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HomeMy WebLinkAbout6.3 Amend Housing Element1, OF DV 19�, -' �•�82 STAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # ❑©[�,,:012p DATE: April 5, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC . PUBLIC HEARING: PLPA-2010-00022 Zoning Ordinance Amendments (Legislative) — Amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to implementation of the 2009-2014 Housing Element Report prepared by Mamie R. Waffle, Senior Planner EXECUTIVE SUMMARY: On March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009- 2014 planning period and on May 12, 2010 the updated Housing Element was certified by the Department of Housing and Community Development. 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. Some of the programs require that the Zoning Ordinance be amended to facilitate the development of a variety of housing options. The proposed Zoning Ordinance Amendments include amendments to 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 the addition of 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). The City Council will consider the proposed Zoning Ordinance Amendments. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Waive the Reading and Introduce an Ordinance 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 (Trans final Housing). S mitted By Re 'ew d By Community Development Director Assistant City Manager Page 1 of 8 ITEM NO. 3 DESCRIPTION: On March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009- 2014 planning period and on May 12, 2010 the updated Housing Element was certified by the Department of Housing and Community Development. State law requires that local jurisdictions prepare a Housing Element that addresses a variety of housing types to meet the needs of the homeless and other special needs populations within the community. Senate Bill 520 was passed in 2002 and requires that local jurisdictions remove governmental constraints and provide reasonable accommodations for persons with disabilities to obtain access to housing. Assembly Bill 2634 (passed in 2006) requires that local jurisdictions make provisions for supportive housing and single room occupancy units and Senate Bill 2 (passed in 2007) requires that local jurisdictions make provisions for emergency shelters and transitional housing. The Housing Element includes programs to address these State laws and the programs require that the Zoning Ordinance be amended. In developing the housing programs to meet State law requirements, Staff conducted a number of outreach efforts to gain input from service providers, interested stakeholders and members of the community. Study Sessions were held with the Planning Commission and City Council; community workshops were held with the Housing Committee, service providers, interested stakeholders and members of the community; and public hearings were held to review and adopt the updated Housing Element. Through the community outreach efforts input was provided on how to meet the housing needs of special needs populations. Based on the input received, Housing Program 20 addressing Reasonable Accommodation for persons with disabilities; Housing Program 21 addressing Emergency Shelters for the homeless; and, Housing Programs 22, 23 and 24 addressing Transitional Housing, Supportive Housing and Single Room Occupancy Units, respectively, were developed (see Attachment 1). These housing programs require that the Zoning Ordinance be amended. ANALYSIS: The following Zoning Ordinance Amendments implement Housing Programs 20 through 24 addressing Reasonable Accommodation, Emergency Shelters, Transitional Housing, Supportive Housing, and Single Room Occupancy Units, respectively. The proposed Zoning Ordinance amendments in strikethrough/underline format are included as Attachment 2 and the draft Ordinance is included as Attachment 3. Program 20: Reasonable Accommodation This program seeks to provide relief to persons with disabilities who need to make modifications to their homes for accessibility purposes. Certain development standards such as setbacks or lot coverage may need to be relaxed in order to ensure that persons with disabilities are able to enjoy their residences like other residents. Zoning Ordinance Amendment -Add Chapter 8.38 Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities) is proposed to be added to the Dublin Zoning Ordinance and establishes a ministerial permit process by which Page 2 of 8 persons with disabilities can seek relief from setback and lot coverage requirements through the issuance of a Zoning Clearance when certain development standards and regulations can be met. The development standards and regulations include: • The home is a legally established dwelling in an agricultural, residential or comparable Planned Development zoning district. • The home is the primary dwelling of the disabled person(s). • Any exterior modification is architecturally compatible with the dwelling and surrounding neighborhood. • A minimum 5-foot side yard setback and 10-foot rear yard setback is maintained. • Maximum lot coverage does not exceed 50% for aone-story home or 45% for atwo- story home. • Uncovered access ramp can be located anywhere if the height does not exceed the grade level finish floor of the home. . If the established development standards and regulations cannot be met, an applicant may apply for Site Development Review to request further modifications to their home to accommodate their disability. The proposed Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities) addresses reasonable accommodations (Attachment 3, pages 6-8). Program 20 also requires that the Zoning Ordinance definition for "family" be amended. The current definition could be considered a constraint to housing for persons with disabilities because it refers to a family as having 4 or fewer boarders. This definition conflicts with court decisions which concluded that the definition of family should not impose limitations on the number of persons that may constitute a family. Because 6 or fewer disabled persons could be considered boarders of a licensed community care facility, the City's current definition of family can be viewed as a potential constraint on housing for housing persons with disabilities. Zoning Ordinance Amendment -Amend Definition of "Family" The definition for "Family" in Chapter 8.08 (Definitions) is proposed to be amended to eliminate any reference to the number of individuals that can comprise a housekeeping unit (see Attachment 3, page 3). Program 21: Emergency Shelters An Emergency Shelter is a year-round shelter for the homeless. The Zoning Ordinance currently allows Emergency Shelters in all Commercial and Industrial Zoning Districts with approval of a Conditional Use Permit. With the passage of Senate Bill 2, Emergency Shelters are now required to be permitted by-right in at least one Zoning District. The M-1 (Light Industrial Zoning District) was identified in the updated Housing Element as the Zoning District where Emergency Shelters would be allowed by-right. The M-1 Zoning District was identified as an appropriate location for Emergency Shelters due to easy access to major thoroughfares and public transit. Zoning Ordinance Amendment The definition of Emergency Shelter in Chapter 8.08 (Definitions) is proposed to be amended to eliminate the reference to a Conditional Use Permit being required in Commercial and Industrial Zoning Districts (see Attachment 3, page 3). Additionally, Chapter 8.12 (Zoning Districts and Page 3 of 8 Permitted Uses of Land) is proposed to be amended to remove Emergency Shelters as a conditionally permitted use in the Commercial and Industrial Zoning Districts and to add Emergency Shelters as a permitted use in the M-1 (Light Industrial) Zoning District (see Attachment 3, page 4). The creation of a new chapter, Chapter 8.45 (Emergency Shelters), is also proposed to provide objective procedures and standards to encourage and facilitate the establishment of Emergency Shelters (see Attachment 3, pages 8-10). The proposed new chapter on Emergency Shelters establishes a by-right ministerial process whereby an Emergency Shelter can be approved through a Zoning Clearance if certain development standards and regulations can be met. The development standards and regulations include: • Complying with existing standards for the M-1 (Light Industrial Zoning District). • Meeting the parking requirements for the use. • Providing on-site management and security during the shelter's hours of operation. • Providing adequate external lighting throughout the site. • Submitting a Shelter Management Plan. • Limiting the length of stay to 30 consecutive days. • Locating the shelter near a public transit. • Limiting noise generated on-site. • Meeting all City, County and State requirements for the operation of the shelter. See Attachment 3, pages 8-10. Program 22: Transitional Housing. Transitional Housing is housing that is operated under program requirements that limit the length of time that occupants can live there. The length of stay can vary but must be at least 6 months. The Zoning Ordinance currently allows for Transitional Housing in the R-2 (Two Family Residential) and R-M (Multi-Family Residential) Zoning Districts with approval of a Conditional Use Permit. With the passage of Senate Bill 2, Transitional Housing must be regulated consistent with comparable residential uses and can only be subject to those restrictions that apply to other residential uses of the same type in the same zone. Zoning Ordinance Amendment The definition of Transitional Housing in Chapter 8.08 (Definitions) is proposed to be deleted and two new definitions added (see Attachment 3, page 3). Additionally, Chapter 8.12 (Zoning Districts and Permitted Uses of Land) is proposed to be amended to reflect Transitional Housing as a permitted use (when serving 6 or fewer persons) in the Agricultural and Residential Zoning Districts, a conditional use in Residential Zoning Districts (when serving 7 or more persons) and in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park) and M-1 (Light Industrial) Zoning Districts (see Attachment 3, page 4). The creation of a new chapter, Chapter 8.50 (Transitional Housing), is also proposed to provide procedures and standards to encourage and facilitate the establishment of Transitional Housing (see Attachment 3, pages 12-13). The proposed new Chapter on Transitional Housing establishes procedures and standards to encourage and facilitate the establishment of Transitional Housing. Transitional Housing that Page 4 of 8 serves 6 or fewer people in a dwelling unit would be a permitted use similar to Small Community Care Facilities serving 6 or fewer people and would be considered a residential use of the property. Transitional Housing that serves 7 or more people in a dwelling unit would be a conditional use similar to Large Community Care Facilities which serve 7 or more people and would be reviewed by the Planning Commission. Program 23: Supportive Housing Supportive Housing is occupied by a target population as defined in the Health and Safety Code and includes low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions and has no limit on the length of stay. The housing is linked to services to meet the needs of the residents and those services could be located on-site or off-site. The Zoning Ordinance does not currently address Supportive Housing. With the passage of Senate Bill 2, local jurisdictions are now required to allow Supportive Housing. Zoning Ordinance Amendment Chapter 8.08 (Definitions) is proposed to be amended to include a definition for Supportive Housing .(see Attachment 3, pages 2-3). Additionally, Chapter 8.12 (Zoning Districts and Permitted Uses of Land) is proposed to be amended to reflect Supportive Housing as a permitted use (when serving 6 or fewer persons) in the Agricultural and Residential Zoning Districts, a conditional use in Residential Zoning Districts (when serving 7 or more persons) and in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park) and M-1 (Light Industrial) Zoning Districts (see Attachment 3, page 4). The creation of a new chapter, Chapter 8.47 (Supportive Housing), is also proposed to provide procedures and standards to encourage and facilitate the establishment of Supportive Housing (see Attachment 3, pages 11-12). Similar to Transitional Housing, the proposed new Chapter on Supportive Housing establishes procedures and standards to encourage and facilitate the establishment of Supportive Housing. Supportive Housing that serves 6 or fewer people in a dwelling unit would be a permitted use similar to Small Community Care Facilities serving 6 or fewer people and would be considered a residential use of the property. Supportive Housing that serves 7 or more people in a dwelling unit would be a conditional use similar to Large Community Care Facilities which serve 7 or more people and would be reviewed by the Planning Commission. Program 24: Single Room Occupancy (SRO) Units Single Room Occupancy Units are one-room units which are not required to have a kitchen or bathroom and are intended for occupancy by a single individual. The Zoning Ordinance does not currently address SRO's. With the passage of Assembly Bill 2634, local jurisdictions are now required to make provisions for SRO's. The Housing Element identifies the C-2 (General Commercial) Zoning District to allow SRO's as a conditionally permitted use. During the development of the updated Housing Element, the Housing Committee and members of the public discussed what would be the most appropriate Zoning District for Single Room Occupancy Units. The C-2 Zoning District was chosen due to easy access to major thoroughfares and public transit as well as access to services that may be necessary to meet the needs of residents of a Single Room Occupancy Unit. Page 5 of 8 Zoning Ordinance Amendment Chapter 8.08 (Definitions) is proposed to be amended to include a definition for Single Room Occupancy Units (see Attachment 3, page 2). Additionally, Chapter 8.12 (Zoning Districts and Permitted Uses of Land) is proposed to be amended to reflect Single Room Occupancy Units as a conditional use in the C-2 (General Commercial) Zoning District (see Attachment 3, page 4). The creation of a new chapter, Chapter 8.46 (Single Room Occupancy Units), is also proposed to provide procedures and standards to encourage and facilitate the establishment of Single Room Occupancy Units (see Attachment 3, page 10). The proposed new Chapter on Single Room Occupancy Units establishes procedures and standards to encourage and facilitate the establishment of Single Room Occupancy Units. A Single Room Occupancy Unit development would be a conditional use in the C-2 (General Commercial) Zoning District and would be reviewed by the Planning Commission. Associated Zoning Ordinance Amendments In addition to the aforementioned Zoning Ordinance Amendments, other sections of the Zoning Ordinance are proposed to be amended to ensure internal consistency with the new regulations related to Emergency Shelters, Transitional Housing and Supportive Housing. This includes amendments to Chapter 8.16 (Agricultural Zoning Districts), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts) and Chapter 8.28 (Industrial Zoning Districts). These amendments are necessary to ensure consistency throughout the Zoning Ordinance. Chapter 8.76 (Off-Street Parking and Loading Regulations) is proposed to be amended to include parking standards for Emergency Shelters, Single Room Occupancy Units, Supportive Housing and Transitional Housing (see Attachment 3, page 13). The parking standards proposed are as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED 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 Su ortive Housin - Lar e 1 er 3 em to ees on lar est shift, lus 1 er 3 beds Transitional Housin -Small 2 er dwellin Transitional Housin - Lar e 1 er 3 em to ees on lar est shift, lus 1 er 3 beds The parking standards for Emergency Shelters and Single Room Occupancy Units are new standards that have been derived based on a consultation of a number of sources including the American Planning Association Parking Standards manual as well as other Bay Area cities. The parking standards for Supportive and Transitional Housing are based on the existing Zoning Ordinance standards for Community Care Facilities. Chapter 8.116 (Zoning Clearance) is proposed to be amended to add Reasonable Accommodations for Persons with Disabilities and Emergency Shelters to the list of applications subject to a Zoning Clearance (see Attachment 3, pages 13-16). Page 6 of 8 Planning Commission Meeting On March 8, 2011, the Planning Commission adopted Resolution 11-08 recommending City Council adoption of the proposed Zoning Ordinance amendments (Attachment 4). CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan in that they implement the programs adopted as part of the 2009-2014 Housing Element update. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Hearing Notice was published in the Valley Times and posted at several locations throughout the City. The Public Hearing Notice was also mailed to all stakeholders and interested parties including service providers, developers, property owners, housing advocates and other participants in the community workshops, Study Sessions and public hearings held as part of the Housing Element update. To date, the City has received no objections regarding the Project. ENVIRONMENTAL REVIEW: . The Dublin Cify Council adopted a Negative `Declaration on Ma~ch~~2, 2010 for the 2009-2014 Housing Elemenf 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. Staff recommends that the City Council find the adoption of the Zoning Ordinance Amendments to be exempt from further environmental review under Section 15061(b)(3)-as the project will not have a significant effect on the environment. ATTACHMENTS: 1) Housing Programs 20-24 (The full Housing Element is available on-line at: www.ci.dublin.ca.us. Click on Departments/ Community Development/ Planning/ Document Library/ 2009-2014 Housing Element). 2} Proposed Zoning Ordinance Amendments in Strikethrough/Underline format. 3) Ordinance amending Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses ~ ~ of Land); 8.16 (Agricultural° Zoriing 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). 4) Planning Commission Resolution 11-08 recommending City Council adoption of Zoning Ordinance Amendments to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Page 7 of 8 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). G:IPA#120101PLPA-2010-00022 ZOA Housing Element ImplementationlCC 1st Rending 04.OS.IIICCSR 04.05.1 /.doc Page 8 of 8 r City of Dublin Housing Element (2009-2014) r 4. Removal of Governmental Constraints ' Under State law, the Housing Element must address, and where .legally possible, remove govenunental constraints affecting the maurtenance, improvement, and development of housing. The following. programs are designed. to .mitigate gwerinment constraints on .residential development and facilitate development of housing affordable to lower and moderate income households, including families, seniors; and persons with special needs. Program 18: Fee Deferment or Amortization The City will continue to offer deferment or amortization of .planning/developrnent fees for senior housing units and affordable units for lower and moderate income households to reduce the- initial cost impact on an affordable housing project. The City will determine on a case-by-case basis the financial need of. the project and the most appropriate type of assistance based on the City's Inclusionary Zoning Ordinance. .Financing: Inchisionary Zoning In-Lieu Fee Fund Implementation Community Development Department; Planning Commission; and City Res onsibilit : Council • Assist 100 units through the deferment or amortization of fees subject Timeframe and to funding availability (1S extremely low, 25 very low, 35 .low, and 25 Objectives: moderate income units . Relevant Policies: Policy A.2 Program 18: Universal Design Ordinance In 2007, the City adopted a Universal Design Ordinance that requires new single-family home developers to install base universal design features in all single-family developments of 20 or more homes. The Universal Design Ordinance is substantially the same as the Madel Universal Design. Local Ordinance adopted by the California Department of Housing and. Community Development. Financin Permit rocessin fees Implementation .Res onsibilit : Community Development Department • Produce a brochure on universal design, resources for design Timeframe and approaches, and compliance with City requirements in 2009. Brochure Objectives: and other related inforrrnation Nill be posted at the City website and distributed at ublic counters. Relevant Policies: Polic A.4; Polic A.7 I Program 20: Reasonable Accommodation Circumstances ,may arise when it--would be reasonable to accommodate requests from persons with disabilities to relax a setback requirement or another standard. of the Zoning Ordinance to ensure that homes are accessible for the mobility impaired. Reasonable accommodation may also'be needed to relax development standards, land use controls, and other zoning policies to facilitate the development of housing for persons with disabilities. Whether a particular modification is reasonable depends- on the circumstances, and must be decided on a case-by-case basis. The City will adopt a ~ I formal ministerial process for .persons with disabilities to seek relief from t}ie strict or literal application of development standards to enable them to enjoy their dwellings like other residents in Dublin, and to grant accommodations for new development of housing for persons with disabilities. i 17 ~-~I ATTACHMENT 1 j I ~ ~ City of Dublin ~ Housing Element (2009-2014) ~ Dublin's Zoning Ordinance defines a "family" as one or more persons occupying a dwelling and living as a single, non-profit housekeeping unit, as distinguished from a group occupying a hotel, ' club, fraternity or sorority house. A family includes any servants and four or fewer boarders. Based , on court decisions, the definitiai of family should not distinguish between related and unrelated persons and should not impose liuvtations on the number of persons that may constitute a family. ' Because six or fewer disabled persons could be considered "boarders" of a licensed cominu~uty care facility, the City's current definition of family can be viewed as a potential constraint on housing for persons with disabilities. The City will revise its definition to eliminate references to the number of individuals that can comprise a single housekeeping unit. Financing: Minor administrative cost to the City Implementation Community Development Department Res onsibilit • Revise Zoning Ordinance to amend definition of "family" and to Timeframe and prepare a formal reasonable accommodation procedure within one year Objectives: of the ado lion of the Housin Element. ' Relevant Policies: Policy A.4; Policy A.7 + Program 21: Emergency Shelters The term "Emergency Shelter" means a housing facility maintained to provide a temporary, short- term residence for homeless individuals. or families offering limited supplemental services for the ' homeless population year-round, provided no facility is used for more than a month at a time by any individual or family. An Emergency Shelter may be accessory to a public or civic type use. Currently, emergency shelters are conditionally permitted in the C-O, C-N, C-1, C-2, M-P, M-1, and M-2 zoning districts, and subject to the approval of the Planning Commission. I The Zoning Ordinance will be amended to permit emergency shelters with a ministerial permit within ' the M-1 zone district pursuant to SB 2 enacted, in 2007. The M-1 zone district covers approximately 180 acres on 6T parcels in Dublin. The parcels are located along transportation routes and are developed with a mix of light industrial, office, and warehousing uses. .Adequate capacity exists either through redevelopment of older uses or through adaptive reuse of older structures to accommodate at least one year-round emergency shelter to accommodate the City's estimated , homeless population of 39. ! Financing: Minor administrative cost to the City Implementation Community Development Department; Plarming Commission; and City ' Res onsibili Council Timeframe and • Revise the Zoning Ordinance. within one year of the adoption of the Objectives: Housing Element to accommodate Emergency Shelters. consistent with. ~ SB 2. Relevant Policies: Policy A.4;_Policy A.6; Policy D.2 Program 2Z: Transitional Housing , SB 2 adopted in 2007 mandates that local jurisdictions must address housing options for the homeless including transitional housing. California Health and Safety Code (Section 50675.2) defines ~ "transitional housing" and "transitional housing development" as buildings configured as rental housing developments, but 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. 'This definition of 18 ' i City of Dublin Housing Element (2009-2014) transitional housing does not encompass all transitional housing facilities regulated by the City of Dublin, particularly those that operate similar to group quarters and charge fees rather than rents. The Zoning Ordinance will be amended to clarify the permitting requirements for transitional housing facilities. For transitional housing that operates as group housing, the City's permitting requirements for community care facilities apply, consistent. with the Lanterman Developmental Disabilities. j ' Services Act. For transitional housing that is regular housing, such housing will be permitted where similar housing is otherwise permitted. Financing: Minor administrative cost to the City Implementation Community Development Department; Planning Commission; and City Res onsibilit Council. • Revise the Zoning Ordinance to accommodate transitional housng Tirneframe and consistent with SB 2 within one year of the adoption of the Housing Objectives: Element. • Facilitate the development of transitional housing for persons with disabilities and extremel lo~v income households usin in-lieu fees. Relevant Policies: Policy A. l; Policy A.4; Policy A.6; Policy A.7; Policy D.2 Program 23: Supportive Housing SB 2 adopted in 2007 mandates that local jurisdictions must address housing options for the homeless. including supportive housing. California Health and Safety Code (Section 50675.2) defines "supportive housing" as housing with no limit on length of stay, that is occupied by a target population defined in Health & Safety Code Section 53260 (i.e. low income persons with mental. disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned 18) and that is linked to onsite or offsite services that .assist the supportive housing resident in retaining the housing, improving his or her health status, and maxiinizing.his ot: her ability to live and, when possible, work ut the community. This definition does not encompass all forms of supportive housing, which can be acconuuodated in single-family .homes, multi-family units, or group quarters. Currently, the Zoning Ordinance does not address supportive housing. ~ To facilitate and encourage the provision of supportive housing in Dublin, the Zoning Ordinance will be amended to clarify the permitting requirements for supportive housing facilities. For supportive housing that operates as group housing, the City's permitting requirements for community care facilities apply, consistent with the Lanterman Developmental Disabilities Services Act. .For supportive housing that is regular housing, such housing will be permitted where similar housing is otherwise permitted. Financing: Minor administrative cost to the City Implementation Community Development Department; Platututg Commission, and City I Res onsibilit Council • Revise the Zoning Ordinance to accommodate supportive housing Timeframe and consistent with SB 2 within one year of the adoption of the Housing Element. Objectives: . Facilitate the development of supportive housing for persons with disabilities and extremel low income households usin in-lieu fees. Relevant Policies: Policy A.1; Policy A.4; Policy A.6; Policy A.7; Policy D.2 ~ I 19 City of Dublin ' Housing Element (2009-2014) ~ Program 24: Single Room Occupancy (SRO) Units An SRO unit is a one-room unit intended for occupancy by a single individual. It is distinct from a ` studio or efficiency unit, in that a sh~dio is a one-room unit that must contain a kitchen and bathroom. ~ Although SRO units are not required to have a kitchen or bathroom, many SROs today have one or the other. Currently, the Zoning Ordinance does not expressly address SROs. ~ The Zoning Ordinance will be amended to facilitate a~td encourage the provision of SROs consistent with AB 2634 enacted in 2007. SROs will be conditionally permitted in the C-2 (General Conunercial) zone. Criteria that would be used to review Conditional Use Permit (CUP) applications ' for SROs pertain to performance standards. Potential conditions for approval of these facilities may ; include hours of operation, parking, security, loading requirements, and management. Conditions would be similar to those for other similar uses in the same zones. The required findings for. approval of a CUP are stated_in Section 8.100.060 of the Zoning Ordinance and are the same findings currently required for approval of large community care facilities. i Financing: Minor administrative cost to the City Implementation Community Development Department; Planning Commission; and City ~ Res onsibilit Council • Revise the Zo?ting Ordinance within one year of the adoption of the Timeframe and Housing Element to accommodate Single Room Occupancy units ' Objectives: consistent with AB 2634. , • Encourage the inclusion of SRO/efficiency units in large-scale develo menu to offer a ran a of housin choices. Relevant Policies: Policy A.1; Policy A.4; Policy A.6; Policy A.7; Policy D.2 i 5. Promotion of Equal Housing Opportunity ~ To adequately meet the housing needs of all segments of the community, the Housing Plan must ~ include program(s) that promotes housing opporhmities for all persons regardless of race, religion, ~ ~ sex, family status, marital status, ancestry, national origin, color, age, physical or mental disability, ~ sexual orientation, source of income, or any other arbitrary factor. i Program 25: Equal Housing Opportunity ~ ~ The City of Dublin contracts through Alameda County with ECHO Housing to investigate fair 'I housing complaints and provide fair housing counseling and mediation services. The Ciry's Housing Coordinator/Specialist is the point-of-contact for fair housing complaints, information requests, and referrals to ECHO housing. Financin CDBG; minor administrative cost to the Cit ~ Implementation Community Development Department; ECHO I-Iousing; and Alameda ~ ~ Res onsibili Coen Communit Develo ment A enc ~ • Provide referrals to appropriate agencies for services. • Distribute fair housing information to public locations. • Post-information on the Ciry website. Timeframe and . Distribute information to real estate agents, rental property ' Objectives: , owners/managers, and financial instihrtions in Dublin. • Participate in Alameda County's Impediments to Fair Housing Shady throe h the CDBG ro ram. , Relevant Policies: Polic D.1; Polic D.2; Polic D.3 I 20 I Proposed Zoning Ordinance Amendments in Strikethrough/Underline Format CHAPTER 8.08 (DEFINITIONS) 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 two persons living together as a domestic unit, and where the living and sleeping space are combined. A one-room dwelling unit is not required to contain a bathroom or a kitchen except that if a bathroom or kitchen is not provided within the unit such common facilities shall be provided on-site for residents. A unit that contains both a bathroom and kitchen shall be considered a studio unit and not a Single Room Occupancy Unit. Common facilities for laundry may or may not be provided on-site. Supportive Housing -Small (Use Type). The term Supportive Housing -Small shall mean a dwelling unit occupied by a target population of 6 or fewer persons, with no limit on the length of stay, that is linked to on-site or off-site services that assist the supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code Section 4500) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people. 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 1 of 20 ATTACHMENT 2 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. 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 Definitions (A-Z) Emergency Shelter (Use Type). The term Emergency Shelter shall mean a g facility that provides a temporary, short-term r-esi~se housing, with minimal supportive services, for homeless individuals or families, provided that no facility shall be used as a temporary, short-term residence by any individual or family for more than 30 consecutive days. ^~°ri^^ 'i^..i+e,, ~„„„lo,~,o.,+~l ~.or.,i,.o~ fnr +ho hnrv~elec~c~ 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 -as 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. T f° -~n" ~or,,,n+~. fns ~r nr fe,.,er ~ea~ers- The following definition in Section 8.08.020 (Definitions A-Z) of Title 8 of the Dublin Municipal Code is hereby deleted in its entirety: Transitional Housing (Use Type1. F3~ae~-#n rvr~ri~°.~nTe~e~~ rin`J ~t~~~~~c~~no T+~y n~g r~ ~~ihinh ~Ic~n 6~eFS--At~2~F-S9C7~'I~5"a$1.'afl~-E'8P}}A~-+ro-a~.'rSf~J± T°a-,°~T`+vc-rrcS Fn ..nhi ~iinp-°~~f r ~ i ihien+ +n +ho r~rn~inl ~ Dl.~nr.ir,n ~ ~+r, rl +h~ nri+orir. r~rJ a-rid-s~~~,~a~~,-$f t#~~r<„r,9--o ee,e~~,~-~,~~-~,Q 2of20 7~ CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND) Portions of Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code are hereby amended 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 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. COMMERCIAL USE TYPES COMMERCIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE c"^~^~^~ - - - - ~S CAS GAS C/~C C~P-O SAS SAO C4,v 3of20 ,CHAPTER 8.16 (AGRICULTURAL ZONING DISTRICT 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. 4of20 CHAPTER 8.20 (RESIDENTIAL ZONING DISTRICTS The following sections within Section 8.20.030 (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: O. Transitional Housing. For r°n,.ir°,,,°^+c fnr Transitional Housing regulations please see ~ Chapter 8.50. P. Supportive Housing. For Supportive Housing regulations please see Chapter 8.47. Section 8.20.040 (Requirements for Transitional Housing) of Title 8 of the Dublin Municipal Code is hereby deleted in its entirety. S2 7A AAA Den~~insmer~+c fir Tr~r~~ifi~nnl LJ~~~cint. A~ Tr.~r~c.itinr~.~l V/1~~c.i'~TGT~7'7m'i~C4tiq~Ytiit"d~Vi'f iii ~~~.~Tmi+~ Tr7nci+inn71 ~Ae, °rli~ ~m 4.linh I'1~Ft~~~~°~rD~~nninn (`nmmie in~#~II h~° +h~c R Tr~+n~i ~~cinn 11 .+m f ~nr! D rFnnm~r~ne C~~niJ~r~l~ v-~rarrart~ ~v~y~lOpnTe`H~ur~r ~~~+rnnc+i+inn~l hn~ ~einn h~e~~ .~~c~ihili+.. +n r,~_n~+t$ imn~n+~ nn n+h°r ~ ~~i~9c°~rnre~a'tiVt'1'-~e~t°rn.+l link+inn nnrl nnic+° i~+ L°n+ +n~ rv~inim~ ~rr~ fnr +h° it~bA'tiC1t , c°niin°c nnrl nnrr~rv~°rni.~l ~.°niin°c +n r»°°+ rl~il~i n°°r?~ of r°c+irl°n+c s doh ~nc't~n~l hn~ ~c inn ie rl°cjpn°r) rn~iiiJ° ~°n~ c °ni iri+~i mc~o~ it°c b°inn c°ni°rl 5of20 lD- +r~nei+inn~l hn~ ~~in~r nncr~+inn ~niJ m~n~nomon+ ice. in ~nrl mein+~ine in r f +r~t' ~°I^n ~nnnriJ.~nno ~~ii+h +hc Ilc~iclnnmcn+ 6 of 20 CHAPTER 8.24 (COMMERCIAL ZONING DISTRICTS) Portions of Section 8.24.030 (Permitted and Conditionally Permitted Land Uses, Regulations, and Performance Standards) of Title 8 of the Dublin Municipal Code are hereby amended as follows: v. €rimer-~cp~-~-S#~e~ters~~eerr+er~s~~erg~nn„ Chol+or~~~~~ 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. 7 of 20 CHAPTER 8.28 (INDUSTRIAL ZONING DISTRICTS) Portions of Section 8.28.060 (Permitted and Conditionally Permitted Land Uses, and Regulations) of Title 8 of the Dublin Municipal Code are hereby amended to read as follows: K. Emergency Shelters. For ror~~ ~irerv~cn+c fnr Emergency Shelters regulations please see ~ Chapter 8.45. X984} 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 8.28.070 (Requirements for Emergency Shelter Projects) of Title 8 of the Dublin Municipal Code is hereby deleted in its entirety. '~.^'-o,~~teq~er~epts-#eFE~er~ep~f}e1~teF-R~ets,.+~~--.z~.-. ^ ~ ~~-94 -fA~t~e~ ~AA4} A C.v. n~i Chel+p~. nr~~ `w', nrli AMY~~i An T~GTITe~eTY~V77Tifi4T~e7'7'ITr~ ~Af1 S aTl~i,~raT Crv~cnrcnn~i Cholfor is ~ nnnrli+inn~ll~i ncrrv~iHciJ I~n~J ~ ~c o in III nnmmorni~l rJic+ ~n~~r~• ~crni~l Dl~nn~_~~ rim n~c•~.+?~~nT ~orn~6~~',~~ ~gppL~ nr ni~iin +~ino ~ ~ca°c: Trn~ ~Tfie+~a~-use-p~rmi~rrc ~~iCarJ~°-.`7Pe-~ nn~+riv~Coc^o+~n Q 1'~ (1C.(1\ €r~erget~e~~nefte~-9~:.etop~. T~~~p,..~-°^,~s...tiz ~~a ;a'~5~,~ Cmernennv Chol+er m~~i he nnnrli+innnll~i nerrv~i++cr) if +ho f.~nili+~i moo+c +ho ~ f nr.er~tin~noi~~ emernon^v e•helfor ~~iill nn+ reed ~I+ ir. '~~-iT .c-~~Ci-°+in~~e~ornh+inn .~niJ nnic o ie• I~GF~t, ~ minirv,~ (I,~TO~~ra ~i e•holfor ie. Inner+or1 ~~ii+h nnnoc ~ +n +r.~nc nnrFn+inr~ ~,.,.7 s ~~p~+cni~~ or^~cncrvtvc.°rtv~r°c°°++°ca.°~ Y f'' s of roe.irlnn+e. fl~et~StJ~2S-~~FA~2^v+i-faG~l+~y-F2S1(~2R~S ui~ c~~ ~rrn~n~ fl2I6~6FkF6A~- 8of20 v~n~e~~~~cru~-uc~n 'r'~rra-iwac~virtCtl°cvc~ .oho noorl~ of +ho nlionf~ hcinn c+cnicr) ~T~~}~n~cnn~~tcr nrn~iiiJoc ~rnn~nn t' inrli~iii-l~ i~lc i~n~a h +h fn+~i ron~ sir fnr fnnr~) me~,.J ~,.,nl ,.J ,.,y~., TT~CTr-RTICt-7QTGT~TG~'GTTGT7T~~~~'1-f~VRj iTTV tF1VTAT-~~i"1C'F c~ ~nnnrFive ~+eniinee. nrnviiJoiJ nn_ei~o Q~T~~ornpq~}a~tor fG~nil~~n .~nrl mein+~~~~annrl o~~nrlinn ~'n~ in+v `n'~nJid'/•n•'r'~C`~'~•fc lincnc~cc~ if ron~ ~iroiJ by Fhoc+e nnennicc fnr ~hc e e '1 !1 The rJo~iolnn~rl in nnnJnnno ~-v~ri~~l-1~~@R6~-S~1 t2F-F$ crcPCrvpcc+~rr-c~G I'1 !'`hen 7nninn I'lic+rin4 ~G~24C~i~2C~~2E~1~2~16f~S-~Ffl-oTT~ ~~o 9of20 d CHAPTER 8.38 (REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILTIES) Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities) is hereby added to 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; 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; 10 of 20 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 aone-story dwelling or 45% for atwo-story dwelling. 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: 11 of 20 ~ 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. 12 of 20 CHAPTER 8.45 (EMERGENCY SHELTERS) 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 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. 13 of 20 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 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. 14 of 20 CHAPTER 8.46 (SINGLE ROOM OCCUPANCY UNITS) Chapter 8.46 (Single Room Occupancy Units) is hereby added to Title 8 of the Dublin Municipal Code to read as follows: 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). 7. All other applicable provisions of the Zoning Ordinance are met. 15 of 20 CHAPTER 8.47 (SUPPORTIVE HOUSING) 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. 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. 16 of 20 ~i CHAPTER 8.50 (TRANSITIONAL HOUSING) Chapter 8.50 (Transitional Housing) is hereby added to 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. 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. 17 of 20 CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) The following new parking standards are hereby added to Section 8.76.080.6 (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: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Emergency Shelter 1 parking space for every 20 beds plus 1 parking space for each employee on the largest shift plus 1 parking s ace 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 per dwellin Su ortive Housin - Lar e 1 er 3 em to ees on lar est shift, lus 1 er 3 beds Transitional Housin -Small 2 er dwellin Transitional Housin - Lar e 1 er 3 em to ees on lar est shift, lus 1 er 3 beds 18 of 20 CHAPTER 8.116 (ZONING CLEARANCE) 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). Portions of Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code are hereby amended to read as follows: A. Building Permit. The Applicant shall submit a complete application for a Building Permit for a structure er-s~~. B, Signs. If the Zoning Clearance is for a permanent sign or signs, the Applicant shall submit a complete application fora "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 Home. 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. The following section is 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). 19 of 20 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 fora 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 orhis/her designee. 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. Portions of Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin Municipal Code are 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 Facilities (Indoor). A Zoning Clearance issued in conjunction with a Recreational Facility (Indoor) shall expire when the use is no longer operational or the use is no longer in compliance with Chapter 8.70 (Recreational Facilities (Indoor)) ~e-kler~es;. C. Large Family Dav Care Homes. A Zoning Clearance issued in conjunction with a Large Family Dav Care Home shall expire when the use is no longer operational or the use is no longer in compliance with Chapter 8.66 (Carpe Family Dav Care Homes). The following section is 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-Conforming 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). 20 of 20 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 11-08 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 - - ATTACHMENT 3 WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to section 8.120.050.6 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 two persons living together as a domestic unit, and where the living and sleeping space are combined. A one-room dwelling unit is not required to contain a bathroom or a kitchen except that if a bathroom or kitchen is not provided within the unit such common facilities shall be provided on-site for residents. A unit that contains both a bathroom and kitchen shall be considered a studio unit and not a Single Room Occupancy Unit. Common facilities for laundry may or may not be provided on-site. Supportive Housing -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 Definitions (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/PG - Housin (Large) 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; 6of16 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 cone-story dwelling or 45% for a two-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 9of16 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. 12 of 16 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 8.76.080.6 (Residential Use Types) of Title 8 of the Dublin Municipal Code to read as follows: 8.76.080.6 Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED 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 per 3 em to ees on lar est shift, plus 1 er 3 beds Transitional Housin -Small 2 er dwellin Transitional Housin - Lar e 1 er 3 em to 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 u 6 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 3 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-Conforming 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: Mayor ATTEST: City Clerk 16 of 16 RESOLUTION NO. 11- 08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF ZONING ORDINANCE AMENDMENTS TO 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; and WHEREAS, the City of Dublin Planning Commission held a public. hearing on the proposed amendments on March 8, 2011 at which time all interested parties had the opportunity . to be heard; and WHEREAS, a staff report was submitted recommending that the Planning Commission recommend City Council adoption of the Zoning Ordinance amendments as described in Exhibit A to this Resolution; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. ATTACHMENT 4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council find the proposed amendments in Exhibit A, which is incorporated herein by reference, consistent with the General Plan and approve the proposed amendments for the reasons set forth in this staff report. PASSED, APPROVED AND ADOPTED this 8th day of March 2011 by the following vote: AYES: Brown, Wehrenberg, Schaub, Bhuthimethee, O'Keefe NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G.•IPA#120101PLPA-2010-00022 ZOA Housing Element ImplementationlPC 03.08.111PC Reso 03.08.Il.doc 2of2