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HomeMy WebLinkAboutReso 26-02 - Recommending City Council Approval of Zoning Ordinance Amendments Replacement Housing and ParkingReso. No. 26-02, Item 6.1, Adopted 02/24/2026 Page 1 of 2 RESOLUTION NO. 26 02 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), CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) AND CHAPTER 8.116 (ZONING CLEARANCE), AND THE ADDITION OF CHAPTER 8.51 (REPLACEMENT HOUSING REQUIREMENTS) (PLPA-004326-2026) 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 has initiated amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.76 (Off-Street Parking and Loading Regulations) and Chapter 8.116 (Zoning Clearance). The proposed amendments also include a new chapter, Dublin Municipal Code Chapter 8.51 (Replacement Housing Requirements). The proposed amendments (would implement certain programs contained in the General Plan Housing Element and provide minor clean up; and WHEREAS, the Project would implement General Plan Housing Element Program B.15 (Replacement Housing) and Program D.1 (Remove Development Constraints); 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; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 24, 2026, during which all interested persons were heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report dated February 24, 2026, was submitted to the Dublin Planning Commission recommending approval of the proposed amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.76 Reso. No. 26-02, Item 6.1, Adopted 02/24/2026 Page 2 of 2 (Off-Street Parking and Loading Regulations) and Chapter 8.116 (Zoning Clearance), and the addition of a new chapter, Chapter 8.51 (Housing Replacement Requirements); 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. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 24th day of February 2026, by the following vote: AYES: Han, Prasath, Simuro, Rashid NOES: ABSENT: Badami, Puli, Wu ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ______________________________________ Planning Manager Attachment 2 Exhibit A to Resolution Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 1 of 5 ORDINANCE NO. XX - 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) AND CHAPTER 8.116 (ZONING CLEARANCE), AND THE ADDITION OF CHAPTER 8.51 (REPLACEMENT HOUSING REQUIREMENTS) (PLPA-004326-2026) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. 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. B. Staff has initiated amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.76 (Off-Street Parking and Loading Regulations) and Chapter 8.116 (Zoning Clearance). The proposed amendments also include a new chapter, Dublin Municipal Code Chapter 8.51 (Replacement Housing Requirements). The proposed amendments (the “Project”) would implement certain programs contained in the General Plan Housing Element and provide minor clean up. C. The Project would implement General Plan Housing Element Program B.15 (Replacement Housing) and Program D.1 (Remove Development Constraints). D. The Planning Commission held a duly noticed public hearing on February 24, 2026, during which all interested persons were heard, and adopted Resolution No. _____ 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 ______, 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 judgement to evaluate the Project. Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 2 of 5 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 Dublin General Plan in that the amendments are necessary to comply with state law and implement programs identified in the Housing Element. Specifically, the proposed Zoning Ordinance Amendments would implement Housing Element Program B.15 (Replacement Housing) and Program D.1 (Remove Development Constraints). In addition, the proposed Zoning Ordinance Amendments would correct previous errors and omissions. B. 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. The City Council finds that the Project is 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. SECTION 3. AMENDMENT TO CHAPTER 8.08 Dublin Municipal Code Section 8.08.020 is amended as follows: Senior Housing. The term Senior Housing shall mean a multifamily building of three or more residential units where all units are restricted to occupants aged 62 and above. SECTION 4. AMENDMENT TO CHAPTER 8.12 Dublin Municipal Code Section 8.12.050 is amended as follows: 8.12.050 Permitted and Conditionally Permitted Land Uses. A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Low-Barrier Navigation Center7 7Permitted with a Zoning Clearance in the Downtown Dublin Zoning Districts, and in the Planned Development (PD) Zoning District, if the approved PD allows mixed-use or is a commercial PD permitting multifamily uses. SECTION 5. ADDITION OF CHAPTER 8.51 Dublin Municipal Code Chapter 8.51 is added to read as follows: Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 3 of 5 Chapter 8.51 HOUSING REPLACEMENT REQUIREMENTS 8.51.010 Purpose. The purpose of this Chapter is to prevent the loss of housing units and displacement of lower income households. State law does not allow local agencies to approve new housing developments that include demolition of existing housing units unless the proposed development complies with the applicable replacement housing requirements. Housing demolition and housing development projects must comply with the requirements of state law governing replacement housing units, including but not limited to Government Code Sections 66300.5 et seq., 65583.2 and 65915(c)(3), as may be amended. 8.51.020 Requirements for Replacement Housing. A. Unless replacement housing is proposed, a housing development project that includes the demolition of existing housing units shall not be approved on any property that: 1. Includes rental housing units or, if the housing units have been vacated or demolished in the five (5) year period preceding the development application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to low- or very low-income households; 2. Is subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or 3. Is occupied by low- or very low-income households. B. A housing development project that includes demolition of existing housing units on any property described above shall replace those units in compliance with the provisions of Government Code Section 65915(c)(3). SECTION 6. AMENDMENT TO CHAPTER 8.76 Dublin Municipal Code Section 8.76.080.B is amended as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 4 of 5 SECTION 7. AMENDMENT TO CHAPTER 8.116 Dublin Municipal Code Section 8.116.030 is amended as follows: 8.116.030 Application. L. Single Room Occupancy Units. If the Zoning Clearance is for Single Room Occupancy Units, the Applicant shall submit a “Zoning Clearance for Single Room Occupancy Units” application form provided by the Community Development Department with such information requested on said form. M. Low-Barrier Navigation Centers. If the Zoning Clearance is for a Low-Barrier Navigation Center, the Applicant shall submit a “Zoning Clearance for Low-Barrier Navigation Centers” application form provided by the Community Development Department with such information requested on said form. N. Outdoor Live Entertainment. If the Zoning Clearance is for Outdoor Live Entertainment, the Applicant shall submit a “Zoning Clearance for Outdoor Live Entertainment” form along with such information requested on said form. Dublin Municipal Code Section 8.116.040 is amended as follows: 8.116.040 Approval. L. Single Room Occupancy Units. All Single Room Occupancy Units shall be reviewed for compliance with Chapter 8.46 (Single Room Occupancy Units). The Zoning Clearance approval for Single Room Occupancy Units shall be a completed “Zoning Clearance for Single Room Occupancy Units” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee. M. Low-Barrier Navigation Centers. All Low-Barrier Navigation Centers shall be reviewed for compliance with Chapter 8.49 (Low-Barrier Navigation Centers). The Zoning Clearance approval for Low-Barrier Navigation Centers shall be a completed “Zoning Clearance for Low-Barrier Navigation Centers” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee. N. Outdoor Live Entertainment. All requests for Outdoor Live Entertainment shall be reviewed for compliance with Chapter 8.41 (Outdoor Live Entertainment). The zoning clearance approval for Outdoor Live Entertainment shall be a completed “Zoning Clearance for Outdoor Live Entertainment” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee. Dublin Municipal Code Section 8.116.050 is amended as follows: 8.116.050 Expiration of Zoning Clearance. L. Single Room Occupancy Units. A Zoning Clearance issued in conjunction with Single Room Occupancy Units shall expire when the use is no longer operational. Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 5 of 5 M. Low-Barrier Navigation Centers. A Zoning Clearance issued in conjunction with Low-Barrier Navigation Centers shall expire when the use is no longer operational. N. Outdoor Live Entertainment. A Zoning Clearance issued for Outdoor Live Entertainment shall expire when the use is no longer operational. SECTION 8. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 9. EFFECTIVE DATE This Ordinance shall take effect 30 days following its adoption. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this ___ day of __________ 2026, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________ City Clerk