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HomeMy WebLinkAbout6.1 - 3439 ADU Ordinance CC Page 1 of 5 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 Page 2 of 5 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. Page 3 of 5 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 Page 4 of 5 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: Page 5 of 5 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: 2 of 10 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: 3 of 10 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: 4 of 10 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: 5 of 10 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: 6 of 10 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. 7 of 10 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. 8 of 10 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 9 of 10 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