HomeMy WebLinkAboutPC Reso 11-08 ZOA Housing Element RESOLUTION NO. 11- 08
A RESOLUTtON OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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RECOMMENDING CITY COUNCIL ADOPTION OF ZONING ORDINANCE AMENDMEN7S
TO CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRfCTS 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 LOADlNG 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
P LPA-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 !aw 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 Ordinanee amendments as described in Exhibit
A to this Resolution; and
WHEREAS, the Planning Cornmission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recomrnends
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:
nning Commission Chair
ATTEST:
~ ~ ,
Planning Manager
G: IPA#120101PLPA-2010-00022 ZOA Housing Element Impleme~ztationlPC 03.08111PCReso 03.08.11.doc
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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
EXHIBIT A
WHEREAS, a Staff Report was submitted recommending that the City Council approve
the Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General
Plan; and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1.
Compliance with California Environmental Quality Act ("CEQA"): The Dublin Ci#y 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:
8.08A20 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 ta 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 Iimit
on the length of stay, that is linked to on-site or off-site services that a~sist 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
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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.
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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/PG -
Housin Lar e
Transitional P P P P - - - - - - -
Housin Small
Transitional - C/PC C/PC CfPC - - C/PC C/PC C/PC C/PC -
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.
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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 Municipa{ 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 regufations 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: ~
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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;
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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 persan(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. ''i
~
_ ~
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 iot coverage does not exceed 50% for a one-story
dwelling or 45% for a finro-story dwefling.
i
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,
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 shal! 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 wil( not impose an undue financia( 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.
8.45A20 Permitting Procedure. An Emergency Shelter that meets #he Development
Standards and Regulations contained within this Chapter shall be approved
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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 a licable the followin : staff trainin to meet the needs of shelter residents;
~ pP , 9 9
community outreach; adequate security measures to protect shelter residents and
surrounding uses; services provided ta 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 I
public transportation, supportive services and/or commercial services to meet the daily i
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 '~i
provided off-site. i
1. Noise/Nuisances. All activities associated with an Emergency Shelter shall be I',
conducted entirely within the building. Noise shall be limited so as not to create an
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adverse impact on surrounding uses. No loudspeakers or amplified - sound shali be
placed or project outside of the sheiter.
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).
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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 Famify 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 s#andards 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 Suppartive Housing
residents in retaining housing, improving their health status, and maximizing
their ability to live, and where possible, work in the community.
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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 !I
standards to encourage and facilitate the establishment of Transitional Housing. ~I
A. Transitional Housing - Small (6 or fewer persons in a dwelling unit). ,
Transitional Housing that pr.ovides 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), G2
(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.
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2. The housing is operated under specific program requirements that caii for
the termination of assistance and recirculation of the assisted unit to
another eligible program recipient at a predetermined future point in time
which shall be no less than 6 months.
3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations).
4. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
5. All other applicable provisions of the Zoning Ordinance are met.
SECTION 21.
The following new parking standards are hereby added to Section 8.76.080.B (Residential Use
Types) of Title 8 of the Dublin Municipal Code to read as follows:
: 8.76.080.B ; Residential Use Types. Residential Use Types shall provide off~street parking
spaces as follows:
RESIQEN7IAL USE TYPES i ~IUM~ER ~}F RARKMNG ~RAGES F~Et~U1R~[~
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 per unit lus 1 uest arkin s ace for eve 3 units
Su ortive Housin - Small 2 er dwellin
Supportive Housin - Large 1 per 3 employees on largest shift, plus 1 per 3 beds
Transitional Housin - Small 2 per dwellin
Transitional Housin - Lar e 1 er 3 emplo 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).
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SECTION 23.
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Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code is hereby amended to I
read as follows: I
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A. Building Permit. The Applicant shall submit a complete application for a Building ~I
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.
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F. Emergency Shelters. All requests for Emergency Shelters shail 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 Municipa( Code is
hereby amended to read as follows:
A. Bui~ding 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
(Indaor)).
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 Iawfully 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 severabfe and all other
sections or portions hereof shall remain in full force and effect.
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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 _ ,
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