HomeMy WebLinkAboutOrd 01-17 Dublin Zoning Ordinance Chapters 8.4 & 8.8 Amendments ORDINANCE NO. 01 — 17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.40 (ACCESSORY
STRUCTURES AND USES REGULATIONS) AND 8.80 (SECOND UNITS REGULATIONS)
EFFECTIVE CITY-WIDE PLPA-2016-00062
WHEREAS, Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 become effective on January
1, 2017 and modify the State law and the requirements for second units or "accessory dwelling units"
related to unit size, setbacks, parking, and fees; and
WHEREAS, Dublin Zoning Ordinance Chapter 8.80 (Second Units Regulations) allows for the
establishment of a second unit on a lot with an existing, detached, single-family dwelling unit in the
Single Family Residential (R-1) zoning district and in a Planned Development zoning district (if not
specifically prohibited by the PD regulations) subject to certain standards; and
WHEREAS, Zoning Ordinance amendments to Chapter 8.40 are necessary to comply with
State law and clarify the regulations for second units; and
WHEREAS, The proposed Zoning Ordinance Amendments: 1) increase the maximum unit
size, modify setbacks and reduce the parking standards in specific instances consistent with State
law; and 2) clarify that the land use and development regulations for accessory structures and
accessory uses are independent from the regulations for second units; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December 13,
2016, during which all interested persons were heard, and adopted Resolution 16-25 recommending
City Council adoption of the proposed Zoning Ordinance Amendments; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval
of the proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance
Amendments on January 10, 2017, at which time all interested parties had the opportunity to be
heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the City Council 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, the City Council of the City of Dublin does ordain as follows:
SECTION 1:
Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the
Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable
Specific Plans in that the Amendments are necessary to comply with State law and are consistent
with applicable land use regulations and development policies.
Ord No. 01-17, Adopted 02/07/2017, Item No. 4.5 Page 1 of 4
SECTION 2:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts and
that environmental documents be prepared. Pursuant to the CEQA, the City Council hereby finds the
project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with
certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not
have a significant effect on the environment. The adoption of the proposed Ordinance does not, in
itself, allow the establishment of any use or the construction of any building or structure, but sets forth
the regulations that shall be followed if and when a use is proposed to be established, or a building or
structure is proposed to be constructed, or a site is proposed to be developed. This Ordinance of
itself, therefore, has no potential for resulting in significant physical change in the environment,
directly or ultimately.
SECTION 3:
Section 8.40.020 D (Requirements for Specific Accessory Structures that Apply City-wide) of Title 8 of
the Dublin Municipal Code is hereby amended to add the following:
"3. Second Units. Second units are subject to the provisions of Chapter 8.80, Second Unit
Regulations."
SECTION 4:
Section 8.40.030 C (Requirements for Specific Accessory Uses that Apply City-wide) of Title 8 of the
Dublin Municipal Code is hereby amended to add the following:
"4. Second Units. Second units are subject to the provisions of Chapter 8.80, Second Unit
Regulations."
SECTION 5:
Section 8.80.040 (Development Standards and Regulations) of Title 8 of the Dublin Municipal Code is
hereby amended to read as follows (with text in strikeout format indicating deletion and underlined
text indicating addition):
"A building permit for a second unit will only be issued if it complies with the following development
standards:
A. Permitted in the R-1 district and certain Planned Development districts. A second unit may
only be permitted in the R-1 zoning district and in a Planned Development zoning district which
specifically allows second units or in a Planned Development zoning district (if not specifically
prohibited by the PD regulations) which is subject to underlying R-1 standards where second units
are not specifically prohibited by the PD regulations.
B. Existing detached single-family dwelling unit. The lot on which a second unit is located shall
contain a legal existing, detached, single-family dwelling unit.
C. Maximum of one second unit per lot. There shall be a maximum of one second unit per lot.
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D. Unit size. The total floor area of an attached or detached second unit shall be not less than 275
square feet, nor more than 1,2001,000 square feet. Further, in no case shall an attached second unit
exceed 35%50% of the existing living total loon area of the existing single-family residence. For the
purposes of this section "living area" shall mean the interior habitable area of a dwelling unit including
basements and attics but does not include a garage or any accessory structure.
E. R-1 development standards. The second unit shall conform to the development standards of
the R-1 zoning district except as follows: including, but not limited to, setbacks and height but
1. No setback shall be required for an existing garage that is converted to a second dwelling
unit.
2. A setback of no more than five feet from the side and rear lot lines shall be required for an
accessory dwelling unit that is constructed above a garage.
3. As specified in this Chapter or by state law.
F. Parking. The second unit shall be provided with one additional off-street parking space in
accordance with the requirements of Chapter 8.76, Off-Street Parking and Loading, except that the
space may be compact, may be uncovered, and may be in tandem with the required parking of the
principal dwelling unit. A curb cut shall be provided to City Standards. The second unit parking shall
be in addition to parking required for the dwelling unit. The additional off-street parking space is not
required in any of the following instances:
1. The second unit is located within one-half mile radius of a public transit stop.
2. The second unit is located within an architecturally and historically significant historic
district.
3. The second unit is within the existing primary residence or an existing accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the second
unit.
5. When there is a car share vehicle located within one block of the second unit.
G. Public utilities and services. Second units shall be served by public water and sewer and shall
have access to an improved public street.
H. Design Compatibility. The second unit shall incorporate the same or similar design features,
building materials, colors, and landscaping as the existing residence to give the appearance of a
single-family residence.
I. Entrance visibility. The entrance of a second unit shall not be visible from the street.
J. Coverage. The principal residence and second unit combined shall not cover more than 60% of
the lot.
K. Occupancy.
1. Applications shall be limited to owner-occupants.
Ord No. 01-17, Adopted 02/07/2017, Item No. 4.5 Page 3 of 4
2. No more than one dwelling unit on the parcel shall be rented or leased. The rental or
lease period shall be longer than 30 days.
3. The owner of the lot may occupy either the principal residence or the second unit.
4. Either of the units may remain vacant.
5. The second unit shall not be sold separately.
M. No subdivision shall be allowed unless the division meets the applicable
requirements of Title 8 and Title 9 of the Municipal Code.
L. Building setbacks. If the second unit is detached, from the principal residence on the site, the
distance between the structures shall be determined by Chapter 7.34 Dublin Residential Code the
Uniform building Code, but no more than 100 feet from the principal residence on the site.
SECTION 6:
Section 8.80.050 (Submittal Procedures of Title 8 of the Dublin Municipal Code is hereby amended to
delete Section 8.80.050 F (Deed Restriction) and to renumber Section 8.80.050 G (Building Permit
Issuance) as Section 8.80.050 F.
SECTION 7:
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part
thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such
illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability
to other persons or circumstances.
SECTION 8: 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 final
adoption. 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 39633 of the Government Code of
California.
PASSED, APPROVED AND ADOPTED this 7th day of February 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
ABSTAIN: j4171P1(
' Mayor
ATTEST: l4 G. Pri*
1. City Clerk
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