the specified number of days falls on a
Saturday, Sunday or any City holiday.
7. Minimum Requirements. When interpreting and applying the regulations
of this Zoning Ordinance, all provisions shall be considered to be the
minimum requirements, unless stated otherwise.
8. Text Error. Where the Community Development Director determines
through review of the public record of a City Council hearing and action that
the text of this Zoning Ordinance is in error, the Community Development
Director shall have the authority to correGt the error to make the Zoning
Ordinance text consistent with the action of the City Council.
B. Zoning District Boundaries. If there is uncertainty about the location of any
zoning district boundary shown on the official zoning map, the following rules are
to be used in resolving the uncertainty.
1. Lot, Alley or Street Lines. Where zoning district boundaries
approximately follow lot, allev, or street lines, the lot lines and street and
alley centerlines shall be construed as the district boundaries.
2. Divided Parcel. If a zoning district boundary divides a parcel and the
boundary line location is not specified by distances printed on the zoning
map, the location of the boundary will bE' determined by using the scale
appearing on the zoning map.
3. Vacated or Abandoned Public Street or Alley. Where a public street or
allev is officially vacated or abandoned, the property that was formerly the
public street or alley will be included within the zoning district of the
adjoining property on either side of the centerline of the vacated or
abandoned public street or alley.
4. Physical Feature. Where a zoning district boundary is shown as
approximately following a physical feature such as a stream, drainage
channel, topographic contour line, power line, or railroad right-of-way, the
boundary location shall be determined by the Community Development
Director, based upon the character of the particular feature used as a
boundary.
5. Map Error. Where the Community Development Director determines
through review of the public record of a City Council hearing and action on
a rezoning that a zoning district boundary or other information on the official
zoning map has been drafted in error, the Community Development
City of Dublin Zoning Ordinance
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TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
Director shall have the authority to correct the error to make the official map
consistent with the action of the City Council.
C. Permitted Uses of Land. If a proposed use is not specifically included in 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 8.28, Industrial Zoning Districts or within a
Planned Development Zoning District the use shall not be allowed, except as
follows:
1. Permitted. The Community Development Director may determine that a
proposed use not included in the use types permitted by the above
Chapters is permitted if the Community Development Director finds all of
the following:
a. Characteristics and Activities. The characteristics of, and
activities associated with the proposed use are in substantial
conformity with those of one or more of the uses included in the use
types permitted by the zoning district, and will not involve a higher
level of activity, intensity, or population density than the uses
included in the use types permitted in the zoning district.
b. General Plan and Specific Plans. The proposed use will be
consistent with the goals, objectives and policies of the General Plan
and applicable Specific Plans.
c. Purpose of Zoning District. The proposed use will meet the
purpose of the zoning district in which it is located.
2. Referral to Planning Commission. The Community Development Director
may refer questions about proposed uses not included in this Zoning
Ordinance directly to the Planning Commission for a determination at a
public hearing.
3. Treated in Same Manner. When the Community Development Director or
the Planning Commission, as applicable, determines that a proposed, but
unincluded use is in substantial conformity with an included and therefore
permitted use, the proposed use will be tmated in the same manner as the
included use in determining where it is allowed, what permits or approvals
are required and what other standards and requirements of this Zoning
Ordinance apply.
D. Official Interpretations. Whenever the COllmunity Development Director
determines that the applicability or meaning of any of the requirements of this
Zoning Ordinance is unclear generally or as applied to a specific case, the
Community Development Director may issue an official interpretation. Official
interpretations shall be:
City of Dublin Zoning Ordinance
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TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
8.04.110
8.04.120
1. In writing, and shall quote the provisions of this Zoning Ordinance being
interpreted, together with an explanation of their meaning or applicability in
the particular or general circumstancEls that caused the need for
interpretation.
2. Distributed to the City Council, Planning Commission, City Attorney, City
Clerk, and Department staff.
Any Zoning Ordinance provisions that are determined by the Community
Development Director to be unclear (with the exception of text and map errors
addressed above) will be corrected by amending the Zoning Ordinance as soon as
is practical. Until amendments can occur, the Director shall maintain a complete
record of all official interpretations, available for public review, and indexed by the
number of the Zoning Ordinance Section that is the subject of the interpretation.
E.
Appeal and Referral. Any interpretations of this Zoning Ordinance by the
Community Development Director may be appealed as provided in Chapter 8.136,
Appeals. The Director may refer any interpretation of this Zoning Ordinance to the
Planning Commission for a decision at a public hearing.
Conflicting Requirements. The following provisions apply to conflicting
requirements of the Zoning Ordinance.
A.
Other Code Provisions. If conflicts occur be1:\veen requirements of this Zoning
Ordinance, or between this Zoning Ordinance and other regulations of the City, the
most restrictive shall apply.
B.
General Plan, Specific Plans. Where conflicts occur between this Zoning
Ordinance and the General Plan or Specific Plans, the provisions of the General
Plan and the Specific Plan shall apply.
C.
Private Agreements. It is not intended that the requirements of this Zoning
Ordinance interfere with, repeal, abrogate or annul any easement, covenant, or
other agreement that existed when this Zoning Ordinance became effective.
Where this Zoning Ordinance imposes a greater I"estriction on the Development or
use of structures or land than a private requirement, the provisions of this Zoning
Ordinance shall apply. Where a covenant or private agreement imposes a greater
restriction than this Zoning Ordinance, the provisions of this Zoning Ordinance
shall still apply without diminishing any private agreements or restrictions. The
City will not enforce any private covenant or agmement unless it is a party to the
covenant or agreement.
Joint Reference. Wherever a regulation is applied herein to any "A" zoning
district, it shall be understood to apply to any zoning district or "zone" designated
in Chapter 8.16, Agricultural Zoning District by the primary symbol "A". Wherever
a regulation is applied herein to any "R" zoning district it shall be understood to
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City of Dublin Zoning Ordinance
TITLE, PURPOSE, AUTt'ORITY AND ADMINISTRATION
Chapter 8.04
apply to any zoning district or "zone" designated in Chapter 8.20, Residential
Zoning Districts by the primary symbol "R". Wherever a regulation is applied
herein to any "C" zoning district it shall be understood to apply to any zoning
district or "zone" designated in Chapter 8.24, Commercial Zoning Districts by the
primary symbol "C". Wherever a regulation is applied herein to any "M" zoning
district it shall be understood to apply to any zoning district or "zone" designated in
Chapter 8.28, Industrial Zoning Districts by the primary symbol "M". Wherever a
regulation is applied herein to any "PD" zoning district it shall be understood to
apply to any zoning district or "zone" designated in Chapter 8.32, Planned
Development Zoning Districts by the primary symbol "PD". The "A", "R", "C", and
"M" zoning districts shall be understood to apply to any "PD" or Planned
Development zoning district if the ordinance establishing the PD zoning district
references that zoning district or where that zoning district is the most comparable
zoning district as determined the Community Devl310pment Director.
8.04.130
Partial Invalidation of Zoning Ordinance. If any article, Chapter, Section,
subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this
Zoning Ordinance is for any reason held to be invalid, unconstitutional or
unenforceable, these decisions shall not affect. the validity of the remaining
portions of this Zoning Ordinance. The Dublin City Council hereby declares that
this Zoning Ordinance and each article, Chapter, Section, subsection, paragraph,
subparagraph, sentence, clause, phrase and p:::>rtion thereof would have been
adopted irrespective of the fact that one or more of the portions of the Zoning
Ordinance be declared invalid, unconstitutional or unenforceable.
City of Dublin Zoning Ordinance
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ZONING DISTRICTS At;ID PERMITTED USES OF LAND
Chapter 8.12
CHAPTER 8.12 ZONING DISTRICTS AND PERMlrrED USES OF LAND
8.12.010
8.12.020
8.12.030
A.
Purpose. The purpose of this Chapter is to establish zoning districts, adopt an
official Zoning Map, show equivalent zoning districts between the new Zoning
Ordinance and the former Zoning Ordinance, determine permitted land uses and
conditionally permitted land uses, establish the decision making authority for the
conditionally permitted land uses, ensure the protection of the public health,
safety, and welfare; and to classify and regulate the use of land and structures
within the City of Dublin that will consistently implement the General Plan and
Specific Plans.
Zoning Districts Established. The City of Dublin shall be divided into zoning
districts which consistently implement the General Plan and Specific Plans. The
following zoning districts are established, and sha II be shown on the official Zoning
Map:
A Agricultural Zoning District
R-1 Single-Family Residential Zoning District
R-2 Two-Family Residential Zoning District
R-M Multi-Family Residential Zoning District
C-O Commercial Office Zoning District
C-N Neighborhood Commercial Zoning District
C-1 Retail Commercial Zoning District
C-2 General Commercial Zoning District
M-1 Light Industrial Zoning District
PD Planned Development Zoning DistriGt
Scarlett Court Overlay Zoning DistriGt
Historic Overlay Zoning District
Zoning Map Adopted.
The boundaries of the zoning districts establishl3d by Section 8.12.020 shall be
shown upon the map designated as the "City of Dublin Zoning Map" (hereafter
referred to as the "Zoning Map"), on file with the, City Clerk, and available at the
Community Development Department.
B.
The Zoning Map, together with all legends, symbols, notations, references, zoning
district boundaries, map symbols, and other information on the map has been
adopted by the City Council in compliance with California Government Code
Sections 65800 et seq., and is hereby incorporated into this Zoning Ordinance by
reference as though it were fully set forth here.
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City of Dublin Zoning Ordinance
ZONING DISTRICTS AND PERMITTED USES OF lAND
Chapter 8.12
The Zoning Map shall implement the adopted General Plan and Specific Plans.
C.
D.
Amendments to the Zoning Map shall follow the process established in Chapter
8.120, Zoning Ordinance Amendment.
8.12.040
Zoning District Conversion Table. The following zoning district conversion table
shows the equivalent zones of the new Zoning Ordinance and of the former
Zoning Ordinance:
New Zoning Ordinance Former ;Zoning Ordinance
A Agricultural District A Agricultural District
R-1 Single- Family Residential District R-1 Single- Family Residence District
R-2 Two- Family Residential District R-2 Two- Family Residence District
R-M Multi-Family Residential District R-3 Four- Family Dwelling District
R-M Multi-Family Residential District R-4 Multiple I~esidence District
PD Planned Development District PD Planned Development District
C-O Commercial Office District C-O Administrative Office District
C-N Neighborhood Commercial District C-N Neighborhood Business District
C-1 Retail Commercial District C-1 Retail Business District
C-2 General Commercial District C-2 General Commercial District
M-1 Light Industrial District M-P Industrial Park District
M-1 Light Industrial District M-1 Light Industrial District
M-1 Light Industrial District M-2 Heavy Industrial District
PD Planned Development District PD Planned Development District
Scarlett Court Overlay District Scarlett Court Overlay District
Historic Overlay District Historic Overlay District
8.12.50
Permitted and Conditionally Permitted Uses. The following "Land Use Matrix"
lists the permitted and conditionally permitted use types, as defined in Chapter
8.160, Definitions, in each Zoning District, and the- decision maker authority:
Table 12-1: land Use Matrix
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-1
Adult Business C/PC C/PC
Establishment - - - - - - -
Agricultural C/ZA - - - - - - - -
Housing
Agricultural Mobile C/ZA - - - - - - - -
Home
City of Dublin Zoning Ordinance
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ZONING DISTRICTS AND PERMITTED USES OF LAND
Chapter 8.12
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-1
Agricultural C/ZA - - - - - - - C/PC
Processing
Ambulance C/PC P P
Service - - - - - -
Animal and/or Bird
Keeping - C/ZA - - - - - - - -
Agricultural
Animal and/or Bird
Keeping - C/ZA - - - - - - - -
Commercial
Animal Keeping - P P P P - - - - -
Residential
Animal Sales and C/ZA C/PC C/PC C/PC
Services - - - - -
Arcade - - - - - - C/PC - -
Auction Yard - - - - - - - C/PC C/PC
Automobile and
Recreational - - - - P P P P -
Vehicle Brokerage
Automobile and
Recreational - - - - - - - P C/PC
Vehicle Rental
Automobile and
Recreational C/ZA C/ZA
Vehicle Repairs - - - - - - -
and Service
Automobile and
Recreational C/PC C/PC
Vehicle Sales and - - - - - - -
Service
AutomobileNehicle
Storage Lot - - - - - - - C/PC C/PC
(Permanent)
Banks and P P P P
- - - - -
Financial Services
Bed and Breakfast C/PC C/PC C/PC C/PC C/PC C/PC C/PC
Inn - -
Boarding House - C/ZA C/ZA C/ZA - - - - -
Building Materials - - - - - - P P -
Sales
City of Dublin Zoning Ordinance
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ZONING DISTRICTS A~ID PERMITTED USES OF LAND
Chapter 8.12
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-1
Car C/ZA C/ZA C/ZA
Wash/Detailing - - - - - -
Caretaker C/ZA C/PC C/PC C/PC
Residence - - - - -
Cemeteries,
Columbariums and C/PC - - - - - C/PC C/PC C/PC
Mortuaries
Commercial C/ZA P P
School - - - - -
Community Care - C/PC C/PC C/PC - - C/PC C/PC C/PC
Facility/Large
Community Care P P P P - - - - -
Facility/Small
Community - C/PC C/PC C/PC - - C/PC - -
Clubhouse
Community Facility C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC
Copying and - - - - P P P P -
Blueprinting
Crop Production C/ZA
Dance Floor - - - - - - C/PC C/PC C/PC
Day Care Center - C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC
(15+ children)
Drive-in/Drive- C/PC C/PC C/PC
through Business - - - - - -
Duplex - - P P - - - - -
Eating and
Drinking - - - - C/ZA C/ZA P P C/ZA
Establishment
Emergency C/PC C/PC C/PC C/PC C/PC
Shelters
Equipment and
Materials Storage - - - - - - - C/PC C/PC
Yard
Family Day Care
Homel Small (up to P P P P - - - - -
8 children)
Family Day Care
Home/Large (up to C/PC C/PC C/PC C/PC - - - - -
14 children)
City of Dublin Zoning Ordinance
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ZONING DISTRICTS AND PERMITTED USES OF LAND
Chapter 8.12
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-1
Film and
Photography P C/PC
Studio
Fortunetelling - - - - - - C/PC C/PC -
Garage - P - - - - - - -
Conversion
GaragelYard Sale P P P P - - - - -
Home Occupation P P P P - - - - -
Horse keeping C/ZA
Horse
Stable/Riding C/ZA
Academy
Hospital/Medical - - - C/PC - - C/PC C/PC -
Center
Hotel/Motel - - - - - - C/PC C/PC -
Housemover's C/PC
Storage Lot - - - - - - - -
Impound Yard - - - - - - - - C/PC
Industrial - Light - - - - - - - - P
Industrial Transfer/
StoragelTreatment - - - - - - - - C/PC
Facility
Laboratory - - - - P - - P P
Massage - - - - - C/PC C/PC C/PC -
Establishment
M in i-Storage - - - - - - - C/ZA C/ZA
Mobile Home P P P - - - - - -
Mobile Home/
Manufactured - C/PC C/PC - - - - - -
Home Park
Multi-Family - - P P - - - - -
Residence
Office - P P
Contractor's - - - - - - -
Office -
Professionall - - - - P P P P -
Administrative
City of Dublin Zoning Ordinance
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ZONING DISTRICTS AND PERMITTED USES OF LAND
Chapter 8.12
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-1
Outdoor Mobile C/ZA C/ZA C/ZA C/ZA C/ZA
Vendor - - - -
Outdoor Seating - - - - C/PC C/PC C/ZA C/ZA -
Parking Lot - - C/ZA C/ZA C/ZA - - - - -
Residential
Parking Loti
Commercial - - - - C/PC C/PC P P C/PC
Garage
Personal Services - - - - - P P P -
Plant Nursery C/PC C/PC - - - - C/PC C/PC -
Printing and - - - - - - - - P
Publishing
Recreational C/ZA C/ZA C/ZA
Facility/lndoor - - - - - -
Recreational C/PC C/PC C/PC C/PC
Facility/Outdoor - - - - -
Recycling Facility - - - - - - C/PC C/PC C/PC
Repair Shop - - - - - P P P P
Research and
Development - - - - P - - - P
Laboratory
Residential Use
Secondary to - - - - C/PC C/PC -
Commercial Use
Retail - General - - - - - - P P -
Retail - P P P
Neighborhood - - - - - -
Retail - Outdoor C/PC C/PC
Storage - - - - - - -
Salvage and - - - - - - - - C/PC
Wrecking Yard
Second Unit - P - - - - - - -
Service Station - - - - - C/PC C/PC C/PC C/PC
Single-F amily P P P P - - - - -
Residence
Small Scale
Transfer and - - - - - - - - C/PC
Storage Facility
City of Dublin Zoning Ordinance
12-6
Month Year
ZONING DISTRICTS AND PERMITTED USES OF LAND
Chapter 8.12
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-1
Storage of
Petroleum CIZA P P
Products for On- - - - - - -
Site Use
Transitional P P
Housing
Trucking Terminal - - - - - - - - P
Warehousing and - - - - - - - P P
Distribution
KEY/DECISIONMAKER AUTHORITY
Not Permitted -
Permitted P
Conditional Use Permit/Zoning C/ZA
Administrator
Conditional Use Permit/Planning C/PC
Commission
8.12.060
Permitted and Conditionally Permitted Uses in the Planned Development and
Overlay Zoning Districts. The following providE~S for permitted and conditionally
permitted Uses and for decision maker authority in these districts.
A.
Planned Development Zoning District. Permitted uses and decision maker
authority are as provided in Chapter 8.32, Planred Development Zoning District,
and in the Ordinance for each Planned Development.
B.
Overlay Zoning Districts. Overlay zoning districts are a designation in addition to
standard zoning districts, as specified in the Ordinance establishing the Overlay
Zoning District. Permitted and conditionally permitted uses and decision maker
authority shall be as provided in the underlying standard zoning district, except as
modified in the Ordinance establishing the Overlay' Zoning District.
City of Dublin Zoning Ordinance
12-7
Month Year
AGRICULTURAL ZONING DISTRICT
Chapter 8.16
AGRICULTURAL ZONING DISTRICT
CHAPTER 8.16
a e - . ~gncu tura onmg Istnct enera eve opmen an ar s
Development Feature A
Minimum Lot Size 100 Acres
Minimum Lot Width and 300 Feet
Frontage
Minimum Lot Depth N/A
8.16.010
G.
I.
8.16.020
Purpose. The purpose of this Chapter is to eslablish regulations which achieve
the following:
A.
Preserve and protect agricultural lands that are being used for the commercial
production of agricultural commodities consistlmt with the General Plan and
applicable Specific Plans and appropriate standards of public health, safety,
welfare, and aesthetics.
B.
Restrict the Use of the land in the Agricultural Zoning District to Crop Production,
the raising of livestock, poultry and other animal8 and to similar and related Uses
compatible with agricultural operations.
C.
Encourage agricultural Uses in places where more intensive Development is not
desirable or necessary for the public welfare.
D.
Encourage compatibility of all Agriculture Use Types with the surrounding
neighborhood.
E.
Encourage compatibility of farm Buildings with the surrounding neighborhood.
F.
Prohibit land Uses that are not compatible with commercial agricultural operations.
Preserve open space values and lands reserved for open space purposes.
H.
Ensure adequate light, air, privacy, and open space for each Dwelling.
Minimize traffic congestion and avoid the overloading of public services and
utilities.
Agricultural Zoning District General Development Standards. The following
area, yard and bulk requirements apply to A (Agricultural) Zoning District:
T bl 16 1 A .
t St d d
IZ
D.
G
10
16-1
Month 2008
City of Dublin Zoning Ordinance
AGRICULTURAL ZONING DISTRICT
Chapter 8.16
Development Feature
A
Setbacks
SeeC
allowed
0, Development Regulations, for
ns and encroachments into setbacks
F rant
50 Feet
Side
30 Feet
Street Side
50 Feet
Rear
50 Feet
Minimum Distance Between
Residences
100 Feet
Maximum lot Coverage
N/A
Height Limits
25 feet and 2 stories (may be increased to 35 feet and
2 stories pursuant to Site Development Review
approval by the Plannin$) Commission). See Chapter
8.44, Development Regulations for exceptions to
height limits.
Residential Accessory
Structures
See Chaptli:}r6.46, ACC4~SSOry Structures and Uses
Permitted and Conditionally
Permitted land Uses
land uses for the A Zoning District shall be as set forth
in the land Use Matrix in Section 8.12.050
Performance Standards
See Chapter 8.44, Performance Standards
See Section 8.76.080, Parking Requirements by Use
Type
Parking
8.16. 030 A (Agricultural) Zoning District General Requirements.
A. General Plan Consistency. The A Zoning District is consistent with the Rural
Residential/Agriculture and Open Space designations of the General Plan.
B. Regulations. All land Uses in the A Zonin!J District shall comply with all
applicable regulations set forth in this Zoning Ordinance and in the Municipal
Code.
City of Dublin Zoning Ordinance
16-2
Month 2008
REBIDENTIAL ZONING DISTRICTS
Chapter 8.20
RESIDENTIAL ZONING DISTRICTS
CHAPTER 8.20
8.20.010
8.20.020
Purpose. The purpose of this Chapter is to establish regulations for the R-1
(Single Family Residential) Zoning District, R-2 (Two-Family Residential) Zoning
District and the R-M (Multi-Family Residential) Zoning District which achieve the
following:
A.
Reserve neighborhood areas for residential Iivinq with a broad range of dwelling
unit densities consistent with the General Plan and applicable Specific Plans and
appropriate standards of public health, safety, we fare, and aesthetics.
B.
Ensure adequate light, air, privacy, and open space for each dwelling.
C.
Minimize traffic congestion and avoid the overloading of public services and
utilities.
D. Protect residential neighborhoods from excessive noise, illumination,
unsightliness, odor, smoke, and other objectionable influences.
E. Facilitate the provision of public improvements with anticipated increases in
population, dwelling unit densities, and service requirements.
F. Promote high standards of site planning and landscape design for residential
developments within the City.
G. Provide lands to accommodate housing units which meet the diverse economic
and social needs of the residents and 10catin;J developments to achieve the
following:
1. Retain the scale and character of existing residential neighborhoods.
2. Facilitate the upgrade of declining and mixed-density residential
neighborhoods.
3. Allow expansion into vacant and low-intem;,ity use lands within infrastructure
and environmental constraints.
Residential Zoning Districts General Development Standards. The following
area, yard, bulk and other requirements apply to R-1 (Single Family), R-2 (Two
Family Residence) and R-M (Multi-Family) Zoning Districts:
Table 20-1: Residential Zoning Districts General Development Standards
Development Feature R-1 I 1~-2 ., RM
Minimum Lot Size
Minimum Lot size is noted on the Zoning Map as a suffix to
the map symbol (Le. R-1-5,OOO)
20-1
Month Year
City of Dublin Zoning Ordinance
REl)IDENTIAL ZONING DISTRICTS
Chapter 8.20
Development Feature R-1 R-2 RM
Minimum Lot Width and
Frontage (All Lots)
Interior Lot 50 Feet 80 Feet 50 Feet
Corner Lot 60 Feet 90 Feet 60 Feet
Cui de Sac Lots 30 Feet 80 Feet 50 Feet
Minimum Lot Depth 100 Feet
Setbacks See Chapter 8.44, Development Regulations, for allowed
projections and encroachments into setbacks
Front 20 Feet Average 20 Feet
18 Feet Minimum
Minimum of 5 feet
plus one foot for
each full 10 feet by
Side which the lot width 1 0 Feet 10 Feet*
exceeds the
minimum lot width
up to a maximum of
1 0 feet
Street Side 10 Feet 10 Feet 10 Feet
Rear 20 Feet 20 Feet 30 Feet
Minimum Distance Between 10 Feet 20 Feet 20 Feet
Residences
Maximum Lot Coverage 40% 1 story, 35% 2 stories
Height See Chapter 8.40, Development Regulations, for exceptions
to hei~lht limits
4 or fewer dwelling
25 feet and 2 stories (may be units (DU)=35 Feet
Height Limits increased to 35 feet and 2 stories 5 or more DU=45
pursuant to Site Development Review Feet or up to 75
approval by the Zoning Administrator) Feet if lot coverage
is less than 35%
City of Dublin Zoning Ordinance
20-2
Month Year
RE:SIDENTIAL ZONING DISTRICTS
Chapter 8.20
Development Feature R-1 I R-2 RM
Accessory Structures See Chapter 8.46, Acce,ssory Structures and Uses
Common Usable Outdoor N/A 30% of Net Site
Space Area
Front Yard Paving See Chapter 8.72, landscaping and Fencing Regulations
Parking See Section 8.76.080, Parking Requirements by Use Type
Performance Standards See Chapter 8.44, Performance Standards
Permitted and Conditionally See Section 8.12.050, land Use Matrix
Permitted Land Uses
Transitional Housing See Chapter 8.50, Transitional Housing and Emergency
Shelters
* Buildings with four or more residences shall have a 15 Foot Side Yard on one side.
8.20.030
Residential Zoning Districts General Requirements.
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 quiHt, family-living environment.
2. General Plan Consistency. The R-1 Zoning District is consistent with the
low-Density, low-Density Single-Family, Single-Family Residential, and
Medium Density Residential designations of the General Plan.
3. Substandard Parcels. Dwelling units which were legally constructed with
setbacks or on lot sizes which do not conform to this Zoning Ordinance
are allowed to remain on the site. Additions to the structure which conform
to the existing setbacks will also be permitted where allowed by the
Building Code. Should the dwelling unit be damaged due to a fire or
natural disaster, the dwelling unit will be permitted to be reconstructed to
the existing, approved condition as allowed by Chapter 8.140, Non-
Conforming Structures and 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
that have development characteristics similar to single-family
City of Dublin Zoning Ordinance
20-3
Month Year
RESIDENTIAL ZONING DISTRICTS
Chapter 8.20
neighborhoods, duplexes and residential use types compatible with a quiet,
family-living environment.
2. General Plan Consistency. The R-2 Zoning District is consistent with the
Medium Density Residential, and Medium/High Density Residential
designations of the General Plan.
C. R-M (Multi-Family Residential) Zoning District.
1. Intent. The R-M Zoning District is intended to provide for and protect
neighborhoods comprised of single family, two family and multi-family
residences that are clustered to provide generous open space areas for
common use, and that are generally closH to transit, shopping, and public
facilities.
2. General Plan Consistency. The R-M Zoning District is consistent with the
Medium Density Residential, Medium/High Density Residential, and High-
Density Residential designations of the General Plan.
City of Dublin Zoning Ordinance
20-4
Month Year
COMMERCIAL ZONING DISTRICT
Chapter 8.24
COMMERCIAL ZONING DISTRICTS
CHAPTER 8.24
8.24.010
8.24.20
Purpose. The purpose of this Chapter is to establish regulations for the C-Q
(Commercial Office) Zoning District, C-N (Neighborhood Commercial) Zoning
District, C-1 (Retail Commercial) Zoning District and C-2 (General Commercial)
Zoning District which achieve the following:
A.
Provide appropriate commercial areas for retail and service establishments,
neighborhood convenience and office uses requi red by the residents of the City in
a manner consistent with the General Plan and applicable Specific Plans.
B.
Provide adequate space to meet the needs of ccmmercial development, including
off-street parking and loading.
C.
Minimize traffic congestion and avoid the overloading of public services and
utilities.
D.
Protect commercial areas from excessive noise, illumination, unsightliness, odor,
smoke, and other objectionable influences.
E.
Facilitate the provision of public improvements commensurate with anticipated
increases in population and the need for retail and service establishments.
F.
Promote high standards of site planning and landscape design for commercial and
office developments within the City.
G.
Provide employment opportunities for existing and future residents of the City and
those of adjacent communities.
H.
Provide for land uses which meet the needs of and attract regional populations, in
addition to local residents.
I.
Ensure compatibility with adjacent land uses.
Commercial Zoning Districts General Development Standards. The following
area, yard, bulk and other requirements apply to C-Q (Commercial Office), C-N
(Neighborhood Commercial), C-1 (Retail Commercial) and C-2 (General
Commercial) Zoning Districts:
Table 24-1: Commercial Zonin
Development Feature
C-O
ment Standards
C-2
Minimum Lot Size
Interior Lot
10,000 sq. ft. I 5,000 sq. ft.
5,000 sq. ft.
6,000 sq. ft.
24-1
Month 2008
City of Dub/in Zoning Ordinance
COMMERCIAL ZONING DISTRICT
Chapter 8.24
Development Feature
C-O
C-2
Permitted and
Conditionally Permitted
Land Uses
Accessory Structures and
Uses
See
Structures and Uses
Parking
See Section 8.76.080 Parking Requirements by Use Type
8.24.030
Commercial Zoning Districts General Regulations.
A.
C-O (Commercial Office) Zoning District.
1. Intent. The C-O Zoning District is intended to provide for the continued use,
expansion, and new development of c:ommercial office use types in
proximity to major transportation corridors, and to ensure compatibility with
adjacent residential and commercial uses.
2. Use Types Conducted Entirely Within a Building. All use types
permitted in the C-O Zoning District sha I be conducted entirely within a
structure except where allowed pursuant to a Conditional Use Permit.
3. General Plan Consistency. The C-O Zoning District is consistent with the
Retail/Office, Campus Office, and Business Park/Industrial designations of
the General Plan.
B. C-N (Neighborhood Commercial) Zoning District.
1. Intent. The C-N Zoning District is intended to provide for the continued use,
expansion, and new development of small scale, low-intensity
neighborhood commercial use types whic:h serve and are in proximity to
residential neighborhoods throughout the City, and to ensure compatibility
with adjacent residential and commercial uses.
2. Use Types Conducted Entirely Withi n a Building. All use types
permitted in the C-N Zoning District shall be conducted entirely within a
structure except where allowed pursuant to a Conditional Use Permit.
3. General Plan Consistency. The C-N Zoning District is consistent with the
Retail/Office and Neighborhood Commercial designations of the General
Plan.
City of Dublin Zoning Ordinance
24-3
Month 2008
COMMERCIAL ZONING DISTRICT
Chapter 8.24
Development Feature C-o C-N C-1 C-2
Corner Lot 11,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. 7,000 sq. ft.
..
Minimum Lot Width and
Frontage
Interior Lot 70 Feet 50 Feet 50 Feet 50 Feet
Corner Lot 80 Feet 60 Feet 60 Feet 60 Feet
Minimum Lot Depth 10HFeet
Setbacks S~e Qha~ter 8,40, [)eVe!opmenf Regulations, for aUow~d
prQjeetions and eneroachrrlentsinto setbacks
0 Feet (except where abutting
a Residential, C-O or C-N
Front 20 Feet 20 Feet Zoning District, the setback is
the same as the adjacent
Zoning District)
0 Feet (except where abutting a Residential
Side 10 Feet Zoning District, the setback is the same as the
Residential Zoning District)
0 Feet (except where abutting
a Key Lot in any Residential,
Street Side 10 Feet 10 Feet C-O or C-N Zoning District, the
setback shall be not less than
%the require front yard
setback for the Key Lot)
0 Feet (except where abutting a Residential
Rear 10 Feet Zoning District, the setback is the same as the
Residential Zoning District)
Height See Chapter 8.40, Developm~ntRegulations, for height
exeeptions
35 Feet when site is within 50
feet of a Residential Zoning
Maximum Height 35 Feet District
45 Feet for all others
Performance Standards See Chapter 8.44, Pl~rformance Standards
City of Dublin Zoning Ordinance
24-2
Month 2008
COMMERCIAL ZONING DISTRICT
Chapter 8.24
C. C-1 (Retail Commercial) Zoning District.
1. Intent. The C-1 Zoning District is intended to provide for the continued use,
expansion, and new development of retail commercial use types along
major transportation corridors and intersections, and to ensure compatibility
with adjacent residential and commercial uses.
2. Use Types Conducted Entirely Within a Building. All permitted or
conditionally permitted use types in tho C-1 Zoning District shall be
conducted entirely within a structure excElpt where allowed pursuant to a
Conditional Use Permit.
3. General Plan Consistency. The C-1 Zoning District is consistent with the
Retail/Office and General Commercial designations of the General Plan
D. C-2 (General Commercial) Zoning District.
1. Intent. The C-2 Zoning District is intended to provide for the continued use,
expansion, and new development of general commercial use types along
major transportation corridors and intersections, and to ensure compatibility
with adjacent residential and commercial uses.
2. Use Types Conducted Entirely Within a Building. All permitted or
conditionally permitted use types in tho C-2 Zoning District shall be
conducted entirely within a structure excE~pt where allowed pursuant to a
Conditional Use Permit.
3. General Plan Consistency. The C-2 Zoning District is consistent with the
Retail/Office, General Commercial, Retail/Office and Automotive, and
General Commercial/Campus Office designations of the General Plan.
City of Dublin Zoning Ordinance
24-4
Month 2008
I NDUSTRIAL ZONING DISTRICT
Chapter 8.28
CHAPTER 8.28
8.28.010
8.28.020
INDUSTRIAL ZONING DISTRICT
Purpose. The purpose of this Chapter is to establish regulations for the M-1 (Light
Industrial) Zoning District which achieve the following:
A.
Provide appropriate industrial areas to accommodate enterprises engaged in
manufacturing, processing, creating, repairing, renovating, painting, cleaning, or
assembling of goods, merchandise, or equipment and office uses, required by the
residents of the City, in a manner consistent with the General Plan and applicable
Specific Plans.
B.
Provide adequate space to meet the needs of industrial development, including
off-street parking and loading.
C.
Minimize traffic congestion and avoid the overloading of public services and
utilities.
D.
Protect industrial areas from excessive noise, illumination, unsightliness, odor,
smoke, and other objectionable influences. This protection will be obtained by
requiring screening of unsightly and otherwise disrupting uses from public view
including storage, assembly and equipment.
E.
Facilitate the provision of public improvements commensurate with anticipated
increases in population, and need for industrial establishments.
F.
Promote high standards of site planning and landscape design for industrial
developments within the City.
G.
Provide employment opportunities for existing and future residents of the City and
those of adjacent communities.
H.
Provide for land uses which meet the needs of and attract regional populations, in
addition to local residents.
I.
Promote a mix of industrial uses that provide the City with a sound and diverse
industrial base.
J.
Ensure compatibility with adjacent land uses.
K.
The Industrial Zoning District is intended to provide for the continued use,
expansion, and new development of light industrial use types in proximity to major
transportation corridors, and to ensure compatibility with adjacent residential and
commercial uses.
Industrial Zoning District General Development Standards. The following area,
yard and bulk requirements apply to the M-1 (Lig~t Industrial) Zoning District:
28-1
Month Year
City of Dublin Zoning Ordinance
INDUSTRIAL ZONING DISTRICT
Chapter 8.28
Table 28-1: Industrial District General Deve clpment Standards
Development Feature
M-1
Minimum Lot Area (All Lots)
Minimum Lot Width and
Frontage (All Lots)
20;000 sq. ft.
'100 Feet
Minimum Lot Depth
'100 Feet
Setbacks
See Chapter 8.40 for allowed projections and
encroachments into setbacks
Front
10 Feet
Side
10 Feet
Street Side
10 Feet
Rear
20 Feet
Landscape Buffer
A minimumJO foot wide landscape~uff~r$haU
be pro"idecla.long all roadways (b~ffer shall
includeJandscaping elements such as trees,
shrubs andgroundcover and sha.1I not Jnclude
sidewalks or other paving).
See Chapter 8.44, Development Regulations,
for exceptions to height
Height Limits
Maximum Height
45 Feet
Parking
See Section 8.76.080 Parking Requirements
by Use Type
Performance Standards
See Chapter8.44, Performance Standards
Permitted and Conditionally
Permitted Land Uses
See Section 8.12.050, land Use Matrix
8.28.030
M-1 (Light Industrial) Zoning District General Hegulations.
A.
Open Storage/Parking Regulations.
City of Dub/in Zoning Ordinance
28-2
Month Year
IUDUSTRIAL ZONING DISTRICT
Chapter 8.28
1. Enclosure. Open areas used for storage, parking and/or loading of
vehicles shall be enclosed by a solid wall or fence not less than 6 feet in
height with solid entrance and exit gates.
2. Stacking. Material shall be located behind a solid fence or wall which is a
minimum of 6 feet in height and shall not be stacked so that they are taller
than 6 feet above grade at any point.
3. Grading and Drainage. All open storage and parking areas shall be paved
with all-weather paving and adequately graded and drained.
B. General Plan Consistency. The M-1 Zonin~1 District is consistent with the
Business Park/Industrial, Business Park/Industrial and Outdoor Storage and
Retail/Office and Automotive designations of the General Plan.
City of Dublin Zoning Ordinance
28-3
Month Year
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
CHAPTER 8.34
SCARLETT COURT OVERLAY ZONING DISTRICT
8.34.010
8.34.020
8.34.030
8.34.040
Purpose. The purpose of this Chapter is to establish a procedure to ensure that
all development in the Scarlett Court Overlay Zoning District is reviewed for
substantial compliance with the Scarlett Court Design Guidelines and to:
A.
Enhance the aesthetics of the Scarlett Court AreCi.
B.
Guide the design of future development and improvements to reinforce the
Scarlett Court Design Guidelines.
C.
Improve the public realm to create a positive pedestrian experience, enhance the
area's image, and create a unique sense of place.
Applicability. The Scarlett Court Overlay Zoning District is a designation in
addition to the M-1 (Light Industrial) or C-2 (General Commercial) Zoning District
that each property in the area retains. The standard Zoning District contains all
information regarding permitted and conditionally permitted uses, development
standards, and regulations, while the Scarlett Court Overlay provides a
mechanism to review development on any of the properties in the District for
substantial compliance with the Scarlett Court Design Guidelines.
Projects Subject to Compliance with this Chapter:
A.
New Construction. Any new construction or additions to an existing structure
that alter the exterior appearance of the build inn. Internal tenant improvements
are not subject to compliance with this Chapter.
B.
Exterior Modification of an Existing Structure. Any exterior modification of an
existing structure, including but not limited to, colors, building materials, roofing
materials, facade renovation, new, replacement or additional windows and doors
(with frames), roof or ground-mounted mechanical equipment and exterior
appurtenances.
C.
Modification to Site Layout. Any modification to site layout or site
improvements, including but not limited to, parking, walls, fencing, circulation,
accessory structures, or trash enclosures.
D.
Landscape Modifications. Any modifications to landscaping.
E.
Signage. Installation of new signage or replacement of sign copy.
Application. The Applicant shall submit a complete Site Development Review
application pursuant to Chapter 8.124, Applications, Fees and Deposits,
accompanied by a fee and such materials as required by the Community
Development Director.
34-1
Month Year
City of Dublin Zoning Ordinance
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
8.34.050
8.34.060
8.34.070
8.34.080
8.34.090
Notice Of Decision. A Notice of Decision shall be given consistent with Chapter
8.132, Notice and Hearings. No public hearing il:. required for a Site Development
Review unless the application is being considered concurrently with another
permit which requires a public hearing.
Concurrent Consideration. When a Site Development Review is required for a
project that is also subject to a Conditional Use Permit and/or Variance, it shall be
approved, conditionally approved, or denied by tile same decision-maker or body
for those actions.
Required Findings. The following findings shall all be made in order to approve
an application for a Site Development Review in lhe Scarlett Court Overlay Zoning
District:
A.
Approval of the application is consistent with the purpose of this Chapter.
Any approval complies with the policies of the General Plan, with the development
regulations and performance standards established for the underlying Zoning
District in which it is located, and with all other requirements of the Zoning
Ordinance.
B.
C.
The approval will not adversely affect the health or safety of persons residing or
working in the vicinity, or be detrimental to the public health, safety and general
welfare.
D.
The design of the project will provide a desirable environment for the development
and an attractive environment for the public.
E.
The project is in substantial compliance with all applicable chapters of the Scarlett
Court Design Guidelines.
Action. The decision maker for a Site Development Review applications shall be
the Community Development Director (or his/her designee), except as provided in
Section 8.34.060, Concurrent Consideration, of this Chapter. The Community
Development Director may, based on evidence in the public record, and on the
findings above, make an administrative decision to approve, conditionally approve,
or deny a Site Development Review application.
Amendment. The process for amending a Sitl:! Development Review approval
shall be the same as the process for approving a Site Development Review
application. The decision-maker for the Site Development Review amendment
shall be the same decision-maker that ultimately approved the Site Development
Review including approval on appeal. The Community Development Director or
hislher designee may grant a Site Development Review Waiver for applications
approved by another decision-maker or body upon the determination that the
34-2
Month Year
City of Dublin Zoning Ordinance
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
8.34.100
8.34.110
8.34.120
8.34.130
modification is a minor project and in accordance with Sections 8.34.100 and
8.34.110.
Waiver to an Approved Site Development Review in the Scarlett Court
Overlay Zoning District. The Community Development Director or his/her
designee may allow a minor change to an approved Site Development Review as
a Waiver upon determining the following. It is net the intent of this Chapter that a
series of Site Development Review Waivers be used to circumvent the need for
full and complete Site Development Review.
A.
The proposed change is in substantial confo'mance with the approved Site
Development Review.
B.
The proposed. change is minor in scope.
C.
The proposed change is Categorically Exempt from or not otherwise subject to the
California Environmental Quality Act.
D.
The proposed change is consistent with the conditions of approval for the Site
Development Review and is substantially consistt~nt with the Scarlett Court Design
Guidelines.
Waiver For a Project That Does Not Have an Approved Site Development
Review. The Community Development Director or his/her designee may allow a
minor change to an existing site or building in the Scarlett Court Overlay Zoning
District that does not have an approved Site Dt~velopment Review as a Waiver
upon determining the following. It is not the intent of this Chapter that a series of
Site Development Review Waivers be used to :ircumvent the need for full and
complete Site Development Review.
A.
The proposed change is minor in scope.
B.
The proposed change is Categorically Exempt from or not otherwise subject to the
California Environmental Quality Act.
c.
The proposed change is substantially consistent with the Scarlett Court Design
Guidelines.
Scarlett Court Design Guidelines. The Scarlett Court Design Guidelines
adopted by the City Council on May 1, 2007 by Resolution 54-07, and as may be
amended thereafter, shall be used to guide the review of Site Development
Review applications in the Scarlett Court Overlay Zoning District.
Building Permits. Building Permits shall not be issued except in accordance with
the terms and conditions of the Site Developmenl Review approval.
34-3
Month Year
City of Dublin Zoning Ordinance
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
8.34.140
Ordinary Maintenance and Repair. Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of clny existing exterior architectural
feature on any property in the Scarlett Court Ove>rlay Zoning District that does not
involve a change in design, material, or exteror appearance and when such
maintenance or repair is conducted in accordance with Chapter 8.140, Non-
conforming Structures and Uses.
8.34.150
Procedures. The procedures set forth in Chaptl3r 8.96, Permit Procedures, shall
apply except as otherwise provided in this Chapte>r.
City of Dublin Zoning Ordinance
34-4
Month Year
HISTORIC OVERLAY ZONING DISTRICT
Chapter 8.36
CHAPTER 8.36
HISTORIC OVERLAY ZONING DISTRICT
8.36.010
8.36.020
8.36.030
8.36.040
Purpose. The purpose of this Chapter is to establish a procedure to ensure that
all development in the Historic Overlay Zoning District is reviewed for substantial
compliance with the Dublin Village Historic Area Specific Plan and to:
A.
Preserve and enhance the remaining historic resources within the Dublin Village
Historic Area.
B.
Guide the design of future development to reinforce the unique historic qualities
and design elements that once defined Dublin Village.
C.
Improve the public realm to create a positive pedestrian experience, enhance the
area's image as a historic district, and create a unique sense of place.
Applicability. The Historic Overlay Zoning District is a designation in addition to
the standard Zoning District that each property in the Historic District retains (C-O,
C-1, PD, R-M, etc.). The standard Zoning District contains all information
regarding permitted.and conditionally permitted uses, development standards, and
regulations, while the Historic Overlay provides a mechanism to review
development on any of the properties in the District for substantial compliance
with the Dublin Village Historic Area Specific Plan.
Projects Subject to Compliance with this Chapter:
A.
New Construction. Any new construction or additions to an existing structure
that alter the exterior appearance of the buildin!l Internal tenant improvements
are not subject to compliance with this Chapter.
B.
Exterior Modification of an Existing Structure. Any exterior modification of an
existing structure, including but not limited to colors, building materials, roofing
materials, facade renovation, new, replacement or additional windows and doors
(with frames), roof or ground-mounted mechanical equipment and exterior
appurtenances.
C.
Modification to Site Layout. Any modification to site layout or site
improvements, including but not limited to, pal'king, walls, fencing, circulation,
accessory structures, or trash enclosures.
D.
Landscape Modifications. Any modifications to the landscaping.
E.
Signage. Installation of new signage or replacement of sign copy.
Application. The Applicant shall submit a complete Site Development Review
application pursuant to Chapter 8.124, Applications, Fees and Deposits,
36-1
Month Year
City of Dublin Zoning Ordinance
HISTORIC OVERLAY ZONING DISTRICT
Chapter 8.36
8.36.050
8.36.060
8.36.070
8.36.080
8.36.090
accompanied by a fee and such materials as required by the Community
Development Director.
Notice Of Decision. A Notice of Decision shall be given consistent with Chapter
8.132, Notice and Hearings. No public hearing is required for a Site Development
Review unless the application is being considered concurrently with another
permit requiring a public hearing.
Concurrent Consideration. When Site Development Review is required for a
project that is also subject to a Conditional Use Permit and/or Variance, it shall be
approved, conditionally approved, or denied by tile same decision-maker or body
for those actions.
Required Findings. The following findings shall all be made in order to approve
an application for a Site Development Review in the Historic Overlay Zoning
District:
A.
Approval of the application is consistent with the purpose of this Chapter.
B.
Any approval complies with the policies of the General Plan, with the development
regulations and performance standards established for the underlying Zoning
District (C-O, C-1, PD, R-M, etc.) in which it is located, and with all other
requirements of the Zoning Ordinance.
C.
The approval will not adversely affect the health or safety of persons residing or
working in the vicinity, or be detrimental to the public health, safety and general
welfare.
D.
The design of the project will provide a desirable environment for the development
and an attractive environment for the public.
E.
The project is in substantial compliance with all applicable chapters of the Dublin
Village Historic Area Specific Plan.
Action. The decision maker for the Site Development Review applications shall
be the Community Development Director (or his/her designee), except as provided
in Section 8.36.060, Concurrent Consideration. The Community Development
Director may, based on evidence in the public record, and on the findings above,
make an administrative decision to approve, conditionally approve, or deny a Site
Development Review application.
Amendment. The process for amending a Site, Development Review approval
shall be the same as the process for approving a Site Development Review
application. The decision maker for the Site Dt~velopment Review amendment
shall be the same decision maker that ultimately approved the Site Development
Review including approval on appeal. The Community Development Director or
36-2
Month Year
City of Dublin Zoning Ordinance
HISTORIC OVERLAY ZONING DISTRICT
Chapter 8.36
8.36.100
8.36.110
8.36.120
his/her designee may grant a Site Development Review Waiver for applications
approved by another decision maker or body upon the determination that the
modification is a minor project and in accorda nee with Sections 8.36.100 and
8.36.110.
Waiver to an Approved Site Development Review in the Historic Overlay
Zoning District. The Community Development Director or his/her designee may
allow a minor change to an approved Site Development Review as a Waiver upon
determining the following. It is not the intent of this Chapter that a series of Site
Development Review Waivers be used to circumvent the need for full and
complete Site Development Review.
A.
The proposed change is in substantial conformance with the approved Historic
Overlay Zoning District Site Development Review.
B.
The proposed change is minor in scope.
c.
The proposed change is Categorically Exempt from or not otherwise subject to the
California Environmental Quality Act.
D.
The proposed change is consistent with the conditions of approval for the
approved Site Development Review and is substantially consistent with the Dublin
VlIIage Historic Area Specific Plan.
Waiver For A Project That Does Not Have an Approved Site Development
Review. The Community Development Director or his/her designee may allow a
minor change to an existing site or building in the Historic Overlay Zoning District
that does not have an approved Site Development Review as a Waiver upon
determining the following. It is not the intent of this Chapter that a series of Site
Development Review Waivers be used to circumvent the need for full and
complete Site Development Review.
A.
The proposed change is minor in scope.
B.
The proposed change is Categorically Exempt from or not otherwise subject to the
California Environmental Quality Act.
c.
The proposed change is substantially consistent with the Dublin Village Historic
Area Specific Plan.
Dublin Village Historic Area Specific Plan. The Dublin Village Historic Area
Specific Plan, which includes design guidelines, adopted by the City Council on
August 1, 2006 by Resolution 149-06, and as rray be amended thereafter, shall
be used to guide the review of Site Development Review applications in the
Historic Overlay Zoning District.
36-3
Month Year
City of Dublin Zoning Ordinance
HISTORIC OVERLAY ZONING DISTRICT
Chapter 8.36
8.36.130
Building Permits. Building Permits shall not be issued except in accordance with
the terms and conditions of the Site Developmen1 Review approval.
8.36.140
Ordinary Maintenance and Repair. Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of clny existing exterior architectural
feature on any property in the Historic Overlay Zoning District that does not involve
a change in design, material, or exterior appeara 1ce and when such maintenance
or repair is conducted in accordance with Chapter 8.140, Non-conforming Uses
and Structures.
8.36.150
Procedures. The procedures set forth in Chaptl3r 8.96, Permit Procedures, shall
apply except as otherwise provided in this Chapte!r.
City of Dublin Zoning Ordinance
36-4
Month Year
IlEVELOPMENT REGULATIONS
Chapter 8.40
Chapter 8.40
8.40.010
8.40.020
B.
8.40.030
A.
Development Regulations
Purpose. The purpose of this Chapter is to seGure the necessary provisions for
light, air, privacy, safety from fire hazards, and to ensure that development within
the City provides a high quality living and workinq environment consistent with the
policies of the General Plan.
Setbacks. Required setbacks describe areas on lots where no structures or
additions to them may be located, and which thereby become yard areas.
Setbacks may be required between structure's and property lines; between
structures and road easements; between structures and natural features such as
watercourses; or between other features of site development. These regulations
are not intended to allow the placement of any structure within a road or utility
easement without explicit permission from the eaBement holder.
A.
Setbacks Established. Required setbacks are established as follows and in each
zoning district. Where there is a conflict, the means listed first in the following
table shall govern:
1. Future Right-Ot-Way Line Established by the City.
2. Public Utilities Easement.
3. Development Agreements.
4. Chapter 8.40, Development Regulations.
5. Other provisions ot this Zoning Orclinance or provIsions ot the
Planned Development in which the property is located.
Location and Measurement ot Setbacks. Required setbacks shall be located in
accordance with the definitions for front. rear. side and street side setbacks
contained in Chapter 8.160, Definitions, of this Zoning Ordinance.
Exceptions to Setbacks. The following setback exceptions shall apply instead of
those required for each zoning district and any other setback requirements of this
Zoning Ordinance.
Front Setback Exceptions:
1. Future Right-Ot-Way Lines. Future right-of-way lines may hereby be
established by the City to determine special setbacks from certain street or
highway rights-of-way, including future road rights-of-way. In any case
where a future right-of-way line is establiBhed, the front setback shall be
measured from the future right-of-way line! instead of the existing right-of-
way line required by this Zoning Ordinance, provided that the exceptions for
sloping lots in subsection A.2 below shall also apply.
City of Dublin Zoning Ordinance
40-1
Month 2008
DEVELOPMENT REGULATIONS
Chapter 8.40
2. Sloping Lots of 40,000 Square Feet or Less. Where an existing sloping
lot contains 40,000 square feet or 113SS in net area and setback
requirements are not specified on a recorded subdivision map, the required
front setback may be determined as set forth in this subsection instead of
as otherwise required by Chapter 8.40, Development Regulations. This
section is not intended to allow the placement of any structure within any
easement without explicit permission from all parties to the easement. This
Section is not intended to allow the creati::m of new lots that do not satisfy
all applicable standards of this Zoning Ordinance.
a. Reduced Setback for Structures. Where the average slope of an
existing lot is one vertical foot for Elvery four horizontal feet (1:4) or
more in the first 60 feet of the lot measured perpendicularly between
the edge of the pavement or traveled way and the proposed principal
structure, the front setback may be reduced by no more than 50
percent of the amount required for other lots in the same zoning
district. Any structure placed at the reduced setback shall satisfy the
requirements of subsection A.2.c., below.
b. Reduced Setback for Parking. Where the average slope of an
existing lot is one vertical foot for Bver five horizontal feet (1 :5) or
more in the first 30 feet of the lot, as measured between the edge of
pavement and the proposed structure, a private garage, carport,
uncovered paved parking pad or deck with at least 2 parking spaces
may be built to the property line at the street right-of-way, provided
that it is located at least 8 feet from the nearest side lot line of the
front half of an adjacent lot, and also satisfies the requirements of
subsection A.2.c., below.
c. Restrictions on Structures at Reduced Setback. Any structure
approved for construction with a reduced front setback provided by
this Section shall satisfy the followinl;j:
i. Approved by Department of Public Works. Any proposed
construction requiring a Building Permit shall first have been
approved by the Department ::>f Public Works.
ii. Encroachment Permit. No structure or improvement shall be
allowed within any City road right-of-way without first obtaining
an encroachment Permit from the Department of Public
Works.
iii. Living Area. No living area shall be permitted above any
garage or other structure located within the front setback area,
except as provided in this Section, unless specifically
approved by the Zoning Administrator or the Planning
City of Dublin Zoning Ordinance
40-2
Month 2008
[)EVELOPMENT REGULATIONS
Chapter 8.40
Commission in response to a Site Development Review
application and at a legally noticed public hearing.
B. Side and Rear Setback Exceptions:
1. Compensating Provision of a Rear Yard. Notwithstanding the yard
requirements of this Zoning Ordinance, a rear yard may have a depth of a
minimum of 10 feet if that portion of the' rear yard that is covered by a
structure is compensated for by open amas within the same or adjacent
yards on the same parcel that exceed side and rear yard requirements by
an area at least equal to the extent of the structure coverage of the rear
yard (see Figure 40-1).
Figure 40-1: Compensating Provision of a Rear Yard
,- 60' -,
5'
-
5'
TYPICAL
EXISITING
OWEWNG
8
'Il') l'OCI!D
ADormN
\;l5X~\
10' MIN.
ReaD
c
- ~~
~ ~!
---1 I- a::
1"" 2D'
2. Compensating Provision of Side Yard. Notwithstanding the yard
requirements of this Zoning Ordinance, a side yard may have a depth of a
minimum of 5 feet if that portion of the side yard that is covered by a
structure is compensated for by open areas within the same or adjacent
yards on the same parcel that exceed sid'3 and rear yard requirements by
an area at least equal to the extent of th'3 structure coverage of the side
yard. The compensating provision of side yard exception is not applicable
to a street side yard.
City of Dublin Zoning Ordinance
40-3
Month 2008
DEVELOPMENT REGULATIONS
Chapter 8.40
C. Common Wall Development. Any two dwell ing units and/or their accessory
garages, may be constructed on adjoining lots without setbacks between them as
shown on Figure 40-2 provided that:
1. Waiver of one Side Setback. Waiver of the side setback requirement for
one side yard has been authorized through Planned Development,
Conditional Use Permit, or Variance approval; and
2. Agreement/Deed Restriction. A common wall or party wall agreement,
deed restriction or other enforceable restric:tion has been recorded; and
3. Side Setback. The side setbacks opposite the common wall property line
are not less than two times the minimurr width required by this Chapter;
and
4. Common Wall Construction. Common wall construction is in compliance
with the Uniform Building Code.
Figure 40-2: Common Wall Development
~I~
.
/
r
,
D. Zero Lot Line Development. A group of dWE!lIings on adjoining lots may be
designed and constructed so that they all abut onH side lot line provided that:
1. Side Setback Requirement Modified. The side setback requirement has
been modified for the entire block through Planned Development or
Conditional Use Permit approval; and
2. Subdivision Map/Deed Restriction. The modified setback requirements
for the block are recorded as part of a sub:livision map, deed restriction, or
other enforceable restriction; and
3. Corner Lot. The required front setback and street side yard setbacks are
not eliminated or reduced on a corner lot; and
4. Side Setbacks. Side setbacks opposite the zero setback property line are
not less than twice the minimum otherwise required by this Chapter.
City of Dublin Zoning Ordinance
40-4
Month 2008
8.40.040
8.40.050
A.
DEVELOPMENT REGULATIONS
Chapter 8.40
Projections Into Required Setbacks - Structure Features And Architectural
Features. Three classes of projections into required setbacks are permitted:
A.
Landing, Uncovered Porch, Stairway. A landing place, uncovered porch, and
stairway leading thereto which serves a dwelling unit entrance not greater than six
(6) feet above the ground level, may project into a required yard a maximum of
three (3) feet.
B.
Structure Wall. The wall of a structure which encroaches a maximum of two feet
into a required yard may be extended so as to continue the same wall line;
however, the existing dimension from the wall to the property line shall be
maintained and shall not decrease.
C.
Architectural Features. Certain structure roof and wall features including, but not
limited to, chimneys, bow windows (which do not increase the floor area of the
structure) bay windows with a maximum width of B feet, cornices, eaves, canopies,
and similar architectural features (not including decks more than 30 inches above
qrade, porches, or other indoor or outdoor living areas) may not extend closer than
3 feet to a side lot line and may extend into any required front or rear setback a
maximum of 5 feet.
Figure 40-3: Architectural FeaturE! Projection
Property Une
Main Wall of
House
2'
Mechanical Equipment.
Setbacks Required. No mechanical equipment (such as swimming pool, spa and
air conditioning equipment) shall be located in a front yard. All mechanical
equipment shall be located in the side or rear yard, behind a solid fence.
Mechanical equipment shall not be located within 3 feet of a side or rear property
line.
City of Dublin Zoning Ordinance
40-5
Month 2008
DEVELOPMENT REGULATIONS
Chapter 8.40
B. Lots Area Less than 5,000 Square Feet. For lots which are less than 5,000
square feet in size, mechanical equipment that generates noise shall be enclosed
as necessary to reduce noise at the property line to a maximum of 50 dBA at any
time.
C. Lot Area Greater Than 5,000 Square Feet. For lots 5,000 square feet in size or
larger, mechanical equipment that generates noise located within 10 feet of an
existing or potential residence, or an existing paved patio area on adjoining
property, shall be enclosed as necessary to reduce noise at the property line to a
maximum of 50 dBA at any time.
8.40.060 Interior Setbacks. Setbacks between structures on the same lot shall be as
provided by this Section.
8.40.070
8.40.080
A.
8.40.090
A.
A. Residential Uses:
1. Interior Courtyard. Two rows or groups of dwellings on the same site that
are separated by an inner court that provides access to the dwellings shall
be separated by a minimum of 20 feet.
2. Separation Between Multi-Family StrU4::tures in R-M Zoning District.
Multi-Family structures in the R-M Zoning District shall be separated by a
minimum distance of 20 feet. Any parking within the setback between
Multi-Family structures shall be in addition to the 20 foot setback. The 20
foot setback shall increase by 3 feet for every 10 feet that the height of the
structure exceeds 35 feet.
Yards. Front yard, side yard, rear yard, and street side yard are defined in
Chapter 8.160, Definitions, of this Zoning Ordinance.
Maximum Lot Coverage.
Applicability of Coverage Regulations. Maximum lot coveraqe regulations are
intended to establish the maximum lot area that may be covered with structures,
accessory structures, covered decks and other enclosed and covered areas; but
not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools,
paved areas such as walkways, driveways, patios, uncovered parking areas or
roads.
B.
Exception to Lot Coverage. A maximum of '120 square feet, for attached or
detached accessory 'Structures, is exempt from lot coverage requirements as
permitted by Chapter 8.46, Accessory Structures and Uses.
Height Limits and Exceptions.
Applicability of Height Limits. Height limits for structures are established by
each zoning district and other provisions of this Zoning Ordinance including
40-6
Month 2008
City of Dub/in Zoning Ordinance
DEVELOPMENT REGULATIONS
Chapter 8.40
Chapter 8.40, Development Regulations; Chapter 8.72, Landscaping and Fencing
Regulations for Fence Height limits; and Chapter 8.84, Sign Regulations, for sign
height limits. No structure shall be constructed or altered to exceed the height
limits established by this Zoning Ordinance, excl3pt as otherwise provided by this
Chapter.
B. Measurement of Height. The height limits for structures established by this
Chapter or other provisions of this Zoning Ordinance shall be measured as the
vertical distance from the highest point of the structure to the average of the
highest and lowest points where the exterior walls touch the Grade, as shown in
Figure 40-3.
Figure 40-3: Measurement of Height
10' -
Height
Urrit
Highest point w hell!
e:llleriQr walls touch
the nalural grade.
Alierage 2'
0'--
Lowest porn where
elllerior walls touch
the natur.l grade,
Nitural
Grade
C. Exceptions to Height Limits. The height limits for structures established by this
Chapter are subject to the following exceptions:
1. Public and Quasi-Public Structures. In a zoning district with a height limit
of less than 75 feet, public and quasi-public structures, communications
equipment structures, schools, churches, hospitals, and other public and
quasi-public structures permitted in the zoning district, may be erected to a
maximum height of 75 feet, provided that all required setbacks shall be
increased by one foot for each foot of hei~lht that the structure exceeds the
normal height limit established by the zone.
2. Residential Exception - Sloping Lots. The maximum height allowed for a
single family dwelling may be increased when the average natural slope of
a proposed structure envelope is 15 percent or more, as follows:
City of Dublin Zoning Ordinance
40-7
Month 2008
[)EVELOPMENT REGULATIONS
Chapter 8.40
Site Slope Max. Allowed Height Increase
0-15 percent 5 feet
15.1-22.5 percent 10 feet
22.6 percent or 15 feet
more
3. Exceptions for Specific Types of Structures:
a. Chimneys and Vents. Chimneys, 'lents, and related architectural or
mechanical appurtenances on structures may be a maximum of 15
percent higher than the height limit of the applicable zone.
b. Freestanding Structures. Towers, poles, water tanks, and similar
structures may be constructed higher than the height limit of the
applicable zoning district if the additional height is authorized through
Site Development Review approval 'JY the Zoning Administrator.
c. Utility and Communications Falcilities. Individual radio and
television receiving antennas, satellite dishes, transmission and
distribution poles and towers for public utilities are not subject to the
height limits of this Chapter. See Chapter 8.92, Wireless
Communication Facilities Regulations, regarding land use approvals
for those facilities.
8.40.100
Lot Widths/Frontages and Exceptions.
A.
Applicability of Lot Widths and Frontages. I-ot widths and lot frontaaes are
established by each zoning district. No lot shall have a width less than that
established by this Zoning Ordinance, except as otherwise provided by this
Section.
B.
Irregular, Cul-de-sac, and Flag Lot Widths.
1. Irregular Lots. The Community Development Director shall determine the
minimum width of irregular lots.
2. Cul-de-sac lots. Cul-de-sac lot shall have a minimum lot frontage of 30
feet.
City of Dublin Zoning Ordinance
40-8
Month 2008
DEVELOPMENT REGULATIONS
Chapter 8.40
3. Flag Lots. Flaq lots are discouraged except under unusual design
constraints. The Driveway portion and lot frontage of an individual flag lot
shall be as defined in Chapter 8.160, Definitions, of this Zoning Ordinance,
unless determined otherwise by a Site Development Review, Tentative
Map, Planned Development, or Variance.
8.40.110
Lot Depth.
A.
Applicability of Lot Depth. Lot depth is establi:,hed by each zoning district. No
lot shall have a depth less than that established by this Chapter.
City of Dublin Zoning Ordinance
40-9
Month 2008
PERFORMANCE STANDARDS
Chapter 8.44
CHAPTER 8.44
8.44.010
8.44.020
PERFORMANCE STANDARDS
Purpose. The purpose of this Chapter is to establish performance standards for all
uses and zoning districts in the City.
Performance Standards. All uses shall conform to the following standards. Any
violation of these standards is a violation of this Zoning Ordinance:
A.
Noise. The volume of sound measured outside during calm air conditions,
generated by any use other than related to transportation activities and temporary
construction work shall not exceed the noise standards in Table 9.1 of the General
Plan.
B.
Vibration. The ground vibration generated by any use other than related to
transportation activities and temporary construction work shall not be perceptible
without instruments on any lot line of the property
C.
Radioactivity. No activity, including storage or dumping, shall result in the
emission of radioactivity in dangerous amounts.
D.
Electrical Disturbance. No activity shall cause electrical disturbance adversely
affecting the operation of any equipment other than that of the creator of such
disturbance.
E.
Inflammable or Explosive Materials. No inflammable or explosive materials shall
be produced, used, stored, or handled unless provided at all points with adequate
safety devices and procedures against hazards of explosion and all equipment
and devices for fire prevention and fire fighting ap Jroved by the Fire Department.
F.
Air Pollution. No air pollution or smoke shall be produced which is in violation of
the requirements of the Bay Area Air Quality Management District.
G.
Glare or Heat. No direct or sky-reflected glare or heat shall be produced which is
detectable at any point on a Lot Line of the property.
H.
Dust, Dirt or Particulate Matter. No discharge into the air of any dust, dirt or
particulate matter shall occur from any activity or from any products stored on the
property.
I.
Liquid or Solid Wastes. No liquid contaminants or materials of such nature or
temperature which contaminate any water supply, interfere with bacterial
processes and sewage treatment, or in any way cause the emission of dangerous
or offensive materials shall be discharged into any public sewer, private sewage
disposal system approved by the County Department of Environmental Health,
stream, or into the ground.
City of Dublin Zoning Ordinance
44-1
Month 2008
PERFORMANCE STANDARDS
Chapter 8.44
J. Odors. No emission of odorous gases or other odorous matter in such quantities
as to be detectable at any Lot Line of the property is permitted. Any use or process
which may involve the creation or emission of any odors shall provide a primary
safeguard system for odor control, and shall provide a secondary safeguard
system so that control of odors will be maintained if the primary safeguard system
should fail.
K. Screening Unsightly Uses and Structures. Unsightly uses and structures shall
be screened to the satisfaction of the Community Development Director, including
but not limited to trash or equipment storage areas, loading docks/areas and
rooftop equipment including HV AC equipment, mt~ters, ground-mounted ventilating
systems and exposed conduits or piping includin~1 fire sprinkler risers.
L. Mobile/Manufactured Home. Standards for Mobile/Manufactured Homes in
Agricultural and Residential Zoning Districts, including Mobile/Manufactured
Homes which are used as a second unit or guesthouse, are as follows:
1. Use. Mobile/Manufactured Homes shall be permitted in Agricultural and
Residential Zoning Districts as set forth ir the Land Use Matrix in Section
8.12.050.
2. Development Standards. Mobile/Manufactured Homes in Agricultural and
Residential Zoning Districts shall conforll to all of the residential use
development standards for the zoning district in which it is located.
3. Certification. The Mobile/Manufactured Home shall be certified under the
National Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.AS.C. Section 5401 et seq.) and shall have been manufactured
within ten years of the application for issuance of a permit for the location of
the home.
4. Foundation. Mobile/Manufactured Homes shall be located on a permanent
foundation system.
5. Exterior Material. The Mobile/Manufactured Home shall be covered with
an exterior material commonly found on new conventionally built residential
structures in the surrounding area.
6. Roof Material. The Mobile/Manufactured Home shall be roofed with
materials commonly found on conventionally built residential structures in
the surrounding area.
7. Roof Overhang. The MobilelManufactured Home shall have a minimum
roof overhang of sixteen (16) inches.
City of Dublin Zoning Ordinance
44-2
Month 2008
ACCESSORY STRUCTURES AND USES
Chapter 8.46
ACCESSORY STRUCTURES AND USES
CHAPTER 8.46
8.46.010
8.46.020
8.46.030
Purpose. The purpose of these provisions is to establish the regulations that
apply to accessory structures, to specify the uses that are permitted as accessory
to the principal use, and to ensure the compatibility of accessory structures and
uses with permitted structures and uses.
Accessory Structures.
A.
Accessory Structures. In addition to the princi[lal structure of a parcel, a parcel
may also include accessory structure(s) which are specifically identified by this
Chapter which are necessarily and customarily associated with and are
appropriate, incidental, and subordinate to, such principal structures.
It shall be the responsibility of the Community Development Director to determine
if a proposed accessory structure is necessarily and customarily associated with
and are appropriate, incidental, and subordinate to the principal structure.
Determinations by the Community Development Director shall be subject to
appeal pursuant to Chapter 8.136, Appeals, and a record of all such
determinations shall be maintained by the Comm Jnity Development Director.
B.
Principal Structure Regulations. Accessory structures shall be regulated in the
same manner as the principal structures within each zoning district, except as
otherwise expressly provided in these regulations.
General Requirements. The following requirements apply to both attached and
detached accessory structures:
A.
Habitable Space. Accessory structures, with the exception of guesthouses and
second units, shall not be constructed so as to provide year-round habitable
space.
B.
Location ot Accessory Structures. Accessory structures shall be located on the
same lot as the principal structure.
C.
Right-ot-Way Setbacks. No accessory structure shall be located between a
street right-of-way line and a future right-of-way line.
D.
Side Yard Obstruction. Where permitted by this Chapter,. certain accessory
structures may be located within in a side yard In the event that an accessory
structure(s) is located within a side yard, a minimum of 36 inches of unobstructed
area shall be provided in one side yard which will provide access from the front
yard to the rear yard. The area shall be accessibl13 via a gate from the front yard.
E.
Timing ot Construction. Accessory structures :;hall be constructed or otherwise
established at the same time as, or after, the prin::;ipal structure or use.
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ACCESSORY STRUCTURES AND USES
Chapter 8.46
F. In Front of a Residence. No accessory structure, with the exception of an entry
feature, shall be located in the front yard or shall project from the side yard or
street side yard into the front yard.
G. Rear Yard Lot Coveraae. The maximum covera!~e of the required rear yard by all
accessory structures, excluding swimming pools and hot tubs, is 30 percent.
H. Lot Coverage Exemption. A maximum of 120 square feet shall be exempt from
lot coverage requirements for an attached or detached accessory structure.
I. Height. Except where specifically stated in thi::; Chapter, accessory structures
shall have a maximum height of 15 feet.
J. Street Side. All accessory structures permitted in the rear yard shall be located
behind a fence. All front yard accessory structures shall be located in the front
yard and shall not be located within the street side yard.
K. Wildfire Management Plan. In addition to tho requirements of this Chapter,
accessory structures located within the Wildfire Management Area shall conform
to the provisions of the City's Wildfire Management Plan. Where conflicts arise
between the Wildfire Management Plan and this Chapter, the most restrictive
regulation shall apply.
L. Exceptions. An exception to the requirements of this Chapter related to
accessory structures may be approved by means of a Site Development Review.
8.46.040 Prohibited Accessory structures. The following accessory structures are
prohibited in all Zoning Districts.
A. Bathing Facilities. Restrooms with bathing facilities are prohibited in all
accessory structures, excluding second units and guesthouses.
B. Trailers. Temporary buildings including trailers and modular facilities are
prohibited except where permitted by means of a Temporary Use Permit.
8.46.050 Requirements for Specific Accessory StructUlres. The following requirements
apply to the specified accessory structure in addition to the general requirements
for detached and attached accessory structures.
A. Decks and Balconies. Uncovered decks, less than 30 inches in height measured
from grade, are permitted anywhere on a parcel, without respect to otherwise
required setbacks. Balconies are considered an attached accessory structure and
shall maintain the required setbacks of the principal structure.
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ACCESSORY STRUCTURES AND USES
Chapter 8.46
B. Entry Features. Entry features (such as arbors, arches, porticoes and trellises)
with a maximum depth of 15 feet and a maximurr height of 10 feet may be located
within the required front yard setback area.
C. Breezeways. A breezeway or other extension of the principal structure or
accessory structure roof may connect the accl~ssory structure to the principal
structure. The breezeway and accessory structure shall meet the required
setbacks for the principal structure. Structures connected by a breezeway to the
principal structure are considered to be an attached accessory structure and shall
comply with the setbacks of the principal structurEl.
D. Gazebo or Patio Covers. Where a gazebo or patio cover includes walls, a
minimum of 50 percent of each wall of a gazebo, patio cover or similar enclosure
shall be constructed of lattice or equivalent malerial through which air and light
can pass, except where the wall is formed by the principal structure.
E. Residential Greenhouse. A areenhouse is an ac:cessory structure in the R-1, R-2
or Planned Development Zoning Districts with sirrlilar uses shall be a maximum of
500 square feet in size, shall have a transpan:mt or translucent roof and wall
structures, and shall be used for the non-commercial raising of plants. The
greenhouse shall comply with the required setbacks of the principal structure.
F. Residential Guesthouse. A auesthouse may be established on the same lot as a
single family residence, as provided below:
1. Kitchen Facilities. Kitchen Facilities as defined by Chapter 8.160 are
prohibited.
2. Height. Guesthouses shall have a maximum height of 15 feet.
3. Permitted Spaces. A guesthouse may contain a sleeping space, bathroom
and other living space.
4. Setbacks. The guesthouse shall conform to the required setbacks for the
principal structure.
5. Maximum Floor Area. The maximum floor area allowed for a guesthouse
is 50 percent of the habitable floor area of the principal structure, up to a
maximum of 840 square feet.
6. Detached Structure. A guesthouse shall be detached from the principal
structure and shall comply with the required distance between structures for
detached. accessory structures.
7. Limitation. Only one guesthouse or second unit shall be permitted per lot.
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ACCESSORY STRUCTURES AND USES
Chapter 8.46
G. Security Gates. Security gates and gate houses at the entrance(s) to a
residential, industrial or office development are permitted through Site
Development Review.
H. Swimming Pools/Spas/Hot Tubs. Private swimminQ pools, spas and hot tubs
are permitted as accessory structures to the principal structure in residential
zoning districts, subject to the following provisions:
1. Gates. Each gate providing access throu!~h a fence to the swimming pool,
spa, hot tub, or the entire site shall be equipped with a self-closing, self-
latching device designed to keep the gate securely closed when not in
actual use. The latching device of the nate shall be at least 54 inches
above finish grade when the latch is not on the pool side of the gate. When
the latching device is located on the pool side of the gate, the latching
device shall be located between 0 to 3 inches from the top of the gate.
2. Doors. Where a garage forms part of the pool enclosure, any door from
the garage to the pool shall be equipped with a self-closing, self-latching
device designed to keep the door securely closed when not in actual use.
The latching device of the door shall be at least 54 inches above the floor.
3. Enclosure Fencing. The swimming pool, spa, hot tub, or the entire site
shall be enclosed by a fence at least 60 inGhes high.
4. Listed Locking Lid. A listed locking lid, 3S defined by the Building Code
may be provided for spas and hot tubs in lieu of the above gates, doors and
enclosure fencing requirements.
5. Maintenance Required. The owner or 'the person in possession of the
premises shall maintain a pool, hot tub, l:;pa, gates, doors, and enclosure
fencing in good condition at all times.
6. Lot Coverage. Swimming pools, hot tubs and spas are excluded from lot
coverage requirements. Where the swimming pool, hot tub or spa includes
a trellis, gazebo or patio cover, those acce,ssory structures shall conform to
the lot coverage requirements.
I. Tennis and Sport Courts. Non-commercial outdoor tennis courts and courts for
other sports (e.g., racquetball, basketball, etc.) accessory to a residential use are
accessory structures subject to the following requirements:
1. Fencing. Fencing shall be subject to t~e height limits of Chapter 8.72,
Landscaping and Fencing Regulations.
2. Lighting. Court lighting shall not exceed a maximum height of 20 feet.
Such lighting shall be directed downwarc, shall only illuminate the court,
and shall not illuminate adjacent property.
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ACCESSORY STRUCTURES AND USES
Chapter 8.46
J. Detached Garages. A detached garage used for the storage of vehicles, for a
workshop, or for storage space accessory to a residence is an accessory structure
and is subject to the following regulations:
1. Size. The detached garage, including any workshop or storage space
within the garage, shall not exceed 1,000 square feet per residence.
2. Height and Setbacks. The detached garage shall have a maximum height
of 15 feet. The detached garage shall maintain the same setbacks as the
principal structure.
K. Flag Poles. Flag poles are permitted in all zoning districts as an accessory
structure. Flag poles shall have a maximum height of 35 feet and shall be set back
a minimum 5 feet from any property line.
L. Agricultural Accessory Structures. Agricultural accessory structures, including,
but not limited to, stables, barns, pens, com:lls, greenhouses, or coops, are
permitted in the Agricultural Zoning District.
M. Commercial and Industrial Accessory Structures. The following regulations
apply to accessory structures in the Commercial and Industrial Zoning Districts.
1. Accessory Structures. Carports, garages, shade structures, storage
buildings, recreational facilities (which serve employees), transit facilities,
trash enclosures and all other structures which are determined to be similar
in nature by the Community Development Director are considered to be
accessory structures in the Commercial and Industrial Zoning Districts.
2. Setbacks. Setbacks for accessory structures related to commercial and
industrial uses shall be determined per Site Development Review. In no
case shall accessory structures be located within 5 feet of a property line
when abutting a residential use.
8.46.060
Detached Accessory Structures. Detached accessory structures are subject to
the following regulations in addition to the applica ble regulations in this Chapter.
A.
Distance Between Structures. Detached accl3ssory structures over 8 feet in
height shall be set back a minimum of five feet from the principal structure and all
other accessory structures on the lot (excludinq swimming pools, hot tubs and
spas ).
B.
Agricultural Accessory Structure Maximum Height. Detached accessory
structures in the Agriculture Zoning District shall have a maximum height of 15
feet except for barns which may be 2 stories if the upper story is designated for
the storage of hay and/or agricultural supplies only.
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ACCESSORY STRUCTURES AND USES
Chapter 8.46
C. Heights and Setbacks. Heights and setbacks for detached accessory structures
(excluding second units, guesthouses, agricultural structures and garages) are as
follows:
1. Lots Less Than 5,000 Square Feet. The following requirements for
accessory structures apply to lots which a re less than 5,000 square feet in
size.
a e - . egu a Ions or ots ess an ..I, iauare eet
.
Shade Structures, Enclosed Enclosed
Gazebos, Covered Structure Struc:ture Less Swimming Pools,
Patios and Greater than 8 than or equal Spas and Hot
Unenclosed Feet in Height to a Feet in Tubs
Structures lieiaht
Maximum 1 0 feet 10 feet 8 feet 8 feet
Height
Not allowed except
Front Yard for entry featu res
Setback permitted by Not allowed Not allowed Not allowed
Section 8.46.030.F
and 050.8
Side Yard 3 feet 3 feet o feet o feet
Setback
Street Side 3 feet 3 feet 3 feet o feet
Yard Setback
Rear Yard 3 feet 3 feet o feet o feet
Setback
T bl 46 1 R I f
f L L
Th ,. 000 S
F
2. Lots Greater Than 5,000 Square Feet. The following requirements for
accessory structures apply to Lots which are greater than 5,000 square feet
in size.
a e - . egu atlons or ots reater an ia uare eet
. ,
Shade Enclosed Endosed
Structures, Structure Structure Swimming Pools,
Gazebos, Greater than Less than or Spas, Hot Tubs
Covered Patios 8 Feet in equal to 8 and Associated
and Unenclosed Height Fe-et in Equipment
Structures Hoiaht
Maximum 15 feet 15 feet 8 feet 8 feet
Height
Not allowed
Front Yard except for entry
Setback features permitted Not allowed Not allowed Not allowed
by Section
8.46.030.F and
T bl 46 2 R I.
f L G
Th 5 000 S
F
City of Dublin Zoning Ordinance
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ACCESSORY STRUCTURES AND USES
Chapter 8.46
050.8
Side Yard 5 feet 5 feet o feet 3 feet*
Setback
Street Side 5 feet 5 feet 5 feet 3 feet*
Yard Setback
Rear Yard 5 feet 5 feet o feet 3 feet*
Setback
* Measured at waterline
8.46.070
8.46.080
A.
Attached Accessory Structures. Attached aceessory structures are subject to
the following regulations in addition to the appliccble regulations in this Chapter.
A.
Attached Structures. Attached accessory structures shall be structurally part of
the principal structure.
B.
Setbacks. Attached accessory structures shall conform to the setback and lot
coverage requirements of the principal structure on the lot.
Accessory Uses
Accessory Uses Encompassed by Primary Use. In addition to the principal
uses expressly included in a permitted (or c01ditionally permitted if approved
pursuant to a Conditional Use Permit) use type, each use type shall include
accessory uses which are specifically identified by these regulations which are
necessarily and customarily associated with, and are appropriate, incidental, and
subordinate to, such principal uses.
It shall be the responsibility of the Community Development Director to determine
if a proposed accessory use is necessarily and clJstomarily associated with, and is
appropriate, incidental, and subordinate to, the principal use type, based on the
resemblance of the proposed accessory use to those uses specifically identified
as accessory to the principal use types and the mlationship between the proposed
accessory use and the principal use type. De,terminations by the Community
Development Director shall be subject to appeal pursuant to Chapter 8.136,
Appeals, and a record of all such determinati :>ns shall be maintained by the
Community Development Director.
B. Accessory Uses Subject to Regulations. Accl3ssory uses shall be regulated in
the same manner as the principal uses within each use type, except as otherwise
expressly provided by these regulations.
C. Limitation of Accessory Uses Area. Except where specifically permitted by this
Chapter or another Chapter of the Zoning Ord nance, accessory uses shall be
limited to no more than 30 percent of the total floor area dedicated to the principal
use (Le. one house or a tenant space).
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Chapter 8.46
D. Storage of Building Materials and Equipment During Construction. Building
materials and equipment being used for construction may be stored on the
construction site as long as a valid building permit is in effect for the construction.
Building materials and equipment include stockpiles of construction materials,
tools, equipment, and building component assembly operations.
E. Permitted Agricultural Accessory Uses.
1. Office. Office for the administration of an agriculture use is an accessory
use in the Agricultural Zoning District.
F. Permitted Residential Accessory Uses.
1. GaraaelYard Sales. The temporary salo of used household or personal
articles held on the seller's own residential premises, also referred to as a
garage sales or yard sale or rummage sale, so long as such sales are
limited to two days per event and are not conducted on the same lot more
than four times within a calendar year.
2. Home Occupations. Home occupations are subject to the provisions of
Chapter 8.64, Home Occupation Regulations.
3. Rental/Sales Office. A rental/sales office for the leasing or sale of
residential units located in the same residential development.
4. Repair and Maintenance of Automobile!~ or Recreational Vehicles. The
repair and maintenance of automobiles or recreational vehicles is permitted
if work is being done on a vehicle re~listered to the occupant of the
premises. Notwithstanding the abovo, painting of automobiles or
recreational vehicles, or the repair and maintenance of any tractor trucks or
semi-trucks is prohibited in any residential zoning district. No sound
associated with the repair or maintenance of automobiles shall be audible
at the property line.
5. Rooming and Boarding. The rental of bedrooms within a single-family
dwelling to no more than four boarders is a permitted accessory use.
Rental of rooms to more than four boarders constitutes a Boarding House,
which allowed where conditionally permitted pursuant to Chapter 8.12,
Zoning Districts and Permitted Uses of Land.
G. Accessory Uses Prohibited in Residential clnd Agricultural Districts. No
accessory use involving any of the following shall be conducted within a front yard,
the area between the front yard and the residence, or a street side yard on a
corner lot (outside a fence or wall) in any agricultural or residential district:
1. Storage, Repair or Dismantling. The storage, repair or dismantling of
automobiles, recreational vehicles, electrk;al refrigerators, washers, dryers
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ACCESSORY STRUCTURES AND USES
Chapter 8.46
or other household appliances, or other items determined to be
substantially similar to the above by the Community Development Director.
2. Storage or Display. The storage or display of equipment, appliances,
tools, materials or supplies unless as part of a garage/yard sale.
H. Permitted Commercial and Industrial Accessory Uses.
1. Automatic Teller Machine.
2. Cafeteria, Delicatessen and Food Vendi ng. Permitted if less than 1,000
square feet in area.
3. Plazas for Public Assembly.
. 4. Retail Sales. Retail sales incidental to wholesale sales in the Industrial
Zoning District where the retail sales space is 10% or less of the entire
sales space, except for the sale of whok~sale goods or where otherwise
permitted by Chapter 8.12.
5. Industrial Retail Sales. Retail sale of products produced by a permitted
industrial use on the premises or retail sales incidental to wholesale sales in the
Industrial Zoning District where the retail sales space is 10% or less of the entire
sales space.
6. Office in Industrial Districts. Office space shall be limited to a maximum
of 30 percent of the Gross Floor Area of tile tenant space excluding where
permitted by a Conditional Use Permit.
City of Dublin Zoning Ordinance
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Month 2008