HomeMy WebLinkAboutItem 6.1 - 3439 ADU Ordinance CC
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STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Accessory Dwelling Unit Ordinance Update (PLPA-2020-00035) and
Proposed Changes to the City's Impact Fee Schedule
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
The City Council will consider Staff-initiated amendments to the Zoning Ordinance to
comply with recent changes in State law addressing barriers to development of
accessory dwelling units (ADUs) and junior ADUs (JADUs) and to facilitate the
production of ADUs. Proposed amendments include changes to the development
standards for minimum unit size, setbacks, and parking for ADUs and the addition of
regulations for JADUs. In compliance with State law, the City Council will also consider
adoption of changes to the City of Dublin Impact Fees pertaining to ADUs 750 square
feet or larger.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate and take the following actions: a) Waive the
reading and INTRODUCE the Ordinance Approving Amendments to Dublin Zoning
Ordinance Chapters 8.08, 8.12, 8.16, 8.20, 8.24, 8.36, 8.40, 8.65, 8.76, and 8.80
Regarding the Creation of Accessory Dwelling Units and Junior Accessory Dwelling
Units Effective City-wide; and b) adopt the Resolution Revising the Impact Fees for
Accessory Dwelling Units within the City of Dublin.
FINANCIAL IMPACT:
State law has established impact fee exemptions and/or limitations based on the size of
an accessory dwelling unit (ADU). The financial impact of the proposed change to
impact fees for ADUs is unknown as it is based on their development, size, and the size
of the primary residence.
DESCRIPTION:
The State Legislature continues to find that California faces a se vere housing crisis and
has determined that accessory dwelling units (ADUs) and junior accessory dwelling
units (JADUs) are a valuable form of housing in California which provide housing for
family members, students, the elderly, in-home health care providers, the disabled, and
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others, at below market prices within existing neighborhoods. Additionally, the current
Strategic Plan adopted by the City Council includes initiatives to facilitate the production
of affordable housing, including ADUs.
An ADU is an independent living facility that is subordinate to the principal residence
with a separate kitchen, sleeping area, and bathroom facilities. A JADU is also
subordinate to the principal residence; however, it is a unit that is contained entirely
within the walls of a single-family residence and is no more than 500 square feet in size.
A JADU must at a minimum include an efficiency kitchen but may share bathroom
facilities with the existing single-family residence.
Effective January 1, 2020, State law was amended regarding the creation of ADUs and
JADUs including Senate Bill (SB) 13, Assembly Bill (AB) 68, AB 587, AB 670, AB 671,
and AB 881 to further address barriers to development of ADUs and JADUs.
Collectively, these laws require that local agencies continue to provide ministerial review
of ADUs and JADUs, and further limits the regulations that local agencies can impose
on such units.
Therefore, Staff is proposing amendments to the Zoning Ordinance and modifications to
the impact fee program in order to comply with State law and to ensure that the Zoning
Ordinance remains internally consistent, and to facilitate the production of ADUs.
ANALYSIS:
Zoning Ordinance Amendments
The Dublin Zoning Ordinance currently allows for the establishment of a secon d unit on
a lot with an existing, detached, single-family dwelling unit in the Single Family
Residential (R-1) zoning district and comparable Planned Development (PD) zoning
districts. Further, Dublin Municipal Code Chapter 8.80 (Second Unit Regulations) a llow
any application for a second unit that meets the development standards and regulations
to be approved ministerially without discretionary review or a public hearing as required
by State law.
With the passage of SB 13, AB 68, AB 587, AB 670, AB 671 an d AB 881, State law
requires the City to relax certain development standards for second units including
setbacks, parking standards, and unit size, and requires that JADUs be allowed by right
in single-family residential units. An overview of the proposed amendments is provided
below.
“Second Dwelling Units” to “ADUs”
The Dublin Zoning Ordinance currently refers to these units as “second dwelling units,”
which is technically correct but has become an outdated term in recent years. Staff is
proposing amendments to change the unit type from “second dwelling units” to “ADUs”
to reflect updated terminology. As such, amendments to update all references to
“second dwelling units” throughout the Zoning Ordinance are included.
Chapter 8.08 (Definitions)
Changes to State law further refine the definition of an ADU. The proposed
amendments update the definition for ADU (formerly second unit) and adds a definition
for JADU.
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Chapter 8.12 (Zoning Districts and Permitted Uses of Land)
Current regulations allow for the establishment of a second unit on a lot with an existing,
detached, single-family dwelling unit in the R-1 zoning district and in a comparable PD
zoning district subject to certain standards. Changes to State law expanded the
requirement to allow ADUs on any parcel that allows a residential use (i.e., single-
family, two-family and multi-family residential parcels). As such, the amendments add
ADU and JADU as a permitted use in all districts where residential is an allowed use:
Agriculture, Residential and Retail Commercial zoning districts.
Chapter 8.16 (Agricultural Zoning District)
Like amendments to Chapter 8.12 (Zoning Districts and Permitted Uses of Land) above,
the proposed amendments add reference to ADU regulations to reflect that these units
are allowed in the Agricultural zoning district.
Chapter 8.76 (Off-Street Parking and Loading Regulations)
The existing regulations require one additional off-street parking space for a second
unit. However, State law was changed to state that the maximum parking requirement
for an ADU is one off-street parking space per unit or per bedroom, whichever is less.
As a result, if the ADU is a studio, then no additional off-street parking space is
required.
In addition, the proposed amendments add JADUs to the parking table. State law does
not allow the City to require additional off-street parking for JADUs. However, if parking
is provided, the parking space must 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.
Chapter 8.80 (Second Units Regulations)
In order to effectively incorporate all the changes in State law, the propo sed
amendments replace Chapter 8.80 in its entirety and rename it ADU Regulations as
previously stated. The following is an overview of the more significant changes to
Chapter 8.80 that are not included in the preceding Chapters discussed above:
• New subsections for ADUs and JADUs to clearly separate their different
regulations.
• For lots with a single-family residence, both a detached ADU and a JADU may
be constructed.
• For lots with multi-family structures the following are allowed: 1) a minimum of
one ADU; 2) a maximum of two detached ADUs and; 3) for ADUs within the
structure a maximum of 25% of the number of regular dwelling units.
• Owner-occupancy is no longer required for ADUs but is required for JADUs.
The draft Ordinance is included as Attachment 1. For additional context, a redlined
version of the proposed changes is included as Attachment 2.
Impact Fee Amendments
State law (AB881, AB68 and SB 13) established impact fee exemptions and/or
limitations based on the size of an ADU. ADUs up to 750 square feet were already
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exempt from impact fees. The proposed change is related to impact fees for an ADU
750 square feet or larger and requires that impact fees charged be proportional to the
relationship of the ADU to the primary dwelling unit. The table below provides an
example of how the proportional fee would be calculated.
Size of Primary
Residence
Size of ADU Percentage of
Impact Fees
Charged
2,000 sf
1,200 sf 60%
1,000 sf 50%
750 sf 38%
As specified in State law, the changes to impact fees are effective January 1, 2020,
through January 1, 2025. The proposed impact fees would require both the standard fee
and the proportional fee to be calculated and that the lesser or the two be applied. The
Resolution approving the change to the impact fee sche dule with the proposed changes
shown in red are included as Attachments 3 and 4, respectively.
PLANNING COMMISSION REVIEW:
On October 13, 2020, the Planning Commission held a public hearing to consider the
proposed ADU Ordinance Update and unanimously adopted Resolution No. 20-14
recommending that the City Council adopt an Ordinance approving amendments to the
Dublin Zoning Ordinance regarding the creation of ADUs and JADUs effective city-wide.
Planning Commission Resolution No. 20-14 is included as Attachments 5.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING
ORDINANCE:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General
Plan, including the Housing Element, all applicable Specific Plans, and the Zoning
Ordinance in that the amendments are consistent with applicable land use designations
and general development policies. The amendments also include minor revisions for
internal consistency within the Zoning Ordinance. Furthermore, the proposed
amendments are required to comply with State law.
ENVIRONMENTAL REVIEW:
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.
Staff is recommending that the project be found 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.
STRATEGIC PLAN INITIATIVE:
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Strategic Plan Strategy #3: Create More Affordable Housing Opportunities.
Objective C: Facilitate the production of ADUs throughout the community.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and
posted at several locations throughout the City. The public notice was provided to all
persons who have expressed an interest in being notified of meetings. The Staff Report
for this public hearing was also made available on the City’s website.
ATTACHMENTS:
1. Ordinance Approving Amendments to the Dublin Zoning Ordinance Regarding the
Creation of Accessory Dwelling Units and Junior Accessory Dwelling Units Effective
Citywide
2. Redlined Version of Zoning Ordinance
3. Resolution Revising Impact Fees for Accessory Dwelling Units within the City of
Dublin
4. Exhibit A to the Resolution - Impact Fees Schedule
5. Planning Commission Resolution No. 20-14
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. 20-14
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 November 3, 2020, 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 proje ct.
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 sanit ation facilities within the existing single-family
residence.
SECTION 5:
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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:
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 regarding the allowable number of
ADUs.
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:
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2. A guesthouse shall not be allowed on any lot containing an accessory dwelling unit
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 w hich 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 8.80.040.F 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 rev iew 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 a ccessory 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 Developm ent 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. 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 conv ersion 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 in addition to 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.
10 of 10
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
CHAPTER 8.08
DEFINITIONS
Inhabitable Space. Accessory structures, with the exception of Guesthouses and
Accessory Dwelling Second Units, shall not be constructed so as to provide year around
inhabitable space.
Accessory Dwelling Second Unit (use type). The term Accessory Dwelling Second
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 an extension to, or detached from, a
detached 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.
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.
CHAPTER 8.12
ZONING DISTRICTS AND PERMITTED USES OF LAND
RESIDENTIAL USE TYPES
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
Second Unit
P P P P - - P - - - -
Junior Accessory Dwelling
Unit
P P P P
CHAPTER 8.16
AGRICULTURAL ZONING DISTRICT
8.16.030 Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards.
N. Accessory Dwelling Unit Regulations. For accessory dwelling unit and junior
accessory dwelling unit regulations, please see Chapter 8.80.
CHAPTER 8.20
RESIDENTIAL ZONING DISTRICTS
8.20.030 Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards.
J. Second Accessory Dwelling Unit Regulations. For second accessory dwelling
unit and junior accessory dwelling unit regulations, please see Chapter 8.80.
CHAPTER 8.24
COMMERCIAL ZONING DISTRICTS
8.24.030 Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards.
J. Second Accessory Dwelling Unit Regulations. For second accessory dwelling
unit regulations, please see Chapter 8.80.
CHAPTER 8.36
DEVELOPMENT REGULATIONS
8.36.020 Agricultural and Residential Development Regulations.
STANDARD A R-1 R-2 R-M
RESIDENTIAL
USE (maximum
per lot)
1 du. 1 Second
Unit
(4)
1 du. 1 Second
Unit
(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 for allowable number of
ADUs.
CHAPTER 8.40
ACCESSORY STRUCTURES AND USE REGULATIONS
8.40.020 Accessory Structures.
C. General Requirements.
4. Inhabitable space. Accessory structures, with the exception of Guesthouses and
Accessory Dwelling Second Units shall not be constructed so as to provide year-round
inhabitable space.
D. Requirements for Specific Accessory Structures that Apply City -wide.
3. Accessory Dwelling Second Units. Accessory dwelling Second units are
subject to the provisions of Chapter 8.80, Accessory Dwelling Second Unit Regulations.
H. Prohibited accessory structures within all Use Types.
2. Detached inhabitable accessory structure other than a Guesthouse or
Accessory Dwelling Second Unit.
8.040.030 Accessory Uses.
C. Requirements for Specific Accessory Uses that Apply City -wide. The
following accessory uses are as described below.
4. Accessory Dwelling Second Units. Accessory dwelling units and junior
accessory dwelling Second units are subject to the provisions of Chapter 8.80,
Accessory Dwelling Second Unit Regulations.
E. Permitted Residential Accessory Uses.
4. Guesthouses. A guesthouse may be established as an accessory use on the lot
of a single-family residence, as follows:
a. Limitation on use. A guesthouse shall comply with the following provisions:
2. A guesthouse shall not be allowed on any lot containing an accessory secondary
dwelling unit established pursuant to Chapter 8.80, Accessory Dwelling Second Unit
Regulations.
CHAPTER 8.65
COTTAGE FOOD OPERATIONS
8.65.040 Development Standards and Regulations.
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, second 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.
CHAPTER 8.76
OFF-STREET PARKING AND LOADING REGULATIONS
8.76.070 Development Standards.
A. Off-Street Parking Development Standards.
14. Location of Required Parking Spaces
a. Single family lot.
2. Accessory dwelling Second unit parking. Parking for an Accessory Dwelling
Second 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.
8.76.080 Parking Requirements by Use Type.
Residential Use Types. Residential Use Types shall provide off-street parking spaces
as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Accessory Dwelling
Second Unit
1 parking space, sSee Section 8.80.040030.F relating
to Accessory Dwelling Second Unit parking
Junior Accessory Dwelling
Unit
See Section 8.80.040F relating to Junior Accessory
Dwelling Unit parking
CHAPTER 8.80
ACCESSORY DWELLING SECOND 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 Section s 17958.1 and 18007,
whichever is greater.
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.
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 t he 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 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.
D. Utility and Service Information. Provide information on available utility
easements, services and connections.
Reso. No. XXX-20, Item X.X, Adopted 11/03/20 Page 1 of 1
RESOLUTION NO. xx - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REVISING THE IMPACT FEES FOR ACCESSORY DWELLING UNITS
WITHIN THE CITY OF DUBLIN
WHEREAS, the City Council of the City of Dublin adopted Impacts Fees for Fiscal Year
2020-21 with new rates effective July 1, 2020; and
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, effective January 1, 2020, through January 1, 2025, an ADU less than 750
square feet is not subject to impact fees. An ADU 750 square feet or l arger is subject to impact
fees that are proportional in relation to square footage of the primary dwelling unit ; and
WHEREAS, pursuant to California Environmental Quality Act (CEQA) and CEQA
Guidelines Section 15378 (b)(4), revising Impact Fees is not a project and, therefore, exempt from
the requirements of CEQA.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Dublin adopts the
revised Impact Fees attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that fees pertaining to ADUs identified in said Impact Fees
are effective January 1, 2020, through January 1, 2025.
PASSED, APPROVED, AND ADOPTED this 3rd day of November, 2020 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
CITY OF DUBLIN
IMPACT FEES
FY 2020-21
The following pages contain a summary of the adjustments for the fees for Fiscal Year 2020-21.
The new fee rates become effective July 1, 2020, with the exception of the Freeway Interchange
Fee which becomes effective September 1, 2020.
•Public Facilities Impact Fee
•Fire Impact Fee
•Eastern Dublin Traffic Impact Fee (EDTIF)
•Western Dublin Traffic Impact Fee (WDTIF)
•Dublin Crossing Transportation Fee
•Tri-Valley Transportation Development Fee (TVTD)
•Noise Mitigation Fee
•Freeway Interchange Fee
•Affordable Housing In-Lieu Fee
•Dublin Ranch West Side Storm Drain Benefit District
•Dublin Ranch East Side Storm Drain Benefit District
* Effective January 1, 2020, through January 1, 2025, an accessory dwelling unit (ADU) less
than 750 square feet is not subject to impact fees. An ADU 750 square feet or larger is
subject to impact fees that are proportional in relation to square footage of the primary
dwelling unit or based on the impact fee per ADU, whichever is less.
Page 2 of 6
PUBLIC FACILITY IMPACT FEES
RESIDENTIAL
Single Family
& Townhome
Other
Multi
Family
Senior
Housing ADU*
Aquatic Center $359 $219 $130 $219
Civic Center 1,592 972 578 972
Community Buildings 3,992 2,437 1,451 2,437
Community Nature Parks, Improvements 306 187 111 187
Community Parks, Improvements 4,833 2,949 1,757 2,949
Community Parks, Land 8,679 5,298 3,155 5,298
Libraries 287 176 104 176
Neighborhood Parks, Improvements 2,825 1,724 1,028 1,724
Neighborhood Parks, Land 3,909 2,386 1,421 2,386
TOTAL FEE $26,782 $16,348 $9,735 $16,348
NON-RESIDENTIAL Commercial Office Industrial
Senior Service
Facility
Aquatic Center $12 $16 $6 $5
Civic Center 372 500 186 151
Community Buildings 150 202 76 62
Comm. Nature Parks, Improve. 52 72 26 21
Community Parks, Improve. 840 1,128 418 342
Community Parks, Land 1,511 2,030 752 617
Libraries 55 75 28 23
TOTAL FEE (Per 1,000 sq.ft.) $2,992 $4,023 $1,492 $1,221
FIRE IMPACT FEE
RESIDENTIAL
Single-Family
& Townhome
Other Multi
Family
Senior
Housing ADU*
Per Unit $339 $207 $123 $207
NON-RESIDENTIAL Commercial Office Industrial
Senior
Service
Facility
Land-Use Type (Per 1,000 sq.ft.) $80 $107 $39 $32
Page 3 of 6
EASTERN DUBLIN TRAFFIC IMPACT FEE
RESIDENTIAL
OUTSIDE TRANSIT CENTER
Low
(6.0 Units per
acre or less)
Medium
(6.1-14
units/acre)
Med/High
(14.1-25
units/acre)
High
(25.1+
units/acre) ADU*
EDTIF Cat. 1 $9,063 $9,063 $6,347 $5,439 $5,439
EDTIF Cat. 2 $2,332 $2,332 $1,634 $1,399 $1,399
EDTIF Cat. 2 (BART Garage) 790 790 553 474 474
EDTIF Cat. 2 $3,122 $3,122 $2,187 $1,873 $1,873
TOTAL FEE $12,185 $12,185 $8,534 $7,312 $7,312
RESIDENTIAL
INSIDE TRANSIT CENTER
Low
(6.0 Units per
acre or less)
Medium
(6.1-14
units/acre)
Med/High
(14.1-25
units/acre)
High
(25.1+
units/acre) ADU*
EDTIF Cat. 1 $9,063 $9,063 $6,347 $4,138 $4,138
EDTIF Cat. 2 2,332 2,332 1,634 1,050 1,050
TOTAL FEE $11,395 $11,395 $7,981 $5,188 $5,188
NON-RESIDENTIAL Commercial Office Industrial
EDTIF Cat. 1 $866 $866 $866
EDTIF Cat. 2 235 235 235
TOTAL FEE (Per 1,000 sq.ft.) (1) $1,101 $1,101 $1,101
(1)Fee is calculated based on Fee Rate x Land Use Measurement Unit x Trip Rate Multiplier.
WESTERN DUBLIN TRAFFIC IMPACT FEE
RESIDENTIAL
Low
(6.0 Units per
acre or less)
Medium
(6.1-14
units/acre)
Medium High
(14.1-25
units/acre)
High
(25.1+
units/acre) ADU*
Per Unit (1) $6,210 $6,210 $3,849 $3,229 $3,229
NON-RESIDENTIAL Commercial Office Industrial
Land-Use Type (Per 1,000 sq. ft.)(1) (2) (3) $6,210 $6,210 $6,210
(1)Project locates within the boundaries of the Downtown Dublin Specific Plan area is
eligible for a trip reduction factor of 23% if the project meets certain design criteria.
(2)Fee is calculated based on Fee Rate x Land Use Measurement Unit x Trip Rate
Multiplier.
(3)Project includes a retail use is eligible for a 35% trip reduction factor to the trips
associated with the retail use.
Page 4 of 6
DUBLIN CROSSING TRANSPORTATION FEE
RESIDENTIAL
Low
(6.0 Units per
acre or less)
Medium
(6.1-14
units/acre)
Medium
High
(14.1-25
units/acre)
High
(25.1+
units/acre) ADU*
Per Unit $9,476 $9,476 $6,633 $5,685 $5,685
NON-RESIDENTIAL Commercial Office Industrial
TOTAL FEE (Per 1,000 sq.ft.) (1) $838 $838 $838
(1)Fee is calculated based on Fee Rate x Land Use Measurement Unit x Trip Rate Multiplier.
EASTERN DUBLIN FREEWAY INTERCHANGE FEE (City of Pleasanton)
RESIDENTIAL
Effective Sept. 1, 2019 -
Aug. 31, 2020
Low
Density
(6.0 Units per
acre or less)
Medium
Density
(6.1-14
units/acre)
Med/ High
Density
(14.1-25
units/acre)
High
Density
(25.1+
units/acre) ADU*
Base Fee $214.60 $214.60 $150.22 $128.76 $128.76
Escalator 135.85 135.85 95.10 81.50 81.50
TOTAL FEE $350.45 $350.45 $245.32 $210.26 $210.26
Effective Sept. 1, 2020 -
Aug. 31, 2021
Low
Density
(6.0 Units per
acre or less)
Medium
Density
(6.1-14
units/acre)
Med/High
Density
(14.1-25
units/acre)
High
Density
(25.1 +
units/acre) ADU*
Base Fee $214.60 $214.60 $150.22 $128.76 $128.76
Escalator 144.03 144.03 100.82 86.41 86.41
TOTAL FEE $358.63 $358.63 $251.04 $215.17 $215.17
NON-RESIDENTIAL
Effective Sept. 1, 2019 -
Aug. 31, 2020 Commercial Office Industrial
Base Fee $21.46 $21.46 $21.46
Escalator 13.57 13.57 13.57
TOTAL FEE (Per 1,000 sq. ft) (1) $35.03 $35.03 $35.03
Effective Sept. 1, 2020 -
Aug. 31, 2021 Commercial Office Industrial
Base Fee $21.46 $21.46 $21.46
Escalator 14.39 14.39 14.39
TOTAL FEE (Per 1,000 sq. ft) (1) $35.85 $35.85 $35.85
(1)Total fee calculation is based on EDTIF trip rate of Land-Use Type.
Page 5 of 6
TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE
RESIDENTIAL Single Family Multi Family ADU
Per Unit $4,901.69 $3,376.47 $0
NON-RESIDENTIAL Commercial Office Industrial
Other
(Average AM/PM
peak hour trip)
Land-Use Type (Per sq.ft.) $3.63 $8.33 $4.85 $5,446.41
EASTERN DUBLIN NOISE MITIGATION FEE
RESIDENTIAL
Low
(6.0 Units
per acre or
less)
Medium
(6.1-14
units/acre)
Med/High
(14.1-25
units/acre)
High
(25.1+
units/acre) ADU*
Per Unit $4.74 $4.74 $3.32 $2.85 $2.85
NON-RESIDENTIAL Commercial Office Industrial
Land-Use Type (Per 1,000 sq.ft.) $23.71 $7.11 $2.37
AFFORDABLE HOUSING IN LIEU FEE
RESIDENTIAL (Per Unit) $206,386
NON-RESIDENTIAL Industrial Office
Research
& Devel. Retail
Services
& Accom.
Land-Use Type (Per sq.ft.) $0.57 $1.47 $0.96 $1.19 $0.50
STORM DRAIN BENEFIT ASSESSMENT DISTRICTS
1.DUBLIN RANCH WEST SIDE STORM DRAIN BENEFIT ASSESSMENT DISTRICT
Parcel Owner / Reference
Balance
(07/01/2020)
Parcel #2 Dublin Land Co. $153,093.15
Parcel #3 Dublin Land Co. $197,944.26
Parcel #4 Dublin Land Co. $97,757.24
Page 6 of 6
2. DUBLIN RANCH EAST SIDE STORM DRAIN BENEFIT ASSESSMENT DISTRICT
Note – Some Properties made payment which reduced the balance owed.
Parcel
Original Assessment Report
Owner / Reference
Balance
(07/01/2020)
Parcel #3 Chen $649,359.39
Parcel #4 EBJ Partners $7,586.34
Parcel #5 Anderson $2,758.70
Parcel #7 Croak $568,683.70
Parcel #8 Anderson $273,414.47
Parcel #9 Righetti $327,361.71
Parcel #10 Branaugh $262,379.78
Parcel #11 Monte Vista $64,139.00
RESOLUTION NO. 20-14
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF 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; Cl"
WHEREAS, 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; and
WHEREAS, pursuant to CEQA, Staff is recommending that the Planning Commission
recommend that the City Council find this 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; 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 October 13, 2020; 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.
vote:
PASSED, APPROVED AND ADOPTED this 13t" day of October 2020 by the following
AYES: BENSON, THALBLUM, KOTHARI, WRIGHT, GRIER
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director