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Home My WebLink AboutPC Reso 16-25 Rec CC ZOA Chapter 8.40, 8.80 2nd Units RESOLUTION NO. 16-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS) AND CHAPTER 8.80 (SECOND UNITS REGULATIONS) EFFECTIVE CITY-WIDE PLPA-2016-00062 WHEREAS, Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 will 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 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; and WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning Commission recommend that the City Council find this 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; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission held a public hearing on the proposed Zoning Ordinance Amendments on December 13, 2016; and WHEREAS, proper notice of said hearing was given in all respects as required by law; 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. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 13th day of December 2016 by the following vote: AYES: Mittan, Kohli, Bhuthimethee NOES: ABSENT: Do ABSTAIN: Planning Commission Chair ATTEST: Assistant Cor 1munity Development Director • 2 of 2 ORDINANCE NO. xx — 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-XX 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 XXX, 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 EXHIBIT A TO ATTACHMENT 1 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. 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. 2 of 5 C. Maximum of one second unit per lot. There shall be a maximum of one second unit per lot. 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-fleer 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 excluding density standards. 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. 3 of 5 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. 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. 6. A deed restriction shall be recorded setting forth the occupancy requirements. 76. 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 -- - - •• - - - --- e- -e --e - _ .. -_ e -- __ - - -- - - - e- -- s#e. 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. 4 of 5 PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of , 2017, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5 of 5