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HomeMy WebLinkAbout6.1 Senate Bill 9 Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) (PLPA-2021-00050)STAFF REPORT Planning Commission Page 1 of 6 Agenda Item 6.1 DATE:February 22, 2022 TO:Planning Commission SUBJECT:Senate Bill 9 Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) (PLPA-2021-00050)Prepared by:Mayank Patel,Associate Planner EXECUTIVE SUMMARY:The City has initiated amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to implement Senate Bill 9 (SB 9), the California Housing Opportunity and More Efficiency (HOME) Act, which allows homeowners to split their single-family lot and/or build additional units. The proposed amendments would regulate the number and type of residential units, establish affordability requirements,and establish objective design and development standards for projects allowed by SB 9. The Planning Commission will consider the proposed amendments and make a recommendation to the City Council. The Planning Commission will also consider and make a recommendation to the City Council regarding a statutory exemption from the California Environmental Quality Act (CEQA). STAFF RECOMMENDATION:Conduct the public hearing, deliberate, and adopt the Resolution recommending City Council approval of amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions)toimplement Senate Bill 9. DESCRIPTION:BackgroundOn September 16, 2021, Governor Newsom signed into law Senate Bill 9 (SB 9), entitled the California Housing Opportunity and More Efficiency (HOME) Act, which went into effect on January 1, 2022. The bill has two major components: 1) the right to develop more than one home on a single-family residential lot;and 2) the right to subdivide a single-family residential lot.Units created by exercising the rights provided under SB 9 are referred to here as “SB 9 Units.”The term “Urban Lot Split” is used to describe a subdivision of an existing single-family residential lot intotwoparcels.If certain criteria are met,SB 9 requires local jurisdictions to ministerially approve SB 9 Units and Urban Lot Splits. Table 1 summarizes the qualifying criteria set forth in SB 9. 10 Page 2 of 6 Table 1. Qualifying Criteria for SB 9 Projects.Requirement SB 9 Unit Developments Urban Lot Split1.Project site is in an “urbanized area” or “urban cluster.”X X2.Project site is in a single-family residential zoning district.X X3.Project site is not in a historic landmark/historic district.X X4.Project site is not in a “sensitive” area as identified under Government Code Section 65913.4.X X5.Project does not result in the demolition of below market rate/deed-restricted affordable housing or rent-controlled units.X X6.Property has not occupied by tenants in the past three years.X X7.Property has not been withdrawn from the rental market under the Ellis Act for the past 15 years.X X8.Property is not located in a historic district or included on the State Historic Resources Inventory, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. X X 9.Project creates two new parcels of approximately equal lot area—each at least 40 percent of the lot area of the original parcel.X10.Each new lot is at least 1,200 square feet.X11.The parcel was not created through prior exercise of an Urban Lot Split under SB 9.X12.Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split under SB 9.X SB 9 was adopted to minimize the restrictions and limitations of traditional single-family zoning by allowing additional housing units on single-family lots and/or allowing for single-family lots to be split into two parcels with additional residential units constructed on each lot. This law allows by right, two residential units per lot of at least 800 square feet that could be conveyed (sold 11 Page 3 of 6 separately) and additional accessory dwelling units (ADUs) as further discussed below. Under SB 9, new units and subdivisions need not comply with the City’s development standards for theSingle-Family Residential (R-1) zoning district and similar Planned Development zoning districts. The new law effectively limits the City’s ability to regulate these developments and prohibits adiscretionary review process for qualified projects. However, the City does have the ability to apply certain objective standards to development and subdivisions allowed by SB 9. Objective standards involve no personal or subjective judgement and are uniformly verifiable criterion.Staff proposes to create objective standards to regulate SB 9 Units and Urban Lot Splits with a focus on the following areas: 1) number of allowed units; 2) affordability requirements; 3) occupancy requirements; and 4) design and development standards. Staff proposes to create a new chapter (Chapter 8.81) in the Zoning Ordinance to regulate SB 9 Unit Developments and a new chapter (Chapter 9.54) in the Subdivisions Ordinance to regulate Urban Lot Splits. Additional amendments to the Zoning and Subdivision Ordinances are proposed to ensure internal consistency. Please refer to Attachment 1 for a redline version of the proposed ordinance text changes where the added text is underlined and any text to be removed is marked with a strikethrough. The draft Resolution recommending that the City Council adopt the proposed amendments to the Dublin Municipal Code is included as Attachment 2 and the draft Ordinance is included as Attachment 3.AnalysisStaff prepared amendments to the Dublin Municipal Code (DMC) to implement SB 9 and to reduce the impact to existing single-family residential neighborhoods within the confines allowed by State law. Proposed Chapter 8.81 would implement SB 9 and provide objective standards to regulate development allowed by SB 9. The use and development of lots within the R-1 zoning district would continue to be regulated by the provisions of the Zoning Ordinance except as modified by SB 9 and Chapter 8.81. Chapter 9.54 would implement SB 9 and provide the City’s objective standards to regulate Urban Lot Splits. The following provides a summary of the key provisions of the proposed DMC Amendments.Number of Units.Currently, the DMC allows up to three units on a single-family residential lot: aprimary dwelling unit (PDU), an accessory dwelling unit (ADU), and a junior accessory dwelling unit (JADU). SB 9 allows up to four units on an existing lot, including an additional housing unit (SB 9 Unit), an ADU, and a JADU. However, SB 9 allows the City to restrict the total number of units per lot with an Urban Lot Split. Proposed Chapter 8.81 seeks to limit the number of units per lot to the extent allowed by State law. Please refer to Table 2 below for the maximum number of units allowed per lot by Chapter 8.81. ADUs and JADUs would continue to be regulated by the Accessory Dwelling Unit Regulations (Chapter 8.80) except as modified by SB 9 and Chapter 8.81. 12 Page 4 of 6 Table 2. Maximum Number of Units Allowed on a Single-Family Lot: Pre and Post SB 9 Unit Type Pre-SB 9:Number of UnitsAllowedPer Lot Post SB 9: Number of Units Allowed Per LotNo Urban Lot Split Urban Lot SplitVacant Lot Developed Lot Vacant Lot Developed LotPDU1-1 -1ADU11101*JADU 1 1 1 0 1*SB 9 Unit -2 1 2 1*Max.3 4 4 2 2* An Urban Lot Split parcel developed with a PDU would be limited to one additional unit, for a total of two units on the respective lot. The additional unit can be an SB 9 Unit,an ADU, or a JADU.Affordability.While SB 9 is silent regarding affordability provisions for residential units, the proposed amendments to the Zoning Ordinance (Section 8.81.060) and the Subdivision Ordinance (Section 9.54.070) require at least one unit created under SB 9 to be deed restricted as affordable to moderate income households. The affordable unit cannot be an ADU or JADU. The affordable unit would be subject to the applicable provisions of the City’s Inclusionary Zoning Regulations (Chapter 8.68). Intent to Occupy.The proposed amendments require an applicant for an SB 9 Unit Development or an Urban Lot Split to sign an affidavit indicating intent to occupy either the PDU or SB 9 Unit as their principal residence for a minimum of three years from the issuance of an SB 9 unit’s Certificate of Occupancy, or in the case of an Urban Lot Split, from the date of approval of the subdivision.Design and Development Standards.The proposed design and development standards for an SB 9 Unit under Section 8.81.070 are intended to safeguard the characteristics of existing single-family neighborhoods in Dublin. For example, to help address potential concerns about aesthetics, the proposed standards regulate street-facing elevations, building color and materials, as well as roofs. Additionally, standards pertaining to second-story massing and height limits are proposed to help maintain privacy and access to light and air. Required parking is limited to a maximum of one space per unit, and no required parking if located near transit, as required by SB 9. Similarly, the proposed subdivision standards for an Urban Lot Split under Section 9.54.060 are intended to limit changes to the fabric of existing neighborhoods by limiting the creation of irregularly configured lots and requiring lots to have frontage on the public right-of-way.Permitting. In accordance with State law, decisions on development and subdivisions under SB 9 are not subject to a public hearing nor can they be appealed if the application is found to complywith the requirements of SB 9 and the DMC. Thus, development under SB 9 would be subject to 13 Page 5 of 6 review and ministerial approval of a Zoning Clearance by the Community Development Director (Sections 8.81.080 and 8.81.090). Similarly, Urban Lot Splits would be subject to review and ministerial approval of a Parcel Map by the City Engineer (Section 9.51.080).SB 9 is complicated legislation and still being interpreted throughout the State. Future amendments and interpretations of the law are likely which could result in the need to modify Chapters 8.81 and 9.54. Additional amendments to these chapters may also be necessary as Staff implements SB 9 and these ordinances.Consistency with the General Plan, Specific Plans, and Zoning OrdinanceThe proposed 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. Amendments to the Zoning Ordinance and Subdivision Ordinance are proposed to ensure consistency with State law and implementation of SB 9. ENVIRONMENTAL DETERMINATION:The California Environmental Quality Act (CEQA), together with the State CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and when applicable, environmental documents be prepared. To facilitate local jurisdictions in implementing SB 9, the legislature included an exemption from CEQA for any local ordinance that is adopted to implement the new law. Staff is recommending that the project be found statutorily exempt from the requirements of CEQA pursuant to Division 13 (commencing with §21000) of the Public Resources Code. 14 Page 6 of 6 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. Additionally, the Planning Commission Agenda and the Staff Report for this public hearing was also made available on the City’s website. ATTACHMENTS:1) Redlines of Proposed Dublin Municipal Code Amendments2) Planning Commission Resolution Recommending City Council Approval of the Ordinance Approving Amendments to the Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide3) Exhibit A to Attachment 2 – Ordinance Approving Amendments to the Dublin Municipal CodeTitles 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide 15 Attachment 1 CHAPTER 8.08 DEFINITIONS 8.08.020 Definitions (A-Z) SB 9 Unit.The term SB 9 Unit shall mean a dwelling unit that is developed using the provisions in Chapter 8.81, and the provisions identified in California Government Code Sections 65852.21 or 66411.7. SB 9 Unit Development.The term SB 9 Unit Development shall mean a housing development as defined in California Government Code Section 65852.21. CHAPTER 8.12 ZONING DISTRICTS AND PERMITTED USES OF LAND 8.12.050 Permitted and Conditionally Permitted Land Uses RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 SB 9 Unit Developments -ZC --------- CHAPTER 8.20 RESIDENTIAL ZONING DISTRICTS 8.20.030 Permitted and Conditionally Permitted Land Uses, Regulations, and Performance Standards. K. SB 9 Unit Developments.For SB 9 Unit Developments, see Chapter 8.81. CHAPTER 8.36 DEVELOPMENT REGULATIONS 8.36.020(A) Agricultural and Residential Development Regulations STANDARD A R-1 R-2 R-M LOT AREA Interior lot 100 acres 4,000 sq. ft. (5)8,000 sq. ft.5,000 sq. ft. 16 Page 2 of 14 STANDARD A R-1 R-2 R-M Corner lot 100 acres 5,000 sq. ft. (5)9,000 sq. ft.6,000 sq. ft. LOT SQUARE FOOTAGE PER DU NA 4,000 sq. ft. and larger as consistent with General Plan (5) 4,000 sq. ft. and larger as consistent with General Plan 750 sq. ft. and larger as consistent with General Plan LOT WIDTH & FRONTAGE Interior lot 300 feet 50 feet (5)80 feet 50 feet Corner lot 300 feet 60 feet (5)90 feet 60 feet LOT DEPTH NA 100 feet (5)100 feet 100 feet RESIDENTIAL USE (maximum per lot) 1 du (4)1 du (4)(5)2 du (4)1 du per full 750 sq. ft. (and larger as consistent with General Plan) (4) SETBACKS Front 50 feet 20 ft. avg. 18 ft minimum to garage (1) 20 ft. avg. 18 ft. minimum 20 ft. Side 30 feet (2)(5)10 feet 10 feet (3) Street Side 50 feet 10 feet 10 feet 10 feet Rear 50 feet 20 feet (5)20 feet 30 feet (1)Living spaces may encroach to 15 ft. from Front Lot Line with Site Development Review on lots up to 6,000 square feet in size. (2)Side Yard setbacks in the R-1 zoning district shall be a minimum of 5 feet plus one foot for each full 10 feet by which lot width exceeds minimum lot width up to a maximum of 10 feet. (3)Buildings with 4 or more residences in the R-M zoning district shall have a 15 foot Side Yard on one side. (4)See Chapter 8.80, Accessory Dwelling Unit Regulations, regarding the allowable number of ADUs. (5)See Chapter 8.81, SB 9 Unit Developments, regarding the standards for qualified SB 9 Unit Developments. STANDARD A R-1 R-2 R-M DISTANCE BETWEEN RESIDENCES 100 feet 10 feet (4)20 feet 20 feet 17 Page 3 of 14 STANDARD A R-1 R-2 R-M MAXIMUM LOT COVERAGE NA 40% 1 story, 35% 2 stories (4) 40% 1 story, 35% 2 stories 40% 1 story, 35% 2 stories COMMON USEABLE OUTDOOR SPACE NA NA NA 30% of net site area ACCESSORY STORAGE - MULTIFAMILY (1) NA NA 200 cubic feet minimum per unit 200 cubic feet minimum per unit HEIGHT LIMITS (2)(2)(2)(3) (1) Multifamily accessory storage shall be provided for each unit in a multifamily project that has a private, enclosed garage attached or assigned to the unit. In addition to the R-2 and R-M Zoning Districts, multifamily accessory storage shall also be provided in comparable PD (Planned Development) Zoning Districts and the Downtown Dublin Zoning District. See also Chapter 8.08 (Definitions). (2)West of Dougherty Road 25 feet and 2 stories; may be increased to 35 feet and 2 stories pursuant to a Site Development Review approval by the Zoning Administrator. East of Dougherty Road; 35 feet and 2 stories. (3)35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more du. and lot coverage does not exceed 35%. (4)See Chapter 8.81, SB 9 Unit Developments, regarding standards for qualified SB 9 Unit Developments. CHAPTER 8.76 OFF-STREET PARKING AND LOADING REGULATIONS 8.76.080 Parking Requirements by Use Type. B. Residential Use Types.Residential Use Types shall provide off-street parking spaces as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED SB 9 Unit Developments See Section 8.81.080 relating to SB 9 Unit parking. CHAPTER 8.81 SB 9 UNIT DEVELOPMENTS 8.81.010 Purpose. The purpose of this Chapter is to implement Government Code Section 65852.21 by: 18 Page 4 of 14 A. Establishing objective standards for qualified SB 9 Unit Developments; B. Regulating the development of new residential housing units in a manner that is compatible with existing single-family residential uses; and C. Ensuring sound standards of public health and safety. 8.81.020 Definitions. For the purposes of this Chapter, the following definitions apply: A. Primary Dwelling Unit.The term Primary Dwelling Unit shall mean an existing single-family residence on a parcel constructed prior to the approval of an SB 9 Unit. B. Sufficient for Separate Conveyance.The term Sufficient for Separate Conveyance shall mean that an SB 9 Unit Development is constructed in a manner adequate to allow for the transfer of title, ownership, rights, and interests in the property, from one entity to another. 8.81.030 Applicability. The provisions of this Chapter are applicable to SB 9 Unit Developments on lots within the R-1 (Single-Family Residential) zoning district or any Planned Development District where Single-Family Residential uses are allowed. This Chapter shall not apply in the following situations: A. Projects located on lots that are included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. B. Projects located on any site described in Government Code Section 65913.4(a)(6)(B)-(K), as may be amended. C. Projects involving the demolition or alteration of any of the following: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. 3. Housing that has been occupied by a rental tenant at any time within the last three years. D. Projects located on lots which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within the last 15 years. E. Projects involving the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a rental tenant within any time in the last three years. 8.81.040 Maximum Number of Units. 19 Page 5 of 14 A. Urban Lot Split.For SB 9 Units on parcels where an Urban Lot Split is proposed or approved, under the provisions specified in Chapter 9.54 and Government Code Section 66411.17, the following shall apply: 1.Vacant Lot.A maximum of two SB 9 Units on a vacant lot created by an Urban Lot Split. No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted. 2.Developed Lot. If there is an existing Primary Dwelling Unit on a lot created by an Urban Lot Split, a maximum of one of the following units may be added to that lot: an SB 9 Unit, an Accessory Dwelling Unit, or a Junior Accessory Dwelling Unit. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted in accordance with Chapter 8.80, except that no Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted with the development of a SB 9 Unit on the same lot. No more than two units of any kind may be constructed or maintained on a lot created by an Urban Lot Split. If there are two existing units of any kind on a lot created by an Urban Lot Split, no additional units of any kind shall be permitted on that lot. B. All Other Lots.For parcels where an Urban Lot Split is not proposed or approved, the following shall apply: 1.Vacant Lot.A maximum of two SB 9 Units are allowed per lot. 2.Developed Lot. If there is an existing Primary Dwelling Unit on a lot, a maximum of one SB 9 Unit is allowed per lot. 3.Accessory Dwelling Units and Junior Accessory Dwelling Units. Accessory Dwelling Units and Junior Accessory Dwelling Units shall be permitted in accordance with Chapter 8.80, provided that there are no more than four units in total. 8.81.050 Intent to Occupy. The applicant for a SB 9 Unit shall sign an affidavit, on a form approved by the City, stating that the applicant intends to occupy the Primary Dwelling Unit or an SB 9 Unit as their principal residence for a minimum of three years from the issuance of a Certificate of Occupancy for the SB 9 Unit. 8.81.060 Affordability Requirement. A minimum of one unit in an SB 9 Unit Development shall be deed restricted as affordable to moderate income households based on the most recent Alameda County Area Median Income (AMI) levels. Any permitted Accessory Dwelling Units or Junior Accessory Dwelling Units shall not be used to satisfy this requirement. Affordable units created by this Chapter are subject to the following subsections of the Inclusionary Zoning Regulations (Chapter 8.68): Definitions (8.68.020), General Procedures for Implementing Inclusionary Zoning Requirements (8.68.050), and Enforcement (8.68.100). This requirement shall be considered satisfied if previously addressed through a related Urban Lot Split in accordance with affordability requirements of Dublin Municipal Code Chapter 9.54. 20 Page 6 of 14 8.81.070 Standards. A. General. 1. By Right Provision.The objective standards set forth in this section shall not physically preclude a maximum of two units, comprised of any combination of SB 9 Units and Primary Dwelling Unit, per parcel and shall not physically preclude each of those units from being at least 800 square feet in area. If the objective standards would physically preclude two 800 square foot units, the City will provide relief from one or more of the objective standards set forth in this section to accommodate two 800 square foot units. The City shall determine the extent of relief necessary. 2. Zoning.Except as modified by this Chapter, SB 9 Units shall comply with all objective standards of the Dublin Municipal Code including the requirements for the applicable zoning district where the property is located, provided that such regulations do not conflict with standards set forth by Government Code Sections 65852.21. B. Balconies/Decks.Balconies and decks shall not be located on an elevation directly facing a side lot line. Allowed balconies shall be located a minimum of 10 feet the rear property lines. Rooftop terraces/rooftop decks are not permitted. C. Building Facades and Materials. 1. Street-Facing Elevations. a.Shall provide volumetric elements with a minimum projection of two feet beyond the plane of the façade with use of window bays, building recesses, or porches with columns. b.Shall be designed with a minimum four-foot landscaping zone adjacent to their foundation or porch face. 2.A minimum of three exterior building colors shall be used on the front facades. 3.Attached units shall provide a minimum two-foot offset at the shared wall. 4.Transitions for both material and color shall be located at interior corners. 5.Facades that use stucco as the primary material shall be combined with a secondary wall material. 6.T-111 and similar plywood siding, corrugated and standing seam metal, vinyl and plastic siding, and foam and stucco trim façade materials shall be prohibited. 7.Fire-resistant alternatives such as, fiber cement siding, is permitted as a substitution for traditional materials such as wood shake, horizontal siding, or board and batten paneling. D. Building Height. 1. Within Setbacks.The maximum height of an SB 9 Unit, or any portion thereof, located within the setbacks established for the zoning district where the lot is located shall not exceed 16 feet. 2. Outside of Setbacks.The maximum height of an SB 9 Unit located outside of the setbacks established for the zoning district where the lot is located shall conform to the height requirements of the zoning district. E. Building Separation. 21 Page 7 of 14 1. Single-Story Structures.A minimum separation of 15 feet shall be provided between the upper story and a single-story structure on an adjacent property. 2. Multi-Story Structures. A minimum separation of 20 feet shall be provided between the upper story and a multi-story structure on an adjacent property. F. Building Setbacks. 1. Existing Structures.No setback shall be required for an existing legal structure or a structure constructed in the same location and to the same dimensions as an existing legal structure. 2. Front Yard.The minimum front yard setback shall conform to the requirements of the zoning district where the lot is located. 3. Street Side Yard.The minimum street side yard setback shall be 10 feet. 4. Interior Side and Rear Yard.The minimum interior side and rear yard setback shall be four feet. G. Fenestration.Windows and glazing areas shall comply with the following: 1.Tinted windows and colored glazing are prohibited. 2.Plastic glazing shall be prohibited for windows and skylights. 3.Functional and decorative shutters shall maintain the same dimensions as the associated glazing. Functional and decorative shutters shall be half the width of the associated window glazing (for paired shutters), or matching width for a single shutter. 4.Window materials, color, and style shall be consistent on all elevations. 5.Window trim, sills, and shutters shall be differentiated with accent materials or colors that vary from the adjacent building wall surfaces. 6.Windows shall be recessed at least two inches from surrounding exterior wall to the window glass surface or windows shall provide built-up sills and trim, at a minimum one-half inch thick, to create surface relief and texture. 7.Simulated mullions shall be allowed only when mullions are located on both the inside and outside faces of the glazing. H. Floor Area.The floor area of the upper stories shall be limited to 40 percent of the floor area of the first floor. I. Garages. 1.Front or side-entry attached garages are permitted and shall meet the dimensional requirements specified in Chapter 8.76. 2.An attached, front-entry garage shall be set back at least four feet behind the front plane of the structure to which it is attached. 3.Garage doors located in stucco walls shall be recessed a minimum of three inches from the surrounding building wall. 4.Garage doors located in masonry, wood clad, or similar siding, shall provide surrounding trim with a minimum width of three inches. J. Impervious Area.Front and side yard setbacks shall be limited to a total of 40 percent impervious coverage. K. Lighting.The following information for proposed exterior lighting fixtures shall be provided: 1.Manufacturer cut sheets with Backlight/Uplight/Glare (B.U.G.) rating. 2.Lighting locations indicated on building and/or site plans. 22 Page 8 of 14 3.Mounting heights. 4.Exterior light fixtures shall be shielded from view off the site. L. Lot Coverage.The Lot Coverage for any combination of SB 9 Units and Primary Dwelling Unit shall be cumulatively limited to the maximum lot coverage allowed by the residential zoning district where the lot is located, except as required to meet the By Right Provisions of this Chapter. M. Mechanical Equipment.Mechanical and utility equipment shall be concealed from view from the public right-of-way. With the objective of fully screening the equipment, ground-mounted equipment shall be screened by a combination of walls or fencing and landscaped plant material up to a maximum height of four feet. N. Parking.Parking shall conform to the Off-Street Parking and Loading Regulations (Chapter 8.76) except as modified by this Chapter. 1.A minimum of one off-street parking space shall be provided per unit, except if the parcel is located within: a.One-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155 or a major transit stop, as defined in the Public Resource Code Section 21064.3. The transit frequency shall be based on the schedule posted by the transit agency when the City issues the first “completeness” letter for the respective application for a SB 9 Unit Development; or b.One block of a car share vehicle. 2.Parking spaces shall not be located within the minimum side and rear yard setbacks. Parking spaces within an enclosed structure are encouraged. O. Refuse Containers.Refuse containers or areas shall not be located within private driveways or be visible from the public right-of-way. P. Rental Restrictions.Rental of any SB 9 Units or Primary Dwelling Unit shall not be less than for 30 consecutive days. Prior to the construction of an SB 9 Unit, a deed restriction, in a form approved by the City Attorney, shall be recorded setting forth setting for this limitation, and that the deed restriction may be enforced against future purchasers. Q. Roof. 1.Roofs that result from alteration or addition to an existing main structure shall match the existing slope, form, and materials of the main structure. 2.Roof material and color shall be consistent throughout the entirety of the roof within each new or modified building. Except where its use is documented on existing adjacent structures, non-dimensional three-tab asphalt shingles, wood shake roofing, and corrugated metal, metal roll and standing seam, and plastic roofing materials shall be prohibited. 3.Fire-resistant alternatives such as, cement S-tile roofing, is permitted as a substitution for traditional materials such as clay tile. 4.New structures shall provide a roof that has a minimum slope of 3:12. A sloped roof shall be defined as a gable, hip, cross gable roof, or any combination thereof. Mansard roofs shall be prohibited. 23 Page 9 of 14 5.A minimum of 25 percent of the roof area shall be articulated with any combination of hip, gable, or shed dormers. 6.Roofs shall have a minimum overhang of 12 inches. 7.The roof styles and materials of detached garages and carports shall match the materials and detailing of main and accessory structures. R. Separate Connections. 1.All attached or detached SB 9 Units shall have separate utility connections and meters. 2.Any attached or detached Accessory Dwelling Unit that becomes reclassified to a Primary Dwelling Unit as a result of an SB 9 Unit Development shall have separate utility connections and meters. S. Separate Conveyance.SB 9 Units shall be designed for separate conveyance, as defined in this Chapter, in accordance with applicable building and fire code requirements. T. Stairs.Notwithstanding provisions in Chapter 8.36, stairs leading to an upper story shall be fully enclosed within the interior of a unit. A staircase on the exterior of a unit shall not be permitted. U. Street Frontage. 1. Interior Lots.The front-entry of at least one unit shall be oriented to the street. 2. Corner Lots.The front-entry of each unit shall be oriented to face a street, and the front-entry of each unit shall not face the same street. 3. Connectivity.Street-facing entries shall be clearly identifiable and connected to the street by a pedestrian path with a minimum width of five feet. 4. Porch/Stoop.Street-facing entries shall provide either a porch or stoop that is a minimum of seven feet wide and five feet deep. Unroofed porches or stoops, with three open sides and not greater than six feet above the ground level, may not project more than three feet in the front yard setback and may not project more than two feet into the side yard setback. 8.81.080 Permitting Procedure. In addition to the standard submittal requirements for a Building Permit, a SB 9 Unit Development shall comply with this Chapter and shall be subject to a ministerial Zoning Clearance to be reviewed and approved by the Community Development Director, without public hearings or discretionary review, in accordance with Chapter 8.116. 8.81.090 Action. A. In any case, and notwithstanding the requirements of this Title, an application for an SB 9 Unit Development shall be ministerially reviewed and approved in accordance with this Chapter, and shall not be subject to any hearings or discretionary review. B. Notwithstanding subsection A above, an application for an SB 9 Unit Development may be denied if the Chief Building Official, upon making written findings to the Community Development Director based on the preponderance of the evidence, 24 Page 10 of 14 finds the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. CHAPTER 8.104 SITE DEVELOPMENT REVIEW 8.104.020 Exemptions from Site Development Review. K. SB 9 Unit Developments.Projects that are eligible for ministerial approval pursuant to the provisions of Chapter 8.81, SB 9 Unit Developments. CHAPTER 8.116 ZONING CLEARANCE 8.116.020 Applications Requiring a Zoning Clearance. K. SB 9 Unit Developments.Projects that are requesting approval of an SB 9 Unit Development that meet the standards specified in Chapter 8.81. 8.116.030 Application. K. SB 9 Unit Developments.If the Zoning Clearance is for an SB 9 Unit Development, the Applicant shall submit a “Zoning Clearance for SB 9 Unit Development” application form provided by the Community Development Department with such information requested on said form. 8.116.040 Approval. K. SB 9 Unit Developments.SB 9 Unit Developments shall be reviewed for consistency with Chapter 8.81, Government Code Sections 65852.21, and all other applicable objective standards in the Dublin Municipal Code. The Zoning Clearance approval for an SB 9 Unit Development shall be a completed “Zoning Clearance for SB 9 Unit Development” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee. 8.116.050 Expiration of Zoning Clearance. K. SB 9 Unit Developments.A Zoning Clearance issued in conjunction with a Building Permit for an SB 9 Unit Development shall expire when the Building Permit expires. If a Building Permit Application for an SB 9 Unit Development is 25 Page 11 of 14 not filed within a year of the Zoning Clearance approval, the Zoning Clearance shall become null and void. CHAPTER 9.04 GENERAL PROVISIONS 9.04.090 Definitions. “Flag Lot” means a lot as defined in Chapter 8.08. “Primary Dwelling Unit” means a unit as defined in Chapter 8.81. “SB 9 Unit” means a unit as defined in Chapter 8.81. “Unit” means an Accessory Dwelling Unit, a Junior Accessory Dwelling unit, a Primary dwelling Unit, and an SB 9 Unit. “Urban Lot Split” means a subdivision of an existing single-family residential zoned parcel into two parcels using the provisions in Chapter 9.54 and the provisions identified in California Government Code Section 66411.7. CHAPTER 9.08 TENTATIVE TRACT AND TENTATIVE PARCEL MAPS 9.08.015 Exemptions. A tentative map is not required for an Urban Lot Split proposed under the provisions of Government Code Section 66411.7. CHAPTER 9.54 URBAN LOT SPLITS 9.54.010 Authority and purpose. The purpose of this chapter is to implement Government Code Section 66411.7 by: A. Establishing objective standards and regulations to govern the review and approval of Urban Lot Splits, which are qualified Senate Bill 9 properties in single- family residential zones; B. Establishing a ministerial process to approve an Urban Lot Split in accordance with Government Code Section 66411.7; C. Promoting the development of small ownership or rental housing units designed to meet the housing needs of individuals and families, particularly those of low and moderate incomes; and D. Ensuring sound standards of public health and safety. 26 Page 12 of 14 9.54.020 Applicability. The provisions of this Chapter shall apply within the R-1 (Single-Family Residential) zoning district or any Planned Development District where Single-Family Residential uses are allowed. This Chapter shall not apply in the following situations: A. Projects located on lots that are included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. B. Projects located on any site described in Government Code Section 65913.4(a)(6)(B)-(K), as may be amended. C. Projects involving the demolition or alteration of any of the following: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. 3. Housing that has been occupied by a rental tenant at any time within the last three years. D. Projects located on lots which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within the last 15 years. E. Any parcel previously subdivided through prior exercise of an Urban Lot Split as provided for under this Chapter. F. Any parcel proposing to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided that adjacent parcel using the provisions in this Chapter. For the purposes of this section, “any person acting in concert” with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner. 9.54.030 Application. A parcel map application shall be required for all proposed Urban Lot Splits. 9.54.040 Form. The form of the parcel map associated with an Urban Lot Split shall conform to the requirements of the Subdivision Map Act and Chapter 9.24 of this Title. 9.54.050 Filing and processing. A. The parcel map shall be filed with the City Engineer for his or her examination for conformance to this Title 9 and the Subdivision Map Act. 27 Page 13 of 14 B. Notwithstanding any other requirement under this Title 9, the City shall ministerially review and approve applications for an Urban Lot Split, without public hearings or discretionary review, subject only to the requirements of this Chapter. 9.54.060 Standards. A. An Urban Lot Split shall result in no more than two parcels. B. Parcels shall not be smaller than 40 percent of the lot area of the original parcel. C. Each parcel shall have a minimum net area of 1,200 square feet. D. The side property line of all lots, so far as possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if such street is curved. Side property lines of lots shall be approximately radial to the center of curvature of a cul-de-sac on which the lot faces. E. Parcels shall have a minimum width of 30 feet. F. Parcels shall have a minimum depth of 40 feet. G. Flag Lots. 1. A flag lot shall be allowed with an Urban Lot Split in a situation where a conventional lot would not allow for a second lot of at least 1,200 square feet. 2. The portion of the flag lot constituting the access corridor shall be excluded when determining compliance with minimum lot size requirement of this Chapter, from the site area, lot coverage, lot width, and lot depth as defined in Chapter 8.08. 3. The maximum width of the access corridor of the flag lot shall be 20 feet, except where greater width is required for fire department access. 4. Any fence constructed between the access corridor of a flag lot and the adjacent parcel shall not exceed 48 inches within the front yard of the adjacent property. H. Each parcel shall provide for direct vehicular access to and have a minimum frontage of 30 feet on the public right-of-way, except for flag lots, where the frontage shall be the width needed to meet access standards as specified in this Chapter. I. Public utility, service and/or access easements shall be provided within the subdivision where required for public utility purposes, in accordance with Title 9. J. Notwithstanding the requirements of this Chapter or the Zoning Ordinance, dedications of rights-of-way or the construction of offsite improvements for the parcels being created shall not be required. K.Improvements Required.The following improvements shall be required of all Urban Lot Splits. The design and layout of such improvements shall conform to the generally acceptable engineering standards and to such objective standards as approved by the City Engineer that are in effect at the time of the parcel map application submittal. 1.Sanitary Sewers.Each unit or lot within the Urban Lot Split shall be served by a community sewer collection system as required, unless an individual system is permitted. 2.Water Supply. Each unit or lot within the Urban Lot Split shall be served by an approved domestic water system. 28 Page 14 of 14 3.Utilities.Each unit or lot within the Urban Lot Split shall be served by gas (if required), electric, telephone, and cable television facilities. All new utilities within the Urban Lot Split shall be placed underground except those facilities exempted by the Public Utilities Commission Regulations and as otherwise provided in this Title. 4.Storm Drainage.Storm water runoff from the Urban Lot Split shall be collected and conveyed by an approved storm drain system consistent with City standards. L. Prior to the recordation of the parcel map, the applicant shall sign an affidavit, on a form approved by the City, stating that the applicant intends to occupy the Primary Dwelling Unit or an SB 9 Unit as their principal residence for a minimum of three years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the California Revenue and Taxation Code. M. The parcel map created pursuant to an Urban Lot Split shall contain a note on the map, and respective deed restrictions shall be recorded with the Alameda County Recorder’s Office, indicating that parcels resulting from the Urban Lot Split were created using the provision of this Chapter and Government Code Section 66411.7, and that no further subdivision of the parcels is permitted. N. The proposed Urban Lot Split shall comply with all other applicable objective requirements of the Subdivision Ordinance and the Subdivision Map Act (Government Code Section 66410 et seq.) except as otherwise provided for in this Chapter. In the event of a conflict between the requirements of this Chapter and the requirements contained elsewhere in this Municipal Code, the provisions of this Chapter shall apply to the review and approval of Urban Lot Splits created hereunder. 9.54.070 Affordability requirement. At minimum of one unit on the lots created by an Urban Lot Split shall be deed restricted as affordable to moderate income households based on the most recent Alameda County Area Median Income (AMI) levels. Any permitted Accessory Dwelling Units or Junior Accessory Dwelling Units shall not be used to satisfy this requirement. Affordable units created by this Chapter are subject to the following subsections of the Inclusionary Zoning Regulations (Chapter 8.68): Definitions (8.68.020), General Procedures for Implementing Inclusionary Zoning Requirements (8.68.050), and Enforcement (8.68.100). Prior to recordation of a parcel map for an Urban Lot Split, a deed restriction stipulating this requirement to the satisfaction of the City, shall be recorded with the Alameda County Recorder’s Office. 9.54.080 Action. Final action of a parcel map for an Urban Lot Split shall be in accordance with Chapter 9.24. 29 Attachment 2 RESOLUTION NO. 22-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN MUNICIPAL CODE TITLES 8 (ZONING) AND 9 (SUBDIVISIONS) TO IMPLEMENT SENATE BILL 9 EFFECTIVE CITYWIDE PLPA-2021-00050 WHEREAS,the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS,on September 16, 2021, Governor Newson signed into law Senate Bill (SB) 9, which among other things, added Government Code Sections 65852.21 and 66411.7 and amended Government Code Section 66452.6, allowing additional housing units on properties within single-family residential zoning districts; and WHEREAS, SB 9 went into effect January 1, 2022, and preempts any conflicting City ordinance; and WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides ministerial approval of: 1) no more than two housing units on a lot within a single-family residential zoning district; and 2) urban lot splits; and WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and subdivision standards for up to two housing units and urban lot splits; and WHEREAS,the proposed amendments to the Dublin Municipal Code implement the requirements of SB 9 and add local regulations that are within the scope of the State law; and WHEREAS,the California Environmental Quality Act (CEQA), together with the 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,Staff recommends that the proposed amendments be found exempt from the CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), which state that the adoption of an ordinance to implement SB 9 is not a project under Division 13 (commencing with Section 21000) of the Public Resources Code; and WHEREAS,the Planning Commission held a duly noticed public hearing on February 22, 2022, during which all interested persons were heard. 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 find the ordinance exempt from CEQA pursuant to Government 30 Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 Code Sections 65852.21(j) and 66411.7(n) and adopt the Ordinance, approving amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions), attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 22nd day of February 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 31 Attachment 3 Exhibit A to Attachment 2 ORDINANCE NO. XX-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE TITLES 8 (ZONING) AND 9 (SUBDIVISIONS) TO IMPLEMENT SENATE BILL 9 EFFECTIVE CITYWIDE PLPA-2021-00050 WHEREAS,the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS,on September 16, 2021, Governor Newson signed into law Senate Bill (SB) 9, which among other things, added Government Code Sections 65852.21 and 66411.7 and amended Government Code Section 66452.6, allowing additional housing units on properties within single-family residential zoning districts; and WHEREAS, SB 9 went into effect January 1, 2022, and preempts any conflicting City ordinance; and WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides ministerial approval of: 1) no more than two housing units on a lot within a single-family residential zoning district; and 2) urban lot splits; and WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and subdivision standards for qualifying housing units and urban lot splits under SB 9; and WHEREAS,the proposed amendments to the Dublin Municipal Code implement the requirements of SB 9 and add local regulations that are within the scope of the State law; and WHEREAS,the Planning Commission held a duly noticed public hearing on February 22, 2022, during which all interested persons were heard, and adopted Resolution No. 22-XXrecommending City Council adoption of the proposed Amendments to Dublin Municipal Code Titles 8 and 9; and WHEREAS,a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Amendments to Dublin Municipal Code Titles 8 and 9; and WHEREAS,the City Council held a public hearing on the proposed Zoning Ordinance Amendments on ___________________, at which time all interested parties had the opportunity to be heard; and 32 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 18 WHEREAS,proper notice of said hearing was given in all respects as required by law; and WHEREAS,the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1.Consistency with Local Plans. 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 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. Specifically, amendments to the Zoning Ordinance are proposed to ensure consistency with State law and implementation of SB 9. Section 2.CEQA. 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. The City Council hereby finds the proposed code amendments are exempt from the CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. Section 3.Amendments. Thirty days following the adoption of the Ordinance, the Dublin Municipal Code is amended as follows: Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is amended to add the following definitions in alphabetical order: SB 9 Unit.The term SB 9 Unit shall mean a dwelling unit that is developed using the provisions in Chapter 8.81, and the provisions identified in California Government Code Sections 65852.21 or 66411.7. SB 9 Unit Development.The term SB 9 Unit Development shall mean a housing development as defined in California Government Code Section 65852.21. Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code is amended to add the following row to the existing Residential Use Type table: 33 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 18 RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 SB 9 Unit Developments -ZC --------- Section 8.20.030 (Permitted and Conditionally Permitted Land Uses, Regulations, and Performance Standards) of Title 8 of the Dublin Municipal Code is amended to add the following subsection: K.SB 9 Unit Developments.For SB 9 Unit Developments, see Chapter 8.81. The remainder of Section 8.20.030 to be re-lettered accordingly. Subsection A of Section 8.36.020 (Agricultural and Residential Development Regulations) of Title 8 of the Dublin Municipal Code is amended to revise the tables as follows and to add additional footnotes: STANDARD A R-1 R-2 R-M LOT AREA Interior lot 100 acres 4,000 sq. ft. (5)8,000 sq. ft.5,000 sq. ft. Corner lot 100 acres 5,000 sq. ft. (5)9,000 sq. ft.6,000 sq. ft. LOT SQUARE FOOTAGE PER DU NA 4,000 sq. ft. and larger as consistent with General Plan (5) 4,000 sq. ft. and larger as consistent with General Plan 750 sq. ft. and larger as consistent with General Plan LOT WIDTH & FRONTAGE Interior lot 300 feet 50 feet (5)80 feet 50 feet Corner lot 300 feet 60 feet (5)90 feet 60 feet LOT DEPTH NA 100 feet (5)100 feet 100 feet RESIDENTIAL USE (maximum per lot) 1 du (4)1 du (4)(5)2 du (4)1 du per full 750 sq. ft. (and larger as consistent with General Plan) (4) SETBACKS Front 50 feet 20 ft. avg. 18 ft minimum to garage (1) 20 ft. avg. 18 ft. minimum 20 ft. Side 30 feet (2)(5)10 feet 10 feet (3) Street Side 50 feet 10 feet 10 feet 10 feet 34 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 18 STANDARD A R-1 R-2 R-M Rear 50 feet 20 feet (5)20 feet 30 feet (1)Living spaces may encroach to 15 ft. from Front Lot Line with Site Development Review on lots up to 6,000 square feet in size. (2)Side Yard setbacks in the R-1 zoning district shall be a minimum of 5 feet plus one foot for each full 10 feet by which lot width exceeds minimum lot width up to a maximum of 10 feet. (3)Buildings with 4 or more residences in the R-M zoning district shall have a 15 foot Side Yard on one side. (4)See Chapter 8.80, Accessory Dwelling Unit Regulations, regarding the allowable number of ADUs. (5) See Chapter 8.81, SB 9 Unit Developments, regarding the standards for qualified SB 9 Unit Developments. STANDARD A R-1 R-2 R-M DISTANCE BETWEEN RESIDENCES 100 feet 10 feet (4)20 feet 20 feet MAXIMUM LOT COVERAGE NA 40% 1 story, 35% 2 stories (4) 40% 1 story, 35% 2 stories 40% 1 story, 35% 2 stories COMMON USEABLE OUTDOOR SPACE NA NA NA 30% of net site area ACCESSORY STORAGE - MULTIFAMILY (1) NA NA 200 cubic feet minimum per unit 200 cubic feet minimum per unit HEIGHT LIMITS (2)(2)(2)(3) (1)Multifamily accessory storage shall be provided for each unit in a multifamily project that has a private, enclosed garage attached or assigned to the unit. In addition to the R-2 and R-M Zoning Districts, multifamily accessory storage shall also be provided in comparable PD (Planned Development) Zoning Districts and the Downtown Dublin Zoning District. See also Chapter 8.08 (Definitions). (2)West of Dougherty Road 25 feet and 2 stories; may be increased to 35 feet and 2 stories pursuant to a Site Development Review approval by the Zoning Administrator. East of Dougherty Road; 35 feet and 2 stories. (3)35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more du. and lot coverage does not exceed 35%. (4) See Chapter 8.81, SB 9 Unit Developments, regarding the standards for qualified SB 9 Unit Developments. Subsection B (Residential Use Types) of Section 8.76.080 (Parking Requirements by Use Type) of Title 8 of the Dublin Municipal Code is amended to add the following use 35 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 18 type and number of parking spaces required to the existing table as follows, with residential use types listed alphabetically: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED SB 9 Unit Developments See Section 8.81.080 relating to SB 9 Unit parking. Title 8 of the Dublin Municipal Code is amended to add Chapter 8.81 (SB 9 Unit Developments) as follows: 8.81.010 Purpose. The purpose of this Chapter is to implement Government Code Section 65852.21 by: A.Establishing objective standards for qualified SB 9 Unit Developments; B.Regulating the development of new residential housing units in a manner that is compatible with existing single-family residential uses; and C.Ensuring sound standards of public health and safety. 8.81.020 Definitions. For the purposes of this Chapter, the following definitions apply: A. Primary Dwelling Unit.The term Primary Dwelling Unit shall mean an existing single-family residence on a parcel constructed prior to the approval of an SB 9 Unit. B. Sufficient for Separate Conveyance.The term Sufficient for Separate Conveyance shall mean that an SB 9 Unit Development is constructed in a manner adequate to allow for the transfer of title, ownership, rights, and interests in the property, from one entity to another. 8.81.030 Applicability. The provisions of this Chapter are applicable to SB 9 Unit Developments on lots within the R-1 (Single-Family Residential) zoning district or any Planned Development District where Single-Family Residential uses are allowed. This Chapter shall not apply in the following situations: A.Projects located on lots that are included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. B.Projects located on any site described in Government Code Section 65913.4(a)(6)(B)-(K), as may be amended. 36 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 6 of 18 C.Projects involving the demolition or alteration of any of the following: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. 3. Housing that has been occupied by a rental tenant at any time within the last three years. D.Projects located on lots which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within the last 15 years. E.Projects involving the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a rental tenant within any time in the last three years. 8.81.040 Maximum Number of Units. A. Urban Lot Split.For SB 9 Units on parcels where an Urban Lot Split is proposed or approved, under the provisions specified in Chapter 9.54 and Government Code Section 66411.17, the following shall apply: 1.Vacant Lot.A maximum of two SB 9 Units on a vacant lot created by an Urban Lot Split. No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted. 2.Developed Lot.If there is an existing Primary Dwelling Unit on a lot created by an Urban Lot Split, a maximum of one of the following units may be added to that lot: an SB 9 Unit, an Accessory Dwelling Unit, or a Junior Accessory Dwelling Unit. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted in accordance with Chapter 8.80, except that no Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted with the development of a SB 9 Unit on the same lot. No more than two units of any kind may be constructed or maintained on a lot created by an Urban Lot Split. If there are two existing units of any kind on a lot created by an Urban Lot Split, no additional units of any kind shall be permitted on that lot. B. All Other Lots.For parcels where an Urban Lot Split is not proposed or approved, the following shall apply: 1.Vacant Lot.A maximum of two SB 9 Units are allowed per lot. 37 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 7 of 18 2.Developed Lot.If there is an existing Primary Dwelling Unit on a lot, a maximum of one SB 9 Unit is allowed per lot. 3.Accessory Dwelling Units and Junior Accessory Dwelling Units. Accessory Dwelling Units and Junior Accessory Dwelling Units shall be permitted in accordance with Chapter 8.80, provided that there are no more than four units in total. 8.81.050 Intent to Occupy. The applicant for an SB 9 Unit shall sign an affidavit, on a form approved by the City, stating that the applicant intends to occupy the Primary Dwelling Unit or an SB 9 Unit as their principal residence for a minimum of three years from the issuance of a Certificate of Occupancy for the SB 9 Unit. 8.81.060 Affordability Requirement. A minimum of one unit in an SB 9 Unit Development shall be deed restricted as affordable to moderate income households based on the most recent Alameda County Area Median Income (AMI) levels. Any permitted Accessory Dwelling Units or Junior Accessory Dwelling Units shall not be used to satisfy this requirement. Affordable units created by this Chapter are subject to the following subsections of the Inclusionary Zoning Regulations (Chapter 8.68): Definitions (8.68.020), General Procedures for Implementing Inclusionary Zoning Requirements (8.68.050), and Enforcement (8.68.100). This requirement shall be considered satisfied if previously addressed through a related Urban Lot Split in accordance with affordability requirements of Dublin Municipal Code Chapter 9.54. 8.81.070 Standards. A. General. 1.By Right Provision.The objective standards set forth in this section shall not physically preclude a maximum of two units, comprised of any combination of SB 9 Units and Primary Dwelling Unit, per parcel and shall not physically preclude each of those units from being at least 800 square feet in area. If the objective standards would physically preclude two 800 square foot units, the City will provide relief from one or more of the objective standards set forth in this section to accommodate two 800 square foot units. The City shall determine the extent of relief necessary. 2.Zoning.Except as modified by this Chapter, SB 9 Units shall comply with all objective standards of the Dublin Municipal Code including the requirements for the applicable zoning district where the property is located, provided that such regulations do not conflict with standards set forth by Government Code Sections 65852.21. 38 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 8 of 18 B. Balconies/Decks.Balconies and decks shall not be located on an elevation directly facing a side lot line. Allowed balconies shall be located a minimum of 10 feet the rear property lines. Rooftop terraces/rooftop decks are not permitted. C. Building Facades and Materials. 1.Street-Facing Elevations. a.Shall provide volumetric elements with a minimum projection of two feet beyond the plane of the façade with use of window bays, building recesses, or porches with columns. b.Shall be designed with a minimum four-foot landscaping zone adjacent to their foundation or porch face. 2. A minimum of three exterior building colors shall be used on the front facades. 3. Attached units shall provide a minimum two-foot offset at the shared wall. 4. Transitions for both material and color shall be located at interior corners. 5. Facades that use stucco as the primary material shall be combined with a secondary wall material. 6. T-111 and similar plywood siding, corrugated and standing seam metal, vinyl and plastic siding, and foam and stucco trim façade materials shall be prohibited. 7. Fire-resistant alternatives such as, fiber cement siding, is permitted as a substitution for traditional materials such as wood shake, horizontal siding, or board and batten paneling. D. Building Height. 1.Within Setbacks.The maximum height of an SB 9 Unit, or any portion thereof, located within the setbacks established for the zoning district where the lot is located shall not exceed 16 feet. 2.Outside of Setbacks.The maximum height of an SB 9 Unit located outside of the setbacks established for the zoning district where the lot is located shall conform to the height requirements of the zoning district. E. Building Separation. 1.Single-Story Structures.A minimum separation of 15 feet shall be provided between the upper story and a single-story structure on an adjacent property. 39 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 9 of 18 2.Multi-Story Structures. A minimum separation of 20 feet shall be provided between the upper story and a multi-story structure on an adjacent property. F. Building Setbacks. 1.Existing Structures.No setback shall be required for an existing legal structure or a structure constructed in the same location and to the same dimensions as an existing legal structure. 2.Front Yard.The minimum front yard setback shall conform to the requirements of the zoning district where the lot is located. 3.Street Side Yard.The minimum street side yard setback shall be 10 feet. 4.Interior Side and Rear Yard.The minimum interior side and rear yard setback shall be four feet. G. Fenestration.Windows and glazing areas shall comply with the following: 1. Tinted windows and colored glazing are prohibited. 2. Plastic glazing shall be prohibited for windows and skylights. 3. Functional and decorative shutters shall maintain the same dimensions as the associated glazing. Functional and decorative shutters shall be half the width of the associated window glazing (for paired shutters), or matching width for a single shutter. 4. Window materials, color, and style shall be consistent on all elevations. 5. Window trim, sills, and shutters shall be differentiated with accent materials or colors that vary from the adjacent building wall surfaces. 6. Windows shall be recessed at least two inches from surrounding exterior wall to the window glass surface or windows shall provide built-up sills and trim, at a minimum one-half inch thick, to create surface relief and texture. 7. Simulated mullions shall be allowed only when mullions are located on both the inside and outside faces of the glazing. H. Floor Area.The floor area of the upper stories shall be limited to 40 percent of the floor area of the first floor. I. Garages. 1. Front or side-entry attached garages are permitted and shall meet the dimensional requirements specified in Chapter 8.76. 40 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 10 of 18 2. An attached, front-entry garage shall be set back at least four feet behind the front plane of the structure to which it is attached. 3. Garage doors located in stucco walls shall be recessed a minimum of three inches from the surrounding building wall. 4. Garage doors located in masonry, wood clad, or similar siding, shall provide surrounding trim with a minimum width of three inches. J. Impervious Area.Front and side yard setbacks shall be limited to a total of 40 percent impervious coverage. K. Lighting. The following information for proposed exterior lighting fixtures shall be provided: 1. Manufacturer cut sheets with Backlight/Uplight/Glare (B.U.G.) rating. 2. Lighting locations indicated on building and/or site plans. 3. Mounting heights. 4. Exterior light fixtures shall be shielded from view off the site. L. Lot Coverage.The Lot Coverage for any combination of SB 9 Units and Primary Dwelling Unit shall be cumulatively limited to the maximum lot coverage allowed by the residential zoning district where the lot is located, except as required to meet the By Right Provisions of this Chapter. M. Mechanical Equipment.Mechanical and utility equipment shall be concealed from view from the public right-of-way. With the objective of fully screening the equipment, ground-mounted equipment shall be screened by a combination of walls or fencing and landscaped plant material up to a maximum height of four feet. N. Parking. Parking shall conform to the Off-Street Parking and Loading Regulations (Chapter 8.76) except as modified by this Chapter. 1. A minimum of one off-street parking space shall be provided per unit, except if the parcel is located within: a.One-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155 or a major transit stop, as defined in the Public Resource Code Section 21064.3. The transit frequency shall be based on the schedule posted by the transit agency when the City issues the first “completeness” letter for the respective application for a SB 9 Unit Development; or 41 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 11 of 18 b.One block of a car share vehicle. 2. Parking spaces shall not be located within the minimum side and rear yard setbacks. Parking spaces within an enclosed structure are encouraged. O. Refuse Containers.Refuse containers or areas shall not be located within private driveways or be visible from the public right-of-way. P. Rental Restrictions.Rental of any SB 9 Units or Primary Dwelling Unit shall not be less than for 30 consecutive days. Prior to the construction of an SB 9 Unit, a deed restriction, in a form approved by the City Attorney, shall be recorded setting forth setting for this limitation, and that the deed restriction may be enforced against future purchasers. Q. Roof. 1. Roofs that result from alteration or addition to an existing main structure shall match the existing slope, form, and materials of the main structure. 2. Roof material and color shall be consistent throughout the entirety of the roof within each new or modified building. Except where its use is documented on existing adjacent structures, non-dimensional three-tab asphalt shingles, wood shake roofing, and corrugated metal, metal roll and standing seam, and plastic roofing materials shall be prohibited. 3. Fire-resistant alternatives such as, cement S-tile roofing, is permitted as a substitution for traditional materials such as clay tile 4. New structures shall provide a roof that has a minimum slope of 3:12. A sloped roof shall be defined as a gable, hip, cross gable roof, or any combination thereof. Mansard roofs shall be prohibited. 5. A minimum of 25 percent of the roof area shall be articulated with any combination of hip, gable, or shed dormers. 6. Roofs shall have a minimum overhang of 12 inches. 7. The roof styles and materials of detached garages and carports shall match the materials and detailing of main and accessory structures. R. Separate Connections. 1. All attached or detached SB 9 Units shall have separate utility connections and meters. 42 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 12 of 18 2. Any attached or detached Accessory Dwelling Unit that becomes reclassified to a Primary Dwelling Unit as a result of an SB 9 Unit Development shall have separate utility connections and meters. S. Separate Conveyance.SB 9 Units shall be designed for separate conveyance, as defined in this Chapter, in accordance with applicable building and fire code requirements. T. Stairs.Notwithstanding provisions in Chapter 8.36, stairs leading to an upper story shall be fully enclosed within the interior of a unit. A staircase on the exterior of a unit shall not be permitted. U. Street Frontage. 1.Interior Lots.The front-entry of at least one unit shall be oriented to the street. 2.Corner Lots. The front-entry of each unit shall be oriented to face a street, and the front-entry of each unit shall not face the same street. 3.Connectivity.Street-facing entries shall be clearly identifiable and connected to the street by a pedestrian path with a minimum width of five feet. 4.Porch/Stoop.Street-facing entries shall provide either a porch or stoop that is a minimum of seven feet wide and five feet deep. Unroofed porches or stoops, with three open sides and not greater than six feet above the ground level, may not project more than three feet in the front yard setback and may not project more than two feet into the side yard setback. 8.81.080 Permitting Procedure. In addition to the standard submittal requirements for a Building Permit, a SB 9 Unit Development shall comply with this Chapter and shall be subject to a ministerial Zoning Clearance to be reviewed and approved by the Community Development Director, without public hearings or discretionary review, in accordance with Chapter 8.116. 8.81.090 Action. A.In any case, and notwithstanding the requirements of this Title, an application for an SB 9 Unit Development shall be ministerially reviewed and approved in accordance with this Chapter, and shall not be subject to any hearings or discretionary review. B.Notwithstanding subsection A above, an application for an SB 9 Unit Development may be denied if the Chief Building Official, upon making written findings to the Community Development Director based on the preponderance of the evidence, finds the project would have a specific, adverse impact, as defined and determined 43 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 13 of 18 in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Section 8.104.020 (Exemptions from Site Development Review) of Title 8 of the Dublin Municipal Code is amended to add the following subsection: K.SB 9 Unit Developments. Projects that are eligible for ministerial approval pursuant to the provisions of Chapter 8.81, SB 9 Unit Developments. Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to add the following subsection: K.SB 9 Unit Developments.Projects that are requesting approval of an SB 9 Unit Development that meet the standards specified in Chapter 8.81. Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code is amended to add the following subsection: K.SB 9 Unit Developments.If the Zoning Clearance is for an SB 9 Unit Development, the Applicant shall submit a “Zoning Clearance for SB 9 Unit Development” application form provided by the Community Development Department with such information requested on said form. Section 8.116.040 (Approval) of Title 8 of the Dublin Municipal Code is amended to add the following subsection: K.SB 9 Unit Developments.SB 9 Unit Developments shall be reviewed for consistency with Chapter 8.81, Government Code Sections 65852.21, and all other applicable objective standards in the Dublin Municipal Code. The Zoning Clearance approval for an SB 9 Unit Development shall be a completed “Zoning Clearance for SB 9 Unit Development” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee. Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to add the following subsection: K.SB 9 Unit Developments.A Zoning Clearance issued in conjunction with a Building Permit for an SB 9 Unit Development shall expire when the Building Permit expires. If a Building Permit application for an SB 9 Unit Development is not filed within a year of the Zoning Clearance approval, the Zoning Clearance shall become null and void. Section 9.04.090 (Definitions) of Title 9 of the Dublin Municipal Code is amended to add the following definitions in alphabetical order: “Flag Lot” means a lot as defined in Chapter 8.08. 44 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 14 of 18 “Primary Dwelling Unit” means a unit as defined in Chapter 8.81. “SB 9 Unit” means a unit as defined in Chapter 8.81. “Unit” means an Accessory Dwelling Unit, a Junior Accessory Dwelling unit, a Primary dwelling Unit, and an SB 9 Unit. “Urban Lot Split” means a subdivision of an existing single-family residential zoned parcel into two parcels using the provisions in Chapter 9.54 and the provisions identified in California Government Code Section 66411.7. Chapter 9.08 (Tentative Tract and Tentative Parcel Maps) of Title 9 of the Dublin Municipal Code is amended to add the following Section: 9.08.015 Exemptions. A tentative map is not required for an Urban Lot Split proposed under the provisions of Government Code Section 66411.7. Title 9 of the Dublin Municipal Code is amended to add Chapter 9.54 (Urban Lot Splits) as follows: 9.54.010 Authority and purpose. The purpose of this chapter is to implement Government Code Section 66411.7 by: A.Establishing objective standards and regulations to govern the review and approval of Urban Lot Splits, which are qualified Senate Bill 9 properties in single- family residential zones; B.Establishing a ministerial process to approve an Urban Lot Split in accordance with Government Code Section 66411.7; C.Promoting the development of small ownership or rental housing units designed to meet the housing needs of individuals and families, particularly those of low and moderate incomes; and D.Ensuring sound standards of public health and safety. 9.54.020 Applicability. The provisions of this Chapter shall apply within the R-1 (Single-Family Residential) zoning district or any Planned Development District where Single-Family Residential uses are allowed. This Chapter shall not apply in the following situations: A.Projects located on lots that are included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site 45 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 15 of 18 that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. B.Projects located on any site described in Government Code Section 65913.4(a)(6)(B)-(K), as may be amended. C.Projects involving the demolition or alteration of any of the following: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. 3. Housing that has been occupied by a rental tenant at any time within the last three years. D.Projects located on lots which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within the last 15 years. E.Any parcel previously subdivided through prior exercise of an Urban Lot Split as provided for under this Chapter. F.Any parcel proposing to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided that adjacent parcel using the provisions in this Chapter. For the purposes of this section, “any person acting in concert” with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner. 9.54.030 Application. A parcel map application shall be required for all proposed Urban Lot Splits. 9.54.040 Form. The form of the parcel map associated with an Urban Lot Split shall conform to the requirements of the Subdivision Map Act and Chapter 9.24 of this Title. 9.54.050 Filing and processing. A.The parcel map shall be filed with the City Engineer for his or her examination for conformance to this Title 9 and the Subdivision Map Act. 46 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 16 of 18 B.Notwithstanding any other requirement under this Title 9, the City shall ministerially review and approve applications for an Urban Lot Split, without public hearings or discretionary review, subject only to the requirements of this Chapter. 9.54.060 Standards. A.An Urban Lot Split shall result in no more than two parcels. B.Parcels shall not be smaller than 40 percent of the lot area of the original parcel. C.Each parcel shall have a minimum net area of 1,200 square feet. D.The side property line of all lots, so far as possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if such street is curved. Side property lines of lots shall be approximately radial to the center of curvature of a cul-de-sac on which the lot faces. E.Parcels shall have a minimum width of 30 feet. F.Parcels shall have a minimum depth of 40 feet. G. Flag Lots. 1. A flag lot shall be allowed with an Urban Lot Split in a situation where a conventional lot would not allow for a second lot of at least 1,200 square feet. 2. The portion of the flag lot constituting the access corridor shall be excluded when determining compliance with minimum lot size requirement of this Chapter, from the site area, lot coverage, lot width, and lot depth as defined in Chapter 8.08. 3. The maximum width of the access corridor of the flag lot shall be 20 feet, except where greater width is required for fire department access. 4. Any fence constructed between the access corridor of a flag lot and the adjacent parcel shall not exceed 48 inches within the front yard of the adjacent property. H.Each parcel shall provide for direct vehicular access to and have a minimum frontage of 30 feet on the public right-of-way, except for flag lots, where the frontage shall be the width needed to meet access standards as specified in this Chapter. I.Public utility, service and/or access easements shall be provided within the subdivision where required for public utility purposes, in accordance with Title 9. 47 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 17 of 18 J.Notwithstanding the requirements of this Chapter or the Zoning Ordinance, dedications of rights-of-way or the construction of offsite improvements for the parcels being created shall not be required. K. Improvements Required.The following improvements shall be required of all Urban Lot Splits. The design and layout of such improvements shall conform to the generally acceptable engineering standards and to such objective standards as approved by the City Engineer that are in effect at the time of the parcel map application submittal. 1.Sanitary Sewers.Each unit or lot within the Urban Lot Split shall be served by a community sewer collection system as required, unless an individual system is permitted. 2.Water Supply. Each unit or lot within the Urban Lot Split shall be served by an approved domestic water system. 3.Utilities.Each unit or lot within the Urban Lot Split shall be served by gas (if required), electric, telephone, and cable television facilities. All new utilities within the Urban Lot Split shall be placed underground except those facilities exempted by the Public Utilities Commission Regulations and as otherwise provided in this Title. 4.Storm Drainage.Storm water runoff from the Urban Lot Split shall be collected and conveyed by an approved storm drain system consistent with City standards. L.Prior to the recordation of the parcel map, the applicant shall sign an affidavit, on a form approved by the City, stating that the applicant intends to occupy the Primary Dwelling Unit or an SB 9 Unit as their principal residence for a minimum of three years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the California Revenue and Taxation Code. M.The parcel map created pursuant to an Urban Lot Split shall contain a note on the map, and respective deed restrictions shall be recorded with the Alameda County Recorder’s Office, indicating that parcels resulting from the Urban Lot Split were created using the provision of this Chapter and Government Code Section 66411.7, and that no further subdivision of the parcels is permitted. N.The proposed Urban Lot Split shall comply with all other applicable objective requirements of the Subdivision Ordinance and the Subdivision Map Act (Government Code Section 66410 et seq.) except as otherwise provided for in this Chapter. In the event of a conflict between the requirements of this Chapter and the requirements contained elsewhere in this Municipal Code, the provisions of this Chapter shall apply to the review and approval of Urban Lot Splits created hereunder. 48 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 18 of 18 9.54.070 Affordability requirement. At minimum of one unit on the lots created by an Urban Lot Split shall be deed restricted as affordable to moderate income households based on the most recent Alameda County Area Median Income (AMI) levels. Any permitted Accessory Dwelling Units or Junior Accessory Dwelling Units shall not be used to satisfy this requirement. Affordable units created by this Chapter are subject to the following subsections of the Inclusionary Zoning Regulations (Chapter 8.68): Definitions (8.68.020), General Procedures for Implementing Inclusionary Zoning Requirements (8.68.050), and Enforcement (8.68.100). Prior to recordation of a parcel map for an Urban Lot Split, a deed restriction stipulating this requirement to the satisfaction of the City, shall be recorded with the Alameda County Recorder’s Office. 9.54.080 Action. Final action of a parcel map for an Urban Lot Split shall be in accordance with Chapter 9.24. Section 4.Effective Date.This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 5.Posting.The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this ___th day of _________ 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 49