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HomeMy WebLinkAboutOrd_09-25_Item_5.4_Approving_Amendments_Dublin_Municipal_Code_Chap_8.08_(Definitions)_and_Chap_8.76_ Ord. No. 09-25, Item 5.4, Adopted 11/18/2025 Page 1 of 10 ORDINANCE NO. 09 – 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 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 Docusign Envelope ID: 310EA671-CF85-4E53-8C98-51DDF89EAD02 Ord. No. 09-25, Item 5.4, Adopted 11/18/2025 Page 2 of 10 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 8.80.040.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. Docusign Envelope ID: 310EA671-CF85-4E53-8C98-51DDF89EAD02 Ord. No. 09-25, Item 5.4, Adopted 11/18/2025 Page 3 of 10 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 re quests 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 Docusign Envelope ID: 310EA671-CF85-4E53-8C98-51DDF89EAD02 Ord. No. 09-25, Item 5.4, Adopted 11/18/2025 Page 4 of 10 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 applicable Government Code shall prevail. A building perm it 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 calculation 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 Docusign Envelope ID: 310EA671-CF85-4E53-8C98-51DDF89EAD02 Ord. No. 09-25, Item 5.4, Adopted 11/18/2025 Page 5 of 10 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 accessory 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. Docusign Envelope ID: 310EA671-CF85-4E53-8C98-51DDF89EAD02 Ord. No. 09-25, Item 5.4, Adopted 11/18/2025 Page 6 of 10 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. 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 Docusign Envelope ID: 310EA671-CF85-4E53-8C98-51DDF89EAD02 Ord. No. 09-25, Item 5.4, Adopted 11/18/2025 Page 7 of 10 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 S ection 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: Docusign Envelope ID: 310EA671-CF85-4E53-8C98-51DDF89EAD02 Ord. No. 09-25, Item 5.4, Adopted 11/18/2025 Page 8 of 10 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 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. 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 Docusign Envelope ID: 310EA671-CF85-4E53-8C98-51DDF89EAD02 Ord. No. 09-25, Item 5.4, Adopted 11/18/2025 Page 9 of 10 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. 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. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect 30 days following its adoption. Docusign Envelope ID: 310EA671-CF85-4E53-8C98-51DDF89EAD02 Ord. No. 09-25, Item 5.4, Adopted 11/18/2025 Page 10 of 10 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: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________ City Clerk Docusign Envelope ID: 310EA671-CF85-4E53-8C98-51DDF89EAD02