HomeMy WebLinkAboutItem 6.1 ZoningOrdAmnd PA03-020 CITY CLERK
File # 450-20 O
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July '1, 2003
SUBJECT: Public Hearing: PA 03-020 City of Dublin, Zoning Ordinance
Amendment - Amendment to Chapter 8.12, Zoning Districts and Permitted
Use Of Land; Chapter 8.64, Home Occupations Regulations; Chapter 8.76,
Off-Street Parking And Loading Regulations; and, Chapter 8.80, Second
Unit Regulations of the Municipal Code (Zoning Ordinance)
Prepared by danet Harbin, Senior Planner ~
ATTACHMENTS: 1. Ordinance amending the Dublin Municipal Code (Zoning
Ordinance)
2. Planning Commission Staff Report and minutes of June 10, 2003
3. Planning Commission Resolution 03-30 recommending City
Council approval of an amendment to Chapter 8.12, Zoning Districts
and Permitted Uses of Land; Chapter 8.64, Home Occupations
Regulations; Chapter 8.76, Off-Street Parking and Loading
Regulations; and, Chapter 8.80, Second Unit Regulations of the
Dublin Zoning Ordinance
4. Chapter 8.80, Second Unit Regulations of the Dublin Zoning
Ordinance (current Ordinance text)
5. Chapter 8.64, Home Occupation Regulations of the Dublin Zoning
Ordinance (current Ordinance text)
RECOMMENDATION: 1. Open Public Hearing and receive Staff presentation.
2. Question Staff
. 3. Take testimony from the Public.
(~) 4. Close Public Hearing and deliberate.
5. Waive the reading, and introduce the Ordinance (Attachment 1) to
amend the Dublin Municipal Code (Zoning Ordinance).
PROJECT DESCRIPTION:
The proposed ordinance amendment includes revisions to the regulations for second dwelling units based
on recent changes in the State law and home occupation regulations. On April 22, 2002, Assembly Bill
(AB) 1866 (Wright) was adopted by the State legislature amending Government Code Section 65852.2
requiring that cities establish a review and approval process for second units providing for a ministerial
review and approval process, and prohibiting discretionary review through a Conditional Use Permit. In
adopting AB 1866, the State Legislature amended Government Code Section 65852.2 with the intent of
COPIES TO: In House Distribution
Project Manager
ITEM NO. __~
g:pa03020/PGSR
promoting the approval of second units as a valuable housing tool using established development
standards similar to the ministerial review for a building permit. The amendment is effective on July 1,
2003 and eliminates the discretionary review or hearing process for approval of a second unit.
The State Legislature believed the Conditional Use permit process utilized by most municipalities in
approving the development of second units in residential zoning districts was "excessive" and
"burdensome," and unreasonably restrictive to homeowners. The legislation does allow a City to establish
a procedure and specific criteria in its zoning ordinance for evaluating second units relative to parking,
height, setbacks and other matters, but prohibits the local jurisdiction from requiring discretionary or more
subjective review of second units. The State Legislature has been concerned that municipalities have been
utilizing the discretionary review process to restrict property owners from developing second units. If a
City does not have a ministerial review process for second units established, the State law will establish
the review process and standards which must be followed.
On September 2, 1997, the City Council adopted a comprehensive revision of the Dublin Zoning
Ordinance. Implementation of the Zoning Ordinance over the past years has revealed some areas where
the Ordinance requires clarification, improvement, and further revision to conform to changes in related
municipal codes, technology changes and State law. Staff is also recommending an amendment to various
other chapters of the Zoning Ordinance (see attached Ordinance, Attachment 1) to modify the ordinance in
relation to home occupations and for internal consistency.
SECOND UNIT ZONING ORDINANCE AMENDMENTS:
The Zoning Ordinance presently allows the construction of Second Units only with a Conditional Use
Permit approved by the Zoning Administrator (see Attachment 4, current ordinance regulations for Second
Units). A Second Unit is defined in the Zoning Ordinance of the Municipal Code as a residential unit
with separate kitchen, sleeping, and bathroom facilities, which is part of, an extension to, or detached
from, a detached single-family residence, and is subordinate to the principal residence.
Pursuant to the recent changes in State law, the Land Use Matrix in Chapter 8.12, Zoning Districts and
Permitted Use Of Land, Section 8.12.050, Permitted and Conditionally Permitted Land Uses, has been
revised to designate a Second Unit as a permitted use in the Single Family Residential Zoning District.
The process of reviewing sand approving Second Units would no longer require a discretionary permit, but
would be subject to issuance of a building permit if it meets the established standards of Chapter 8.80,
Second Unit Regulations of the Zoning Ordinance, as discussed below.
Proposed Second Unit Regulation Modifications:
To implement the new State law regarding second units, the City of Dublin is required to revise the
Zoning Ordinance to ensure compliance with newly enacted regulations. Section 8.80.030, Regulations of
the Zoning Ordinance related to second units is required to be modified. This section's title is proposed to
be revised to 'Section 8.80.040, Development Standards and Regulations,' and would allow a second unit
to be permitted within the R-1 Residential District and Planned Development Districts (if not prohibited
by the PD regulations) with issuance of a building permit if it complies with certain recommended
development standards (which are discussed in more detail below). It also eliminates the requirement of
obtaining a Conditional Use Permit approval from the Zoning Administrator, and revises the numbering
of the section.
In addition to the revised section mentioned above, Staff is recommending adding Section 8.80.050,
Permitting Procedures, to the Zoning Ordinance. This would be a new section added to Chapter 8.80,
Second Unit Regulations, of the Zoning Ordinance to establish the application procedure for a request for a
building permit for second units. This Section includes the standard application submittal requirements,
which must be met when submitting for a building permit for a second unit to determine if a building permit
can be issued. In addition to the standard submittal requirements for a building permit, Staff is
recommending that additional criteria be added in order to determine consistency with the City's General
Plan and any applicable Specific Plan. This criteria is similar to the information currently required by the
Second Unit regulations, however the criteria has been modified in order to be consistent with the new
State law, as follows:
1. Site Plan: The plan is to be drawn to scale, showing the dimensions of the perimeter of
the parcel on which the second unit will be located. The location and dimensioned
setbacks of all existing and proposed structures on the project site are to be indicated on the
plan.
2. Lot Coverage: Calculations indicating the square footage of the structure and the lot are
to be included on the plan, and also calculations for the percentage of lot area covered by
the foundation of the new and existing structures on the lot. The maximum lot coverage
for all structures on the lot would remain 60%.
3. Elevations: North, south, east and west 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 second unit are to be submitted to ensure that the
unit will be compatible with the existing dwelling unit on the lot.
4. Utility and Service Information: Information on available utility easements, services and
connections, and roadway access to the site is to be included in the submittal to ensure the
second unit will be served by utilities and infrastructure.
5. Color Photographs: Provide color photographs of the site. The photos shall be taken
from each of the property lines of the project site to show the site. Label each photograph
and reference to a separate site plan indicating the location and direction of the photograph.
6. Deed Restriction: Provide the completed deed restriction as required, signed and ready
for recordation. The deed restriction is to stipulate that the second unit will not be sold
separately; is restricted to a maximum size based on lot coverage; is allowed as long as the
owner of record occupies either the primary residence or the second unit on the property;
and, the restrictions are binding on all successors in ownership of the property.
Second Unit Parking:
The revision to this section would modify the reference to the subsection for Second Unit parking to be
consistent with the previous revisions. The ordinance currently allows the required parking space for the
second unit to be located in the Side Yard Setback if specifically permitted by a Conditional Use Permit (see
Attachment 4). This requirement is no longer valid based on the amendment to the State law, as a
Conditional Use Permit cannot be required for any aspect relative to the second unit. Because of that, Staff
believes that some flexibility in the type of parking space is appropriate. With respect to yard setbacks and
location of parking, the location of the parking for the second unit would follow the same standards as those
established for the principal residence.
Additionally, the Off-Street and Loading Regulations for Second Units on single family lots is proposed
for modification to reference Section 8.80.040.F, which requires one additional off-street parking space to
be provided for the dwelling unit. The second unit parking space would be in addition to the parking spaces
required for the principal residence. The modification in the language of this subsection will also provide
some flexibility in the type of parking space to be provided by allowing it to be compact, uncovered, or in
tandem with the required parking for the principal dwelling unit.
Another change in this subsection of the ordinance relates to the requirement of an Encroachment Permit for
a curb cut to access the parking for the second unit. Presently, the ordinance states an Encroachment Permit
granted by the Director of Public Works must be obtained for the curb cut; however, if a new driveway is
needed for any dwelling unit, an Encroachment Permit is usually required at the time of building permit
issum~ce. However, this is not addressed by the zoning ordinance but rather by the Article IV, Sidewalk,
Driveways, Curbs of Title 7 (Public Works), Section 7.04.390, of the Dublin Municipal Code. Staff has
modified the language in the zoning ordinance to delete the xvording addressing Encroachment Permits for
curb cuts for second units for consistency with the other sections of the zoning ordinance. A curb cut, if
needed for access to the parking for the second unit, would still be required to meet City standards and obtain
any necessary permits from the Building and Safety Division and the Public Works Department.
Based on the proposed revisions, if all the above requirements are met and the proposed second unit
conforms to the specific standards contained in Section 8.80.040, Development Standards and
Regulations, the Community Development Department must then issue a building permit for the second
dwelling unit.
HOME OCCUPATIONS ZONING ORDINANCE AMENDMENT:
The amendment to the Zoning Ordinance in Attachment 1 also addresses a modification in Chapter 8.64,
Home Occupation Regulations. The City has received letters and comments from residents who would
like to have more than two home occupation permits to conduct businesses out of their homes. The
Zoning Ordinance regulations related to home occupations currently restricts the number of home
occupations for one residence to no more than two per residence (see Attachment 5, current ordinance
regulations for home occupations). Staff proposes that this restriction be deleted from the regulations, as
there is no evidence that having more than two home occupations in one residence is detrimental to the
neighborhood or community. This would allow an unlimited number of home occupation permits per
residence.
Based on Staff research, it appears that the number of home occupations per residence may have been
restricted for practical reasons, as each business could potentially use a portion of the square footage of
the residence. However, with the advent of internet based businesses, a resident could work out of their
home and presumably conduct several businesses at one time within a minimal amount of floor area or
space. Because of this, Staff suggests deleting this section of the Home Occupation Regulations to
remove the restriction.
ENVIRONMENTAL REVIEW:
On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive
Revision to the Zoning Ordinance, including Chapter 8.12, Zoning Districts and Permitted Use Of Land;
Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking And Loading
Regulations; and, Chapter 8.80, Second Unit Regulations, is exempt from the California Environmental
Quality Act (CEQA). Various changes to the Municipal Code listed above would also not create
environmental impacts. These changes are also exempt from CEQA 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 (b)(3)). Additionally, the proposed amendment relating to second units
are further exempt under CEQA Guidelines Section 15282(i) as second units on developed lots would
have no possibility of having an adverse effect on the environment, and the amendment is consistent with
the General Plan and all applicable Specific Plans.
PLANNING COMMISSION ACTION:
On June 10, 2003, the Planning Commission adopted a Resolution (No. 03-30, Attachment 3)
recommending that the City Council adopt the ordinance to amend the Dublin Municipal Code as
proposed in Attachment 1. The Planning Commission agenda report is contained in Attachment 2 and the
Planning Commission Resolution is attached as Attachment 3.
CONCLUSION:
The Zoning Ordinance (Chapter 8.120), requires that all zoning ordinance amendments (such as the
proposed amendment to the Zoning Districts and Permitted Uses of Land, Home Occupations, Off-Street
Parking Regulations, and Second Unit Regulations chapters) be heard by the Planning Commission and
following a public hearing, the Planning Commission must make a written recommendation to the City
Council whether to approve, approve with modifications or disapprove the amendment. The Planning
Commission has recommended the Ordinance to the City Council for approval.
RECOMMENDATION:
Staff recommends that the City Council, open the public hearing and receive Staff presentation, question
Staff, take testimony from the public, close the public hearing and deliberate, waive the reading, and
introduce the Ordinance (Attachment 1) to amend the Dublin Municipal Code (Zoning Ordinance).
ORDINANCE NO. -03
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND;
CHAPTER 8.64, HOME OCCUPATIONS; CHAPTER 8.76, OFF-STREET PARKING AND
LOADING REGULATIONS AND, CHAPTER 8.80, SECOND UNIT REGULATIONS, OF THE
MUNICIPAL CODE (ZONING ORDINANCE), PA 03-020
WHEREAS, the City of Dublin has determined that the 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; Off-Street Parking And Loading Regulations (Chapter 8.76); and, Second Unit
Regulations (Chapter 8.80) of the Dublin Municipal Code, must be revised to more effectively regulate
development within the City; and
WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the
Comprehensive Revision to the Zoning Ordinance, including Chapter 8.12, Zoning Districts and
Permitted Use Of Land; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking
And Loading Regulations and, Chapter 8.80, Second Unit Regulations, is exempt from the California
Environmental Quality Act (CEQA). Various changes to the Municipal Code listed above would also not
create environmental impacts. These changes are also exempt from CEQA 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(b)(3)); and
WHEREAS, this ordinance is intended to comply with the requirements of Government Code
section 65852.2 pursuant to AB 1866 regarding regulation of second units. The ordinance regulates
second unit parking, height, setbacks and other matters in accordance with the statute; and,
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on June 10, 2003, and did adopt Resolution 03-XX recommending that the City Council approve
amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on July 1, 2003; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Ordinance Amendment; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the Ordinance Amendment is consistent with the Dublin General Plan; 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 City Council of the City of Dublin does ordain as follows:
Section 1.
Section 8.12.050, Permitted and Conditionally Permitted Land Uses, of the Dublin Municipal Code is
amended to read as follows:
ATTACHMENT 1
RESIDENTIAL USE TYPES
Residential Use Type A R-1 R-2 R-3 R-4 C-O C-N C-1 C-2 M-P M-1 M-2
Second Unit - C-4~A ....
P
Section 2.
Section 8.64.030, Limitations on Use, of the Dublin Municipal Code is amended to read as follows:
· ~ .................................. ~ ....... per
ML. Nuisances. No Home Occupation shall create or cause traffic, noise, dust, light, vibration, odor,
gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or
nuisances beyond those normal for a residential area or which may be perceptible at or beyond the
lot line as determined by the Director of Community Development.
NM. Outdoor Storage/Display: There shall be no outdoor storage or display of merchandise,
equipment, appliances, tools, materials, or supplies associated with a Home Occupation.
ON. Parking. No vehicle used for a Home Occupation shall occupy a required parking space of a
residence. No Home Occupation shall occupy a required parking space of a residence. One off-
street parking space (other than in the driveway) shall be provided for a vehicle used for the Home
Occupation.
PO. Rented Property. If the Home Occupation is to be conducted on rental property, the property
owner's written authorization for the proposed use shall be obtained and submitted to the City
prior to the application for a Business License or Zoning Clearance.
QP. Repair or Dismantling of Vehicles Within a Garage. Any vehicle being repaired or dismantled
within a residential garage shall be owned by an occupant of the residence and shall be carried oUt
in full compliance with all applicable laws and regulations.
RO. Signs. There shall be no advertising sign, window display, or other identification of the Home
Occupation on the premises other than a house number and nameplate as permitted by Section
8.84.140.D House Numbers and Name Plates.
SR. Storage. The storage of equipment, materials, wastes, and other items needed for, or produced by,
the construction, landscaping, or service trades is prohibited.
:IRS. Students. No more than two students may be given instruction in music, academics, dance,
swimming, or other subjects as determined by the Community Development Director in a
residence at one time. No students may be given instruction between the hours of 9:00 p.m. and
8:00 a.m.
1ST. Vehicular Trips/Delivery Trips. No Home Occupation shall generate more than five additional
2,
pedestrian or vehicular trips in excess of that customarily associated with the zoning district in
which it is located, or more than two delivery trips per day. No deliveries shall be made between
the hours of 9:00 p.m. and 8:00 a.m.
Section 3.
Section 8.76.070.A.14, Location of Required Parking Spaces, of the Dublin Municipal Code is
amended to read as follows:
a. Single family lot.
2. Second Unit parking. Parking for a Second Unit shall be provided in accordance with
this Chapter except as provided in Section 8.80.040.F. may r,~,~ ~,~,,,.~,.,.~'~+~ .-~ +~.~.~ ~,~,.,~
Section 4.
Section 8.76.080, Parking Requirements by Use Type, is amended to read as follows:
B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Second Unit 1 parking space, see Section 8.80.040.t=tF_ relating to
Second Units parking
Section 5.
Section 8.80.010, Purpose, of the Dublin Municipal Code is amended to read as follows:
The purpose of this section is to establish regulations for approving second units designed to meet the
special needs of individuals and families, particularly the elderly, disabled, and those of low and very-
low income; and which meet the requirements of the Housing Element-and are compatible with existing
dwellings.
Section 6.
Section 8.80.020, Intent, of the Dublin Municipal Code is amended to read as follows:
The intent of this section is to ensure that Conditional Use Permits ap?roving second units meet all of the
following fie,4ilags objectives. That the second unit:
A. Allows for more efficient use of the City's existing housing stock and underdeveloped
residential properties.
B. Does not negatively impact the family character of the neighborhood.
C. Does not negatively impact traffic in the neighborhood.
3
D. Has sufficient roadway access and utility service.
E. Provides sufficient access and mobility for the handicapped or disabled.
F. Complies with all standards of Chapter 8.80, Second Units.
G. Meets the c,~;~
........ e,o of standards established by Chapter 8.10980, r-~,~;+;~,_~ Use D~,~,~, ~,,a
such conditions Second Units, and complies with State Law as may be appropriate to further
the purposes of this Title.
Section 7.
Section 8.80.030, Permitting Procedures, is added to the Dublin Municipal Code to read as follows:
Any application for a second unit that meets the Development Standards and Regulations contained in
this Chapter, shall be approved ministerially without discretionary review or a public hearing.
Section 8.
Section 8.80.030, Regulations, of the Dublin Municipal Code is amended to read as follows:
Section 8.80.040, Development standards and Regulations. ,.T. ,-, ...... o-~-~-,-,~ "":*~-, o---~*'~ *'~,,~ ..... v,~-.~,~d~+*~
unless A building permit for a second unit will only be issued if it complies with the following
development standards:
A. Permitted in the R-1 district on!y and certain Planned Development districts. A second unit
may only be permitted in the R- 1 zoning district and in a Planned Development zoning district (if
not specifically prohibited by the PD regulations) which is subiect to underlying R-1 standards.
GB. Existing detached single-family dwelling unit. The lot on which a second unit is located
shall contain a~ legal existing, detached, single-family dwelling unit.
g_CC. Maximum of one second unit per lot. There shall be .no more th~n a maximum of one
second unit a!!owe~ per lot.
t~D_.. Unit size. The total floor area of a second unit shall be not less than 275 square feet, nor
more than 1,000 square feet. Further, in no case shall a second unit exceed 35% of the total
floor area of the existing single-family residence.
GE. R-1 development standards. The second unit shall conform to the development standards
of the R-1 zoning district including, but not limited to, setbacks and height, but excluding
density standards.
t=IF. Parking. The second unit shall be provided with one additional off-street parking space:
4
the requirements of Chapter 8.76, Off-Street Parking and Loading, except that the space may
be compact, may be uncovered, and may be in tandem with the required parking of the
principal dwelling unit_., ~ ~-~ ~8,4 ;.. **.8 ~;~8 v~ cs~v ;r .... ;c.~,
o~.ou requ:re +r.~+ a. A curb cut shall be provided to City Standards "--'~ th.,+
r~=~:, r. .... +~,4 r,~, ,h8 r~:~=o+,.~ ~rv,,rd:,. nz,.~vo The second unit parking shall be in
parki qui ipal ~8o;,4 .....,.o. ....~ .... ~+h +h
addition to ng re red for the princ ..................... w; ............-, ........ :ts of
.... ~ ......., ................ ~ and Loadin welling unit.
tG. Public utilities and services. Second units shall be served by public water and sewer and
shall have access to an improved street.
tH. Design Compatibili .ty The second unit shall *'~ ~8o;~.~8~; ..... ~ ~ way +~+
of the comSined second unit and incorporate the same or similar design features, building
materials, colors, and landscaping as the existing residence is *~*
........ o give the appearance of
a single-family residence.
~_. Entrance visibility. The entrance of a second unit shall not be visible from the streef.
~_J. Coverage. The principal residence and second unit combined shall not cover more than 60%
of the lot.
t=_K_K. Occupancy.
1. Applications shall be limited to owner- occupants -:.'ho have resided in the ~fincipal
2. No more than one dwelling unit on the parcel shall be rented or leased.
3. The owner of the lot may occupy either the principal residence or the second unit.
4. Either of the units may remain vacant.
5. The second unit shall not be sold separately.
$6. A deed restriction shall be recorded setting forth the occupancy requirements.
67. No subdivision shall be allowed unless the division meets the applicable requirements of
Title 8 and Title 9 of the Municipal Code.
MO. Building setbacks. If the second unit is detached from the principal residence on the site, i~
o~iT ~.oo,sA o ~;.; ..... c a n c8~, c~^~ +,.~ ~;.~;~ ,,~;+ the distance between the
structures shall be as determined by the Uniform Building Code. but no more than 100 feet
from the principal residence on the site.
Section 9.
Section 8.80.050, Permittin~ Procedures~ is added to the Dublin Municipal Code to read as follows:
5
A. Submittal: The application for a second unit shall be submitted to the Community
Development Department with submittal of an application for a building permit. In addition
to the standard submittal requirements for a building permit, the second dwelling unit
application package shall include the following:
1. Site Plan: The plan shall be drawn to scale, showing the dimensions of the perimeter of
the parcel on which the second unit will be located. Indicate the location and dimensioned
setbacks of all existing and proposed structures on the project site
2. Lot Coverage: Calculations indicating the square footage of the structure and the lot, and
include calculations on the plan for the percentage of lot area covered by the foundation of
the new and existing dwelling units.
3. Elevations: North, south, east and west elevation which show all openings, exterior
finishes, original and finish grades, stepped footing outline, roof pitch, materials and color
board for the existing residence and the proposed second unit.
4. Utili ,ty and Service Information: Provide information on available utility easements,
services and connections. Include information on roadway access to the site.
5. Color Photographs: Provide color photographs of the site. The photos shall be taken
from each of the property lines of the project site to show the site. Label each photograph
and reference to a separate site plan indicating the location and direction of the photograph.
6. Deed Restriction: Provide the completed deed restriction as required, signed and ready
for recordation.
B__ Building Permit Issuance: The Community Development Department shall issue a
building permit for the second unit if all submittal requirements are met, and if it conforms
to the specific standards contained in Section 8.80.040, Development Standards and
Regulations.
g:LPA#L2003\03 -020\ORD-strikeout-underline.6-02
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: June 10, 2003
SUBJECT: PA 03-020 City of Dublin, Zoning Ordinance Amendment - Amendment
to Chapter 8.12, Zoning Districts and Permitted Use Of Land; Chapter 8.64,
Home Occupations Regulations; Chapter 8.76, Off-Street Parking And
Loading Regulations; and, Chapter 8.80, Second Unit Regulations of the
Municipal Code (Zoning Ordinance)
Prepared by Janet Harbin, Senior Planner
ATTACHMENTS: 1. Resolution recommending the City Council adopt the ordinance
amending the Dublin Municipal Code (Zoning Ordinance).
2. Ordinance amending the Dublin Municipal Code
RECOMMENDATION: 1. Open Public Hearing and receive Staff preSentation.
2. Take testimony from the Applicant and the Public.
3. Question Staff, Applicant and the Public.
4. Close Public Hearing and deliberate.
5. Adopt resolution (Attachment 1) recommending the City Council
adopt the Ordinance (Attachment 2) to amend the Dublin Municipal
Code.
PROJECT DESCRIPTION:
On September 2, 1997, the City Council adopted a comprehensive revision of the Dublin Zoning
Ordinance. Implementation of the Zoning Ordinance over the past years has revealed some areas where
the Ordinance requires clarification, improvement, and further revision to conform to changes in related
municipal codes, technology changes and State 'law. Staff is recommending an amendment to various
chapters of the Zoning Ordinance (see attached Ordinance, Attachment 2) to modify the language of the
ordinance and for internal consistency.
Additionally, the proposed ordinance amendment includes revisions to the regulations related to second
units based on recent changes in the State law regarding the regulation of these dwelling units. On April
22, 2002, Assembly Bill (AB) 1866 (Wright) was adopted by the State legislature amending Government
Code Section 65852.2 requiring that cities establish a review and approval process for second units
providing for a ministerial review and approval process, and prohibiting discretionary review through a
Conditional Use Permit.
SECOND UNIT ZONING ORDINANCE AMENDMENTS:
The Zoning Ordinance presently allows the construction of Second Units only with a Conditional Use
Permit approved by the Zoning Administrator. A Second Unit is defined in the Zoning Ordinance of the
Municipal Code as a residential unit with a separate kitchen, sleeping, and bathroom facilities, which is
part of, an extension to, or detached from, a detached single-family residence, and which is subordinate to
COPIES TO: In House Distribution Project Manager
g:pa03020/PCSR
the principal residence.
Pursuant to the recent changes in State law, the Land Use Matrix in Chapter 8.12, Zoning Districts and
Permitted Use Of Land, Section 8.12.050, Permitted and Conditionally Permitted Land Uses, has been
revised to designate a Second Unit as a permitted use in the Single Family Residential Zoning District.
The process of reviewing and approving Second Units would no longer require a discretionary permit, but
would be subject to issuance of a building permit if it meets the established standards of Chapter 8.80,
Second Unit Regulations of the Zoning Ordinance, as discussed below.
Assemblv Bill 1866:
In adopting AB 1866, the State Legislature amended Government Code Section 65852.2 with the intent of
promoting the approval of second units as a valuable housing tool using established development
standards similar to the ministerial review for a building permit. The amendment is effective on July 1,
2003 and eliminates the discretionary review or hearing process for approval of a second unit. The
Legislature believed that the Conditional Use permit process utilized by most municipalities in approving
the development of second units in residential zoning districts was "excessive" and "burdensome," and
unreasonably restrictive to homeowners. The amendment does allow- the City to establish a procedure and
specific criteria in its zoning ordinance for evaluating second units relative to parking, height, setbacks
and other matters, but prohibits the local jurisdiction from requiring discretionary or more subjective
review of second units. The State Legislature has been concerned that municipalities have been utilizing
the discretionary review process to restrict property owners from developing second units.
Proposed Second Unit Regulation Modifications:
To implement the new State law regarding second units, The City of Dublin is required to revise the
Zoning Ordinance to ensure compliance with newly enacted regulations. Section 8.80.030, Regulations of
the Zoning Ordinance is required to be modified. This section's title is proposed to be revised to 'Section
8.80.040, Development Standards and Regulations,' and would allow a second unit to be permitted within
the R-1 Residential District and Planned Development Districts (if not prohibited by the PD regulations)
with issuance of a building permit if it complies with certain recommended development standards (which
are discussed in more detail below). It also eliminates the requirement of obtaining a Conditional Use
Permit approval from the Zoning Administrator, and revises the numbering of the section.
In addition to the revised section mentioned above, Staff is recommending adding Section 8.80.050,
Permitting Procedures, to the Zoning Ordinance. This would be a new section added to Chapter 8.80,
Second Unit Regulations, of the Zoning Ordinance to establish the application procedure for a request for a
building permit for second units. This Section includes the standard application submittal requirements,
which must be met when submitting for a building permit for a second unit to determine if a building permit
can be issued. In addition to the standard submittal requirements for a building permit, Staff is
recommending that additional criteria be added in order to determine consistency with the City's General
Plan and applicable Specific Plan. This criteria is similar to the information currently required by the
Second Unit regulations, however the criteria has been modified in order to be consistent with the new
State law. Following is the new section of the ordinance, which outlines the information that an applicant
for a new second dwelling unit would be required to include with their submittal:
1. Site Plan: The plan is to be drawn to scale, showing the dimensions of the perimeter of
the parcel on which the second unit will be located. The location and dimensioned
setbacks of all existing and proposed structures on the project site are to be indicated on the
plan.
2
· ' 2. Lot Coverage: 'Calculations indicating the square footage of the structure and the lot are
to be included on the plan, and also calculations for the percentage of lot area covered by
the foundation of the new and existing structures on the lot. The maximum lot coverage
for all structures on the lot will remain 60%.
3. Elevations: North, south, east and west elevations showing all openings, exterior finishes,
original and finish grades, stepped footing outline, ro0fpitch, materials and color board for
the existing residence and the proposed second unit ~e to be submitted to ensure that the
unit will be compatible with existing units on the lot.
4. Utility and Service Information: Information on available utility easements, services and ·
connections, and roadway access to the site is to be included in the submittal to ensure the
second unit will be served by utilities and infrastructure.
5. Color Photographs: Provide color photographs of the site. The photos shall be taken
from each of the property lines of the project site to show the site. Label each photograph
and reference to a separate site plan indicating the location and direction of the'photograph.
6. Deed Restriction: Provide the completed deed restriction as required, signed and ready
for recordation. The deed restriction is to stipulate that the second unit will not be sold
separately; is restricted to a maximum size based on lot coverage; is allowed as long as the
owner of record occupies either the primary residence or the second unit on the property;
and, the restrictions are binding on all successors in ownership of the property.
Second Unit Parking:
The revision to this section would modify the reference to the subsection for Second Unit parking to be
consistent with the previous revisions. The Off-Street and Loading Regulations for Second Units on
single family lots is proposed for modification to reference Section 8.80.040.F, which requires one
additional off-street parking space to be provided for the dwelling unit. The second unit parking space
would be in addition to the parking spaces required for the principal residence. The modification in the
language of this subsection will also provide some flexibility in the type of parking space to be provided by
allowing it to be compact, uncovered, or in tandem with the required parking for the principal dwelling unit.
As this section of the ordinance stated that the parking for the second unit could be located in the Side Yard
Setback if specifically permitted by a Conditional Use Permit, and that requirement is no longer valid based
on the amendment to the State law, some flexibility in the type of parking space is appropriate. With respect
to yard setbacks and location of parking, the location of the parking for the second unit would follow the
same standards as those established for the principal residence.
Another change in this subsection of the ordinance relates to the requirement of an Encroachment Permit for
a curb cut to access the parking for the second unit. Presently, an Encroachment Permit granted by the
Director of Public Works must be obtained for the curb cut; however, with the proposed change to the
ordinance, the curb cut would be required to meet the City standard, but an Encroachment Permit would no
longer be necessary.
Based on the proposed revisions, if all the above requirements are met and the proposed second unit
conforms to the specific standards contained in Section 8.80.040, Development Standards and
Regulations, the Community Development Department must then issue a building permit for the second
dwelling unit.
3
HOME OCCUPATIONS ZONING ORDINANCE AMENDMENT:
The Zoning Ordinance section restricting the number of Home Occupations to no more than two per
residence is proposed to be deleted. This would allow an unlimited number of home occupation permits
per residence. Based on Staff research, it appears that the number of home occupations per residence may
have been restricted for practical reasons, as each business could potentially use a portion of the square
footage of the residence. However, with the advent of intemet based businesses, a resident could work
out of their home and presumably conduct several businesses at one time within a minimal amount of
floor area or space. Because of this, Staff suggests deleting this section of the Home Occupation
Regulations to remove the restriction.
ENVIRONMENTAL REVIEW:
On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive
Revision to the Zoning Ordinance, including Chapter 8.12, Zoning Districts and Permitted Use Of Land;
Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking And Loading
Regulations; and, Chapter 8.80, Second Unit Regulations, is exempt from the California Environmental
Quality Act (CEQA). Various changes to the Municipal Code listed above would also not create
environmental impacts. These changes are also exempt from CEQA 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 (b)(3)). Additionally, the proposed amendment relating to second units
are further exempt Under CEQA Guidelines Section 15282(i) as second units on developed lots would
have no possibility of having an adverse effect on the environment, and the amendment is consistent with
the General Plan and all applicable Specific Plans.
CONCLUSION:
The Zoning Ordinance (Chapter 8.120), requires that all zoning ordinance amendments (such as the
proposed amendment to the Zoning Districts and Permitted Uses of Land, Home Occupations, Off-Street
Parking Regulations, and Second Unit Regulations chapters) be heard by the Planning Commission and
following a public hearing, the Planning Commission shall make a written recommendation to the City
Council whether to approve, approve with modifications or disapprove the amendment.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1. Open the Public Hearing and receive Staff presentation.
2. Take testimony from the Applicant and the Public.
3. Question Staff, Applicant and the Public.
4. Close Public Hearing and deliberate.
5. Adopt resolution (Attachment 1) recommending that the City Council adopt the Ordinance
(Attachment 2) to amend the Dublin Municipal Code (Zoning Ordinance).
4
GENERAL INFORMATION
APPLICANT: City of Dublin
100 Civic Plaza
Dublin, CA 94568
LOCATION: Citywide
ASSESSOR PARCELS: Various
GENERAL PLAN/
SPECIFIC PLAN
DESIGNATION: Various Residential Land Use designations
EXISTING ZONING
AND LAND USE: R-1 Residential and Residential PD Planned Districts
Cm. Fasulkey closed the public hearing and asked for a motion.
On motion by Cm. King, seconded by Cm. Machtmes, by a vote of 5-0, the Planning
Commission unanimously approved
RESOLUTION NO. 03-29
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT REQUEST FOR PA 03-022
TO OPERATE AN AUTO REPAIR AND SERVICE ESTABLISHMENT
IN AN EXISTING BUILDING WITHIN A M-1 ZONING DISTRICT
AT 6345 SCARLETT COURT,
ASSESSOR PARCEL NUMBER 941-0550-015-05
8.2 PA 03-020, Zoning Ordinance Amendment to Chapter 8.12, Zoning Districts And
Permitted Uses Of Land; Chapter 8.64, Home Occupations; Chapter 8.76, Off-
Street Parking And Loading Regulations; and, Chapter 8.80, Second Unit
Regulations, Of The Municipal Code (Zoning Ordinance)
Ms. Harbin presented the staff report and explained that the Zoning Ordinance (Chapter 8.120)
requires that all zoning ordinance amendments (such as the proposed amendment to the
Zoning Districts and Permitted Uses of Land, Home Occupations, Off-Street Parking
Regulations, and Second Unit Regulations chapters) be heard by the Planning Commission and,
following a public hearing, the Planning Commission will make a written recommendation to
the City Council whether to approve, approve with modifications or disapprove the
amendment.
Effective July 1, 2003, AB 1866 amended Government Code Section 65852.2 requiring that
municipalities promote the approval of second dwelling units using established standards and
ministerial review. The legislative action eliminates the discretionary review or hearing process
most cities use to approve a second dwelling unit. The new Code Section allows the City to
establish a procedure and criteria in the zoning ordinance for evaluating second dwelling units
for parking, height, setbacks, site layout and architecture. Staff is recommending modifications
to Development Regulations in the Second Unit Regulations chapter to establish standards to
allow second units within any Single Family Residential Districts and Planned Development
Districts (if not prohibited by the PD regulations) with issuance of a building permit. The
amendment also eliminates the requirement of obtaining a Conditional Use Permit approval
from the Zoning Administrator for a second unit. The revision to this section would modify the
reference to the subsection for Second Unit parking to be consistent with the previous revisions.
The Off-Street and Loading Regulations for Second Units on single family lots is proposed for
modification to reference Section 8.80.040.F, which requires one additional off-street parking
space to be provided for the dwelling unit.
She explained that the Zoning Ordinance section restricting the number of Home Occupations
to no more than two per residence is proposed to be deleted. This would allow an unlimited
number of home occupation permits per residence. Based on Staff research, it appears that the
number of home occupations per residence may have been restricted for practical reasons, as
each business could potentially use a portion of the square footage of the residence. However,
with the advent of internet based businesses, a resident could work out of their home and
presumably conduct several businesses at one time within a minimal amount of floor area or
space. Because of this, Staff suggests deleting this section of the Home Occupation Regulations
to remove the restriction.
Staff recommends that the Planning Commission open the public hearing and receive Staff
presentation and adopt the resolution recommending that the City Council adopt the Ordinance
to amend the Dublin Municipal Code (Zoning Ordinance). She asked if anyone had any
questions.
Cm. Machtmes asked if there was an incident that caused staff to bring this project forward.
Ms. Harbin stated Staff received inquiries and letters regarding the Home Occupation
regulations limit on the number of home occupations. However, the changes in the second unit
regulations are to comply with State law. The State sees it as a way to provide additional
affordable housing.
Cm. Fasulkey asked if the City is required to follow State law.
Mr. Bakker stated the State permits second units and without criteria from the City, the City will
default to the State law or use the State's regulations on second units.
Cm. Fasulkey asked if the City's PD requirements would be modified.
Ms. Harbin said the City would not modify those requirements for individual PD's unless a
request was made to do so
Cm. Fasulkey asked if there were any other questions for staff; hearing none he closed the
public hearing and asked for a motion.
On motions by Cm. Jennings, seconded by Cm. Nassar, by a vote of 5-0 the Planning
Commission unanimously approved
RESOLUTION NO. 03-30
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO
CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND; CHAPTER 8.76,
OFF-STREET PARKING AND LOADING REGULATIONS; CHAPTER 8.64, HOME
OCCUPATIONS; AND, CHAPTER 8.80, SECOND UNIT REGULATIONS,
OF THE MUNICIPAL CODE (ZONING ORDINANCE), PA 03-020
7.2 PA 03-010 Fairway Ranch Study Session Preliminary review of a Site
Development Review, Density Bonus, Tentative Tract Map and Draft
Development Agreement for the development of 3 projects; a 322 unit Senior
Apartment Project, a 304 unit Multi-Family Apartment Project, and a 304 unit
Condominium Project. The Subject site is in Area B of Dublin Ranch between
Dublin Boulevard and Central Parkway, east of Keegan St.
Cm. Fasulkey reminded the Planning Commission that it was a study session and no action
would be taken.
Mr. Porto explained that the study session is to acquaint the Planning Commission with the
project before the public hearing on June 24%
Marnie Waffle made a power point presentation of the project. The proposed Fairway Ranch
project is located within the Eastern Dublin Specific Plan, Dublin Ranch Area B, between Dublin
Boulevard and Central Parkway, east of Keegan Street. She explained that Fairway Ranch is a
proposed affordable housing community of 930 residential units on approximately 24.5 acres of
land in Eastern Dublin. There are three components to Fairway Ranch: an affordable senior
apartment project, an affordable multi-family apartment project, and a for-sale condominium
project. The Applicant is proposing this project in order to satisfy the Inclusionary Zoning
(affordable housing) requirements for the remainder of Dublin Ranch. Currently, it is estimated
that there are 2,655 residential units left to be developed in Dublin Ranch; of those 2,655 units,
the Inclusionary Zoning Ordinance requires that 12.5%, or 322 units, be affordable. The
Applicant is proposing to construct a total of 587 affordable units throughout the entire Fairway
Ranch project. Staff has reviewed the proposed project and determined that it is in conformance
with the General Plan, Eastern Dublin Specific Plan, and existing Planned Development Zoning.
The purpose for this Study Session is for Staff and the Applicant to introduce the proposed
Fairway Ranch project to the Planning Commission. The Study Session will give the Planning
RESOLUTION NO. 03-30
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO
CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND; CHAPTER 8.76,
OFF-STREET PARKING AND LOADING REGULATIONS; CHAPTER 8.64, HOME
OCCUPATIONS; AND, CHAPTER 8.80, SECOND UNIT REGULATIONS,
OF THE MUNICIPAL CODE (ZONING ORDINANCE), PA 03-020
WHEREAS, the comprehensive revision to the Zoning Ordinance (Ordinance 20-97) was adopted
by the City Council on September 2, 1997, with a subsequent amendment to several chapters of the
Zoning Ordinance on October 1, 2003; and
WHEREAS, Staff has prepared a Staff report dated June 10, 2003, analyzing the amendment to
the Municipal Code (Zoning Ordinance) for Chapter 8.12, Zoning Districts and Permitted Uses of Land;
Chapter 8.64, Home Occupations; Chapter 8.76, Off-Street Parking And Loading Regulations; and,
Chapter 8.80, Second Unit Regulations, of The Municipal Code; and
WHEREAS, the Planning Commission held a public hearing on said amendment to the Municipal
Code (Zoning Ordinance) on June 10, 2003, for which proper notice was given in accordance with
California State Law; and
WHEREAS, the Planning Commission at its June 10, 2003, meeting considered all written and
oral testimony submitted at the public hearing; and
WHEREAS, the amendment is consistent with the City of Dublin General Plan because it relates
to residential uses in areas designated for residential land use; and
WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the
Comprehensive Revision to the Zoning Ordinance, including Chapter 8.12, Zoning Districts and
Permitted Use Of Land; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking
And Loading Regulations and, Chapter 8.80, Second Unit Regulations, is exempt from the California
Environmental Quality Act (CEQA). Various changes to the Municipal Code listed above would also not
create environmental impacts. These changes are also exempt from CEQA 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 (b)(3)), and because the proposed amendments relating to
second units are further exempt under CEQA Guidelines Section 15282(i).
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Plmming Commission does hereby
recommend that the City Council find that the proposed amendment to Chapter 8.12, Zoning Districts and
Permitted Uses of Land; and, Chapter 8.64, Home Occupations; Chapter 8.76, Off-Street Parking And
Loading Regulations; and, Chapter 8.80, Second Unit Regulations (PA 03-020), have no possibility for a
significant effect on the environment [CEQA Guidelines, Section 15061 (b)(3)], that the proposed
amendments relating to second units are further exempt under CEQA Guidelines Section 15282(i), and
that the amendment is consistent with the General Plan and any applicable Specific Plan, and does
GSPA#k2003\03-020 ZOA Second UnitskPC reso-SecUntOrd. DOC
therefore recommend that the City Council amend said chapters of the Municipal Code (Zoning
Ordinance) as shown in Attachment 2 to the June 10, 2003, Planning Commission Staff report for PA 03-
020.
PASSED, APPROVED AND ADOPTED this 10th Day of June 2003.
AYES: Cm. Fasulkey, Jennings, Nassar, Machtmes and King
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Community Development Director
2
ORDINANCE NO. -03
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND;
CHAPTER 8.64, HOME OCCUPATIONS; CHAPTER 8.76, OFF-STREET PARKING AND
LOADING REGULATIONS AND, CHAPTER 8.80, SECOND UNIT REGULATIONS, OF THE
MUNICIPAL CODE (ZONING ORDINANCE), PA 03-020
WHEREAS, the City of Dublin has determined that the 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; Off-Street Parking And Loading Regulations (Chapter 8.76); and, Second Unit
Regulations (Chapter 8.80) of the Dublin Municipal Code, must be revised to more effectively regulate
development within the City; and
WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the
Comprehensive Revision to the Zoning Ordinance, including Chapter 8.12, Zoning Districts and
Permitted Use Of Land; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking
And Loading Regulations and, Chapter 8.80, Second Unit Regulations, is exempt from the California
Environmental Quality Act (CEQA). Various changes to the Municipal Code listed above would also not
create environmental impacts. These changes are also exempt from CEQA 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 (b)(3)); and
WHEREAS, this ordinance is intended to comply with the requirements of Government Code
section 65852.2 pursuant to AB 1866 regarding regulation of second units. The ordinance regulates
second unit parking, height, setbacks and other matters in accordance with the statute; and,
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on June 10, 2003, and did adopt Resolution 03-XX recommending that the City Council approve
amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on July 1, 2003; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Ordinance Amendment; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council.
finds that the Ordinance Amendment is consistent with the Dublin General Plan; 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 City Council of the City of Dublin does ordain as follows:
Section 1.
Section 8.12.050, Permitted and Conditionally Permitted Land Uses, of the Dublin Municipal Code is
amended to read as follows:
RESIDENTIAL USE TYPES
Residential Use Type A R-1 'R-2 R-3 R-4 C-O C-N C-1 C-2 M-P M-1 M-2
Second Unit C4ZA - - -
P
Section 2.
Section 8.64.030, Limitations on Use, of the Dublin Municipal Code is amended to read as follows:
ML. Nuisances. No Home Occupation shall create or cause traffic, noise, dust, light, vibration, odor,
gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or
nuisances beyond those normal for a residential area or which may be perceptible at or beyond the
lot line as determined by the Director of Community Development.
NM. Outdoor Storage/Display. There shall be no outdoor storage or display of merchandise,
equipment, appliances, tools, materials, or supplies associated with a Home Occupation.
ON. Parking. No vehicle used for a Home Occupation shall occupy a required parking space of a
residence. No Home Occupation shall occupy a required parking space of a residence. One off-
street parking space (other than in the driveway) shall be provided for a vehicle used for the Home
Occupation.
PO. Rented Property. If the Home Occupation is to be conducted on rental property, the property
owner's written authorization for the proposed use shall be obtained and submitted to the City
prior to the application for a Business License or Zoning Clearance.
QP. Repair or Dismantling of Vehicles Within a Garage. Any vehicle being repaired or dismantled
within a residential garage shall be owned by an occupant of the residence and shall be carried out
in full compliance with all applicable laws and regulations.
RQ. Signs. There shall be no advertising sign, window display, or other identification of the Home
Occupation on the premises other than a house number and nameplate as permitted by Section
8.84.140.D House Numbers and Name Plates.
SR. Storage. The storage of equipment, materials, wastes, and other items needed for, or produced by,
the construction, landscaping, or service trades is prohibited.
T_S. Students. No more than two students may be given instruction in music, academics, dance,
swimming, or other subjects as determined by the Community Development Director in a
residence at one time. No students may be given instruction between the hours of 9:00 p.m. and
8:00 a.m.
19T. Vehicular Trips/Delivery Trips. No Home Occupation shall generate more than five additional
2
pedestrian or vehicular trips in excess of that customarily associated with the zoning district in
which it is located, or more than two delivery trips per day. No deliveries shall be made between
the hours of 9:00 p.m. and 8:00 a.m.
Section 3.
Section 8.76.070.A. 14, Location of Required Parking Spaces, of the Dublin Municipal Code is
amended to read as follows:
a. Single family lot.
2. Second Unit parking. Parking for a Second Unit shall be provided in accordance with
this Chapter except as provided in Section 8.80.040.F. may be !oc~ed in tke Side
........ spec ca F ........... j a ......................... vF ...... J .... Zonng
~ ~;~;~,.~ ~= c~;,;~ ~ ~ ~;, ~u ..... ;~ m~, ..... ~ ~-'* ~= provided to
Section 4.
Section 8.76.080, Parking Requirements by Use Type, is amended to read as follows:
B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Second Unit 1 parking space, see Section 8.80.04024F relating to
Second Units parking
Section 5.
Section 8.80.010, Purpose, of the Dublin Municipal Code is amended to read as follows:
The purpose of this section is to establish regulations for approving second units designed to meet the
special needs of individuals and families, particularly the elderly, disabled, and those of low and very-
low income; and which meet the requirements of the Housing Element-and are compatible with existing
dwellings.
section 6.
Section 8.80.020, Intent, of the Dublin Municipal Code is amended to read as follows:
The intent of this section is to ensure that Conditional Use Pe,-z_its approving second units meet all of the
following~-l,~-~e, oc'"a;"~° objectives. That the second unit:
A. Allows for more efficient use of the City's existing housing stock and underdeveloped
residential properties.
B. Does not negatively impact the family character of the neighborhood.
C. Does not negatively impact traffic in the neighborhood.
3
D. Has sufficient roadway access and utility service.
E. Provides sufficient access and mobility for the handicapped or disabled.
F. Complies with all standards of Chapter 8.80, Second Units.
G. Meets the c.~,41_~o of standards established by Chapter 8 10080, r~.,4~,i^~, T T~ D~i, .~,4
such ccnd';t';ons Second Units, and complies with State Law as may be appropriate to further
the purposes of this Title.
Section 7.
Section 8.80.030, Permitting Procedures, is added to the Dublin Municipal Code to read as follows:
Any application for a second unit that meets the Development Standards and Regulations contained in
this Chapter, shall be approved ministerially without discretionary review or a public hearing.
Section 8.
Section 8.80.030, Regulations, of the Dublin Municipal Code is amended to read as follows:
Section 8 80 040, Development Standards and Regulations. 'NT ...... ,411.;, o~fi]] ~ .... :~J
· '~n!ess A building permit for a second unit will only be issued if it complies with the following
development standards:
A. Permitted in the R-1 district...-j"~-~ and certain Planned Development districts. A second unit
may only be permitted in the R- 1 zoning district and in a Planned Development zoning district (if
not specifically prohibited by the PD regulations) which is subiect to underlying R-1 standards.
.~.,nd...on... Usc .........................
o,F_l.,~- ,.., · ,-,,.., uj
Existing detached single-family dwelling unit. The lot on which a second unit is located
shall contain a~ legal existing, detached, single-family dwelling unit.
Maximum of one second unit per lot. There shall bc no more +&an a maximum of one
second unit allowed per lot.
t~D. Unit size. Thc total floor area of a second unit shall be not less than 275 square feet, nor
more than 1,000 square feet. Further, in no case shall a second unit exceed 35% of thc total
floor area of thc existing single-family residence.
GE_. R-1 development standards. The second unit shall conform to the development standards
of thc R-1 zoning district including, but not limited to, setbacks and height, but excluding
density standards.
t4_F. Parking. Thc second unit shall bc provided with one additional off-street parking space~
4
the requirements of Chapter 8.76, Off-Street Parking and Loading, except that the space may
be compact, may be uncovered, and may be in tandem with the required parking of the
i ip 1 d lli g unit t,,~ ~^oo+~a ;., ,t,,. c;a~ v~.a
pr nc a we n :,,~^~ ................................. ~ ......... Jr ........... :a
ska!! mo/uii~haCa-A curb cut shall be provided to City Standards and *&~ mn EncroacNment
Permit be .... +..a ,.., +,.~ r~:.~o,^, of Pub!lc x~.~.o The second unit parking shall be in
addition to parking required for the principal .~:a
c,t.~_+~, g 7fi ncc ~+.~+ ~.~.: ....a Loadin dwellin .
.... ~- .... , ............... s .... g g unit
If;. Public ntilifies and serviees. Second units shall be served by public water and sewer and
shall have access to an improved street.
Design Compatibili .ty The second unit shall be
cf the combined second unit and incorporate the same or similar design features, building
materials, colors, and landscaping as the existing residence is th~ cf to give the appearance of
a single-family residence.
8!. Entrance visibility. The entrance of a second unit shall not be visible from the street.
I4_J. Coverage. The principal residence and second unit combined shall not cover more than 60%
of the lot.
g__K. Occupancy.
1. Applications shall be limited to owner- occupants who hw:e resided in +&.e principal
2. No more than one dwelling unit on the parcel shall be rented or leased.
3. The owner of the lot may occupy either the princiPal residence or the second unit.
4. Either of the units may remain vacant.
5. The second unit shall not be sold separately.
56. A deed restriction shall be recorded setting forth the occupancy requirements.
67. No subdivision shall be allowed unless the division meets the applicable requirements of
Title 8 and Title 9 of the Municipal Code.
MO. Building setbacks. If the second unit is detached from the principal residence on the site, i~
............................................. v ...... ~, ....... e stance etween e
structures shall be as determined by the Uniform Building Code, but no more than 100 feet
from the principal residence on the site.
Section 9.
Section 8.80.050, Permitting Procedures~ is added to the Dublin Municipal Code to read as follows:
5
A. Submittal: The application for a second unit shall be submitted to the Community
Development Department with submittal of an application for a building permit. In addition
to the standard submittal requirements for a building permit, the second dwelling unit
application package shall include the following:
1. Site Plan: The plan shall be drawn to scale, showing the dimensions of the perimeter of
the parcel on which the second unit will be located. Indicate the location and dimensioned
setbacks of all existing and proposed structures on the project site
2. Lot Coverage: Calculations indicating the square footage of the structure and the lot, and
include calculations on the plan for the percentage of lot area covered by the foundation of
the new and existing dwelling units.
3. Elevations: North, south, east and west elevation which show all openings, exterior
finishes~ original and finish grades~ stepped footing outline~ roof pitch, materials and color
board for the existing residence and the proposed second unit.
4. Utili~ and Service Information: Provide information on available utility easements,
services and connections. Include information on roadway access to the site.
5. Color Photographs: Provide color photographs of the site. The photos shall be taken
from each of the property lines of the project site to show the site. Label each photograph
and reference to a separate site plan indicating the location and direction of the photograph.
6. Deed Restriction: Provide the completed deed restriction as required, signed and ready
for recordation.
B_ Building Permit Issuance: The Community Development Department shall issue a
building permit for the second unit if all submittal requirements are met~ and if it conforms
to the specific standards contained in Section 8.80.040, Development Standards and
Regulations.
gSPA#~2003\03 -020\ORD-strikeout-underline.6-02
SECOND UNITS REGULATIONS
Chapter 8.80
: :: CHAPTER 8.80 SECOND UNITS REGULATIONS
: :'
8.80.010 Purpose. The purpose of this section is to establish regulations for
approving second units designed to meet the special needs of individuals
and families, particularly the elderly, disabled, and those of Iow and very-
low income; and which meet the requirements of the HoUsing Element.
8.80.020 Intent. The intent of this section is to ensure that Conditional Use Permits
approving second units meet all of the following findings. That the second
unit:
A. Allows fOr more efficient use of the City's existing housing stock and
underdeveloped residential properties.
B. Does not negatively impact the family character of the neighborhood.
C. Does not negatively impact traffic in the neighborhood.
D. Has sufficient utility service:
E. Provides sufficient access and mobility for the handicapped or disabled.
" F. Complies with all standards of Chapter 8.80, Second Units.
G. Meets the findings of Chapter 8.100, Conditional Use Permit, and such conditions
as may be appropriate to further the purposes of this Title.
8.80.030 Regulations. No second unit shall be approved unless it complies with all
of the following regulations:
A. Permitted in the R-1 district only. A second unit may only be permitted in the
R- 1 zoning district.
B. Conditional Use Permit. A second unit shall be approved by means of a
Conditional Use Permit by the Zoning Administrator.
C. Existing detached single-family dwelling unit. The lot on which a second unit is
located shall contain an existing, detached, single-family dwelling unit.
D. Lot size. That the lot on which a second unit is located have a minimum lot size of
6,000 square feet.
City of Dublin Zoning Ordinance -80-1 September, 1997
SECOND UNITS REGULATIONS
Chapter 8.80
E. Maximum of one second unit per lot. That there be no more than one second unit -.'.'"-
allowed per lot.
F. Unit size. The total floor area of a second unit shall be not less than 275 square feet,
nor more than 1,000 square feet. Further, in no case shall a second unit exceed 35%
of the total floor area of the existing single-family residence.
G. R-1 development standards. The second unit shall conform to the development
standards of the R-1 zoning district including, but not limited to, setbacks and height
but excluding density standards.
H. Parking. The second unit shall be provided with one additional off-street parking
space. The parking sPace may be uncovered and may, if'it is not possible to meet
the requirements of Chapter 8.76, Off-Street Parking and Loading, be in tandem
with the required parking of the principal dwelling unit, or be located in the Side
Yard Setback if specificallypermitted by a Conditional Use Permit approved by the
Zoning Administrator. The Conditional Use Permit shall require that a curb cut be
provided to City Standards and that an Encroachment Permit be granted by the
Director of Public Works. The principal residence shall comply with the
requirements of Chapter 8.76, Off-Street Parking and Loading.
I. Design. The second unit shall be designed in such a way that the appearance of the ..:-.~-::
combined second unit and existing residence is that of a single-family residence.
J. Entrance visibility. The entrance of a second unit shall not be visible from the
street.
K. Coverage. The principal residence and second unit combined shall not cover more
than 60% of the lot.
L. Occupancy.
1. Applications shall be limited to owner-occupantswho have resided in the
principal residence for a minimum period of six months.
2. No more than one dwelling unit on the parcel shall be rented or leased.
3. The owner of the lot may occupy either the principal residence or the second
unit.
4. Either of the units may remain vacant.
5. A deed restriction shall be recorded setting forth the occupancy ::-'.'~':-.::
requirements. ::'""":'
II
City of Dublin Zoning Ordinance 80-2 September,' 1997
SECOND UNITS REGULATIONS
Chapter 8.80
· .-.--' - - 6. No subdivision shall be allowed unless the division meets the applicable
-'-' :' requirements of Title 8 and Title 9 of the Municipal Code.
M. Building setbacks. If the second unit is detached, it shall be located a minimum of
10 feet from the principal unit.
City of Dub/in Zoning Ordinance 80-3
HOME OCCUPATIONS REGULATIONS
Chapter 8.64
CHAPTER 8.64 HOME oCCUPATIONS REGULATIONS
8.64.010 Purpose. The purpose of this Section is to' allow Home Occupations for the gainful
employment of the occupant of a dwelling in a limited commercial activity, with such
employment activity being incidental and subordinate to the residential use of the
property. ~
Intent. The intent of this Section is to ensure that Home Occupations are compatible
with, and do not change the character of the surrounding residential area by generating
more traffic, noise, odors, visual impacts, or storage of materials than would normally
be expected in a residential zoning district.
8.64.020 Business License Required. Business licenses are required for Home Occupations
which are permitted as accessory uses in all residential zoning districts. No Home
Occupation may be conducted until a Business License is issued.
8.64.030 Limitations on Use. A Home Occupation shall conform to the following limitations
on use:
A. Accessory Structure/Temporary Structure. No Home Occupation may be conducted
within an Accessory Structure or a temporary structure.
B. Appearance of the Residence. The Home Occupation shall not alter the external appearance
of the residence.
C. Construction Equipment/Work Vehicles. No construction equipment or work vehicles
such as plumbing vans, electronic repair vans, or similar equipment or work vehicles (except a
Company Vehicle permitted by Section 8.64.040.E below), as determined by the Director of
Community Development, shall be stored which is used by the occupant of the residence or
his/her employees in connection with a Home Occupation.
D. Codes/Laws/Regulations. A Home Occupation shall conform to all applicable codes, laws
and regulations.
E. Company Vehicle. One company vehicle (a truck, van, or automobile only) no larger than
3/4 ton in capacity (whether or not marked with a company name or logo) may be parked in a
residential zoning district and used by the occupant directly or indirectly in connection with a
Home Occupation. Rev. Ord. 16-02 (November 2002)
F. Employees. No Home Occupation shall employ individuals who do not live in the residence.
G. Equipment/Appliances/Storage of Materials of Non-Residential Nature. There shall be
no installation of equipment or appliances or storage of materials, of a non-residential nature
City of Dublin Zoning Ordinance 64-1 September, 1997
Amended November l, 2002
HOME OCCUPATIONS REGULATIONS
Chapter 8.64
in a residence or Accessory Structure, as determined by the Director of Community
Development.
H. Fire Safety/Occupancy. Activities conducted and equipment or material used as part of a
Home Occupation shall not change the fire safety or occupancy classifications of the residence
as set forth in the Uniform Building Code. The Home Occupation shall not employ the
storage of flammable, explosive, or hazardous materials unless specifically approved by the
Alameda County Fire Department.
I. Incidental and Subordinate Use. A Home Occupation shall be incidental and subordinate to
the residential use of the property.
J. Indoors/Limited to one room. The Home Occupation shall be conducted indoors and shall
be limited completely to one room located within the residence, or to the garage.
K. Merchandise For Sale Or Rent From the Premises. No merchandise or goods shall be
sold, leased or rented from the premises if the sale, lease or rental requires the customer to
visit the premises for delivery.
L. Multiple Home Occupations. There shall not be more than two Home Occupations per
residence.
M. Nuisances. No Home Occupation shall create or cause traffic, noise, dust, light, vibration,
odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other
hazards or nuisances beyond those normal for a residential area or which may be perceptible
at or beyond the lot line as determined by the Director of Community Development.
N. Outdoor Storage/Display. There shall be no outdoor storage or display of merchandise,
equipment, appliances, tools, materials, or supplies associated with a Home Occupation.
O. Parking. No vehicle used for a Home Occupation shall occupy a required parking space of a
residence. No Home Occupation shall occupy a required parking space of a residence. One
off-street parking space (other than in the driveway) shall be provided for a vehicle used for
the Home Occupation.
P. Rented Property. If the Home Occupation is to be conducted on rental property, the property
owner's written authorization for the proposed use shall be obtained and submitted to the City
prior to the application for a Business License or Zoning Clearance.
Q. Repair or Dismantling of Vehicles Within a Garage. Any vehicle being repaired or
dismantled within a residential garage shall be owned by an occupant of the residence and
shall be carried out in full compliance with all applicable laWs and regulations.
City of Dublin Zoning Ordinance 64=2 September, 1997
Amended November l, 2002
HOME OCCUPATIONS REGULATIONS
Chapter 8.64
R. Signs. There shall be no advertising sign, window display, or other identification of the
Home Occupation on the premises other than a house number and nameplate as permitted by
Section 8.84.140.D House Numbers and Name Plates.
S. Storage. The storage of equipment, materials, wastes, and other items needed for, or
produced by, the construction, landscaping, or service trades is prohibited.
T. Students. No more than two students may be given instruction in music, academics, dance,
swimming, or other subjects as determined by the Community Development Director in a
residence at one time. No students may be given instruction between the hours of 9:00 p.m.
and 8:00 a.m.
U. Vehicular Trips/Delivery Trips. No Home Occupation shall generate more than five
additional pedestrian or vehicular trips in excess of that customarily associated with the
zoning district in which it is located, or more than two delivery trips per day. No deliveries
shall be made between the hours of 9:00 p.m. and 8:00 a.m.
8.64.040 Prohibited Home Occupations. The following Home Occupations (and any
additional Home Occupations, as determined by the Director of Community
Development), are in violation of the Purpose and Intent and/or the Limitations on Use
of this Section, and are prohibited:
A. Adult Businesses Establishments.
B. Barber Shop or Beauty Shop.
C. Carpentry or cabinet making.
D. Dance or night club.
E. Fortune telling.
F. Grooming, breeding, training or raising of dogs, cats, or other animals.
G. Medical and dental offices, clinics, and laboratories.
H. Mini-storage.
I. Repair (body or mechanical) or reupholstering of vehicle not owned by the resident.
(Note: painting of motorized vehicles or the repair and maintenance of any tractor
trucks or semi-trucks is prohibited in any residential zoning district by Section
8.40.030.E.8, Accessory Structures and Uses Regulations.
City of Dublin Zoning Ordinance 64-3 September, 1997
Amended November ~l, 2002
HOME OCCUPATIONS REGULATIONS
Chapter 8.64
J. Repair Shops (of appliances, electronic equipment, furniture, and similar items as
determined by the Director of Community Development), Fix-it shops, or plumbing
shops.
K. Restaurant.
L. Welding and machining.
City of Dublin Zoning Ordinance 64-4 September, 1997
Amended November ~i,