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HomeMy WebLinkAboutItem 6.1 Intro Ordinance Amending Zoning Ordinance Housing Element Implementation PLPA-004326-2026 STAFF REPORT CITY COUNCIL Page 1 of 6 Agenda Item 6.1 DATE: March 24, 2026 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Introduction of an Ordinance Amending the Zoning Ordinance for Housing Element Implementation (PLPA-004326-2026) Prepared by: Kristie Wheeler, Special Projects Manager EXECUTIVE SUMMARY: The City Council will consider City-initiated amendments to the Zoning Ordinance to implement General Plan Housing Element Program B.15 (Replacement Housing) and Program D.1 (Remove Development Constraints). Amendments are proposed to add Dublin Municipal Code Chapter 8.51 (Replacement Housing Requirements) and modify the multi -family residential parking requirements in Dublin Municipal Code Chapter 8.76 (Off -Street Parking and Loading Regulations). In addition, an amendment to Dublin Municipal Code Chapter 8.08 (Definitions) and minor clean up items in Dublin Municipal Code Chapter 8.12 (Zoning Dis tricts and Permitted Uses of Land) and Chapter 8.116 (Zoning Clearance) are proposed. 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), 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). FINANCIAL IMPACT: None. 318 Page 2 of 6 DESCRIPTION: Background In November 2022, the City Council approved the draft General Plan 2023 -2031 Housing Element and associated General Plan and Specific Plan amendments and rezonings. The draft Housing Element was then submitted for review and certification to the State Department of Housing and Community Development (HCD). The Housing Element was certified by HCD on January 19, 2024, and includes a number of programs that are required to be implemented by the City. The City has initiated amendments to the Zoning Ordinance to provide timely and effective implementation of the Housing Element. Proposed Amendments Amendments are proposed to add Dublin Municipal Code (DMC) Chapter 8.51 (Replacement Housing Requirements) and modify Chapter 8.76 (Off-Street Parking and Loading Regulations). The proposed amendments would implement the following Housing Element programs and specific objectives:  B.15 (Replacement Housing). The City may have existing non-vacant sites included within the Sites Inventory that may contain vacant or demolished residential units that were occupied by lower-income households or households subject to affordability requirements within the last five years. Objective: Adopt a formal replacement housing program to ensure any units currently occupied by lower-income households, or households subject to affordability requirements within the last five years, that are lost to new housing development are replaced in compliance with the California Government Code.  D.1 (Remove Development Constraints). Review the Zoning Ordinance to identify standards and requirements that may constrain the development of affordable housing. Specifically, review requirements such as minimum unit size, setbacks, parking requirements, and height restrictions, to ensure the standards do not impede reasonable development. Objective: Amend parking requirements for multi-family developments to remove distinctions between for-sale and for-rent residential developments and to remove guest parking requirements. In addition, an amendment to DMC Chapter 8.08 (Definitions) and minor clean up items in DMC Chapter 8.12 (Zoning Districts and Permitted Uses of Land) and Chapter 8.116 (Zoning Clearance) are proposed and explained in more detail in the analysis section below. Analysis The following is an analysis of the proposed Zoning Ordinance Amendments by topic – Replacement Housing, Remove Development Constraints, and Clean Up Items. 319 Page 3 of 6 Replacement Housing The Housing Element is required to identify sites by income category to meet the City’s Regional Housing Needs Allocation (RHNA). The sites identified in the Housing Element include non-vacant sites that contain existing residential units that could be demolished as a result of future housing development. The California Legislature adopted three laws – Density Bonus law, Housing Element law, and the Housing Crisis Act of 2019 (also known as SB 330) – to ensure that new housing developments do not reduce the total number of existing residential units and do not reduce the number of units that provide housing to lower income households. In accordance with these laws, a housing development must create at least as many residential units as would be demolished. Projects must also replace units rented to lower income households with units affordable to lower income households and, in some cases, provide relocation and other benefits to lower income households who are displaced by the new construction. Replacement housing requirements have applied to projects requesting a density bonus since 2015, and those requirements also apply to any site listed in the Housing Element. The Housing Crisis Act of 2019 and amendments effective January 1, 2022, expanded that requirement to any proposed housing development that proposes to demolish existing units. The purpose of replacement housing requirements 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 development that includes demolition of existing housing units unless the proposed development complies with the applicable replacement housing requirements. Below is an overview of the proposed amendment to the Zoning Ordinance that would implement Housing Element Program B.15 and ensure compliance with state law. DMC Chapter 8.51 (Replacement Housing Requirements). An amendment is proposed to add a new chapter to the Zoning Ordinance that specifies that housing demolition and new housing development projects must comply with the requirements of state law governing replacement housing units. Remove Development Constraints Pursuant to Housing Element Program D.1, Staff reviewed the Zoning Ordinance to identify standards and requirements that may constrain affordable housing development. With the exception of minimum parking requirements, Staff concluded that the development standards provide sufficient flexibility such that they do not present a constraint to the development of affordable housing. The City’s Planned Development (PD) zoning district allows a developer to propose development standards, such as setbacks, lot coverage and building height, tailored to the site and proposed project. In addition, state Density Bonus law allows a developer to request waivers and reductions in development standards for an affordable housing project even if a density bonus is not requested. To identify an appropriate minimum parking requirement for multi-family developments, the City hired W -Trans to prepare a Multi-Family Residential Parking Requirement Study (Attachment 3). Based on a comparison of the City’s minimum parking requirements for multi - 320 Page 4 of 6 family development with nearby cities and the Institute of Transportation Engineers (ITE) Parking Generation Manual, W -Trans concluded that the City’s parking requirements are comparable to some nearby cities but the requirements for condominiums and smaller units are generally higher. W -Trans also found that the City’s parking requirements exceeded ITE’s peak parking demand. To better align the City’s multi-family parking requirements with peak parking demand associated with the number of bedrooms per unit as well as the presence of senior and affordable housing, W -Trans recommended the parking ratios found below. DMC Chapter 8.76 (Off-Street Parking and Loading Regulations). Amendments are proposed to DMC Chapter 8.76 to combine for-sale and for-rent residential development in a new multi-family residential use type that includes both apartments and condominiums; add affordable housing as a new residential use type; and modify the minimum parking requirements for multi-family development, consistent with the recommendations contained in the Multi-Family Residential Parking Requirement Study prepared by W -Trans. The following table shows the City’s current parking requirements and proposed modifications where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Multi-family Apartments/Condominiums Studio/1 Bedroom 1 space covered or garaged per dwelling plus 1 parking space for unreserved and guest parking. 1 Bedroom 1 covered or garaged per dwelling plus 1 parking space for unreserved and guest parking. 2+ Bedrooms 2 spaces 1 covered or garaged per dwelling plus 1 parking space for unreserved and guest parking. Condominiums Studio and 1 Bedroom 1 covered or garaged per dwelling plus 1 guest parking space per dwelling which shall be marked as a guest parking space 2 or more Bedrooms 2 covered or garaged per dwelling plus 1 guest parking space per dwelling which shall be marked as a guest parking space Senior Citizen Apartments Housing 0.75 spaces 1 covered or garaged per dwelling plus one guest parking space for every three dwelling units. Affordable Housing Studio/1 Bedroom 0.5 spaces per dwelling 2+ Bedrooms 1.5 spaces per dwelling 321 Page 5 of 6 DMC Chapter 8.08 (Definitions). An amendment to DMC Chapter 8.08 is also proposed to change “Senior Citizen Apartments” to “Senior Housing” and update the definition to reflec t that senior housing can include rental or condominium units. Clean Up Items In February 2025, the City Council approved amendments to the Zoning Ordinance to implement several programs in the Housing Element. Included was Program B.12 (Single Room Occupancy Units), which required Staff to review the permitting procedures for single- room occupancy units (SROs) and remove potential constraints. As such, Staff recommended and the City Council approved a Zoning Ordinance Amendment to permit SROs in the C -2 (General Commercial) zoning district with a Zoning Clearance rather than a Conditional Use Permit. However, when preparing the amendment to the land use table in DMC Chapter 8.12, Staff inadvertently used the notation P (Permitted) instead of ZC (Zoning Cl earance). Similarly, in July 2025, the City Council approved amendments to the Zoning Ordinance to implement additional programs in the Housing Element. Included in those amendments was Program E.4 (Low-Barrier Navigation Centers), which required the City to adopt procedures and regulations for Low-Barrier Navigation Centers, including a ministerial approval process. As such, Staff recommended and the City Council approved a Zoning Ordinance Amendment to permit Low-Barrier Navigation Centers in the Downtown Dublin zoning districts and Planned Development (PD) zoning district, if the approved PD allows mixed-use or is a commercial PD permitting multifamily uses with a Zoning Clearance. However, Staff inadvertently neglected to include a notation that the land use is permitted with a Zoning Clearance. As part of the Zoning Ordinance Amendments noted above for SROs and Low-Barrier Navigation Centers, amendments to DMC Chapter 8.116 (Zoning Clearance) were included to add the two use types to the list of uses requiring ministerial review and approval of a Zoning Clearance. However, when preparing the amendments to DMC Chapter 8.116, Staff added SROs and Low-Barrier Navigations Centers to DMC Section 8.116.020 (Applications Requiring a Zoning Clearance) but neglected to add the two use types to DMC Section 8.116.030 (Application), Section 8.116.040 (Approval) and Section 8.116.050 (Expi ration of Zoning Clearance). Amendments are proposed in DMC Chapter 8.12 (Zoning Districts and Permitted Uses of Land) and DMC Chapter 8.116 (Zoning Clearance) to correct these omissions. Attachment 1 is draft Ordinance approving the proposed Zoning Ordinance Amendments. A redlined version of the proposed Zoning Ordinance Amendments is included as Attachment 2, where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted. 322 Page 6 of 6 Consistency with the General Plan, Specific Plans, and Zoning Ordinance The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan in that the amendments are necessary to implement programs identified in the Housing Element. Specifically, the proposed Zoning Ordinance Amendments would implement Housing Element Programs B.15 (Replacement Housing) and D.1 (Remove Development Constraints). In addition, the proposed Zoning Ordinance Amendments would correct previous errors and omissions. 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 Zoning Ordinance Amendments are 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. PLANNING COMMISSION REVIEW: The Planning Commission held a public hearing on February 24, 2026, to consider the proposed Zoning Ordinance Amendments and unanimously recommended approval to the City Council. Planning Commission Resolution No. 26-02 is included as Attachment 4. STRATEGIC PLAN INITIATIVE: Strategy 3: Housing Inclusivity and Affordability. Objective A: Implement the goals, policies, and programs in the 2023 -2031 Housing Element. 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), 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) 2) Redlined Zoning Ordinance Amendments 3) Multi-Family Residential Parking Requirement Study, W -Trans, October 22, 2025 4) Planning Commission Resolution No. 26-02 (without attachments) 323 Attachment 1 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. 26-02 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 March 24, 2026, 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, recommendation s, and testimony set forth above and used its independent judgement to evaluate the Project. 324 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. RESIDENTIAL USE TYPE 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 - - - - - - - - - - - Single Room Occupancy Units - - - - - - - ZC - - - 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: 325 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 propos ed 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 demolis hed 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 Multifamily Apartments/Condominiums Studio/1 Bedroom 1 space per dwelling 2+ Bedrooms 2 spaces per dwelling Senior Housing 0.75 spaces per dwelling Affordable Housing Studio/1 Bedroom 0.5 spaces per dwelling 2+ Bedrooms 1.5 spaces per dwelling SECTION 7. AMENDMENT TO CHAPTER 8.116 326 Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 4 of 5 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 informat ion 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 s uch 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 fo r 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. 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. 327 Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 5 of 5 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 328 Attachment 2 Chapter 8.08 Definitions 8.08.020 Definitions (A-Z) Senior Housing Citizen Apartment. The term Senior Housing Citizen Apartment shall mean a multifamily building of three or more residential units that is under single ownership where all units are restricted to occupants aged 62 and above. Chapter 8.12 Zoning Districts and Permitted Land Uses 8.12.050 Permitted and Conditionally Permitted Land Uses RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Low-Barrier Navigation Center7 - - - - - - - - - - - Single Room Occupancy Units - - - - - - - PZC - - - 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. Chapter 8.51 REPLACEMENT HOUSING 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: 329 2 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). Chapter 8.76 Off-Street Parking and Loading Regulations 8.76.080 Parking Requirements by Use Type. B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Multifamily Apartments/Condominiums Studio/1 Bedroom 1 space covered or garaged per dwelling plus 1 parking space for unreserved and guest parking. 1 Bedroom 1 covered or garaged per dwelling plus 1 parking space for unreserved and guest parking. 2+ Bedrooms 2 spaces 1 covered or garaged per dwelling plus 1 parking space for unreserved and guest parking. Condominiums Studio and 1 Bedroom 1 covered or garaged per dwelling plus 1 guest parking space per dwelling which shall be marked as a guest parking space 2 or more Bedrooms 2 covered or garaged per dwelling plus 1 guest parking space per dwelling which shall be marked as a guest parking space Senior Citizen Apartments Housing 0.75 spaces 1 covered or garaged per dwelling plus one guest parking space for every three dwelling units. Affordable Housing 330 3 RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Studio/1 Bedroom 0.5 spaces per dwelling 2+ Bedrooms 1.5 spaces per dwelling Chapter 8.116 Zoning Clearance 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.L. 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. 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. 331 4 N.L. 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. 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. 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.L. Outdoor Live Entertainment. A Zoning Clearance issued for Outdoor Live Entertainment shall expire when the use is no longer operational. 332 Attachment 3 333 334 335 Reso. 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 Attachment 4 336 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 ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ______________________________________ Planning Manager 337 Introduction of an Ordinance Amending the Zoning Ordinance for Housing Element Implementation March 24, 2026 338 Housing Element Background •One of seven mandatory elements of General Plan •Updated every eight years to demonstrate how existing and projected housing needs would be met •November 15, 2022 -City Council approved the draft Housing Element •January 19, 2024 –CA Department of Housing and Community Development certified Housing Element •Includes numerous programs that must be implemented by City 339 Proposed Project •City-initiated amendments to Zoning Ordinance •Implement the following Housing Element Programs: B.15: Replacement Housing Requirements D.1: Remove Development Constraints •Minor clean up items 340 Housing Element Programs •Program B.15: Replacement Housing Requirements Ensures that housing lost to new development is replaced •Program D.1: Remove Development Constraints Zoning Ordinance review for constraints to development of affordable housing Remove distinctions between for-sale and for-rent residential parking requirements Remove guest parking requirements 341 Proposed Amendments •DMC Chapter 8.51 (Replacement Housing Requirements) Add New Chapter 8.51 Demolition and new housing development projects must comply with requirements of state law governing replacement housing 342 Proposed Amendments, 2 •DMC Chapter 8.76 (Off-Street Parking and Loading Regulations) Combine for-sale and for-rent housing under new multi-family residential use category Remove guest parking requirements Add parking requirements for affordable housing Modify minimum parking requirements for multi-family housing •DMC Chapter 8.08 (Definitions) Change Senior Citizen Apartments to Senior Housing 343 344 Clean Up Items •February 2025 -City Council adopted amendments to Zoning Ordinance for Single Room Occupancy Units (SROs) Allowed in C-2 zoning district with a Zoning Clearance Staff inadvertently used P (Permitted) instead of ZC (Zoning Clearance) in land use table •July 2025 -City Council adopted amendments to Zoning Ordinance for Low-Barrier Navigation Centers Allowed in Downtown and PD zoning districts with a Zoning Clearance Staff inadvertently neglected to include ZC notation in land use table 345 Clean Up Items, 2 •SROs and Low-Barrier Navigation Centers amendments •Included •Section 8.116.020 (Applications Requiring a Zoning Clearance) •Not Included •Section 8.116.030 (Application) •Section 8.116.040 (Approval) •Section 8.116.050 (Expiration of Zoning Clearance) 346 Clean Up Items -Proposed Amendments •DMC Chapter 8.12 (Zoning Districts and Permitted Uses of Land) Correct land use table to include ZC notation for SROs and Low- Barrier Navigation Centers •DMC Chapter 8.116 (Zoning Clearance) Add SROs and Low-Barrier Navigation Centers to DMC Section 8.116.030 (Application), Section 8.116.040 (Approval) and Section 8.116.050 (Expiration of Zoning Clearance) 347 Planning Commission •February 24,2026 Public Hearing •Resolution No.26-02 •Unanimous recommendation of approval to City Council 348 Recommendation •Conduct a public hearing, deliberate, waive the reading and introduce an Ordinance 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) •Direct Staff to add clarifying language that parking requirement for senior housing include both market rate and affordable units 349