HomeMy WebLinkAboutItem 5.4 Accessory Dwelling Unit Ordinance Update (PLPA-004245-2025)
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 5.4
DATE: November 18, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Accessory Dwelling Unit Ordinance Update (PLPA-004245-2025)
Prepared by: Kristie Wheeler, Special Projects Manager
EXECUTIVE SUMMARY:
On November 4, 2025, the City Council considered City-initiated amendments to the Zoning
Ordinance to implement changes in state accessory dwelling unit law. As proposed, Dublin
Municipal Code Chapter 8.08 (Definitions), Chapter 8.76 (Off-Street Parking and Loading
Regulations) and Chapter 8.80 (Accessory Dwelling Unit Regulations) would be updated to
ensure compliance with the recent legislation. On November 4, 2025, the City Council waived
the first reading and introduced the Ordinance amending the Zoning Ordinance. The City
Council is now requested to waive the second reading and adopt the proposed Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance 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).
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City has initiated amendments to the Zoning Ordinance to ensure that it complies with
state accessory dwelling unit law. Amendments are proposed 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).
On November 4, 2025, the City Council waived the first reading and introduced the Ordinance
approving the proposed Zoning Ordinance Amendments as provided in Attachment 1. The
November 4, 2025 City Council staff report is included as Attachment 2.
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Page 2 of 2
ENVIRONMENTAL DETERMINATION:
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 proposed update
to the Accessory Dwelling Unit Ordinance is exempt from the requirements of CEQA pursuant
to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments will have a significant effect on the environment and are 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.
STRATEGIC PLAN INITIATIVE:
Strategy 3: Housing Inclusivity and Affordability
Objective B: Support efforts to produce housing affordable at all income levels.
Objective D: Support development of housing types to support essential workers, young
buyers, and seniors.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance 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)
2) November 4, 2025 Staff Report (without attachments)
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Attachment 1
Ord. No. XX-25, Item X.X, Adopted xx/xx/2025 Page 1 of 10
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)
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 8.76
(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.
C. The Project would implement Assembly Bill (AB) 2221, Senate Bill (SB) 897, SB 477, AB 2533
and SB 1211.
D. The Planning Commission held a duly noticed public hearing on September 9, 2025, during
which all interested persons were heard, and adopted Resolution No. 25-03 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 November 4, 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.
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 recent changes in state accessory dwelling unit law.
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
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Ord. No. XX-25, Item X.X, Adopted xx/xx/2025 Page 2 of 10
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. 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 e ither
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 8.80.040.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 Chapter.
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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.
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 7.32.125 Section 310.1.1.
F. Fire Sprinklers. Refer to Chapter 7.32.180 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 th e 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
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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 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 applicabl e 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 Sect ion
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
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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 setback requirements applicable to a
new accessory dwelling unit.
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.
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G. Entrance. An accessory dwelling unit shall require a separate entrance from the main
entrance to the proposed or existing principal residence. An exterior stairway proposed to serve
an accessory dwelling unit on a second story or higher shall not be visible from the front public
right-of-way.
H. 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 Gove rnment 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 described in Section 8.80.040 do not apply to
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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 e xisting 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 resi dential units shall
be permitted within portions of existing multifamily structures that are not used as livable space,
including, but not limited to, storage rooms, 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.
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.
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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 a ddition 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.
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
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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 7. EFFECTIVE DATE
This Ordinance shall take effect 30 days following its adoption.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this
18th day of November, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________
City Clerk
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Attachment 2
STAFF REPORT
CITY COUNCIL
Page 1 of 5
Agenda Item 6.1
DATE: November 4, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Accessory Dwelling Unit Ordinance Update (PLPA-004245-2025)
Prepared by: Kristie Wheeler, Special Projects Manager
EXECUTIVE SUMMARY:
The City Council will consider City-initiated amendments to the Zoning Ordinance to implement
changes in state accessory dwelling unit law. As proposed, Dublin Municipal Code Chapter
8.08 (Definitions), Chapter 8.76 (Off-Street Parking and Loading Regulations) and Chapter
8.80 (Accessory Dwelling Unit Regulations) would be updated to ensure compliance with the
recent legislation. The City Council will also consider an exemption from the requirements of
the California Environmental Quality Act.
STAFF RECOMMENDATION:
Conduct a public hearing, deliberate, waive the reading and introduce an Ordinance
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).
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
Pursuant to Government Code Section 66310, the California Legislature found and declared
that, among other things, California is facing a severe housing crisis and accessory dwelling
units are a valuable form of housing that meets the needs of family membe rs, students, the
elderly, in-home health care providers, people with disabilities, and others. Therefore,
accessory dwelling units are an essential component of California’s housing supply.
The California Department of Housing and Community Development (HCD) also notes that
accessory dwelling units are a flexible form of housing that can help Californians more easily
access job-rich, high-opportunity areas. As such, recent changes to state accessory dwelling
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unit law have been enacted to address barriers, streamline approval, and expand potential
capacity for accessory dwelling units, recognizing their unique importance in addressing
California’s housing needs.
Previous Amendments to Accessory Dwelling Unit Regulations
Over the years, the City has amended Dublin Municipal Code (DMC) Chapter 8.80 (Accessory
Dwelling Unit Regulations) in response to changes in state accessory dwelling unit law. The
most recent amendments were adopted in November 2020 (Ordinance No. 17 -20) and
included changes to the development standards for minimum unit size, setbacks, and parking
requirements for accessory dwelling units and the addition of regulations for junior accessory
dwelling units.
Recent Legislation
As part of its goal to address the state-wide housing crisis, rising housing costs, and shortage
of affordable housing options in California, the State Legislature continues to pass bills aimed
at facilitating local approval processes for accessory dwelling units and lifting regulations that
may otherwise limit their development. Assembly Bill 671, which went into effect in 2020,
requires local agencies to include plans to incentivize and promote the creation of accessory
dwelling units. In addition, several other accessory dwelling unit-related bills were passed
during the last three legislative sessions. The most notable are summarized below and
necessitate revisions to the City’s existing Accessory Dwelling Unit Ordinance.
Assembly Bill (AB) 2221 and Senate Bill (SB) 897: These two bills were effective January 1,
2023, and made significant changes to state law to further reduce barriers to development of
accessory dwelling units and junior accessory dwelling units. In part, the changes include the
following:
Objective Standards. Requires local agencies to only impose objective standards on
accessory dwelling units, which “involve no personal or subjective judgment by a public
official.”
Occupancy Change. Provides that the construction of an accessory dwelling unit does
not constitute a Group R occupancy change under the local building code.
Fire Sprinklers. Precludes accessory dwelling unit construction from triggering a
requirement that fire sprinklers be installed in the existing principal residence.
Zoning and Setback. Prohibits local agencies from imposing limits on lot coverage,
floor area ratio, open space, front setbacks, and minimum lot size, for either attached or
detached accessory dwelling units that do not permit at least an 800-square-foot
accessory dwelling unit with four-foot side and rear yard setbacks to be constructed.
Zoning Nonconformance and Building Code Violations. Prohibits local agencies
from denying an accessory dwelling unit permit due 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 the accessory dwelling
unit.
Unpermitted Accessory Dwelling Units. Precludes a local agency from denying a
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permit for an unpermitted accessory dwelling unit that was constructed before January
1, 2018, because it violates building standards or because it does not comply with state
accessory dwelling unit law or a local ordinance.
SB 477, AB 2533 and SB 1211: SB 477 was effective March 27, 2024, and AB 2533 and SB
1211 were effective January 1, 2025. The following is a summary of these three bills:
Updated Government Code Sections. Relocates numerous Government Code
sections into a new chapter to make state accessory dwelling unit law easier to read
and navigate.
Unpermitted Accessory Dwelling Units. Changes the date from January 1, 2018, to
January 1, 2020, such that a local agency is precluded from denying a permit for an
unpermitted accessory dwelling unit that was constructed before January 1, 2020,
because it violates building standards or because it does not comply with state
accessory dwelling unit law or a local ordinance. A local agency must inform the public
about the provisions of this section through public information resources, including
permit checklists and the local agency’s website.
Objective Standards. Prohibits a local agency from imposing any objective standards
on a new type of accessory dwelling unit referred to as State Exempt Accessory
Dwelling Units that are not authorized by the provisions of Government Code Section
66323(a).
Uncovered Parking. Specifies that uncovered, off-street parking spaces removed in
conjunction with the construction of an accessory dwelling unit do not need to be
replaced.
Detached Accessory Dwelling Units. Authorizes up to eight detached accessory
dwelling units on a lot with an existing multifamily dwelling, provided that the number of
accessory dwelling units does not exceed the number of existing units on the lot.
California Department of Housing and Community Development (HCD)
Pursuant to Government Code Section 66326, any city/county that adopts an accessory
dwelling unit ordinance must submit it to HCD within 60 days of adoption. HCD may provide a
review letter with written findings as to whether the adopted ordinance complies with state law.
If an ordinance is found to be out of compliance with state law, the city/county has 30 days to
provide a response letter to HCD.
To ensure the proposed update to the City’s Accessory Dwelling Unit Ordinance is in full
compliance with state accessory dwelling unit law, staff submitted the draft amendments to
HCD for informal review on June 3, 2025. HCD provided their “draft flyover governance”
comments on July 28, 2025, which have been addressed in the proposed amendment s.
Analysis
Given the extent of changes needed to comply with state accessory dwelling unit law, staff
recommends that DMC Chapter 8.80 (Accessory Dwelling Unit Regulations) be repealed and
replaced with a new Chapter 8.80. The following provides a summa ry of the most significant
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proposed changes:
DMC Chapter 8.08.020 (Definitions A-Z) would be updated to ensure the definition of
an accessory dwelling unit is consistent with state law.
DMC Section 8.76.070. A.14.a.2 (Accessory Dwelling Unit Parking) would be
amended to update references to parking requirements for accessory dwelling units in
Chapter 8.80.
DMC Section 8.80.020 (General Regulations) is proposed to address state accessory
dwelling unit law pertaining to density; nonconforming zoning cond itions and building
code violations; unpermitted accessory dwelling units; building code occupancy; fire
sprinklers; demolition of detached garages; and passageways.
DMC Section 8.80.030 (Permitting Procedures) would be updated to ensure that
ministerial review of a permit application for an accessory dwelling unit meets the
timeframes established in state law.
DMC Section 8.80.040 (Accessory Dwelling Unit Regulations) would be updated to
clarify maximum number of units, unit size, and setbacks. In addition, new height
limitations and exemptions to regulations are included.
DMC Section 8.80.060 (State Exempt Accessory Dwelling Units) would be added to
address this new type of accessory dwelling unit, which is essentially exempt from the
City’s accessory dwelling unit regulations if it meets the criteria identified.
Attachment 1 is a draft Ordinance approving the proposed amendments to the Accessory
Dwelling Unit Regulations. A redlined version of the proposed changes to the Accessory
Dwelling Ordinance is included as Attachment 2 where underlined text is proposed to be
added and text with a strikethrough is proposed to be deleted.
Consistency with the General Plan, Specific Plans, and Zoning Ordinance
The proposed update to the Accessory Dwelling Unit Ordinance is consistent with the Dublin
General Plan in that the amendments are necessary to comply with state law.
ENVIRONMENTAL DETERMINATION:
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 proposed update
to the Accessory Dwelling Unit Ordinance is exempt from the requirements of CEQA pursuant
to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments will have a sign ificant effect on the environment and are 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.
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PLANNING COMMISSION REVIEW:
The Planning Commission held a public hearing to consider the proposed Accessory Dwelling
Unit Ordinance Update and unanimously recommended approval to the City Council. Planning
Commission Resolution No. 25-03 is included as Attachment 3.
STRATEGIC PLAN INITIATIVE:
Strategy 3: Housing Inclusivity and Affordability
Objective B: Support efforts to produce housing affordable at all income levels.
Objective D: Support development of housing types to support essential workers, young
buyers, and seniors.
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 City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance 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)
2) Redlined Zoning Ordinance Amendments
3) Planning Commission Resolution No. 25-03 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)
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