HomeMy WebLinkAboutReso 25-03 ADU ordinance Update PLPA-004245-2025RESOLUTION NO. 25 – 03
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN MUNICIPAL
CODE CHAPTER 8.08 (DEFINITIONS) AND CHAPTER 8.76 (OFF-STREET PARKING AND
LOADING REGULATIONS), AND REPEALING AND REPLACING CHAPTER 8.80
(ACCESSORY DWELLING UNIT REGULATIONS)
(PLPA-004245-2025)
WHEREAS, the City occasionally initiates amendments to the Dublin Municipal Code to
clarify, add, or amend certain provisions to ensure that it remains current with federal and state
law, internally consistent, simple to understand and implement, and relevant to changes occurring
in the community; and
WHEREAS, Staff initiated amendments to Dublin Municipal Code Chapter 8.08
(Definitions), Chapter 8.76 (Off-Street Parking and Loading Regulations) and Chapter 8.80
(Accessory Dwelling Unit Regulations) (the Project) to ensure compliance with recent changes in
state accessory dwelling unit law; and
WHEREAS, the Project would implement Assembly Bill (AB) 2221, Senate Bill (SB) 897,
SB 477, AB 2533 and SB 1211; 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, the Planning Commission recommends that the City Council find the Project
exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the
Project would not result in any physical changes and it can be seen with certainty that there is no
possibility that the Project would have a significant effect on the environment and is not subject to
CEQA review. Furthermore, accessory dwelling units are exempt from CEQA pursuant to CEQA
Guidelines Section 15303, New Construction or Conversion of Small Structures; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 9,
2025, during which all interested persons were heard; and
WHEREAS,
WHEREAS, a Staff Report dated September 9, 2025, was submitted to the Dublin Planning
Commission recommending approval of the proposed amendments to Dublin Municipal Code
Chapter 8.08 (Definitions) and Chapter 8.76 (Off-Street Parking and Loading Regulations), and
repealing and replacing Chapter 8.80 (Accessory Dwelling Unit Regulations); and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the recommendations.
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NOW, THEREFORE, BE IT RESOLVED
BE IT FURTHER RESOLVED
Exhibit A,
PASSED, APPROVED AND ADOPTED
AYES
NOES
ABSENT
ABSTAIN
ATTEST
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Badami, Han, Prasath, Rashid, Wu
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Exhibit A
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ORDINANCE NO. XX – 25
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.08
(DEFINITIONS) AND CHAPTER 8.76 (OFF-STREET PARKING AND LOADING
REGULATIONS), AND REPEALING AND REPLACING CHAPTER 8.80 (ACCESSORY
DWELLING UNIT REGULATIONS)
(PLPA-004245-2025)
SECTION 1. RECITALS
SECTION 2. FINDINGS
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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. Furthermore,
accessory dwelling units are exempt from CEQA pursuant to CEQA Guidelines Section 15303,
New Construction or Conversion of Small Structures.
SECTION 3. AMENDMENT TO CHAPTER 8.08
Dublin Municipal Code Section 8.08.020 is amended as follows:
8.08.020 Definitions (A-Z).
Accessory Dwelling Unit (use type). The term Accessory Dwelling Unit shall mean a residential
unit that provides independent living facilities for one or more persons and includes permanent
living, cooking, sleeping, and sanitation facilities. An Accessory Dwelling Unit may be either
attached to, or located within, a proposed or existing principal residence, including attached
garages, storage areas or similar uses, or an accessory structure, or detached from a proposed
or existing principal residence and located on the same lot as a proposed or existing principal
residence, including a detached garage. An Accessory Dwelling Unit also includes an efficiency
unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as
defined in Section 18007 of the Health and Safety Code.
SECTION 4. AMENDMENT TO CHAPTER 8.76
Dublin Municipal Code Section 8.76.070 is amended as follows:
A.14.a .2. Accessory dwelling unit parking. Parking for an Accessory Dwelling Unit shall be
provided in accordance with this Chapter except as provided in Sections 8.80.0 40.F and/or
8.80.050.E, as applicable.
SECTION 5. AMENDMENT TO CHAPTER 8.80
Dublin Municipal Code Chapter 8.80 (Accessory Dwelling Unit Regulations) is repealed and
replaced with the following:
Chapter 8.80
ACCESSORY DWELLING UNIT REGULATIONS
8.80.010 Purpose.
The purpose of this Chapter is to implement Government Code Sections 66310 through 66342
by allowing the creation of accessory dwelling units and junior accessory dwelling units through
ministerial review, subject to meeting the requirements of this Chapte r.
8.80.020 General Regulations.
A. Density. Accessory dwelling units and junior accessory dwellings units shall not count
toward the allowed density for the lot upon which they are located. Accessory dwelling units and
junior accessory dwelling units approved in compliance with this Chapter shall be considered a
residential use that is consistent with the existing general plan and zoning for the lot.
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B. Nonconforming Conditions and Code Violations. The correction of nonconforming
zoning conditions, building code violations, or unpermitted structures that do not present a threat
to public health and safety and are not affected by the construction of an accessory dwelling unit
or junior accessory dwelling unit, shall not be required as a condition for ministerial approval of a
permit application for the creation of an accessory dwelling unit or junior accessory dwelling unit.
C. Demolition of Detached Garage. Refer to Chapter 7.28.360.E.
D. Unpermitted Accessory Dwelling Units. Refer to Chapter 7.28.440.H.
E. Occupancy. Refer to Chapter 7.32.130 Section 310.1.1.
F. Fire Sprinklers. Refer to Chapter 7.32.170 Section 903.2.8 Exceptions #5 and #6.
G. Passageway. No passageway shall be required in conjunction with the construction of an
accessory dwelling unit. “Passageway” means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
H. Building Permit Required. Accessory dwelling units and junior accessory dwelling units,
including those that are internal to an existing structure and converted from existing floor area,
shall require a building permit.
8.80.030 Permitting Procedures.
Any permit application for an accessory dwelling unit or junior accessory dwelling unit that
meets the applicable location and development standards contained in this Chapter shall be
considered and approved ministerially without discretionary review or a public hearing. If there is
an existing residence on a lot, a permit application for an accessory dwelling unit or junior
accessory dwelling unit shall either be approved or denied within 60 days of submission of a
complete application. If the applicant requests a delay, the 60 -day time period shall be tolled for
the period of the delay. If the complete application is not approved or denied within 60 days, the
permit application shall be deemed approved. However, if an application for an accessory
dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a
new residence on a lot, the application for the accessory dwelling unit may be delayed until the
permit application to create the new residence is approved or denied, but the application for the
accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially.
The City may charge a fee to reimburse it for costs incurred to implement this section, including
the costs of adopting or amending any ordinance that provides for the creation of an accessory
dwelling unit.
If an application to create an accessory dwelling unit or junior accessory dwelling unit is denied,
the applicant shall be provided in writing with a full set of comments that include a list of items
that are defective or deficient and a description of how the application can be remedied by the
applicant. Notice of the denial and corresponding written comments shall be provided to the
applicant in accordance with the 60-day time period set forth above.
8.80.040 Accessory Dwelling Unit Regulations.
The following provisions apply to all accessory dwelling units that are not “state exempt
accessory dwelling units” as described in Section 8.80.060. In the event of a conflict between
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the provisions of this section and another section of the Dublin Municipal Code, the provisions of
this section shall prevail. In the event of a conflict between the provisions of this section and the
California Government Code, as may be amended, the provisions of the applicable Government
Code shall prevail. A building permit for an accessory dwelling unit will only be issued if it
complies with the following development standards and regulations:
A. Location Permitted. An accessory dwelling unit may be permitted on a lot of any size with
an existing or proposed single-family use or multifamily use in the A, R-1, R-2, R-M, and C-1
zoning districts and in a Planned Development (PD) zoning district. Any PD development
regulations that are more restrictive than this Chapter shall be superseded by this Chapter.
B. Maximum Number of Units and Density.
1. For lots with a single-family residence, there shall be a maximum of one (1) accessory
dwelling unit and one (1) junior accessory dwelling unit that is consistent with Section
8.80.050.
2. For lots with a multifamily residence, refer to Section 8.80.060.
C. Unit Size. The total floor area of an attached or detached accessory dwelling unit shall not
exceed the following:
Principal Residence Attached Accessory
Dwelling Unit
Detached Accessory
Dwelling Unit
Existing Whichever is less of the
following:
50% of the square footage
of the principal residence;
850 square feet for a
studio or one bedroom; or
1,000 square feet for more
than one bedroom
1,200 square feet
Proposed 1,200 square feet 1,200 square feet
An accessory dwelling unit shall be a minimum of 150 square feet or the size necessary to
accommodate an efficiency unit as defined by Health and Safety Code Sections 17958.1 and
18007, whichever is greater. For the purposes of this section, the calculatio n of square footage
for an accessory dwelling unit shall not include garages, carports, covered porches/patios,
breezeways, or other accessory structures.
D. Setbacks.
1. No setback shall be required for existing living area or an existing accessory structure or
an accessory dwelling unit that replaces an existing structure and is in the same location
and to the same dimensions as the structure being replaced. An expansion of up to one
hundred fifty (150) square feet of additional floor area shall be allowed if limited to
accommodating ingress and egress and if the setbacks for the additional floor area are
sufficient for fire and safety. Further expansion shall be subject to height and set back
requirements applicable to a new accessory dwelling unit.
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2. For all other structures, a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit. Accessory dwelling units are not
permitted within an established front yard setback, except as may be necessary to permit an
800-square-foot accessory dwelling unit on the subject parcel.
3. If the accessory dwelling unit is detached from the principal residence on the site, the
distance between the structures shall be determined by Chapter 7.34, Residential Code.
E. Height.
1. A detached accessory dwelling unit shall not exceed 16 feet in height.
2. A detached accessory dwelling unit that is within one -half of one mile walking distance of
a major transit stop or a high-quality transit corridor, as those terms are defined in Section
21155 of the Public Resources Code shall not exceed 18 feet in height. An additional two
feet in height shall also be allowed to accommodate a roof pitch on the ac cessory dwelling
unit that is aligned with the roof pitch of the principal residence.
3. The maximum height for an attached accessory dwelling unit shall conform to the height
requirements of the zoning district where the lot is located.
F. Parking. An accessory dwelling unit shall be provided with one (1) off-street parking space
per unit (if the accessory dwelling unit is a studio, then no space is required). If a space is
required, it shall be provided in accordance with the requirements of Chapter 8.76 , Off-Street
Parking and Loading Regulations, except that the space may be compact, may be uncovered,
may be located on a driveway within setback areas, and may be in tandem with the required
parking of the principal residence. The accessory dwelling unit parking shall be in addition to
parking required for the principal residence except that replacement of the off -street parking
spaces for the dwelling unit is not required when the accessory dwelling unit is created through
the conversion of a garage, carport, or covered parking structure. The off -street parking space is
not required in any of the following instances:
1. The accessory dwelling unit is located within one-half mile walking distance of a public
transit stop.
2. The accessory dwelling unit is located within an architecturally and historically significant
historic district.
3. The accessory dwelling unit is within the proposed or existing principal residence or
accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
5. When there is a car share vehicle located within one block of the accessory dwelling
unit.
6. When a permit application for an accessory dwelling unit is submitted with a permit
application to create a new single-family residence on the same lot, provided that the
accessory dwelling unit satisfies any other criteria listed in this section.
G. Entrance. An accessory dwelling unit shall require a separate entrance from the main
entrance to the proposed or existing principal residence. An exterior stairway proposed to serve
an accessory dwelling unit on a second story or higher shall not be visible from the front public
right-of-way.
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H. Balconies/Decks. Accessory dwelling units shall not have balconies on an elevation
directly facing a side lot line. Allowed balconies shall be located a minimum of 10 feet from side
and rear property lines. Accessory dwelling units shall not contain rooftop terraces/rooftop
decks.
I. Public Utilities and Services. Accessory dwelling units shall be served by public water and
sewer and shall have access to an improved public street.
J. Design Compatibility. The accessory dwelling unit shall incorporate the same design
features, building materials, colors, and landscaping as the principal residence.
K. Lot Coverage. The principal residence and accessory dwelling unit combined shall not
cover more than 60% of the lot.
L. Exemptions. Unit size based upon a percentage of a proposed or existing principal
residence, or limits on maximum lot coverage or minimum front setback, for either an attached
or detached accessory dwelling unit, shall be waived only in the amounts necessary to permit an
800-square-foot accessory dwelling unit with four-foot side and rear yard setbacks on the
subject parcel.
M. Occupancy. Owner-occupancy shall not be required.
N. Ownership. The accessory dwelling unit shall not be sold or conveyed separately from the
principal residence to a qualified buyer except if all of the provisions of Government Code
Section 66341 are met.
O. No Short-Term Rental. Accessory dwelling units shall not be rented for terms of 30 days
or less.
8.80.050 Junior Accessory Dwelling Unit Regulations.
A building permit for a junior accessory dwelling unit will only be issued if it complies with the
following development standards and regulations:
A. Location Permitted. A junior accessory dwelling unit may be permitted on a parcel with an
existing or proposed single-family use in the A, R-1, R-2, and R-M zoning districts and in a
Planned Development (PD) zoning district. Any PD development regulations that are more
restrictive than this Chapter shall be superseded by this Chapter and shall be subject to the
requirements of this Chapter.
B. Relationship to Principal Use. The junior accessory dwelling unit shall be located entirely
within the walls of a proposed or existing single-family residence, including an attached garage.
C. Maximum Number of Units and Density. There shall be a maximum of one junior
accessory dwelling unit per lot. A junior accessory dwelling unit may be in addition to an
attached or detached accessory dwelling unit. A junior accessory dwelling unit shall be
exempted from the calculation of the maximum allowable density for the lot on which it is
located.
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D. Unit Size. The total floor area of a junior accessory dwelling unit shall not be more than
500 square feet, excluding any shared sanitation facility within the principal single-family
residence.
E. Parking. No off-street parking is required for junior accessory dwelling units. However, if
parking is provided, the parking space shall comply with the requirements of Chapter 8.76, Off -
Street Parking and Loading Regulations, except that the space may be compact, may be
uncovered, may be located on a driveway within setback areas, and may be in tandem with the
required parking of the principal single-family residence.
F. Entrance. A junior accessory dwelling unit shall require a separate entrance from the main
entrance of the proposed or existing single-family residence. An exterior stairway proposed to
serve a junior accessory dwelling unit on a second story or higher shall not be visible from the
front public right-of-way, with the exception of state exempt accessory dwelling units described
in Section 8.80.060. If a junior accessory dwelling unit does not include a separate bathroom, an
interior entry to the proposed or existing single-family residence shall be provided.
G. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen,
which shall include the following:
1. A cooking facility with appliances;
2. A food preparation counter; and
3. Storage cabinets of reasonable size in relation to the size of the junior accessory
dwelling unit.
H. Occupancy and Ownership.
1. Owner-occupancy in the residence is required. The owner of the lot may occupy either
the principal single-family residence or the junior accessory dwelling unit, unless the owner
is another governmental agency, land trust or housing organization.
2. A junior accessory dwelling unit shall not be sold or otherwise conveyed separately from
the principal single-family residence.
3. A deed restriction, which shall run with the land, shall be filed with the building permit
application and include the following:
a. Prohibition on the sale of the junior accessory dwelling unit separate from the sale of
the single-family residence, including a statement that the deed restriction may be
enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling unit that
conforms with Government Code Sections 66333 through 66339.
I. No Short-Term Rental. Junior accessory dwelling units shall not be rented for terms of 30
days or less.
8.80.060 State Exempt Accessory Dwelling Units.
State exempt accessory dwelling units refer to accessory dwelling units that are created
pursuant to Government Code Section 66323. State exempt accessory dwelling units are
subject to limited requirements as specified below. The regulations des cribed in Section
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8.80.040 do not apply to state exempt accessory dwelling units. Pursuant to Government Code
Section 66323, an application for a building permit for a state exempt accessory dwelling unit
within a residential or mixed-use zoning district shall be ministerially approved to create any of
the following:
A. Single Family – Accessory Dwelling Units Within Existing or Proposed Space. One
accessory dwelling unit and one junior accessory dwelling unit per lot with an existing or
proposed single-family residence if all of the following apply:
1. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space
of a single-family residence or existing space of a single-family residence or accessory
structure and may include an expansion of not more than 150 square feet beyond the same
physical dimensions as the existing accessory structure. An expansion beyond the physical
dimensions of the existing accessory structure shall be limited to accommodating ingress
and egress.
2. The space has exterior access from the proposed or existing single -family residence.
3. The side and rear setbacks are sufficient for fire and safety.
4. The junior accessory dwelling unit complies with the requirements of Section 8.80.050.
B. Single Family – New Detached Accessory Dwelling Units. One detached, new
construction accessory dwelling unit that does not exceed four -foot side and rear yard setbacks
on a lot with a proposed or existing single-family residence. The accessory dwelling unit may be
combined with a junior accessory dwelling unit as described in Section 8.80.050A. The
accessory dwelling unit shall:
1. Unit Size. Not exceed a total floor area of 800 square feet; and
2. Height.
a. A detached accessory dwelling unit shall not exceed 16 feet in height.
b. A detached accessory dwelling unit that is within one -half of one mile walking distance
of a major transit stop or a high-quality transit corridor, as those terms are defined in
Section 21155 of the Public Resources Code shall not exceed 18 feet in height. An
additional two feet in height shall also be allowed to accommodate a roof pitch on the
accessory dwelling unit that is aligned with the roof pitch of the principal residence.
c. An attached accessory dwelling unit shall not exceed 25 feet in height or the
maximum height allowed by the zoning district where the principal residence is located,
whichever is lower.
C. Multifamily – Accessory Dwelling Unit Conversions. A minimum of one accessory
dwelling unit and up to 25 percent of the total number of existing multifamily residential units
shall be permitted within portions of existing multifamily structures that are not used as livable
space, including, but not limited to, storage room s, boiler rooms, passageways, attics,
basements, or garages, provided each accessory dwelling unit complies with state building
standards for dwellings.
D. Multifamily – Detached Accessory Dwelling Units.
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1. No more than eight detached accessory dwelling units shall be permitted on a lot that has
an existing multifamily residential structure. However, the number of accessory dwelling units
shall not exceed the number of existing units on the lot.
2. On a lot with a proposed multifamily residential structure, no more than two detached
accessory dwelling units shall be permitted.
3. The accessory dwelling units shall be subject to a maximum rear and side yard setback
of four feet and the following building height limitations:
a. A detached accessory dwelling unit shall not exceed 16 feet in height.
b. A detached accessory dwelling unit that is within one -half of one mile walking distance
of a major transit stop or a high-quality transit corridor, as those terms are defined in
Section 21155 of the Public Resources Code shall not exceed 18 feet in height. An
additional two feet in height shall also be allowed to accommodate a roof pitch on the
accessory dwelling unit that is aligned with the roof pitch of the multifamily residential
structure.
c. A detached accessory dwelling on a lot with an existing multifamily, multistory
residential structure shall not exceed 18 feet.
4. If an existing multifamily residential structure has a rear or side yard setback of less than
four feet, no modification of the existing multifamily residential structure shall be required as
a condition of approving the application to construct an accessory dwelling unit that satisfies
the requirements of this section.
8.80.070 Submittal Procedures.
A building permit application for an accessory dwelling unit or junior accessory dwelling unit
shall be submitted to the Community Development Department. In addition to the standard
submittal requirements for a building permit, the accessory dwelling unit or junior accessory
dwelling unit application package shall include the following:
A. Site Plan. A site plan drawn to scale, showing the dimensions of the perimeter of the parcel
on which the accessory dwelling unit or junior accessory dwelling unit will be located. Indicate
the location and dimensioned setbacks of all existing and proposed structures on the project site
and the proposed size of the accessory dwelling unit.
B. Lot Coverage. Calculations indicating the square footage of the structure and the lot,
including calculations on the plan for the percentage of lot area covered by the foundation of the
new and existing dwelling units. State exempt accessory dwelling units are not subject to this
requirement.
C. Elevations. For accessory dwelling units or junior accessory dwelling units that include
modifications to the exterior of the principal residence or new construction, provide elevations
showing all openings, existing and finished grades, stepped footing outline, building height, roof
pitch, and a materials and color board for the existing residence and the proposed accessory
dwelling unit. A material and color board is not required for state exempt accessory dwelling
units.
D. Utility and Service Information. Provide information on available utility easements,
services and connections.
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E. Number of Units. For accessory dwelling units proposed on a lot with an existing multifamily
residential structure, information on the number of existing multifamily units shall be provided.
SECTION 6. 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.
PASSED, APPROVED AND ADOPTED this ___ day of ____________, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________
City Clerk
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