Loading...
HomeMy WebLinkAbout8.1 Attch 3 Exh A CC Ord ZOA HE ORDINANCE NO. XX -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.16 (AGRICULTURAL ZONING DISTRICTS), 8.20 (RESIDENTIAL ZONING DISTRICTS), 8.24 (COMMERCIAL ZONING DISTRICTS), 8.28 (INDUSTRIAL ZONING DISTRICTS), 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), AND 8.116 (ZONING CLEARANCE) AND ADDING ZONING ORDINANCE CHAPTERS 8.38 (REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES), 8.45 (EMERGENCY SHELTERS), 8.46 (SINGLE ROOM OCCUPANCY UNITS), 8.47 (SUPPORTIVE HOUSING), AND 8.50 (TRANSITIONAL HOUSING) CITY-WIDE PLPA-2010-00022 WHEREAS, the State of California requires that Cities and Counties adopt a comprehensive, long-term General Plan for the physical development of the City; and WHEREAS, the Housing Element is one of seven mandated elements of the General Plan and must address existing and projected housing needs for all economic segments of the community; and WHEREAS, State law currently requires that Housing Elements be updated and certified every 5 years; and , WHEREAS, on March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009-2014 planning period; and WHEREAS, on May 12, 2010 the updated Housing Element was certified by the Department of Housing and Community Development; and WHEREAS, the Housing Element contains programs that define the specific actions the City will undertake to achieve the goals and policies set forth in the Housing Element; and WHEREAS, in accordance with State law, the City was required to develop programs which require that the Zoning Ordinance be amended to facilitate the development of a variety of housing options for special needs populations; and WHEREAS, the exact text amendments are shown in Sections 2 through 27 of this Ordinance; and WHEREAS, the Planning Commission did hold a properly noticed public hearing to consider these amendments on March 8, 2011 and adopted Resolution 11-xx recommending that the City Council approve amendments to Title 8(Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on , 2011, at which time all interested parties had the opportunity to be heard; and Page 1 of 16 EXHIBIT A TO ATTACHMENT 3 WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1. ' Compliance with California Environmental Quality Act ("CEQA"): The Dublin City Council adopted a Negative Declaration on March 2, 2010 for the 2009-2014 Housing Element update through Resolution 33-10 which is incorporated herein by reference. The 2009-2014 Housing Element includes programs which indentified the Zoning Ordinance Amendments to be undertaken. The adoption of the Zoning Ordinance Amendments have been found to be exempt under Section 15061(b)(3) as the project will not have a significant effect on the environment. SECTION 2. The following new definitions are hereby added to Section 8.08.020 (Definitions A-Z) of Title 8 of the Dublin Municipal Code to read as follows: 8.08.020 Definitions (A-Z) ~ Single Room Occupancy Units (Use Type). The term Single Room Occupancy Units shall mean a building or buildings constructed or converted for residential living consisting of one-room dwelling units, where each unit is occupied by a single individual or finro persons living together as a domestic unit, and where the living and sleeping space are combined. A one-room dwelling unit is not required to contain a bathroom or a kitchen except that if a bathroom or kitchen is not provided within the unit such common facilities shall be provided on-site for residents. A unit that contains both a bathroom and kitchen shall be considered a studio unit and not a Single Room Occupancy Unit. Common facilities for laundry may or may not be provided on-site. Supportive Housing - Small (Use Type). The term Supportive Housing - Small shall mean a dwelling unit occupied by a target population of 6 or fewer persons, with no limit on the length of stay, that is linked to on-site or off-site services that assist the supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code Section 4500) and may include, among other 2of16 populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people. Supportive Housing - Large (Use Type). The term Supportive Housing - Large shall mean a dwelling unit occupied by a target population of 7 or more persons, with no limit on length of stay, that is linked to on-site or off-site services that assist the supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code Section 4500) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people. Transitional Housing - Small (Use Type). The term Transitional Housing - Small shall mean a dwelling unit occupied by 6 or fewer homeless persons or families, which is operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time which shall be no less than six months. Transitional Housing - Large (Use Type). The term Transitional Housing - Large shall mean a dwelling unit occupied by 7 or more homeless persons or families, which is operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time which shall be no less than six months. SECTION 3. The following definitions in Section 8.08.020 (Definitions A-Z) of Title 8 of the Dublin Municipal Code are hereby amended to read as follows: 8.08.020 De~nitions (A-Z) Emergency Shelter (Use Type). The term Emergency Shelter shall mean a facility that provides temporary, short-term housing, with minimal supportive services, for homeless individuals or families, provided that no facility shall be used as temporary, short-term housing by any individual or family for more than 30 consecutive days. Family. The term Family shall mean one or more persons occupying a dwelling and living as a single, non-profit housekeeping unit, including any servants. This is distinguished from a group occupying a boarding house, community care facility, supportive or transitional housing when configured as group housing, hotel or motel, club, fraternity or sorority house. 3of16 SECTION 4,. The definition for Transitional Housing (Use Type) in Section 8.08.020 (Definitions A-Z) of Title 8 of the Dublin Municipal Code is hereby deleted in its entirety. SECTION 5. Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code is hereby amended to add new Residential Use Types to read as follows: RESIDENTIAL USE TYPES RESIDENTIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE Emergency - - - - - - - - - P - Shelter Single Room - - - - - - - C/PC - - - Occupancy Units Supportive P P P P - - - - - - - Housin Small Supportive - C/PC C/PC C/PC - - C/PC C/PC C/PC C/PC - Housin Lar e Transitional P P P P - - - - - - - Housin Small Transitional - C/PC C/PC C/PC - - C/PC C/PC C/PC C/PC - Housin (Lar e SECTION 6. Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) as it pertains to Commercial Use Types is hereby amended to delete the Commercial Use Type "Emergency Shelters" in its entirety. SECTION 7. The following sections within Section 8.16.030 (Permitted and Conditionally Permitted Land Uses, Regulations, and Performance Standards) of Title 8 of the Dublin Municipal Code are hereby added to read as follows: L. Supportive Housing. For Supportive Housing regulations please see Chapter 8.47. M. Transitional Housing. For Transitional Housing regulations please see Chapter 8.50. 4of16 SECTION 8. The following section within Section 8.20.030 (Permitted and Conditionally Permitted Land Uses, Regulations, and PerFormance Standards) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: O. Transitional Housing. For Transitional Housing regulations please see Chapter 8.50. SECTION 9. The following section within Section 8.20.030 (Permitted and Conditionally Permitted Land Uses, Regulations, and Performance Standards) of Title 8 of the Dublin Municipal Code is hereby added to read as follows: P. Supportive Housing. For Supportive Housing regulations please see Chapter 8.47. SECTION 10. Section 8.20.040 (Requirements for Transitional Housing) of Title 8 of the Dublin Municipal Code is hereby deleted in its entirety. SECTION 11. Section 8.24.030.0 (Emergency Shelters) of Title 8 of the Dublin Municipal Code is hereby deleted in its entirety. SECTION 12. The following sections within Section 8.24.030 (Permitted and Conditionally Permitted Land Uses, Regulations, and Performance Standards) are hereby added to read as follows: O. Single Room Occupancy Unit. For Single Room Occupancy Unit regulations please see Chapter 8.46. P. Supportive Housing. For Supportive Housing regulations please see Chapter 8.47. Q. Transitional Housing. For Transitional Housing regulations please see Chapter 8.50. SECTION 13. The following section within Section 8.28.060 (Permitted and Conditionally Permitted Land Uses, and Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 5of16 K. Emergency Shelters. For Emergency Shelters regulations please see Chapter 8.45. SECTION 14. The following sections within Section 8.28.060 (Permitted and Conditionally Permitted Land Uses, and Regulations) are hereby added to read as follows: L. Supportive Housing. For Supportive Housing regulations please see Chapter 8.47. M. Transitional Housing. For Transitional Housing regulations please see Chapter 8.50. SECTION 15. Section 8.28.070 (Requirements for Emergency Shelter Projects) of Title 8 of the Dublin Municipal Code is hereby deleted in its entirety. SECTION 16. Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities) is hereby added to Title 8 of the Dublin Municipal Code to read as follows: CHAPTER 8.38 REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES 8.38.010 Purpose and Intent. The purpose and intent of this Chapter is to provide reasonable accommodations in the application of the Zoning Ordinance to persons with disabilities who are seeking fair access to housing. 8.38.020 Applicability. Persons protected under the federal Fair Housing Amendments Act of 1988 and/or California Fair Employment and Housing Act (hereinafter "Fair Housing Laws") may request reasonable accommodations when the strict application of the Zoning Ordinance acts as a barrier to fair housing opportunities. 8.38.030 Permitting Procedures. An application for reasonable accommodations that meets the Development Standards and Regulations contained in this Chapter shall be reviewed ministerially through a Zoning Clearance and shall not be subject to discretionary review or a public hearing. An application for a Zoning Clearance shall be approved, approved with modifications or denied within 45 days of a complete application being submitted. 8.38.040 Application Requirements. A request for reasonable accommodations must be filed on an application form provided by the Community Development Department, shall be signed by the owner of the property and shall include, at a minimum, the following information: 1. The Applicant's name, address and phone number; 6 of 16 2. The address for the property for which the reasonable accommodation request is being made; 3. The current use of the property; 4. The basis for the claim that the Fair Housing Laws apply to the person(s) requesting the reasonable accommodations and evidence supporting the claim which may include a letter from a medical doctor or other licensed health care professional, a disabled person license or other appropriate evidence which establishes that the person(s) needing the reasonable accommodation is disabled pursuant to Fair Housing Laws; 5. A description of how the property will be used by the person(s) requesting reasonable accommodations; 6. The specific reason the requested accommodation is necessary to make a particular dwelling available to the disabled person(s); 7. The Zoning Ordinance provision from which reasonable accommodation is being requested; 8. Verification that the property is the primary residence for the person(s) for whom the reasonable accommodation is requested. 8.38.050 Development Standards and Regulations. A Zoning Clearance shall be issued if the request for reasonable accommodations complies with the following development standards and regulations: A. Zoning Districts. The request for reasonable accommodations is for a legally established residential dwelling located in an agricultural, residential or comparable Planned Development Zoning District. B. Occupancy. The residential dwelling is the primary residence of the person(s) requesting the reasonable accommodations and such persons have been determined to be protected under Fair Housing Laws. C. Design Compatibility. Any exterior modification to the dwelling is designed to be compatible with the architectural character, colors and texture of the dwelling and surrounding neighborhood. D. Side Yard Setbacks. For additions to a dwelling, a minimum side yard setback of 5-feet is maintained. E. Rear Yard Setbacks. For additions to a dwelling, a minimum rear yard setback of 10-feet is maintained. F. Lot Coverage. The maximum lot coverage does not exceed 50% for a one-story dwelling or 45% for a finro-story dwelling. 7of16 G. Uncovered Access Ramp. An uncovered access ramp may be located within a front, side or rear yard setback so long as the height of the ramp does not exceed the grade level finish floor of the dwelling. 8.38.060 Other Discretionary Permits. No other discretionary permit shall be required for requests for reasonable accommodations if the above development standards and regulations can be met. If the above development standards and regulations cannot be met, an application for Site Development Review may be applied for and processed in accordance with the provisions of the Zoning Ordinance. 8.38.070 Site Development Review. Where Site Development Review is requested for reasonable accommodations, all required findings contained in Chapter 8.104 (Site Development Review) shall apply and the following additional findings shall be made in approving the request: A. The parcel and/or housing, which are the subject of the reasonable accommodation request, will be occupied as the primary residence by an individual protected under the Fair Housing Laws. B. The request for reasonable accommodations is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws. C. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City. D. The requested reasonable accommodation will not require a fundamental alteration of the zoning laws of the City. E. The requested reasonable accommodation 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 welfare. F. The requested reasonable accommodation will not be injurious to property or improvements in the neighborhood. SECTION 17. Chapter 8.45 (Emergency Shelters) is hereby added to Title 8 of the Dublin Municipal Code to read as follows: CHAPTER 8.45 EMERGENCY SHELTERS 8.45.010 Purpose and Intent. The purpose of this Chapter is to provide procedures and standards to encourage and facilitate the establishment of Emergency Shelters. 8.45.020 Permitting Procedure. An Emergency Shelter that meets the Development Standards and Regulations contained within this Chapter shall be approved 8of16 ministerially with a Zoning Clearance and without discretionary review or a public hearing. 8.45.030 Development Standards and Regulations. A. Permitted in the M-1 (Light Industrial) Zoning District and certain PD (Planned Development) Zoning Districts. An Emergency Shelter may only be established in the M-1 (Light Industrial) Zoning District and similar PD (Planned Development) Zoning Districts if the project site has an Industrial Park or Business Park/Industrial General Plan Land Use designation. B. Compliance with M-1 (Light Industrial) Zoning District standards. An Emergency Shelter shall comply with all development standards and regulations contained in Chapter 8.28 (Industrial Zoning Districts) and Chapter 8.36 (Development Regulations) for an M-1 (Light Industrial) Zoning District. An Emergency Shelter located within a PD (Planned Development) Zoning District shall comply with all development standards and regulations contained within the approved Development Plan for the PD zoning district. Where the PD zoning district does not specify a development standard or regulation, the M-1 (Light Industrial) standards and regulations shall apply. C. Off-Street Parking. An Emergency Shelter shall comply with all applicable provisions of Chapter 8.76 (Off-Street Parking and Loading Regulations). D. On-Site Management and Security. On-site management and on-site security shall be provided during the hours when the Emergency Shelter is in operation. E. External Lighting. The Emergency Shelter shall provide external lighting in accordance with building security requirements contained in the Dublin Municipal Code Chapter 7.32 to maintain a safe and secure environment. F. Emergency Shelter Management Plan. The operator of an Emergency Shelter shall prepare and submit a management plan to the Community Development Director that includes, as applicable, the following: staff training to meet the needs of shelter residents; community outreach; adequate security measures to protect shelter residents and surrounding uses; services provided to assist residents with obtaining permanent shelter and income; and, screening of residents to ensure compatibility with services provided at or through the shelter. G. Length of Stay. No individual or family shall reside in an Emergency Shelter for more than 30 consecutive days. H. Proximity to Public Transit and Services. An Emergency Shelter shall be located near public transportation, supportive services and/or commercial services to meet the daily needs of shelter residents. If necessary, an Emergency Shelter shall ensure a means of transportation for shelter residents to travel to and from related supportive services provided off-site. I. Noise/Nuisances. All activities associated with an Emergency Shelter shall be conducted entirely within the building. Noise shall be limited so as not to create an 90#16 adverse impact on surrounding uses. No loudspeakers or amplified sound shall be placed or project outside of the shelter. J. City, County and State Requirements. An Emergency Shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from City, County and State agencies or departments. An Emergency Shelter shall comply with all County and State health and safety requirements for food, medical and other supportive services provided on-site. 8.45.040 Zoning Clearance. A Zoning Clearance shall document compliance of the Emergency Shelter with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the Emergency Shelter. SECTION 18. Chapter 8.46 (Single Room Occupancy Units) is hereby added to Title 8 of the Dublin Municipal Code to read as follows: CHAPTER 8.46 SINGLE ROOM OCCUPANCY UNITS 8.46.010 Purpose and Intent. The purpose of this Chapter is to provide procedures and standards to encourage and facilitate the establishment of Single Room Occupancy Units. 8.46.020 Permitting Procedures. A. C-2 (General Commercial) and comparable PD (Planned Development) Zoning Districts. Single Room Occupancy Units shall be conditionally permitted in the C-2 zoning district, or comparable PD zoning district, if the following development standards and regulations are met: 1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made. 2. Common bathroom facilities are provided on-site if individual units do not contain a bathroom. 3. Common kitchen facilities are provided on-site if individual units do not contain a kitchen. 4. Individual Single Room Occupancy units may contain either kitchen or bathroom facilities, but shall not contain both. 5. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). 6. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review). 10 of 16 7. All other applicable provisions of the Zoning Ordinance are met. SECTION 19. Chapter 8.47 (Supportive Housing) is hereby added to Title 8 of the Dublin Municipal Code to read as follows CHAPTER 8.47 SUPPORTIVE HOUSING 8.47.010 Purpose and Intent. The purpose of this Chapter is to provide procedures and standards to encourage and facilitate the establishment of Supportive Housing. 8.47.020 Permitting Procedures. A. Supportive Housing - Small (6 or fewer persons in a dwelling unit). Supportive Housing that provides shelter for 6 or fewer persons in a dwelling unit, and such persons are identified as a target population, shall be a permitted use in the A(Agricultural), R-1 (Single Family Residential), R-2 (Two Family Residential), R-M (Multi-Family Residential) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met: 1. On-site or off-site services are provided to assist Supportive Housing residents in retaining housing, improving their health status, and maximizing their ability to live, and where possible, work in the community. 2. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). 3. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review). 4. All other applicable provisions of the Zoning Ordinance are met. B. Supportive Housing - Large (7 or more persons in a dwelling unit). Supportive Housing that provides shelter for 7 or more persons in a dwelling unit, and such persons are identified as a target population, shall be conditionally permitted in the R-1 (Single Family Residential), R-2 (Two Family Residential), R- M(Multi-Family Residential), C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park), M-1 (Light Industrial) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met: 1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made. 2. On-site or off-site services are provided to assist Supportive Housing residents in retaining housing, improving their health status, and maximizing their ability to live, and where possible, work in the community. 11 of 16 3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). 4. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review). 5. All other applicable provisions of the Zoning Ordinance are met. SECTION 20. , Chapter 8.50 (Transitional Housing) is hereby added to Title 8 of the Dublin Municipal Code to read as follows: CHAPTER 8.50 TRANSITIONAL HOUSING 8.50.010 Purpose and Intent. The purpose of this Chapter is to provide procedures and standards to encourage and facilitate the establishment of Transitional Housing. A. Transitional Housing - Small (6 or fewer persons in a dwelling unit). Transitional Housing that provides shelter for 6 or fewer persons in a dwelling unit shall be a permitted use in the A(Agricultural), R-1 (Single Family Residential), R- 2(Two Family Residential), R-M (Multi-Family Residential) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met: 1. The housing is operated under specific program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time which shall be no less than 6 months. 2. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). 3. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review). 4. All other applicable provisions of the Zoning Ordinance are met. B. Transitional Housing - Large (7 or more persons in a dwelling unit). Transitional Housing that provides shelter for 7 or more persons in a dwelling unit shall be conditionally permitted in the R-1 (Single Family Residential), R-2 (Two Family Residential), R-M (Multi-Family Residential), C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park), M-1 (Light Industrial) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met: 1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made. 12of16 2. The housing is operated under specific program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time which shall be no less than 6 months. 3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). 4. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review). 5. All other applicable provisions of the Zoning Ordinance are met. SECTION 21. The following new parking standards are hereby added to Section 8.76.080.B (Residential Use Types) of Title 8 of the Dublin Municipal Code to read as follows: 8.76.080.B Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows: RESIDENTU~iL EJ~~ TYP~~ ;w . . RK ~ SPA~: ; RE , . ~ ;k,~' Emergency Shelter 1 parking space for every 20 beds plus 1 parking space for each employee on the largest shift plus 1 parking space for each com an vehicle Sin le Room Occu anc Units 1 er unit lus 1 uest arkin s ace for eve 3 units Su ortive Housin - Small 2 er dwellin Supportive Housin - Lar e 1 er 3 emplo ees on lar est shift, plus 1 er 3 beds Transitional Housin - Small 2 er dwellin Transitional Housin - Lar e 1 er 3 em lo ees on lar est shift, lus 1 er 3 beds SECTION 22. The following section is hereby added to Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 of the Dublin Municipal Code: E. Reasonable Accommodations for Persons with Disabilities. Requests for reasonable accommodation that meet the development standards and regulations contained in Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). F. Emergency Shelters. Requests to establish and operate an Emergency Shelter that meets the development standards and regulations contained in Chapter 8.45 (Emergency Shelters). 13 of 16 SECTION 23. Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows A. Building Permit. The Applicant shall submit a complete application for a Building Permit for a structure. B. Signs. If the Zoning Clearance is for a sign or signs, the Applicant shall submit a complete application for a Zoning Clearance for Permanent Signs and a complete application for a Building Permit, if applicable. C. Recreational Facility (Indoor). If the Zoning Clearance is for a Recreational Facility (Indoor), the Applicant shall submit a Zoning Clearance for Recreational Facilities (Indoor) form along with a site plan, written statement and floor plan of the building or tenant space. D. Large Family Day Care Homes. If the Zoning Clearance is for a Large Family Day Care Home, the Applicant shall submit a Zoning Clearance for Large Family Day Care Homes form along with such information requested on said form. SECTION 24. The following sections are hereby added to Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code: E. Reasonable Accommodations for Persons with Disabilities. If the Zoning Clearance is for a Reasonable Accommodation for Persons with Disabilities, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with the items required in Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). F. Emergency Shelters. If the Zoning Clearance is for an Emergency Shelter, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with the items required in Chapter 8.45 (Emergency Shelters). SECTION 25. The following section is hereby added to Section 8.116.040 (Approval) of Title 8 of the Dublin Municipal Code: E. Reasonable Accommodations for Persons with Disabilities. All requests for reasonable accommodations shall be reviewed for compliance with Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). The Zoning Clearance approval for a reasonable accommodation request shall be a completed Zoning Clearance application form and any pertinent attachments stamped approved and including a date and the signature of the Community Development Director or his/her designee. 14 of 16 F. Emergency Shelters. All requests for Emergency Shelters shall be reviewed for compliance with Chapter 8.45 (Emergency Shelters). The Zoning Clearance approval for an Emergency Shelter shall be a completed Zoning Clearance application form and any pertinent attachments stamped approved and including a date and the signature of the Community Development Director or his/her designee. SECTION 26. Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: A. Building Permit. A Zoning Clearance issued in conjunction with a Building Permit shall expire when the Building Permit expires. B. Recreational Facility (Indoor). A Zoning Clearance issued in conjunction with a Recreational Facility (Indoor) shall expire when the use is no longer operational or the facility is no longer in compliance with Chapter 8.70 (Recreational Facilities (Indoor)). C. Large Family Day Care Home. A Zoning Clearance issued in conjunction with a Large Family Day Care Home shall expire when the use is no longer operational or the use is no longer in compliance with Chapter 8.66 (Large Family Day Care Homes). SECTION 27. The following sections are hereby added to Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin Municipal Code: D. Reasonable Accommodation for Persons with Disabilities. A Zoning Clearance issued in conjunction with a Reasonable Accommodation for Persons with Disabilities shall expire when the use is no longer in compliance with Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). Upon expiration of a Zoning Clearance the lawfully established reasonable accommodation may remain in place as a legal non-conforming structure subject to Chapter 8.140 (Non-Confo[ming Structures and Uses). E. Emergency Shelters. A Zoning Clearance issued in conjunction with an Emergency Shelter shall expire when the use is no longer operational or the facility is no longer in compliance with Chapter 8.45 (Emergency Shelters). SECTION 28. Severability. In the event that any section or portion of this Ordinance is determined to be invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. 15 of 16 SECTION 29. Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. SECTION 30. Effective Date and Posting of Ordinance. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this day of 2011, by the following votes: AYES: NOES: ABSENT: ABSTAIN: i Mayor ATTEST: City Clerk ~ . 16 of 16