HomeMy WebLinkAboutOrd 25-04 EmergShelt&TradHsgZon
ORDINANCE NO. 25 ~ 04
AN ORDINANCE OF THE CITY OF DUBLIN
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AMENDING CHAPTER 8.08, DEFINITIONS; CHAPTER 8.12, ZONING DISTRICTS AND
PERMITTED USES OF LAND; CHAPTER 8.20, RESIDENTIAL ZONING DISTRICTS;
CHAPTER 8.24, COMMERCIAL ZONING DISTRICTS; CHAPTER 8.28, INDUSTRIAL
ZONING DISTRICTS; AND, CHAPTER 8.64, HOME OCCUPATIONS, OF THE MUNICIPAL
CODE (ZONING ORDINANCE) TO REGULATE EMERGENCY SHELTERS AND
TRANSmONAL HOUSING, PA 04~029
WHEREAS, the City of Dublin has determined that the Definitions of the Dublin Municipal Code
(Chapter 8.08); Zoning Districts And Permitted Uses Of Land of the Dublin Municipal Code (Chapter
8.12); Home Occupations (Chapter 8.64) of the Dublin Municipal Code; Residential Zoning District
(Chapter 8.20) of the Dublin Municipal Code; Commercial Zoning Districts (Chapter 8.24) of the Dublin
Municipal Code; and, Industrial Zoning Districts (Chapter 8.28) of the Dublin Municipal Code, must be
revised to more effectively regulate development within the City related to emergency shelters and
transitional housing; and
WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the
Comprehensive Revision to the Zoning Ordinance, including Chapter 8.08, Definitions; Chapter 8.12,
Zoning Districts And Permitted Uses Of Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24,
Commercial Zoning Districts; Chapter 8.28, Industrial Zoning Districts; and, Chapter 8.64, Home
Occupations, of the Municipal Code is exempt ITom the California Environmental Quality Act (CEQA).
The various modifications to the Municipal Code listed above would also not create environmental impacts
because it can be seen with certainty that there is no possibility that such amendments would have a
significant effect on the environment (CEQA Guidelines, Section 15061 (h) (3)), and the amendment is in
compliance with the General Plan and all Specific Plans adopted by the City of Dublin. Additionally, at the
same time the Housing Element of the General Plan was adopted by the City Council on June 3, 2003 with
Resolution No. 113-03, Resolution No. 112-03 was adopted approving a Negative Declaration for the
element. As the Housing Element established the policy and implementation for the ordinance amendments
being considered, the CEQA review for the element serves as the environmental review for this project
(CEQA Guidelines, Section 15062(c)). The ordinance amendments do not pertain to any particular site or
parcel of land in the City but establishes only development standards and criteria for the permitting of
emergency shelters and transitional housing which are consistent with the Housing Element of the General
Plan and all applicable Specific Plans. When an actual proposal is submitted for the development of a
specific site as a homeless facility, environmental review and analysis of the specific development for
granting of a conditional use permit in accordance with CEQA Guidelines will be performed.
WHEREAS, the Ordinance is intended to comply with the requirements of California State
Government Code Section 65863(a), Article 2, Planning and Zoning Law, regarding the provision and
regulation of emergency shelters and transitional housing, and Policy Goal F, Policy 1, and Program F. 1.1
of the Housing Element (1999-2006) of the Dublin General Plan, related to the implementation of
emergency shelters and transitional housing for the homeless population in the City of Dublin. The
ordinance regulates the use and development of emergency shelters and transitional housing for the
homeless persons in Dublin, and other matters in accordance with the statute; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on September 14, 2004, and did adopt Resolution 04-59 recommending that the City Council approve
amendments to Title 8 (Zoning Ordinance) of the Municipal Code as stated in this Ordinance; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve
the Ordinance and a properly noticed public hearing was held on September 14,2004; and
WHEREAS, the City Council did hold a properly noticed public hearing on this project on
October 5, 2004; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
amendment to the Zoning Ordinance of the Dublin Municipal Code; and
WHEREAS, pursuant to section 8. 120.050B of the Dublin Municipal Code, the City Council finds
that the Ordinance Amendment is consistent with the goals and policies of the Dublin General Plan,
implementing Goal F, Policy 1, and Program F .1.1 ofthe Housing Element (1999-2006) of the General
Plan, and other relevant goals and policies of the previously adopted Specific Plans of the City of Dublin;
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 DUBLIN CITY COUNCIL DOES ORDAIN that the City of
Dublin City Council finds that the proposed amendments to Chapter 8.08, Definitions; Chapter 8.12,
Zoning Districts And Permitted Uses Of Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24,
Commercial Zoning Districts; Chapter 8.28, Industrial Zoning Districts; and, Chapter 8.64, Home
Occupations of the Municipal Code and PA 04-029, have no possibility for a significant effect on the
environment [CEQA Guidelines, Section 15061(b)(3)]; that the proposed amendments relating to
emergency shelters and transitional housing are further exempt under CEQA Guidelines Section 15282(i);
and, that the amendment is consistent with the General Plan, any applicable Specific Plan, and the
California Municipal Code; and does, therefore, òrdain as follows:
SECTION 1. Section 8.12.050 of the Dublin Municipal Code, entitled Permitted and Conditionally
Permitted Land Uses, Land Use Matrix, is amended to add the following two rows to the "residential
use types" and "commercial use types" tables, respectively:
RESIDENTIAL USE TYPES
RESIDENTIAL USE TYPE A
Transitional Housing -
R-l R-2 R-M c-o C-N C-l
- C/PC C/PC - - -
C-2 M-P M-l M-2
-
-
-
-
COMMERCIAL USE TYPES
COMMERCIAL A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2
USE TYPE
Emenzencv Shelters - - - - C/PC CfPC CfPC CfPC CfPC CfPC CfPC
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SECTION 2. Section 8.08.020 of the Dublin Municipal Code, entitled Definitions, is amended to add the
following two paragraphs in alphabetical order in the list of defined tenns:
Eme~ency Shelter. The term Emergency Shelter shall mean 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. Emergency Shelters are conditionally permitted in all Commercial and
Industrial Zoning Districts. and certain commercial or industrial Planned Development districts. and
subiect to the approval of the Planning Commission and the applicable development and
performance standards in Section 8.24.040B and 8.20.070B.
Transitional Housine. Transitional Housing or transitional housing unit shall mean a housing facility
maintained to provide a residence for homeless individuals or families for an extended period of
time. usually six months or longer. which also offers other social services and counseling to assist
residents in achieving self-sufficiency. Transitional Housing may be accessory to a public or civic
type use. Transitional Housing is conditionally permitted in Residential Zoning Districts of Medium
or High General Plan density. and certain residential Planned Development districts. and subiect to
the approval of the Planning Commission and the criteria and performance standards in Section
8.20.40B.
SECTION 3. Section 8.20.030, Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards, Residential Zoning Districts, of the Municipal Code is amended to add the
following subsection following subsection N:
O. Transitional Housine. For requirements for Transitional Housing;. please see Section 8.20.040
of this Chapter.
SECTION 4. Section 8.20.40 is added to the Dublin Municipal Code to read as follows:
8.20.40 Reouirements for Transitional Housine
A. Transitional Housine Permitted with Conditional Use Permit. Transitional housing is a
conditionally permitted land use in certain residential districts and similar residential Planned
Development Districts developed at General Plan Medium and Medium-High densities. The
Planning Commission shall be the decision making body for issuance of a conditional use permit
(please see Land Use Matrix in Section 8.12.050).
B. Transitional Housine Develooment and Performance Standards. Transitional housing mav be
conditionally permitted if the facility is compatible with the surrounding neighborhood and/or
businesses and meets the following development and performance standards:
1. The transitional housing has high accessibility to residents and low proñJdvisibility to
others.
2. The hours of operation for the transitional housing will not result in negative impacts
on other uses.
3. The generation of externalligbting and noise is kept to a minimum for the location.
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4. The transitional housing is located with access to transportation. supportive services.
and commercial services to meet daily needs of residents.
5. The transitional housing is designed to provide adequate security measures to protect
users and the surrounding neighborhood.
6. The transitional housing design and location reflects the needs of the clients being
served.
7. The transitional housing provides transportation of individuals to and :£Tom proposed
facilities.
8. The transitional housing is in compliance with County and State health and safety
requirements for food. medical and other supportive services provided on~site.
9. The transitional housing operation and management is in and maintains in good
standing all County and/or State licenses. ifrequired by these agencies for the owner(s).
operator(s). and/or staff of the proposed facility.
10. The transitional housing is developed in accordance with the Development Regulations
in Chapter 8.36 for the Zoning District and all applicable regulations and standards of
the City of Dublin Zoning Ordinance.
SECTION 5. Section 8.24.070, Permitted and Conditionally Permitted Land Uses, Regulations, and
Peñormance Standards, Commercial Zoning Districts, of the Municipal Code is amended to add the
following subsection following subsection N:
P. Emen!ency Shelters. For reauirements for Emergency Shelters. please see Section 8.24.040
of this Chapter.
SECTION 6. Section 8.28.060, Permitted and Conditionally Permitted Land Uses, Regulations, and
Peñormance Standards, Industrial Zoning Districts, of the Municipal Code is amended to add the
following subsection following subsection J:
K. Emen!encv Shelters. For requirements for Emergency Shelters. please see Section
8.28.070 of this Chapter.
SECTION 7. Section 8.28.070, Requirements for Emergency Shelter Projects, is added to the Dublin
Municipal Code as follows:
8.28.070 Reouirements for Emen!encv Shelter Proiects
A. Emen!ency Shelter Permitted with Conditional Use Permit. An Emenzencv Shelter is a
conditionally permitted land use in all commercial districts and similar commercial Planned
Development Districts. An Emergency Shelter may be accessory to a public or civic type use. The
Planning Commission shall be the decisionmaking body for issuance of a conditional use permit
(please see Land Use Matrix in Section 8.12.050).
B. Emere:encv Shelter Development and Peñormance Standards. An Emergencv Shelter mav be
conditionally permitted if the facility meets the requirements of Chapter 8.100 and meets the
following development and performance standards:
1. The emergency shelter has high accessibility to facility residents and low proJiJe'visibility to
others.
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2. The hours of operation for the emergency shelter will not result in negative impacts on
other uses.
3. The generation of extemallighting and noise is kept to a minimum for the location.
4. The emergency shelter is located with access to transportation. supportive services. and
commercial services to meet daily needs of residents.
5. The emergency shelter is designed to provide adequate security measures to protect facility
residents and the surrounding neighborhood.
6. The emergency shelter design and location reflects the needs of the clients being served.
7. The emergency shelter provides transportation of individuals to and ITom proposed
facilities.
8. The emergency shelter is in compliance with County and State health and safety
requirements for food. medical and other supportive services provided on-site.
9. The emergency shelter facility is in and maintains in good standing County and/or State
licenses. if required by these agencies for the owner(s). operator(s). and/or staff of the
proposed facility.
10. The emergency shelter is developed in accordance with the Development Regulations in
Chapter 8.36 for the Zoning District and all applicable regulations and standards of the City
of Dublin Zoning Ordinance.
SECTION 8. Section 8.64.030, Home Occupations, of the Dublin Municipal Code is amended to add
the following subsection in alphabetical order:
F. Emen!encv Shelters and Transitional Housine. No Home Occupations of any nature shall be
permitted to operate in an established Emergency Shelter or Transitional Housing unit.
SECTION 9. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be enforced thirty (30) days following its 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 36933 of the Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 19th day of October
2004, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart
None
None
None
Mayor
ATTEST:
.~~~,
Deputy City Clerk
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