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HomeMy WebLinkAboutOrd 01-25 Approving Amendments to the Dublin Municipal Code (PLPA-004020-2024)Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 ORDINANCE NO. 01 — 25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), CHAPTER 8.16 (AGRICULTURAL ZONING DISTRICT), CHAPTER 8.20 (RESIDENTIAL ZONING DISTRICTS), CHAPTER 8.24 (COMMERCIAL ZONING DISTRICTS), CHAPTER 8.45 (EMERGENCY SHELTERS), CHAPTER 8.46 (SINGLE ROOM OCCUPANCY UNITS), CHAPTER 8.47 (SUPPORTIVE HOUSING), CHAPTER 8.50 (TRANSITIONAL HOUSING), CHAPTER 8.52 (DENSITY BONUS REGULATIONS), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.104 (SITE DEVELOPMENT REVIEW), AND CHAPTER 8.116 (ZONING CLEARANCE) (PLPA-004020-2024) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The City occasionally initiates amendments to the Dublin Municipal Code (DMC) to clarify, add, or amend certain provisions to ensure that the DMC remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community. B. Staff initiated amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.16 (Agricultural Zoning District), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts), Chapter 8.45 (Emergency Shelters), Chapter 8.46 (Single Room Occupancy Units), Chapter 8.47 (Supportive Housing), Chapter 8.50 (Transitional Housing), Chapter 8.52 (Density Bonus Regulations), Chapter 8.76 (Off -Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review), and Chapter 8.116 (Zoning Clearance) (the "Project") to implement certain programs contained in the General Plan Housing Element. C. The Project would implement General Plan Housing Element Programs B.3: Density Bonus, B.10: Objective Design Standards and Streamlined Ministerial Review, B.11: Transitional and Supportive Housing, B.12: Single Room Occupancy Units, B.17: Community Care Facilities, D.3: Emergency Shelters, and D.6: Parking Requirements Near Transit. D. The Planning Commission held a duly noticed public hearing on December 10, 2024, during which all interested persons were heard, and adopted Resolution No. 24-09 recommending that the City Council approve the Project. E. A Staff Report was submitted to the Dublin City Council recommending approval of the Project. F. The City Council held a public hearing on the Project on January 14, 2025, at which time all interested persons had an opportunity to be heard. G. Proper notice of said hearing was given in all respects as required by law. Ord. No. 01-25, Item 5.4, Adopted 02/04/2025 Page 1 of 10 Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 H. The City Council did hear and consider all said reports, recommendations, and testimony set forth above and used its independent judgment to evaluate the project. SECTION 2. FINDINGS A. Pursuant to Dublin Municipal Code Section 8.120.050.B., the City Council hereby finds that the Project is consistent with the General Plan in that the proposed Dublin Municipal Code Amendments are necessary to implement programs identified in the General Plan Housing Element. Specifically, the proposed Dublin Municipal Code Amendments would implement Programs B3: Density Bonus, B.10: Objective Design Standards and Streamlined Ministerial Review, B.11: Transitional and Supportive Housing, B.12: Single Room Occupancy Units, B.17: Community Care Facilities, D.3: Emergency Shelters, and D.6: Parking Requirements Near Transit. B. 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 that the Project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the Project will not have a significant effect on the environment and is not subject to CEQA review. SECTION 3. AMENDMENT TO CHAPTER 8.08 Dublin Municipal Code Section 8.08.020 is amended to remove reference to "small" and "large" Community Care Facility, Supportive Housing and Transitional Housing and amend the following definitions: 8.08.020 Definitions (A-Z). Community Care Facility (use type). The term Community Care Facility shall mean a 24-hour residential facility licensed or supervised by a federal, state or local health/welfare agency providing non -medical care to unrelated persons who are disabled and in need of personal services, supervision or assistance that is essential for sustaining the activities of daily living or for the protection of the individual. This may include, elderly persons, persons in an alcoholism or drug abuse recovery or treatment program, persons with developmental disabilities, physically disabled persons or dependent and neglected children, persons living in an intermediate care facility/developmentally disabled-habilitative, intermediate care facility/ developmentally disabled - nursing, and congregate living health facilities. A Community Care Facility may be located in any type of residence. Family. The term Family shall mean one or more persons who live together in a dwelling as a single, non-profit housekeeping unit. Single Room Occupancy Units (use type). The term Single Room Occupancy Units shall mean a building or buildings constructed or converted for residential living consisting of one -room dwelling units with a minimum size of 150 square feet, where each unit is occupied by a single individual or two persons living together as a domestic unit, and where the living and sleeping space are combined. A one -room dwelling unit is not required to contain a bathroom or a kitchen except that if a bathroom or kitchen is not provided within the unit, such common facilities shall be provided on -site for residents. A unit that contains both a bathroom and kitchen shall be Ord. No. 01-25, Item 5.4, Adopted 02/04/2025 Page 2 of 10 Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 considered a studio unit and not a Single Room Occupancy Unit. Common facilities for laundry may or may not be provided on -site. Supportive Housing (use type). The term Supportive Housing shall mean housing with no limit on length of stay, that is occupied by a target population, and that is linked to on -site or off -site services that assist the supportive housing resident(s) in retaining housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons, including persons with disabilities, and families who are "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code. Transitional Housing (use type). The term Transitional Housing shall mean a dwelling unit occupied by homeless persons or families, which is operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time which shall be no less than six months. SECTION 4. AMENDMENT TO CHAPTER 8.12 Dublin Municipal Code Section 8.12.050 is amended to remove reference to "small" and "large" Community Care Facility, Supportive Housing and Transitional Housing, remove Community Care Facility/Large as a Commercial Use Type and amend portions of the land use matrix as follows: 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 Community Care Facility P P P P - - C/PC C/PC C/PC C/PC - Single Room Occupancy Units - - - - - - - P - - - Supportive Housing P P P P - - C/PC C/PC C/PC C/PC - Transitional Housing P P P P - - C/PC C/PC C/PC C/PC - SECTION 5. AMENDMENT TO CHAPTER 8.16 Dublin Municipal Code Section 8.16.020.A. is amended to read as follows: 8.16.020 A (Agricultural Zoning District) A. Use types permitted in A zoning district. Animal Keeping - Residential, Community Care Facility, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses. All Agriculture use types as shown in the Land Use Matrix require a Conditional Use Permit by the Zoning Administrator. SECTION 6. AMENDMENT TO CHAPTER 8.20 Dublin Municipal Code Section 8.20.020.A.1., Section 8.20.020.A.2, Section 8.20.020.6.1, Section 8.20.020.B.2 and Section 8.20.020.C.2 are amended to read as follows: 8.20.020 Residential Zoning Districts Ord. No. 01-25, Item 5.4, Adopted 02/04/2025 Page 3 of 10 Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 A. R-1 (Single Family Residential Zoning District). 1. Intent. The R-1 zoning district is intended to provide for and protect neighborhoods comprised of detached, single-family homes and residential use types. 2. Use types permitted in R-1 zoning district. Animal Keeping — Residential, Community Care Facility, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses. B. R-2 (Two Family Residential Zoning District). 1. Intent. The R-2 zoning district is intended to provide for and protect neighborhoods comprised of single-family dwellings and two family dwellings that have development characteristics similar to single-family neighborhoods, duplexes, and residential use types. 2. Use types permitted in R-2 zoning district. Animal Keeping — Residential, Community Care Facility, Duplex, Garage/Yard Sale, Mobile Home, Multi - Family Residence, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses. C. R-M (Multi -Family Residential Zoning District). 2. Use types permitted in R-M zoning district. The use types intended for the R-M zoning district include Animal Keeping — Residential, Community Care Facility, Duplex, Garage/Yard Sale, Multi -Family Residence, Single Family Residence, Small Family Day Care Home, Large Family Day Care Home, Supportive Housing, Transitional Housing; similar and related uses; temporary uses; and conditional uses. SECTION 7. AMENDMENT TO CHAPTER 8.24 Dublin Municipal Code Section 8.24.020.D.2. is amended to read as follows: 8.24.020 Commercial Zoning Districts D. C-2 (General Commercial Zoning District). 2. Use types permitted in the C-2 zoning district. Ambulance Service, Automobile/ Vehicle Brokerage, Automobile/Vehicle Rentals, Automobile/Vehicle Repairs and Service, Banks and Financial Services, Building Materials Sales, Copying and Blueprinting, Eating and Drinking Establishment, Health Services/Clinics, Laboratory, Mini -Storage, Office — Contractor's, Office — Professional/Administrative, Parking Lot/Garage — Commercial, Personal Services, Repair Shop, Retail — General, Retail — Neighborhood, Retail — Service, Single Room Occupancy Units,_and School — Commercial; similar and related uses; temporary uses; and conditional uses. Ord. No. 01-25, Item 5.4, Adopted 02/04/2025 Page 4 of 10 Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 SECTION 8. AMENDMENT TO CHAPTER 8.45 Dublin Municipal Code Section 8.45.030 is amended to delete subsections F., H., I. and J. and re -letter as follows: 8.45.030 Development Standards and Regulations A. Permitted in the M-1 (Light Industrial) Zoning District and Certain PD (Planned Development) Zoning Districts. An Emergency Shelter may only be established in the M-1 (Light Industrial) Zoning District and similar PD (Planned Development) Zoning Districts if the project site has an Industrial Park or Business Park/Industrial General Plan land use designation. B. Compliance with M-1 (Light Industrial) Zoning District Standards. An Emergency Shelter shall comply with all development standards and regulations contained in Chapter 8.28 (Industrial Zoning Districts) and Chapter 8.36 (Development Regulations) for an M-1 (Light Industrial) Zoning District. An Emergency Shelter located within a PD (Planned Development) Zoning District shall comply with all development standards and regulations contained within the approved Development Plan for the PD Zoning District. Where the PD Zoning District does not specify a development standard or regulation, the M-1 (Light Industrial) standards and regulations shall apply. C. Off -Street Parking. An Emergency Shelter shall comply with all applicable provisions of Chapter 8.76 (Off -Street Parking and Loading Regulations). D. On -Site Management and Security. On -site management and on -site security shall be provided during the hours when the Emergency Shelter is in operation. E. External Lighting. The Emergency Shelter shall provide external lighting in accordance with building security requirements contained in Chapter 7.32 to maintain a safe and secure environment. F. Length of Stay. No individual or family shall reside in an Emergency Shelter for more than 30 consecutive days. SECTION 9. AMENDMENT TO CHAPTER 8.46 Dublin Municipal Code Section 8.46.020.A. is amended as follows: 8.46.020 Permitting Procedures A. C-2 (General Commercial) and Comparable PD (Planned Development) Zoning Districts. Single Room Occupancy Units that meet the development standards and regulations below shall be permitted in the C-2 Zoning District, or comparable PD Zoning District, subject to a Zoning Clearance by the Community Development Director, which shall be processed in accordance with Chapter 8.116 (Zoning Clearance). Dublin Municipal Code Section 8.46.020.A.1. is deleted and re -numbered as follows: Ord. No. 01-25, Item 5.4, Adopted 02/04/2025 Page 5 of 10 Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 1. Common bathroom facilities are provided on -site if individual units do not contain a bathroom. 2. Common kitchen facilities are provided on -site if individual units do not contain a kitchen. 3. Individual Single Room Occupancy Units may contain either kitchen or bathroom facilities, but shall not contain both. 4. Off-street parking is provided in accordance with Chapter 8.76 (Off -Street Parking and Loading Regulations). 5. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review). 6. All other applicable provisions of the Zoning Ordinance are met. SECTION 10. AMENDMENT TO CHAPTER 8.47 Dublin Municipal Code Section 8.47.020.A. is deleted and Section 8.47.020.B. is re -lettered and amended to read as follows: 8.47.020 Permitting Procedures A. Supportive Housing. Supportive Housing that provides shelter in a dwelling unit, and such persons are identified as a target population, shall be permitted in the A (Agricultural ), R-1 (Single Family Residential), R-2 (Two Family Residential), and R-M (Multi -Family Residential), and conditionally permitted in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park), M-1 (Light Industrial) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met: 1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made when a Conditional Use Permit is applicable. 2. On -site or off -site services are provided to assist Supportive Housing residents in retaining housing, improving their health status, and maximizing their ability to live, and where possible, work in the community. 3. Off-street parking is provided in accordance with Chapter 8.76 (Off -Street Parking and Loading Regulations). 4. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review). 5. All other applicable provisions of the Zoning Ordinance are met. SECTION 11. AMENDMENT TO CHAPTER 8.50 Dublin Municipal Code Section 8.50.010.A. is deleted and Section 8.50.010.B. is re -lettered and amended to read as follows: Ord. No. 01-25, Item 5.4, Adopted 02/04/2025 Page 6 of 10 Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 8.50.010 Purpose and Intent. The purpose of this Chapter is to provide procedures and standards to encourage and facilitate the establishment of Transitional Housing. A. Transitional Housing. Transitional Housing that provides shelter for persons in a dwelling unit shall be permitted in the A (Agricultural ), R-1 (Single Family Residential), R-2 (Two Family Residential), and R-M (Multi -Family Residential), and conditionally permitted in the_C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park), M-1 (Light Industrial) and comparable PD (Planned Development) Zoning Districts if the following development standards and regulations are met: 1. All required findings in Chapter 8.100 (Conditional Use Permit) can be made when a Conditional Use Permit is applicable. 2. The housing is operated under specific program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time which shall be no less than 6 months. 3. Off-street parking is provided in accordance with Chapter 8.76 (Off -Street Parking and Loading Regulations). 4. All new construction or conversion of existing structures complies with Chapter 8.104 (Site Development Review). 5. All other applicable provisions of the Zoning Ordinance are met. SECTION 12. AMENDMENT TO CHAPTER 8.52 Dublin Municipal Code Section 8.52.140.E.2. and Section 8.52.140.F.1. are amended to read as follows: 8.52.140 Density Bonus Application Review. E. If a request for a concession or incentive is otherwise consistent with this Chapter, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of one or more of the following: 2. That the concession or incentive would have a specific adverse impact upon public health or safety or on any real property that is listed in the California Register of Historical Resources and/or National Register of Historic Places, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households. F. If a request for a waiver or modification is otherwise consistent with this Chapter, the approval body may deny a waiver or modification only if it makes a written finding, based upon substantial evidence, of one of the following: Ord. No. 01-25, Item 5.4, Adopted 02/04/2025 Page 7 of 10 Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 1. That the waiver or modification would have a specific adverse impact upon health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households. SECTION 13. AMENDMENT TO CHAPTER 8.76 Dublin Municipal Code Section 8.76.050 is amended to add subsection D.3. to read as follows: 8.76.050 Adjustment to the Number of Parking Spaces D. Parking Exception. 3. Near Public Transit. No off-street parking spaces shall be required for a residential, commercial, or other development project, if the project is located within one-half mile of public transit as defined in Section 2155 of the Public Resources Code, unless otherwise authorized by Section 65863.2 of the Government Code. Dublin Municipal Code Section 8.76.080 is amended to read as follows: 8.76.080 Parking Requirements by Use Type. Except as provided in Section 8.76.050.D., the number of off-street parking spaces required for the Use Types in this Chapter shall be as provided in this Section. Square footage requirements are in terms of Gross Floor Area. Dublin Municipal Code Section 8.76.080.B and Section 8.76.080.D are amended to revise the parking requirements for the following use types: B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Community Care Facility 2 per dwelling Emergency Shelter 1 parking space for each employee on the largest shift, not to exceed the parking requirement for residential or commercial uses in the applicable zoning district Supportive Housing 2 per dwelling Transitional Housing 2 per dwelling D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Community Care Facility 1 per 3 employees on largest shift, plus 1 per 3 beds Supportive Housing 1 per 3 employees on largest shift, plus 1 per 3 beds Transitional Housing 1 per 3 employees on largest shift, plus 1 per 3 beds Ord. No. 01-25, Item 5.4, Adopted 02/04/2025 Page 8 of 10 Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 SECTION 14. AMENDMENT TO CHAPTER 8.104 Dublin Municipal Code Section 8.104.090.C. and Section 8.104.090.F. are amended to read as follows: 8.104.090 Required Findings. C. Except where the project is a "Housing Development Project" as defined in Government Code Section 65589.5(h)(2), the design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed. F. Except where the project is a "Housing Development Project" as defined in Government Code Section 65589.5(h)(2), architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity. SECTION 15. AMENDMENT TO CHAPTER 8.116 Dublin Municipal Code Section 8.116.020 is amended to add subsection L. to read as follows: 8.116.020 Applications Requiring a Zoning Clearance. L. Single Room Occupancy Units. Single Room Occupancy Units that meet the standards specified in Chapter 8.46 (Single Room Occupancy Requirement). SECTION 16. POSTING OF ORDINANCE 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. SECTION 17. EFFECTIVE DATE This Ordinance shall take effect 30 days following its adoption. {Signatures on the Following Page} Ord. No. 01-25, Item 5.4, Adopted 02/04/2025 Page 9 of 10 Docusign Envelope ID: 3603B34D-EADD-4AD4-B4EA-C716613185B6 PASSED, APPROVED AND ADOPTED this 4th day of February 2025, by the following vote: AYES: Councilmembers Josey, McCorriston, Morada, and Mayor Hu NOES: ABSENT: Councilmember Qaadri ABSTAIN: ATTEST: �DocuSigned by: 9B13 (0815i)22F4OA... City Clerk p-DocuSigned by: Mayo t44/%I[ r Ord. No. 01-25, Item 5.4, Adopted 02/04/2025 Page 10 of 10