HomeMy WebLinkAboutPC Reso 20-14 Amendments to Dublin Zoning Ordinance Regarding ADU & JDU PLPA-2020-00035
ORDINANCE NO. xx – 20
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08
(DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.16
(AGRICULTURAL ZONING DISTRICT), 8.20 (RESIDENTIAL ZONING DISTRICTS), 8.24
(COMMERCIAL ZONING DISTRICTS), 8.36 (DEVELOPMENT REGULATIONS), 8.40
(ACCESSORY STRUCTURES AND USES REGULATIONS), 8.65 (COTTAGE FOOD
OPERATIONS), 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) AND 8.80
(SECOND UNITS REGULATIONS) REGARDING THE CREATION OF ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS EFFECTIVE CITY-WIDE
PLPA-2020-00035
WHEREAS, effective January 1, 2020, State law was amended regarding the creation of
accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) including Senate
Bill (SB) 13, Assembly Bill (AB) 68, AB 587, AB 670, AB 671 and AB 881 to address barriers to
development of ADUs and JADUs; and
WHEREAS, amendments to the Zoning Ordinance, including Chapters 8.08 (Definitions),
8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning District), 8.20
(Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.36 (Development
Regulations), 8.40 (Accessory Structures and Uses Regulations), 8.65 (Cottage Food
Operations), 8.76 (Off-Street Parking and Loading Regulations), and 8.80 Second Units
Regulations) are necessary to comply with State law, clarify the regulations for ADUs and JADUs,
and provide consistency in the City’s regulations; and
WHEREAS, the proposed Zoning Ordinance amendments modify the development
standards for ADUs and adds regulations for JADUs consistent with State law; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 13,
2020, during which all interested persons were heard, and adopted Resolution No. 20-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 ______, 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:
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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.
SECTION 2:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of
Dublin CEQA Guidelines and Procedures 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 statutorily exempt from the requirements of CEQA
pursuant to Public Resource Code Section 21080.17 and Section 15282(h) of the CEQA
Guidelines, which exempts adoption of an ordinance regarding second units to implement
provisions of Sections 65852.2 and 65852.22 of the Government Code.
SECTION 3:
The definitions in Section 8.08.020 (Definitions (A-Z)) of Title 8 (Zoning) of the Dublin Municipal
Code are hereby amended to read as follows:
Inhabitable Space. Accessory structures, with the exception of Guesthouses and Accessory
Dwelling Units, shall not be constructed so as to provide year around inhabitable space.
Accessory Dwelling Unit (use type). The term Accessory Dwelling Unit shall mean a residential
unit that provides independent living facilities for one or more persons and includes separate
kitchen, sleeping, and bathroom facilities. An Accessory Dwelling Unit may be a part of, attached
to, or detached from, a single-family, two-family or multi-family residence and is subordinate to
the principal residence. An Accessory Dwelling Unit also includes an efficiency unit, as defined
in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined
in Section 18007 of the Health and Safety Code.
SECTION 4:
Section 8.08.020 (Definitions (A-Z)) of Title 8 (Zoning) of the Dublin Municipal Code is hereby
amended to add the following definition:
Junior Accessory Dwelling Unit (use type). The term Junior Accessory Dwelling Unit shall
mean a unit that is no more than 500 square feet in size that is contained entirely within the walls
of a single-family residence, including attached garages and has a separate entrance. At a
minimum, a Junior Accessory Dwelling Unit shall include an efficiency kitchen with a food
preparation counter, cooking facility with appliances and storage cabinets, and may include
separate sanitation facilities or may share sanitation facilities within the existing single-family
residence.
SECTION 5:
The following row in the table of Section 8.12.050 (Permitted and Conditionally Permitted Land
Uses) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows:
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RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Accessory Dwelling
Unit
P P P P - - P - - - -
SECTION 6:
The following row in the table of Section 8.12.050 (Permitted and Conditionally Permitted Land
Uses) of Title 8 (Zoning) of the Dublin Municipal Code is hereby added to read as follows:
RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Junior Accessory Dwelling
Unit
P P P P
SECTION 7:
Section 8.16.030 (Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to
add subsection N to read as follows:
N. Accessory Dwelling Unit Regulations. For accessory dwelling unit and junior accessory
dwelling unit regulations see Chapter 8.80.
SECTION 8:
Section 8.20.030.J (Second Units Regulations) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
J. Accessory Dwelling Unit Regulations. For accessory dwelling unit and junior accessory
dwelling unit regulations, please see Chapter 8.80.
SECTION 9:
Section 8.24.030.J (Second Units Regulations) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
J. Accessory Dwelling Unit Regulations. For accessory dwelling unit and junior accessory
dwelling unit regulations, please see Chapter 8.80.
SECTION 10:
The following row in the table of Section 8.36.020 (Agricultural and Residential Development
Regulations) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as
follows:
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STANDARD A R-1 R-2 R-M
RESIDENTIAL
USE (maximum
per lot)
1 du.
(4)
1 du.
(4)
2 dus.
(4)
1 du per full 750
sq. ft. (and
larger as
consistent with
General Plan)
(4)
(4) See Chapter 8.80 Accessory Dwelling Unit Regulations
SECTION 11:
Section 8.40.020.C.4. (Inhabitable space.) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
4. Inhabitable space. Accessory structures, with the exception of Guesthouses and Accessory
Dwelling Units shall not be constructed so as to provide year-round inhabitable space.
SECTION 12:
Section 8.40.020.D.3. (Second Units) of Title 8 (Zoning) of the Dublin Municipal Code is hereby
amended to read as follows:
3. Accessory Dwelling Units. Accessory dwelling units are subject to the provisions of
Chapter 8.80, Accessory Dwelling Unit Regulations.
SECTION 13:
Section 8.40.020.H.2. of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read
as follows:
2. Detached inhabitable accessory structure other than a Guesthouse or Accessory
Dwelling Unit.
SECTION 14:
Section 8.40.030.C.4. (Second Units) of Title 8 (Zoning) of the Dublin Municipal Code is hereby
amended to read as follows:
4. Accessory Dwelling Units. Accessory dwelling units and junior accessory dwelling units are
subject to the provisions of Chapter 8.80, Accessory Dwelling Unit Regulations.
SECTION 15:
Section 8.40.030.E.4.a.2. of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to
read as follows:
2. A guesthouse shall not be allowed on any lot containing an accessory dwelling unit
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established pursuant to Chapter 8.80, Accessory Dwelling Unit Regulations.
SECTION 16:
Section 8.65.040.J (Minimum Separation) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
J. Minimum Separation. Except as otherwise stated below, a minimum 300-foot radius
separation is required between all Cottage Food Operations. For single family detached dwellings,
accessory dwelling units and duplexes, the separation shall be measured from the property lines.
For townhomes, apartments and condominiums, where the units are dispersed among multiple
buildings, the separation shall be measured from the exterior walls of the building in which the
Cottage Food Operation is proposed to be located.
SECTION 17:
Section 8.76.070A.14.a.2. (Second unit parking) of Title 8 (Zoning) of the Dublin Municipal Code
is hereby amended to read as follows:
2. Accessory dwelling unit parking. Parking for an Accessory Dwelling Unit shall be provided
in accordance with this Chapter except as provided in Sections 8.80.030F and/or 8.80.040.F, as
applicable.
SECTION 18:
The following row “Second Unit” in the table of Section 8.76.080 B (Residential Use Types) of
Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Accessory Dwelling
Unit
See Section 8.80.030.F relating to Accessory Dwelling
Unit parking
SECTION 19:
The following row in the table of Section 8.76.080 B (Residential Use Types) of Title 8 (Zoning) of
the Dublin Municipal Code is hereby added to read as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Junior Accessory Dwelling
Unit
See Section 8.80.040F relating to Junior Accessory
Dwelling Unit parking
SECTION 20:
Chapter 8.80 (Second Units Regulations) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
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CHAPTER 8.80
ACCESSORY DWELLING UNIT REGULATIONS
8.80.010 Purpose.
The purpose of this section is to implement Government Code Sections 65852.2 and 65852.22
by allowing the creation of accessory dwelling units and junior accessory dwelling units through
ministerial review subject to meeting the requirements of this Chapter.
8.80.020 Permitting Procedures.
If there is an existing residence on a lot, an application for an accessory dwelling unit or junior
accessory dwelling unit shall be subject to ministerial building permit review and approval within
60 days of submission of a complete application. If an application for an accessory dwelling unit
or junior accessory dwelling unit is submitted with a permit application to create a new residence
on a lot, the application for the accessory dwelling unit may not be acted upon until the permit
application to create the new residence is approved.
8.80.030 Accessory Dwelling Units.
A building permit for an accessory dwelling unit will only be issued if it complies with the following
development standards and regulations:
A. Location Permitted. An accessory dwelling unit may be permitted on a lot with an existing or
proposed single-family use, or multi-family use in the A, R-1, R-2, R-M, and C-1 zoning districts
and in a Planned Development zoning district. Any PD development regulations that are more
restrictive than this Chapter shall be superseded by this Chapter.
B. Maximum Number of Units and Density.
1. For lots with a single-family residence, there shall be a maximum of one (1) accessory
dwelling unit. A detached accessory dwelling unit may be combined with a junior accessory
dwelling unit that is consistent with Section 8.80.040 below.
2. For lots with a multi-family residence, there shall be:
a. A maximum of two (2) detached accessory dwelling units; and
b. Within a multi-family structure, a minimum of one (1) accessory dwelling unit is
permitted. The maximum number of accessory dwelling units shall not exceed 25% of the
number of legally established dwelling units within the existing multi-family structure. The
accessory dwelling unit is limited to non-habitable portions of the existing multi-family
structure, including, but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, and garages.
3. Accessory dwelling units shall be exempted from the calculation of the maximum allowable
density for the lot on which it is located.
C. Unit Size. The total floor area of an attached or detached accessory dwelling unit shall not
exceed 1,200 square feet. However, in no case shall an attached accessory dwelling unit exceed
50% of the existing principal residence. An accessory dwelling unit shall be a minimum of 150
square feet or the size necessary to accommodate an efficiency unit as defined by Health and
Safety Code Sections 17958.1 and 18007, whichever is greater.
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D. Setbacks:
1. No setback shall be required for an existing structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an
accessory dwelling unit or to a portion of an accessory dwelling unit, plus up to one hundred
fifty (150) square feet of additional floor area if limited to accommodating ingress and egress
and if the setbacks for the additional floor area are sufficient for fire and safety.
2. For all other structures, a setback of no more than four feet from the side and rear lot lines
shall be required for an accessory dwelling unit. Accessory dwelling units are not permitted
within an established front yard setback.
3. If the accessory dwelling unit is detached from the principal residence on the site, the
distance between the structures shall be determined by DMC Chapter 7.34, Residential Code.
E. Height. A detached accessory dwelling unit shall not exceed 16 feet in height. The maximum
height for an attached accessory dwelling unit shall conform to the height requirements of the
zoning district where the lot is located.
F. Parking. An accessory dwelling unit shall be provided with one (1) off-street parking space
per unit or per bedroom, whichever is less (if the accessory dwelling unit is a studio, then no space
is required). If a space is required, it shall be provided in accordance with the requirements of
Chapter 8.76, Off-Street Parking and Loading Regulations, 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 accessory dwelling unit parking
shall be in addition to parking required for the principal residence except that replacement of the
off-street parking spaces for the dwelling unit is not required when the accessory dwelling unit is
created through the conversion of a garage, carport, or covered parking structure. The off-street
parking space is not required in any of the following instances:
1. The accessory dwelling unit is located within one-half mile walking distance of a public
transit stop.
2. The accessory dwelling unit is located within an architecturally and historically significant
historic district.
3. The accessory dwelling unit is within the proposed or existing principal residence or
accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
5. When there is a car share vehicle located within one block of the accessory dwelling unit.
G. Entrance. An accessory dwelling unit shall require a separate entrance from the main
entrance to the proposed or existing principal residence. An exterior stairway proposed to serve
an accessory dwelling unit on a second story or higher shall not be visible from the front public
right-of-way.
H. No Balconies/Decks. Accessory dwelling units shall not contain balconies, upper-story decks,
or rooftop terraces.
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I. Public Utilities and Services. Accessory dwelling units shall be served by public water and
sewer and shall have access to an improved public street.
J. Design Compatibility. The accessory dwelling unit shall incorporate the same or similar
design features, building materials, colors, and landscaping as the principal residence.
K. Lot Coverage. The principal residence and accessory dwelling unit combined shall not cover
more than 60% of the lot.
L. Exemptions. The subsection C unit size standard for an attached accessory dwelling unit,
and the subsection K maximum lot coverage standard, shall be waived in the amounts necessary
to accommodate an accessory dwelling unit with a gross floor area of up to 800 square feet.
M Occupancy. Owner-occupancy shall not be required.
N. Ownership. The accessory dwelling unit shall not be sold or conveyed separately from the
principal residence to a qualified buyer except if all of the provisions of Government Code
65852.26 are met.
O. No Short-Term Rental. Accessory dwelling units shall not be rented for terms of 30 days or
less.
8.80.040 Junior Accessory Dwelling Units.
A building permit for a junior accessory dwelling unit will only be issued if it complies with the
following development standards and regulations:
A. Location Permitted. A junior accessory dwelling unit may be permitted on a parcel with an
existing or proposed single-family use in the A, R-1, R-2, and R-M zoning districts and in a
Planned Development zoning district. Any PD development regulations that are more restrictive
than this Chapter shall be superseded by this Chapter and shall be subject to the requirements of
this Chapter.
B. Relationship to Principal Use. The junior accessory dwelling unit shall be located entirely
within the walls of a proposed or existing single-family residence, including an attached garage.
C. Maximum Number of Units and Density. There shall be a maximum of one junior accessory
dwelling unit per lot. A junior accessory dwelling unit may be combined with a detached accessory
dwelling unit that is consistent with Section 8.80.030(B)(1) above. A junior accessory dwelling unit
shall be exempted from the calculation of the maximum allowable density for the lot on which it is
located.
D. Unit Size. The total floor area of a junior accessory dwelling unit shall not be more than 500
square feet, excluding any shared sanitation facility within the principal single-family residence.
F. Parking. No off-street parking is required for junior accessory dwelling units. However, if
parking is provided, the parking space shall comply with the requirements of Chapter 8.76, Off-
Street Parking and Loading Regulations, except that the space may be compact, may be
uncovered, and may be in tandem with the required parking of the principal single-family
residence.
G. Entrance. A junior accessory dwelling unit shall require a separate entrance from the main
entrance of the proposed or existing single-family residence. An exterior stairway proposed to
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serve a junior accessory dwelling unit on a second story or higher shall not be visible from the
front public right-of-way.
H. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, which
shall include the following:
1. A cooking facility with appliances;
2. A food preparation counter; and
3. Storage cabinets of reasonable size in relation to the size of the junior accessory
dwelling unit.
I. Occupancy and Ownership.
1. Owner-occupancy in the residence is required. The owner of the lot may occupy either
the principal single-family residence or the junior accessory dwelling unit, unless the owner
is another governmental agency, land trust or housing organization.
2. A junior accessory dwelling unit shall not be sold or otherwise conveyed separately from
the principal single-family residence.
3. A deed restriction, which shall run with the land, shall be filed with the building permit
application and include the following:
a. Prohibition on the sale of the junior accessory dwelling unit separate from the sale of
the single-family residence, including a statement that the deed restriction may be
enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling unit that
confirms with Government Code 65862.22.
J. No Short-Term Rental. Junior accessory dwelling units shall not be rented for terms of 30
days or less.
8.80.050 Submittal Procedures.
A building permit application for an accessory dwelling unit and/or junior accessory dwelling unit
shall be submitted to the Community Development Department. In addition to the standard
submittal requirements for a building permit, the accessory dwelling unit or junior accessory
dwelling unit application package shall include the following:
A. Site Plan. A site plan drawn to scale, showing the dimensions of the perimeter of the parcel
on which the accessory dwelling unit or junior accessory dwelling unit will be located. Indicate the
location and dimensioned setbacks of all existing and proposed structures on the project site.
B. Lot Coverage. Calculations indicating the square footage of the structure and the lot,
including calculations on the plan for the percentage of lot area covered by the foundation of the
new and existing dwelling units.
C. Elevations. For accessory dwelling units and/or junior accessory dwelling units that include
modifications to the exterior of the principal residence or new construction, provide elevations
showing all openings, exterior finishes, original and finish grades, stepped footing outline, roof
pitch, materials and color board for the existing residence and the proposed accessory dwelling
unit.
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D. Utility and Service Information. Provide information on available utility easements, services
and connections.
SECTION 21:
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 22: 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 BY the City Council of the City of Dublin on this
day of , 2020, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk